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## The Corporation of the Village of Midway BYLAW NO. 293
A Bylaw to designate the Village of Midway as floodplain and to set flood levels and floodplain setbacks pursuant to Section
910 of the Municipal Act
WHEREAS the Village of Midway may enact a floodplain management bylaw pursuant to Section 910 of the Municipal Act, where it considers that flooding may occur on land;
AND WHEREAS Environment Canada and BC Environment have cooperatively produced floodplain mapping for the portion of the Kettle River which flows through the Village's corporate limits, which identifies certain lands as being flood prone;
AND WHEREAS BC Environment has identified, in areas not covered by Floodplain Maps, appropriate floodplain setbacks from bodies of water and watercourses, along with appropriate floodplain elevations;
AND WHEREAS to reduce the risk's purpose of a floodplain management bylaw is injury, and damage to buildings and structures due to flooding. the Village of Midway does not represent to any person that any building or structure, including à manufactured home, located or constructed in accordance with the provisions of floodplain management bylaw will not be damaged by flooding nor that injury loss of life due to flooding, will not occur;
NOW THEREFORE the Council of the Village of Midway in open and public meeting assembled, enacts the following:
## 1. Title
This Bylaw be cited as the "Village of Midway Floodplain
Management Bylaw No. 293, 1997."
## 2.
## 3.
## Administration
- (a) The Building Inspecior or other person appointed by Council will administer the Bylaw.
- (b) This Bylaw shall apply to all lands lying within the the Village of Midway.
- corporate limits of
- This Bylaw includes Schedule 'X' - Floodplain Maps, being Drawings 93-13-1 and 93-13-2 (Sheets 1 and 2 of 8) of Floodplain Mapping for the Keitle River - MidwayRock Creek-Westbridge, dated september 30, 1997 which are attached hereto and form part of this Bylaw.
## Interpretation
For the parposes of this Bylaw, the following definitions apply:
ALLUVIAL FAN means the alluvial deposit of a stream where it from a steep mountain valley or gorge upon a plain or at the junction of a tributary stream with the main stream;
COUNCIL means the Council of the Corporation of the Village
of Midway;
DESIGNATED FLOOD means a flood, which may occur in any. such magnitude as to a flood having a interval, based on a frequency analysis of analysis available. a large watercourse controlled by shall be set on a site specific
DESIGNATED FLOOD LEVEL means the observed or calculated elevation for the Designated Flood, which is used in calculation of the Flood Construction Level;
FREEBOARD means a vertical distance added to a Designated Flood Level, used to establish a Flood Construction Level;
FLOOD CONSTRUCTION LEVEL (FCL) means the Designated Flood Level plus the allowance for Freeboard establish the elevation of the underside of a wooden floor concrete slab for habitable buildings. of mobile home. the ground level or top of concrete asphalt pad, on which it is located shall be no lower than the described elevation. establishes the minimum crest level standard dyke. Where the Designated Flood Level cannot be where there are overriding factors, assessed height above Natural Boundary waterbody or Natural Elevation may be used;
FLOODPLAIN means a lowland area, whether diked, floodproofed elevation, is susceptible administration purposes is taken area submerged by the Designated Flood plus
FLOODPROOFING means either physically or in use damage and includes the use of building setbacks waterbodies to maintain a Floodway and he costa in or in 10900 Floodproofing may be achieved by all
- Building on fill, provided with flood flows of the watercourse, and is adequately protected against floodwater erosion;
- wa lombination of till and structural means.
- Building raised by structural such as foundation columns,
FLOODWAY means the channel of the watercourse and those portions of the Floodplains which are reasonably required to discharge the flood flow of a Designated Flood. required Floodway shall be equal to the width of the channel within the Natural Boundary plus a minimum setback of thirty (30.0) metres from the Natural Boundary on each side of the channel or channels unless otherwise approved;
G.S.C. means Geodetic Survey of Canada datum elevation;
HABITABLE AREA means any space or room within a building or a manufactured home, which is or can be for human occupancy, commercial sales, or storage of goods, possessions or equipment (including furnaces) which would be subject to damage if flooded;
NATURAL BOUNDARY means the visible high watermark of any lake, river: stream: or other body of water where the presence and action of the water are so common and usual and continued all ordinary years as to mark upon the soil of the bed the lake, river, stream, or other body of character distinct from that of the banks thereof, in respect to vegetation, as well as in respect to the nature of the soil itself (Land Act, section 1). In addition, the natural boundary includes the best estimate of the edge of dormant or old side channels and marsh areas;
NON-CONFORMING means any existing building located on floodprone land which does not meet floodproofing requirements set out in any pertinent bylaw, regulation or covenant;
NATURAL GROUND ELEVATION means the undisturbed ground elevation prior to site preparation;
PAD means a paved surface on which blocks, posts, runners or strip footings are placed for the purpose of supporting a manufactured home, or a concrete pad for supporting a Habitable Area.
SETBACK means a withdrawal of a building or landfill from the Natural Boundary or other reference. line to maintain a Floodway and to allow for potential land erosion;
STANDARD DYKES means those built to a minimum elevation equal to the Flood Construction Level and meeting standards of design and construction approved by the Ministry of Environment, Lands and Parks, and maintained by ongoing authority such as a local government body;
TOP OF BANK means the point at which the upward one (1.0) vertical to four (4.0) horizontal, and refers to the crest of the bank or bluff clearly changes into the natural upland designated by the Minister of Environment, his Designated Official;
WATERCOURSE means natural or man-made depression well defined banks a bed 0.6 or more below the surrounding land, serving to give direction to a current of water at least six (6) months of or having a drainage area of 2 square kilometres or more upstream point of consideration, or as designated by the Ministry of Environment, Lands and Parks, or a Designated Official.
## 4. Floodplain Designation
The following lands are designated as Floodplain:
- (a) All land lying within the Designated Floodplain Limit as shown on Schedule 'X', attached hereto and forming part of this Bylaw.
- (b) All other lands which are below the Flood Construction Levels specified in Section 5(a) or within the Floodplain Setbacks specified in Section 5(b) of this Bylaw.
## 5.
## Floodplain Specifications
- (a) Flood Construction Levels
The following elevations are specified as Flood Construction Levels, except where more than one Flood Construction Level is applicable, the higher elevation shall be the specified Flood Construction Level:
- (i) within those areas designated in Section 4(a) of this Bylaw, the specified Flood Construction Levels shall be interpolated from Construction Level" identified on Schedule So serened here "200 year frequency Flood attached hereto;
- or where floodplain mapping is not available,
- (ii)
- 3 metres above the natural boundary of Boundary Creek: except for lands located on located with the limits of the delinated on Beater chotial alluvial fan. For land ian as the accompanying schedule, "Schedule B'"
* one point five (1.5) metres above the natural boundary of Boundary Creek within
* zero point six (0.6) metres above the surrounding ground at any point on the perimeter of the habitation or business area building, or zero point six (0. 6) metres above adjacent road or highway, whichever is the higher;
- the Floodway; or
* an elevation which will give proteciion to structure to the standard Designated Flood event."
- (iii)
- 1.5 m above the natural boundary of any other watercourse, lake, marsh or pond.
## (b) Floodplain Setbacks
following distances are specified Floodplain Setbacks, except that where than one Floodplain Setback is applicable, the greater distance shall be Floodplain Setback:
- (1) natural boundaries of the Kettle River and
2. (ii) Seven point five (7.5) metres from the natural boundary of any lake, marsh, or pond;
3. Thirty point zero (30.0) metres from the Boundary Creek;
4. (iii) Seven point five (7.5) metres from any Standard Dyke right-of-way or structure for flood protection or seepage control.
5. {iv) Fifteen point zero (15.0) metres from the natural boundary of any other water course:
## 6. Application of Floodplain Specifications
- (a) Pursuant to Section 910(5) of the Municipal Act: after a bylaw has specified Flood Construction Levels and Floodplain Setbacks for a designated Floodplain:
- (1) the underside of any floor system, or the top of any pad supporting any space or tool: including a manufactured home, that is used lor dwelling purposes, business of the storage of goods which are susceptible to damage by floodwater shall be above the specified level, and
- (ii) any landfill required to support a floor system or pad shall not extend within any setback from a watercourse or body of water specified by the bylaw or the Minister of
- Environment, Lands and Parks.
- (iii) Structural support or compacted fill or a combination of both may be used to the underside of the floor system or the top pad above the Flood Construction in section structural support and/or fill shall be protected against scour and erosion from flood flows, wave action, ice and other debris.
- (iv) The Building Inspector or such other person appointed by Council to administer this Bylaw require that a British Columbia Land Surveyor's certificate be provided to verify compliance with the Flood Construction Levels and Floodplain Setbacks specified in Section 5(a) and 5(b) and that the cost of such verification shall be assumed by the land
- owner.
## 7. General Exemptions
Pursuant to Section 910(6) of the Municipal Act, the Minister Environment, Lands and Parks development from
may exempt types of the requirements of section 910, subject to conditions he may impose.
## 8. Sile-Specific Exemptions
Applications by property owners to the Minister of Environment, Lands and Parks for site-specific exemptions pursuant to Section 910(6) of the Municipal Act shall be completed on the form attached hereto as Schedule
submitted in accordance with the instructions provided.
## 9.
## 10.
## Violation
Every person who violates any provision of this Bylaw, or who causes or suffers or permits any act or thing to be done in contravention of, or in violation of, any provision of this Bylaw: or who neglects to do or refrains from doing anything required to be done under provisions of this Bylaw,
shall be guilty of an offence of this Bylaw.
## Penalty
Every person guilty of an offence of this bylaw shall be liable on summary conviction to a penalty not exceeding two thousand dollars ($2,000.00) for each offence, and costs of READ A FIRST TIME this 15th day of December:
READ A SECOND TIME this 15th day of Decembers
1997.
1997.
READ A THIRD TIME this 15th day of December:
1997.
THIRD READING RESCINDED this 17th day of August, 1998.
INTRODUCED A THIRD TIME AS AMENDED this 17th day August,
Village of Midway Floodplain Management Bylaw No. 293, 1997 APPROVED the provisions of Section 910 of the Municipal Act = 1998.
Designate Symanor the Minister of Environment Lands and Parks
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NOTICE ADVERTISED pursuant to Section 839 of the Municipal Act this 24TH. day of NOVEMBER and 1ST. day of DECEMBER, 1998
RECONSIDERED AND FINALLY ADOPTED this 7TH. day of DECEMBER, 1998.
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Administrator
d.m.mym.
Mayor
F.t. Hation. Administrator for the Village of Midway, hereby certify the foregoing to be a of Bylaw No. "Village of Midway Floodplain Management Bylaw No. 293, 199
Administrator