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Draft Bylaw 1439
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DISTRICT OF NORTH SAANICH
B Y L A W N O. 1439
A BYLAW TO MITIGATE COASTAL FLOODING HAZARDS
WHEREAS:
A. If a flood plain has been designated in a District bylaw, the Local Government Act requires
that the underside of any floor system or the top of any pad supporting any habitable floor
area be above the flood level specified in the bylaw, and that any landfill required to
support a floor system or pad not extend within any applicable setback specified in the
bylaw; and
B. Parcels of land in the District that abut the sea are subject to the coastal flooding hazard,
exacerbated by sea level rise, indicated generally on the Flood Hazard Key Map and Flood
Hazard Maps 1 through 10 attached to and forming part of this Bylaw; and
C. The Council has considered Sections 3.5 and 3.6 of the Province of British Columbia Flood
Hazard Area Land Use Management Guidelines, as amended, which deal with coastal
flooding and sea level rise; and
D. The Local Government Act authorizes the Council to approve an exemption to the building
requirements in the Act on the application of an owner, if the exemption is consistent with
provincial guidelines published under the Environmental Management Act or an engineer
or geoscientist experienced in geotechnical engineering certifies that the owner's land
may be safely used for the intended use, despite the flooding hazard.
THE MUNICIPAL COUNCIL of the District of North Saanich, in open meeting assembled,
enacts as follows pursuant to s. 524 of the Local Government Act:
APPLICATION
1. This Bylaw does not apply to any construction if the scope of work authorized by the
building permit is limited to an addition of habitable floor area to an existing building
that does not comply with s. 524(6) of the Local Government Act and this Bylaw,
provided that:
a. the addition comprises not more than 25% of the total floor area of the
existing building, calculated in accordance with the Zoning Bylaw, considered
either independently or in combination with any other floor area added to the
building after the date of first reading of this Bylaw;
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b. no additional habitable floor area is constructed below the lowest elevation of
existing habitable floor area in the building; and
c. no portion of any additional building area is nearer to the natural boundary of
the sea than any portion of the existing building.
FLOOD CONSTRUCTION LEVEL AND SETBACK
2. For the purposes of Sections 2 and 4, a parcel is deemed to abut the natural
boundary of the sea if its location is such that any portion of the parcel would be
inundated to any degree by a coastal flood that reaches the flood construction level
indicated in respect of the parcel on Map 11 or Map 12 attached to and forming part
of this Bylaw, as applicable to the parcel according to Section 6.
3. The flood level specified for the flood plain for any particular parcel of land, for the
purposes of s. 524(6)(a) of the Local Government Act, is the level specified in respect
of the relevant reach of the sea on Map 11 or Map 12 that the parcel abuts,
depending on the type of building permit application that has been made for the
parcel, and for that purpose the reach demarcation lines indicated on the map are
determinative of the applicable flood level, despite any indication to the contrary on
the map legend. If Map 11 or Map 12 specifies a flood level in respect of a portion of
a parcel, the portion to which the flood level applies shall be located by scaling from
the map.
4. If a parcel abuts, or is deemed to abut, 2 or more reaches of the sea indicated on Map
11 or Map 12, the applicable flood level is the highest level indicated in respect of
any portion of the parcel.
5. For the purposes of this Bylaw:
a. Map 11 applies in respect of all buildings and structures for which a building
permit is required under the Building Bylaw, other than buildings described
in subsection (b); and
b. Map 12 applies in respect of the construction of new principal buildings as
defined in the Zoning Bylaw, whether or not the principal building is
replacing a principal building that existed on the date of first reading of this
Bylaw.
6. The minimum horizontal setback from the natural boundary of the sea of any
landfill required to achieve the building elevation required by Section 6 is 15.0 m.
7. If the location of the natural boundary of the sea in relation to any parcel is such
that the setback rule in Section 7 does not permit the construction on the parcel of a
building supported by landfill, the flood level may be achieved with another type of
structural support provided that the structural support has been authorized by any
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required development permit and complies with the District's zoning bylaw, or the
zoning bylaw as varied to permit the siting of the structural support.
INTERPRETATION
8. Sketches in the Appendix to this Bylaw are intended to illustrate generally the
application of the Bylaw and do not modify any regulation contained in the Bylaw.
9. In this Bylaw,
"Building Bylaw" means District of North Saanich Building and Plumbing Bylaw No.
1150, 2007 as amended or replaced from time to time.
"Building permit" means a building permit for which an application is made pursuant to
the Building Bylaw.
"Habitable floor area" means any space or room, including a manufactured home, that is
used for dwelling purposes, business or the storage of goods that are susceptible to
damage by floodwater.
"Natural boundary of the sea" means the estimated natural boundary associated with
the sea level rise scenario depicted on Map 11 or Map 12 that is applicable to the parcel
according to Section 6, determined in accordance with the Flood Hazard Area Land Use
Management Guidelines as published and amended from time to time by the Province of
British Columbia.
"Zoning Bylaw" means District of North Saanich Zoning Bylaw No. 1255 as amended or
replaced from time to time.
CITATION
10. This Bylaw may be cited for all purposes as "North Saanich Coastal Flooding
Mitigation Bylaw No. 1439 (2018)".
READ A FIRST TIME the xxx day of xxx, 2018.
READ A SECOND TIME the xxx day of xxx, 2018.
READ A THIRD TIME the xxx day of xxx, 2018.
FINALLY PASSED AND ADOPTED the xxx day of xxx, 2018.
MAYOR
CORPORATE OFFICER
Draft Bylaw 1439 - Appendix
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APPENDIX
Draft Bylaw 1439 - Appendix
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Glossary for Appendix
Higher High Water Large Tide (HHWLT) is an existing high water level that often occurs
during 'winter spring tides'. These tides happen several times a month, and are associated
with the occurrence of a full moon or a new moon, approximately every two weeks.
Storm Surge occurs during a coastal storm as the result of the strong winds and low air
pressure, which can bring the water above HHWLT or any other simultaneously occurring
tide level.
The Designated Flood Level (DFL) is the anticipated still water level that considers both
HHWLT and Storm Surge.
Flood Construction Level (FCL) is the required minimum elevation for the base of a floor
structure for habitable floors or for the storage of valuable goods. FCL includes the
Designated Flood Level, plus Wave Effects, and a Freeboard allowance.
Freeboard is a vertical distance between the anticipated Wave Effects and the Flood
Construction Level. It allows for unknowns including a more rapid SLR than anticipated,
specific details of an individual land parcel and particulars of the waters immediately
offshore of a property.
Wave Effects considers the actions and effects of waves along the shoreline that causes
water to rise above the DFL. These effects vary considerably depending on the shoreline
exposure, its character and the presence of coastal structures including seawalls or steep
shorelines. These effects drive the spray and debris that may affect a building located close
to the shoreline.
Natural Boundary (NB) defines the seaward boundary of a property where the prolonged
presence of water creates a change in vegetation and the character of the land itself (see
Land Title Act). The foreshore and water seaward of the Natural Boundary are Crown
property.
The Future Estimated Natural Boundary (FENB) is the predicted location of the future
Natural Boundary as the result of sea level rise. Setbacks for future new buildings should
move inland with the Future Estimated Natural Boundary to preserve the protection that
exists at the shoreline. Provincial guidelines suggest that calculation of the Future
Estimated Natural Boundary can be based on the Flood Construction Level minus the
Freeboard allowance.
Setback is the required minimum horizontal distance between the Natural Boundary (or
Future Estimated Natural Boundary) and any FCL-related structural fill that would be
vulnerable to erosion if sited too close to the sea.
Draft Bylaw 1439 - Key Map
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Draft Bylaw 1439 - Map 1
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Draft Bylaw 1439 - Map 2
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Draft Bylaw 1439 - Map 3
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Draft Bylaw 1439 - Map 4
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Draft Bylaw 1439 - Map 5
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Draft Bylaw 1439 - Map 6
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Draft Bylaw 1439 - Map 7
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Draft Bylaw 1439 - Map 8
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Draft Bylaw 1439 - Map 9
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Draft Bylaw 1439 - Map 10
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Draft Bylaw 1439 - Map 11
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Draft Bylaw 1439 - Map 12
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