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A BYLAW TO ESTABLISH FLOODPLAINS, CONSTRUCTION
LEVELS IN FLOODPLAINS, AND SETBACKS FOR LANDFILL
AND STRUCTURES IN FLOODPLAINS
WHEREAS Section 524 of the Local Government Act allows a local government
to designate land as a floodplain; specify the flood level for that floodplain; and
specify setbacks for landfill or structural supports within the floodplain;
AND WHEREAS the Village of Tahsis has considered the Provincial Guidelines;
NOW THEREFORE, the Council of the Village of Tahsis, in open meeting
assembled, enacts the following:
Short Title
1. This bylaw may be cited for all purposes as the "Village of Tahsis Floodplain
Management Bylaw No. 635, 2020"
Application
2. This Bylaw applies only to those areas of the Village to which a bylaw adopted
under Section 524 (3) of the Local Government Act applies.
Interpretation
3. For the purpose of this bylaw:
Bylaw Enforcement Officer means persons employed or appointed under s. 36
of the Police Act (RSBC 1996, Ch. 367) from time to time by the Council.
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.
Designated Flood Level means the observed or calculated elevation for the
Designated Flood and is used in the calculation of the Flood Construction Level.
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 any Habitable Area as
measured from the natural boundary of a watercourse or the sea. In the case
of a Mobile Home the Designated Flood Level is the Flood Construction Level
for the top of the Pad.
Freeboard means a vertical distance added to the Designated Flood Level and
is used to establish the Flood Construction Level.
Habitable Area means any room or space within a building or structure, which
can be used for human occupancy, commercial sales, or storage of goods,
possessions, or equipment (including furnaces) that would be subject to
damage if flooded.
Landfill means the placement of sand, gravel, earth, rock or any combination
thereof placed or deposited by persons to raise the level of the ground but does
not include building or construction debris.
Mobile Home means any structure, whether or not ordinarily equipped with
wheels, that is designated, constructed or manufactured to be moved from one
place to another by being towed or carried, and to provide a dwelling, house, or
premises, that is registered or capable of being registered in the Manufactured
Home Registry established under the Manufactured Home Act, and complies
with the specifications for manufactured homes set out in the Manufactured
Home Regulation B. C. Regulation 441/2003.
Natural Boundary means the visible high water mark of any lake, river, stream,
the sea 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, the sea or other body of water
a character distinct from that of the banks thereof, in respect of vegetation, as
well as in respect to the nature of the soil itself. In addition, the Natural
Boundary includes the best estimate of the edge of dormant or old side
channels and marsh areas as confirmed by a BCLS.
Pad means a surface on which blocks, posts, runners or strip footings are
placed for the purpose of supporting a Mobile Home, or other Habitable Area.
Professional Engineer means a person who is registered or licensed under
the provisions of the Engineers and Geoscientists Act.
Village means the Village of Tahsis.
Sea means the Tahsis Inlet.
Setback means the required minimum distance, measured horizontally, that a
structural support or landfill, required to elevate a floor system or Pad above
the Designated Flood Level, must be separated from the Natural Boundary to
maintain a floodway and to allow for potential erosion.
Stream means:
(a) a natural watercourse, including a natural glacier course, or a natural
body of water, whether or not the stream channel of the stream has been
modified, or
(b) a natural source of water supply,
including, without limitation, a lake, pond, river, creek, spring, ravine, gulch,
wetland or glacier, whether or not usually containing water, including ice, but
does not include an aquifer
Severability
4. If any Section, subsection, sentence, clause or phrase of this Bylaw is for any
reason held to be invalid by the decision of any court of competent jurisdiction,
the invalid portion shall be severed and the decision that it is invalid, shall not
affect the validity of the remaining portions of the Bylaw.
Enforcement
Every person who violates any provision of this Bylaw; causes or permits an act
or thing to be done in violation to any provision of this Bylaw; neglects or omits
to do anything required by this Bylaw; or fails to comply with an order, direction
or notice made or delivered under this Bylaw commits an offence and is liable,
upon conviction, to the penalties prescribed under this Bylaw and the Offence
Act.
5. The Bylaw Enforcement Officer may enter, at all reasonable times, upon any
premises to inspect and determine whether all regulations, prohibitions and
requirements are being met, in accordance with Section 16 of the Community
Charter.
6. Any person who violates any provision of this bylaw shall, upon summary
conviction, be liable to a penalty of up to $5,000.00 per offence.
7. Each day that an offence occurs constitutes a separate offence.
No Representations
8. By the enactment, administration or enforcement of this Bylaw, or the granting
of a site-specific exemption, the Village does not represent to any person that
any building or structure, including a Mobile Home, located, constructed, or
used in accordance with the regulations of this Bylaw or in accordance with any
advice, information, direction, or guidance provided by the Village in the course
of administration of this Bylaw will not be damaged by flooding.
General Prohibitions
9. No person shall construct, build, erect, or place, or allow to be built, erected, or
placed any building or structure contrary to the provisions of this bylaw.
Floodplain Designations
10. The following lands are designated as flood plain.
a. Land identified as floodplain on Schedule "A" the Tahsis and Leiner River
2100 Floodplain Map (prepared in 2019), forming part of this bylaw.
b. Land within the ftoodplain Setbacks specified in Section 12 of this Bylaw.
c. Land lower than the Flood Construction Levels specified in Section 13 of this
bylaw.
Setback Requirements
11. Unless specified elsewhere in this Bylaw, and subject to Section 524 (6) of the
Local Government Act, no landfill or portion of a landfill slope, or structural
support required to support a floor system or Pad above the Designated Flood
Level, shall be constructed, reconstructed, moved, extended or located:
a. within thirty (30) metres from the Natural Boundary of the Tahsis and Leiner
Rivers
b. within fifteen (15) metres from the Natural Boundary of McKelvie, Ubedam
and Extravagant Creeks, or any other Watercourse including a lake, marsh,
or pond;
c. within thirty (30) metres from the Natural Boundary of the sea.
Flood Construction Level
12. Subject to Section 524 (6) of the Local Government Act, no building, structure
(including a Mobile Home), or any part thereof, shall be constructed,
reconstructed, moved, extended, or located, where the underside of any
wooden floor system or top of a slab or Pad of any Habitable Area is located
below:
a. the Flood Construction Level for a specific parcel, as determined by
interpolation from those flood construction levels shown for land identified
as floodplain on:
i. The "1:200 Year Storm Event" as outlined on the Tahsis and Leiner
Rivers 2100 Floodplain Map Schedule "A" attached to and forming part
of this Bvlaw:
or where such mapping is not available, the maximum elevation of;
b. three (3) metres above the Natural Boundary of the Tahsis and Leiner
Rivers, where that land is within a distance of 200 metres of that
Watercourse; and,
c. one and one half (1. 5) metres above the Natural Boundary of McKelvie,
Ubedam or Extravagant Creeks, or any other Watercourse, as well as a
lake, a marsh or a swamp where that land is within a distance of 1 00 metres
of that Watercourse, a lake, a marsh or a swamp.
d. An elevation of five and one third (5. 3) metres geodetic.
13. Subject to Section 13 of this Bylaw the required elevation may be achieved by
structural elevation of the said Habitable Area, and/or by the placement of
compacted landfill on which any building or structure is to be located. Any
structural support or compacted landfill shall be protected from scour and
erosion, and an engineer must certify the suitability of the landfill or structure
as safe for the intended use.
General Flood Construction Level Exemptions
14. Section 524 (6) (a) of the Local Government Act and Section 13 of this Bylaw
do not apply to:
a. a renovation of an existing building or structure that does not involve an
addition or expansion of habitable space under the flood construction level;
b. an addition to a building or structure, at the original non-conforming floor
elevation, that would increase the size of the building or structure by less
than 25 % of the ground floor area that was existing on March 16, 2021;
c. a building or that portion of a building to be used as a garage, carport, or
storage building not used for the storage of goods damageable by flood
waters, toxic materials, or materials that may contaminate the environment;
d. on-loading and off-loading facilities associated with water-oriented industry
and portable sawmills provided the main electrical switchgear is placed
above the Flood Construction Level;
e. that portion of a building used as crawl space (not exceeding 1.5 metres in
height);
f. recreation shelters, stands, campsite washrooms and washhouses, and
other outdoor recreation facilities not susceptible to flood damage;
g. farm buildings other than dwelling units and closed sided livestock housing;
Site Specific Exemption Applications
15. Pursuant to Section 524 (7) of the Local Government Act a person may make
application to Council to exempt a specific parcel of land or a use, building or
other structure on that parcel of land, from Section 524 (6) of the Local
Government Act and this bylaw provided that a complete application is made
to the Bylaw Enforcement Officer on the application form prescribed by the
Bylaw Enforcement Officer.
16. The Council of the Village of Tahsis may exempt a person from the application
of Section 524 (6) of the Local Government Act or this Bylaw, in relation to a
specific parcel of land or a use, building or other structure on the parcel of land
where:
a. the Council considers the proposed exemption advisable;
b. a Professional engineer or geoscientist with experience in geotechnical
engineering certifies that the property can be safely used for the intended
use and, if applicable, that can reasonably be protected from a 1 in 200-
year flood can be achieved; or,
c. the professional engineer or geoscientist providing the certification required
under Section 16.b. of this Bylaw, provides a Flood Hazard and Risk
Assurance Statement and information identified in EGBC Appendix I -
Legislated Flood Assessments in a Changing Climate in BC, as amended
from time to time; and
d. the owner grants a restrictive covenant under Section 219 of the Land Title
Act respecting the use and development of the land which includes an
indemnity in favour of the Village to indemnify and save harmless the Village
against any loss or damage with respect to the flooding to the property, or
flood damage to the land, structures, and contents thereof, or any injury
(including death) to any person or animal arising from the flooding of the
property or flood damage to the land.
Schedule "A" - Tahsis and Leiner Rivers 2100 Floodplain Map
(prepared in 2019)
READ a first time this
2nd day of March, 2021
READ a second time this 2nd day March, 2021
READ a third time this 2nd day of March, 2021
Reconsidered, Finally Passed and Adopted this
day of
^
, 2021
6^
MAYO
CORPORATE OFFICER
hereby certify that the foregoing is a true and correct copy of the original Bylaw
No.^2^2020 duly passed by the Council of the Village of Tahsis on this
'^ day offttoL
, 2021.
CORPORATE
CER
T a h s i s River
M c K e l v i e Creek
T a h s i s Inlet
L e
i n
e
r
R i v e r
6.5 m
6.0 m
4.5 m
7.5 m
4.5 m
5.5 m
7.0 m
10.0 m
5.0 m
8.5 m
7.5 m
9.0 m
9.5 m
8.0 m
8.5 m
8.0 m
6.0 m
7.5 m
5.5 m
4.5 m
7.0 m
5.0 m
6.5 m
6.0 m
Limit of Study
Limit of Study
Strange Rd
S Maquinna Dr
Cardiac Climb
Tootouch Pl
Head Bay Rd
Dinah Rd
Nootka Rd
Resolution Rd
N Maquinna Dr
Nicolaye Rd
McKelvie Rd
Jewitt Dr
A Rd
Rugged Mountain Rd
Tipperary Pk
Boston Rd
Ubedam
Pl
Quadra
Rd
H Rd
Rogers Rd
Wharf St
School Hill Rd
B Rd
Tipperary Prom
Discovery Cres
G Rd
Meares St
C Rd
Cook St
private driveway
Barnacle Beach Rd
Harbour View Rd
Freda Rd
Edith Rd
Princess Victoria View
Alpine View Rd
Brabant Cres
Tree To Sea Dr
Village of Tahsis
Gold
River
K e y M ap
Legend
River Flood Isolines and FCL (0.3m Freeboard)
Contours
Year 2100 Floodplain Limit
Year 2019 Floodplain Limit
Municipal Boundary
Parcels
0
250
500
750
1,000
(m)
1:10000
Use and Limitations of Floodplain Map:
1 - Under the provisions of the Flood Hazard Statutes Amendment Act, 2003 (Bill 56), local
governments have the role and responsibility for making decisions about local floodplain development
practices, including decisions about floodplain bylaws within their communities. Information on
floodplain management guidelines can be found in the BC Flood Hazard Area Land Use
Management Guidelines.
2- Users must note the dates of base mapping, aerial photography, ground or bathymetric surveys
and issue of mapping relevant to dates of development in the map area. Subsequent developments
or changes within the floodplain or channel will affect flood levels and render site-specific map
information obsolete.
3 - The accuracy of the location of a floodplain boundary as shown on this map is limited by the base
topography.
4 - The floodplain limits are not established on the ground by legal survey. A site survey is required to
reconcile property location, ground elevations and designated flood level information. Building and
floodproofing elevations should be based on field survey and established benchmarks.
5 - Flooding may still occur outside the defined floodplain boundary and the local government does
not assume any liability by reason of the failure to delineate flood areas on this map.
6 - The required or recommended setback of buildings from the natural boundaries of watercourses
to allow for the passage of floodwaters and possible bank erosion is not shown. This information is
available from the local government. In addition, site-specific setbacks from the floodplain limit must
be considered.
7 - Flood construction level is based on a global sea level rise of 1 m by the year 2100. May need to
be revised in the future - see accompanying report dated June 30, 2019.
Notes on Map Data:
A - ESRI Imagery Basemap, July 2013
B - 1 m contours derived from LiDAR collected by McElhanney (December 2018)
Village of Tahsis
Tahsis and Leiner River
2019 Floodplain Map
Project No.
2221-49140-2010
July 4, 2019
Date
Drawn By
CF
Tahsis Boundary
Year 2019 Floodplain Limit
Year 2100 Floodplain Limit
Boston Rd
Jewitt Dr
Alpine View Rd
Coastal FCL (Including 0.6 m Freeboard)
Year 2019 = 4.6 m
Year 2100 = 5.3 m