Watercourse Protection and Crossing - Bylaw 8441 (2011) — full text

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5975465 CITY OF RICHMOND WATERCOURSE PROTECTION AND CROSSING BYLAW BYLAW NO. 8441 EFFECTIVE DATE - May 9, 2011 CONSOLIDATED FOR CONVENIENCE ONLY This is a consolidation of the bylaws below. The amendment bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaws on this subject. AMENDMENT BYLAW DATE OF ADOPTION EFFECTIVE DATE (If different from Date of Adoption) Bylaw No. 9882 September 4, 2018 November 5, 2018 5975465 WATERCOURSE PROTECTION AND CROSSING BYLAW BYLAW NO. 8441 TABLE OF CONTENTS PART ONE - INTERPRETATION......................................................................1 PART TWO - APPLICATION AND AGREEMENT................................................ 3 PART THREE - PERMIT................................................................................. 4 PART FOUR - CONSTRUCTION OF WATERCOURSE CROSSING, SECURITY DEPOSIT AND INSURANCE............................................................................ 4 PART FIVE - OWNERSHIP OF WATERCOURSE CROSSING............................... 6 PART SIX - MAINTENANCE OF WATERCOURSE CROSSING............................. 6 PART SEVEN - REMEDIAL ACTION.................................................................6 PART EIGHT - PROTECTION OF RIPARIAN MANAGEMENT AREAS .................. 7 PART NINE - TERMINATION........................................................................ 9 PART TEN - LOCAL AREA SERVICES PROGRAM........................................... 9 PART ELEVEN - VIOLATIONS AND PENALTIES................................................9 PART TWELVE - PREVIOUS BYLAW REPEAL.................................................. 10 PART THIRTEEN - SEVERABILITY AND CITATION........................................... 10 5975465 CITY OF RICHMOND WATERCOURSE PROTECTION AND CROSSING BYLAW NO. 8441 The Council of the City of Richmond enacts as follows: PART ONE: INTERPRETATION 1.0 Interpretation 1.1 In this bylaw, unless the context otherwise requires: AGREEMENT means an agreement in the City's prescribed form. APPLICANT means an owner or a utility company, as the case may be, that makes an application. APPLICATION means the request to the City for a permit in the prescribed form. APPLICATION FEE means the fee in the amount set from time to time in the Consolidated Fees Bylaw No. 8636 required when submitting an application. CITY means the City of Richmond as a corporate entity. CITY DESIGN DRAWINGS means design drawings prepared by the City. CITY DESIGN OPTION FEE means the fee in the amount set from time to time in the Consolidated Fees Bylaw No. 8636 required when the City design drawings are requested. CITY LAND means land owned or in the control of the City. CITY REPRESENTATIVE means any one of the following: the City's General Manager of Engineering and Public Works, the City's Director, Engineering or the City's Director, Public Works. CONSTRUCTION AND MAINTENANCE REQUIREMENTS means all federal, provincial and municipal laws, bylaws, regulations, policies, codes, ordinances, guidelines and standards, including, without limiting the generality of the foregoing, in accordance with the City's bylaw entitled To Regulate the Provision of Works and Services Upon Subdivision of Land Bylaw No. 6530 as the same may be amended or replaced from time to time. BYLAW NO. 8441 PAGE 2 5975465 DEVELOPMENT means "development" as defined in section 4.20 of the Zoning Bylaw. DRAINAGE SYSTEM means all storm sewer works and appurtenances owned, controlled, maintained and operated by the City, including, without limitation, storm sewers, watercourses, storm service connections, detention facilities, pumping stations and outfalls located on or in City land. ENHANCEMENT means "enhancement" as defined in the Zoning Bylaw. ENVIRONMENT means air, land, water and all other external conditions or influences under which humans, animals and plants live or are developed. INSPECTION FEE means the fee in the amount set from time to time in the Consolidated Fees Bylaw No. 8636 required when submitting an application for a permit. OWNER means a person who is the registered owner of a parcel. PARCEL means a lot, block, or other area in which land is held, or into which land is legally subdivided. PERMIT means permission or authorization in writing from the City representative under this bylaw to construct and use a watercourse crossing regulated by this bylaw. PERSON POLLUTION means the City, a government body, a utility company, an individual, corporation, partnership or other legal entity. means any substance, whether liquid or solid, that damages or is capable of damaging the environment and includes any substance or combination that does not conform to the British Columbia Water Quality Guidelines for the Protection of Aquatic Life and/or the Canadian Council of Ministers of the Environment Water Quality Guidelines for the Protection of Aquatic Life. PROFESSIONAL ENGINEER means a person who is registered or licensed as a professional engineer pursuant to the Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116. BYLAW NO. 8441 PAGE 3 5975465 QUALIFIED ENVIRONMENTAL PROFESSIONAL means a registered professional biologist, geoscientist, engineer, forester and/or agrologist registered in British Columbia, with demonstrated education, expertise, accreditation, and knowledge relevant to sensitive environments, ecosystems and/or riparian management. RIPARIAN AREA REGULATION means Riparian Area Regulation, B.C. Reg. 376/2004, as may be amended or replaced. RIPARIAN MANAGEMENT AREA means "riparian management area" as defined in the Zoning Bylaw. RIPARIAN VEGETATION GUIDELINES means the Riparian Area Regulation re-vegetation guidelines, as amended and replaced from time to time. SECURITY DEPOSIT means the sum of $5000.00. UTILITY COMPANY means a public or private utility company which makes an application. WATERCOURSE means a natural or man-made channel through which water flows at any time of the year and includes a ditch, slough, brook, river, stream, creek, lake, pond and any other body of water running through or situated partially or fully on City land. WATERCOURSE CROSSING means any bridge, culvert including all appurtenances or any other construction spanning a watercourse located on City land. WATERCOURSE CROSSING OWNER means a person who owns a watercourse crossing. ZONING BYLAW means Richmond Zoning Bylaw 8900, as may be amended or replaced." PART 2: APPLICATION AND AGREEMENT 2.0 Application and Agreement No person shall: (a) pollute, obstruct or impede the flow of any watercourse or waterworks (including drain or sewer) in the City; or (b) place any fill, concrete, timber or any other structure or material into a watercourse in the City, except as set out in subsection 2.2. BYLAW NO. 8441 PAGE 4 5975465 2.2 No person shall construct or cause to be constructed or use any watercourse crossing unless the following requirements are met: (a) the applicant submits an application to the General Manager as set out in subsection 2.3; (b) the applicant has paid the City the application fee, the inspection fee, and, if applicable, the City design option fee, and provided to the City the security deposit; (c) the applicant enters into an agreement with the City regarding the proposed watercourse crossing; and (d) the applicant has obtained a permit to construct and use the proposed watercourse crossing. 2.3 The application referred to in subsection 2.2(a) shall include: (a) either of the following: i. design drawings prepared for the applicant; or ii. City design drawings prepared for the applicant; and (b) any supporting documentation requested by the City in connection with the application. 2.4 The City representative is authorized to execute agreements on behalf of the City if the City representative is satisfied that the requirements of this bylaw have been met and that no reason exists why the City should not enter into an agreement. PART THREE: PERMIT 3.0 Permit 3.2 The City representative is authorized to execute permits on behalf of the City if the City representative is satisfied that the application has been approved, an agreement has been entered into, and all required fees have been paid and the security deposit has been provided. PART FOUR: CONSTRUCTION OF WATERCOURSE CROSSING, SECURITY DEPOSIT AND INSURANCE 4.0 Construction of Watercourse Crossing, Security Deposit and Insurance 4.1 The applicant must construct the watercourse crossing: (a) as contemplated by this bylaw and the application; BYLAW NO. 8441 PAGE 5 5975465 (b) in accordance with the design approved by the City; (c) in accordance with construction and maintenance requirements; (d) so that it does not materially interfere with the City's drainage system or any City land; (e) so as to protect water quality within the watercourse from sediment and other potential pollution, and to minimize the impact on watercourse and riparian ecology; and (f) only after receiving all other regulatory permits and approvals required to undertake the work, including wildlife salvage for aquatic species performed by a Qualified Environmental Professional. 4.2 After completion of construction of the watercourse crossing, the applicant must: (a) in accordance with construction and maintenance requirements, clean and restore any portion of City land affected by the construction of the watercourse crossing to the condition in which it existed prior to the construction of such watercourse crossing, as determined by the City; (b) re-instate all legal survey monuments and property pins removed or displaced by the construction of the watercourse crossing; (c) re-instate any disturbed watercourse bank or riparian areas such that sediment erosion is controlled and plantings provide equal or better riparian protection as existed prior to construction to the satisfaction the City and (if applicable) Fisheries and Oceans Canada; (d) complete As-Constructed drawings; and (e) if the application is for the construction of a bridge, after completion of construction of the bridge, provide a certification letter signed and sealed by a professional engineer stating that a professional engineer has inspected the bridge, that the bridge was constructed in accordance with the design forming part of the application, and that the bridge can service the parcel without any detrimental impact to other nearby parcels, properties and/or the City's drainage system. 4.3 As security for the performance of the applicant's obligations in sections 4.1 and 4.2, the applicant must provide the City with a security deposit. 4.4 The City may utilize all or any portion of the security deposit if the applicant breaches its obligations contained in sections 4.1 and 4.2. If the City, without obligation to do so, remedies any breach of this bylaw and the cost of such undertaking exceeds the amount of the security deposit, the applicant shall pay to the City any amount exceeding the amount secured. 4.5 During the course of construction of the watercourse crossing, the applicant must maintain, and provide to the City evidence of, comprehensive general liability insurance with a limit of not less than $5,000,000.00 inclusive per occurrence for bodily injury and property damage. The insurance must be endorsed to add the City as an additional BYLAW NO. 8441 PAGE 6 5975465 insured and contain a provision requiring that at least 30 days' notice be given to the City prior to cancellation or expiry. PART FIVE: OWNERSHIP OF WATERCOURSE CROSSING 5.0 Ownership of Watercourse Crossing 5.1 Subject to section 5.2, despite the watercourse crossing being on City land, the owner of the parcel fronting the watercourse crossing shall be deemed to be the watercourse crossing owner. 5.2 If the applicant for the permit is a utility company, the utility company shall be deemed to be the watercourse crossing owner. 5.3 The watercourse crossing owner must provide to any prospective owner of the watercourse crossing a copy of the permit relating to the watercourse crossing. PART SIX: MAINTENANCE OF WATERCOURSE CROSSING 6.0 Maintenance of Watercourse Crossing 6.1 During the lifetime of the watercourse crossing, the watercourse crossing owner must, to the City's satisfaction, maintain, repair and replace the watercourse crossing as necessary to ensure that it is in a safe condition for all purposes, does not hinder, impede or interfere with the drainage system, does not cause undue damage to the watercourse ecology or cause the introduction of pollution to the watercourse, and, without limiting the generality of the foregoing, ensure that the watercourse crossing complies with construction and maintenance requirements. 6.2 The watercourse crossing owner must notify the City in writing five (5) business days in advance of any work described in section 6.1 which the watercourse crossing owner intends to perform. 6.3 If the watercourse crossing is within an area designated as a Riparian Management Area, written approval from Fisheries and Oceans Canada and the City must be received prior to maintenance or modification of the watercourse crossing or the watercourse. PART SEVEN: REMEDIAL ACTION 7.0 Remedial action 7.1 If a watercourse crossing is: (a) not in accordance with this bylaw, the application and/or the permit; (b) causing a detrimental impact to other parcels, properties, the drainage system, or structures; (c) causing a detrimental impact to the aquatic environment or causing the introduction of pollution to the watercourse; BYLAW NO. 8441 PAGE 7 5975465 (d) affecting public safety; or (e) not permitting adequate drainage, the City representative may require the watercourse crossing owner at its own expense to remove, repair or replace a watercourse crossing in accordance with construction and maintenance requirements and clean and restore any portion of City land affected by the construction of the watercourse crossing to the condition in which it existed prior to the construction of such watercourse crossing, as determined by the City and to the satisfaction of Fisheries and Oceans Canada (if applicable). 7.2 If an event referred to in section 7.1 has occurred, the City representative shall notify the watercourse crossing owner in writing, specifying: (a) the work to be undertaken; and (b) the period of time within which the work must be completed. 7.3 Where the City has determined that the watercourse crossing owner has failed to construct, install, remove, repair or replace a watercourse crossing in accordance with construction and maintenance requirements and/or clean and restore any portion of City land affected by the construction of the watercourse crossing to the condition in which it existed prior to the construction of such watercourse crossing within a reasonable period of time, all as determined by the City, the City may take whatever action the City considers necessary to remedy the situation without the necessity of full compliance with the provisions of this bylaw at the time it is undertaken. The watercourse crossing owner will pay to the City, on demand by the City, all expenses incurred by the City exercising its rights pursuant to this section 7.3. 7.4 Where the City has determined that there has been a possible contravention of this bylaw which poses a possible threat to the environment or the health or safety of individuals, and immediate action is required to remedy the situation, the City may immediately take whatever action the City considers necessary to remedy the situation without the necessity of full compliance with the provisions of this bylaw at the time it is undertaken. The watercourse crossing owner will pay to the City, on demand by the City, all expenses incurred by the City exercising its rights pursuant to this section 7.4. 7.5 If the watercourse crossing owner has failed to pay the costs incurred by the City in exercising its rights pursuant to section 7.3 and/or section 7.4 before the 31st day of December in the year that the corrective action was taken, the City's costs may, at the City's discretion, be added to and from part of the taxes payable in connection with the parcel fronting the watercourse crossing as taxes in arrears. PART EIGHT: PROTECTION OF RIPARIAN MANAGEMENT AREAS 8.0 Riparian Management Areas 8.1 No person shall commence or conduct, or cause to be commenced or conducted, any development on land situated in a riparian management area, unless: (a) it is for the purposes of enhancement, satisfactory to the City representative; or BYLAW NO. 8441 PAGE 8 5975465 (b) is authorized by a City permit and is in accordance with the Riparian Area Regulation, and any other applicable Federal or Provincial legislation and City bylaw. 8.2 A person who applies, under the City's Building Regulation Bylaw No. 7230, for a permit to authorize the construction of, demolition of, or addition to a single or two family dwelling, accessory building and/or structure, and/or any ancillary development (such as services permitted by the City) on property that contains all or a portion of a riparian management area, must include in, or submit with, the application: (a) a survey of the property and delineation of the riparian management area on all site plans and site surveys; (b) a description of how fill will be contained outside of the riparian management area, including but not limited to, showing the location of a retaining wall on the building site plan, and/or providing a site level grading plan showing proposed and existing elevations; (c) inclusion of the following riparian management area site note on all site plans and site surveys: "City of Richmond Riparian Management Area (RMA)  The RMA must not be altered except in accordance with a City approved permit, or authorized enhancement. No tree, shrub or ground cover removal; no storage of materials; no building, structure or surface construction including retaining walls can occur in an RMA.  A brightly coloured, temporary fence of a minimum height of 1.2 m must be erected at least 2 m outside of the RMA. An erosion and sediment control fence must be installed on the property side of the brightly coloured fence. All additional RMA protection measures, as defined by the City must also be installed/completed.  All protective fencing and erosion and sediment control measures must be in place before development begins, and remain in place until development is complete and final approval received.  The landowner is responsible to restore to the satisfaction of the City any unauthorized development within the RMA."; (d) a riparian management area building permit application review fee above in the amount set out from time to time in the Consolidated Fees Bylaw No. 8636. 8.3 The City representative is authorized to enter on property at any time to: (a) determine whether or requirements of this or any applicable City bylaw, or Federal and Provincial statutes or regulations, are being met and (b) undertake an inspection to determine the work and measures required to restore the riparian management area affected by such contravention, in accordance with riparian vegetation guidelines and all applicable best management practices; BYLAW NO. 8441 PAGE 9 5975465 8.4 If development occurs in a riparian management area in contravention of Section 8.1 above, the City representative: (a) may order in writing the owner and/or occupant of the property to, at their sole expense, restore any portion of riparian management area on or adjacent to the property affected by such contravention, and may require such restoration work and measures to be overseen by a Qualified Environmental Professional, and may require such restoration work and measures to be completed within a specified period of time. Upon receipt, the owner and/or occupant shall take whatever action is specified in the order within the time period specified therein; and (b) may require additional inspections to confirm the undertaking and completion of restoration work and measures ordered pursuant to subsection (a) above, and compliance with City bylaws, and Federal and Provincial statutes and regulations. 8.5 The owner of the property must pay the non-refundable riparian management area inspection fees for the inspections referred to in sections 8.3 and 8.4 above in the amount set out from time to time in the Consolidated Fees Bylaw No. 8636. PART NINE: TERMINATION 9.0 Termination 9.1 The City representative may terminate a permit at any time and for any reason upon providing the watercourse crossing owner with a written notice of the same. If the watercourse crossing owner receives such a notice, the watercourse crossing owner shall at its own expense remove the watercourse crossing and restore the City land affected by such removal within the time specified in the notice and to the satisfaction of the City and Fisheries and Oceans Canada (if applicable), and in accordance with construction and maintenance requirements, clean and restore any portion of City land affected by the construction of the watercourse crossing to the condition in which it existed prior to the construction of such watercourse crossing, as determined by the City. PART TEN: LOCAL AREA SERVICES PROGRAM 10.0 Local Area Services Program 10.1 A watercourse crossing is not a permanent component of any drainage system. If a Local Area Services Program becomes effective in the area in which a parcel fronting the watercourse crossing is located, the City will remove the watercourse crossing as part of the Local Area Services Program and the owner will be required to pay the owner's portion of the Local Area Services Program fees. PART ELEVEN: VIOLATIONS AND PENALTIES 11.0 Offences and Penalties 11.1 (a) A violation of any of the provisions identified in this bylaw shall result in liability for penalties and late payment amounts established in Schedule A of the Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122; and BYLAW NO. 8441 PAGE 10 5975465 (b) A violation of any of the provisions identified in this bylaw shall be subject to the procedures, restrictions, limits, obligations and rights established in the Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122 in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60. 11.2 Every person who contravenes any provision of this bylaw is considered to have committed an offence against this bylaw and is liable on summary conviction, to the penalties provided for in the Offence Act, RSBC 1996, c. 338, and each day that such violation is caused, or allowed to continue, constitutes a separate offence. PART TWELVE: PREVIOUS BYLAW REPEAL 12.0 Previous Bylaw Repeal 12.1 Ditch and Watercourse Protection and Regulation Bylaw No.7285 (adopted December 17, 2001) is repealed. PART THIRTEEN: SEVERABILITY AND CITATION 13.0 Severability and Citation 13.1 If any part, section, sub-section, clause, or sub-clause of this bylaw is, for any reason, held to be invalid by the decision of a Court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this bylaw. 13.2 This bylaw is cited as "Watercourse Protection and Crossing Bylaw No. 8441."