Floodplain Designation and Construction Control Bylaw No. 2384, 2008 - Consolidated Version — full text

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CITY OF PITT MEADOWS FLOODPLAIN DESIGNATION AND CONSTRUCTION CONTROL BYLAW Bylaw No. 2384, 2008 and amendments thereto CONSOLIDATED FOR CONVENIENCE ONLY This is a consolidation of the bylaws listed below. The amending bylaws have been consolidated with the original bylaws for convenience only. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaws on this subject. BYLAW NO. ADOPTED AMENDED SECTION(S) 2384, 2008 August 12, 2008 Original 2547, 2012 March 20, 2012 Part 3 The bylaw numbers in bold at the end of the clause refer to the bylaws that amended the principal bylaw. CITY OF PITT MEADOWS FLOODPLAIN DESIGNATION AND CONSTRUCTION CONTROL BYLAW NO. 2384, 2008 2 | Page DM 99808v2 A Bylaw of the City of Pitt Meadows to regulate construction in the floodplain. WHEREAS, the Council of the City of Pitt Meadows is authorized to enact a bylaw pursuant to Section 910 of the Local Government Act; AND WHEREAS, the Council of the City of Pitt Meadows considers that certain geographical areas with its boundaries may flood; AND WHEREAS the Council wishes to reduce the risk of injury, loss of life, and property damage due to flooding and erosion; AND NOW THEREFORE, the Council of the City of Pitt Meadows in open meeting assembled, ENACTS AS FOLLOWS: PART I - INTERPRETATION Citation/Title 1. This Bylaw may be cited as the "City of Pitt Meadows Floodplain Designation and Construction Control Bylaw No. 2384, 2008". 2. The areas of the City of Pitt Meadows shown shaded on Schedules A ("the Schedule A Floodplain") and B ("the Schedule B Floodplain") that are attached and form part of this bylaw are hereby designated as floodplains. Definitions 3. For the purposes of this bylaw the following definitions shall apply: a) Alluvial Fan means the alluvial deposit of a stream where it issues from a steep mountain valley or gorge upon a plain or at the junction of a tributary stream with the main stream. b) Designated Flood means a flood, which may occur in any given year, of such magnitude as to equal a flood having a 200-year recurrence interval, based on a frequency analysis of unregulated historic flood records or by regional analysis where there is inadequate streamflow data available. Where the flow of a large watercourse is controlled by a major dam, the designated flood shall be set on a site specific basis. c) Designated Flood Level means the elevation established in section 4 for each floodplain and is used in the calculation of the Flood Construction Level. CITY OF PITT MEADOWS FLOODPLAIN DESIGNATION AND CONSTRUCTION CONTROL BYLAW NO. 2384, 2008 3 | Page DM 99808v2 d) Flood Construction Level means the Designated Flood Level plus the allowance for freeboard and is used to establish the elevation of the underside of a wooden floor system or top of a concrete slab for habitable buildings. In the case of a manufactured home, the ground level or top of a pad, on which it is located shall be no lower than the above-described elevation. e) Floodproofing means the alteration of land or structures either physically or in use to reduce or eliminate flood damage and includes the use of elevation and/or building setbacks from water bodies to maintain a floodway and to allow for potential erosion. f) Freeboard means a vertical distance added to the Designated Flood Level and is used to establish the Flood Construction Level. For the purposes of this bylaw, freeboard means a vertical distance of 0.6 metres. g) Habitable Area means any room or space within a building or structure which is or can be used for human occupancy, commercial sales, or storage of goods, possessions or equipment (including furnaces) which would be subject to damage if flooded. h) Heavy Industry includes such uses as manufacturing or processing of wood and paper products, metal, heavy electrical, non-metallic mineral products, petroleum and coal products, industrial chemicals and by-products, and allied products. i) Light Industrial means a general industrial use that is wholly enclosed within a building except for the outside storage of commercial vehicles, and that is not offensive by reason of smoke, noise, vibration, dirt, glare, odour, or electrical interference. (Bylaw No. 2547, 2012) j) Manufactured home means a structure manufactured as a unit, intended to be occupied in a place other than at its manufacturer, and designed as a dwelling unit, and includes mobile homes, and specifically excludes recreation vehicles. (Bylaw No. 2547, 2012) k) 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 so long continued in all ordinary years as to mark upon the soil of the bed of the lake, river, stream or other body water a 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 CITY OF PITT MEADOWS FLOODPLAIN DESIGNATION AND CONSTRUCTION CONTROL BYLAW NO. 2384, 2008 4 | Page DM 99808v2 addition, the natural boundary includes the best estimate of the edge of dormant or old side channels and marsh areas. l) Pad means a prepared surface on which blocks, posts, runners or strip footings are placed for the purpose of supporting a manufactured home or unit. m) Qualified Professional means a person who is registered or licensed under the provisions of the Engineer's and Geoscientists Act, R.S.B.C. 1996, Chapter 16, with experience or training in geotechnical study and geohazard assessments. n) 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. o) Standard Dike means a dyke built to a minimum crest elevation equal to the Flood Construction Level and meeting standards of design and construction approved by the Ministry of Water, Land and Air Protection and maintained by an ongoing authority such as a local government body. p) Watercourse means any natural or man made depression with well defined banks and a bed 0.6 metres or more below the surrounding land serving to give direction to a current of water at least six (6) months of the year or having a drainage area of 2 square kilometers or more upstream of the point of consideration. PART II - REGULATIONS Designated Flood Level 4. For the purposes of this bylaw, the following Designated Flood Levels apply: (a) For the Schedule A Rural Floodplain; 1.85 metres Geodetic Survey of Canada datum. (b) For the Schedule B Urban Floodplain; 5.15 metres Geodetic Survey of Canada datum. CITY OF PITT MEADOWS FLOODPLAIN DESIGNATION AND CONSTRUCTION CONTROL BYLAW NO. 2384, 2008 5 | Page DM 99808v2 Elevation Requirements 5. (a) No building, manufactured home or unit, modular home or structure or any part thereof shall be constructed, reconstructed, moved, extended or located with the underside of a wooden floor system or top of a concrete slab of any area used for habitation, business, or storage of goods damageable by floodwaters, or in the case of a manufactured home or unit the ground level or top of the concrete or asphalt pad on which it is located lower than: (i) 2.45 metres Geodetic Survey of Canada datum for locations in the Schedule A Rural Floodplain; and (ii) 5.75 metres Geodetic Survey of Canada datum for locations in the Schedule B Urban Floodplain. (b) The required elevation may be achieved by structural elevation of the said habitable, business, or storage area or by adequately compacted landfill on which any building is to be constructed or manufactured home or unit located, or by a combination of both structural elevation and landfill. No area below the required elevation shall be used for the installation of furnaces or other fixed equipment susceptible to damage by floodwater. (c) Foundations of construction in alluvial fan areas shall be designed by a Qualified Professional to ensure that structures are anchored to minimize the impact of flood, sediment and erosion damage; footings are extended below scour depth, or fill materials are armoured where elevation is achieved by fill, to protect against scour, erosion and flood flows. Exemptions 6. Section 5 shall not apply to: (a) a renovation of an existing building or structure that does not involve an addition thereto; or an addition to a building or structure that would increase the size of the building or structure by less than 50 percent of the floor area existing at the date of adoption of City of Pitt Meadows Building Bylaw Amendment Bylaw No. 2348, 2007; (b) that portion of a building or structure to be used as a carport or garage; (c) farm buildings other than closed-sided livestock housing. Closed-sided livestock housing protected by a Standard Dike is exempted from the CITY OF PITT MEADOWS FLOODPLAIN DESIGNATION AND CONSTRUCTION CONTROL BYLAW NO. 2384, 2008 6 | Page DM 99808v2 requirement to floodproof but if not so protected shall be elevated one (1) metre above the natural ground elevation; (d) light or heavy industry development located on the Schedule B Floodplain that would otherwise be required to floodproof to the Designated Flood Level; (e) heavy industry protected by a Standard Dike; and (f) on-loading and off-loading facilities associated with water-oriented industry and portable sawmills; provided that main electrical switchgear associated therewith shall be placed above the Flood Construction Level. Further Exemption 7. (a) An applicant wishing to develop within a Schedule A or Schedule B floodplain may apply to the Council for an exemption from the provisions of this bylaw provided that the applicant has delivered to the City a report prepared by a Qualified Professional that the land proposed for development may be safely used for the use intended. (b) The local government may grant an exemption provided: (i) it considers the exemption is consistent with then-existing provincial guidelines (as defined in section 910(1) of the Local Government Act as amended or superseded); (ii) it may impose any term or condition contemplated by the provincial guidelines; and (iii) it may require the applicant to enter into a section 219 covenant that must be registered in the Land Title Office in priority to any financial charge. Effective Date 8. This Bylaw shall come into force and effect as of date of adoption. CITY OF PITT MEADOWS FLOODPLAIN DESIGNATION AND CONSTRUCTION CONTROL BYLAW NO. 2384, 2008 7 | Page DM 99808v2 Severability 9. If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed and the remainder of the bylaw is deemed invalid. Repeal/Amendment 10. City of Pitt Meadows Building Bylaw No. 2131, 2003 is amended as follows: (a) by deleting the definition of "area used for habitation" from section 2 "Definitions"; and (b) by deleting section 25, "Flood Control Requirements", including subsections 25.1 to 25.5 inclusive. Schedules Schedule A - Schedule A Rural Floodplain Schedule B - Schedule B Urban Floodplain READ a FIRST, SECOND, and THIRD time the 8th day of July, 2008. FINALLY CONSIDERED AND ADOPTED the 12th day of August, 2008. Mayor Corporate Officer CITY OF PITT MEADOWS FLOODPLAIN DESIGNATION AND CONSTRUCTION CONTROL BYLAW NO. 2384, 2008 8 | Page DM 99808v2 SCHEDULE A: CITY OF PITT MEADOWS FLOODPLAIN DESIGNATION AND CONSTRUCTION CONTROL BYLAW NO. 2384, 2008 9 | Page DM 99808v2 SCHEDULE B: