OkanagonRegionalDistrict-Official Plans for Kaledan-Apex Districts-2456

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 This Bylaw has been consolidated for convenience only and includes all  Amendments to the text up to: March 20, 201 4  AREA ‘D-1’ KALEDEN-APEX SOUTHWEST SECTOR OFFICIAL COMMUNITY PLAN OCP Bylaw No. 2456, 2008 – Region al Dist ric t Okanagan-Simil kameen Photo by: Johnny Smoke

Transcript of OkanagonRegionalDistrict-Official Plans for Kaledan-Apex Districts-2456

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This Bylaw has been consolidated forconvenience only and includes all

Amendments to the text up to:March 20, 2014

AREA ‘D-1’ KALEDEN-APEXSOUTHWEST SECTOR

OFFICIAL COMMUNITY PLAN

OCP Bylaw No. 2456, 2008 – Regional Distric t Okanagan-SimilkameenPhoto by: Johnny Smoke

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008

Regional District Okanagan-Similkameen

Kaleden-Apex Southwest Sector

Offic ial Community Plan Bylaw No. 2456, 2008

TABLE OF CONTENTS

1.0 INTERPRETATION AND ADMINISTRATION ..................................................... 5

1.1 PURPOSE .......................................................................................................................... 5 1.2 I NTERPRETATION ............................................................................................................. 5 1.3 ADMINISTRATION ............................................................................................................ 5

2.0 WHAT IS AN OFFICIAL COMMUNITY PLAN? ................................................... 6

2.1 BACKGROUND ................................................................................................................. 6

2.2 DEVELOPMENT APPROVAL I NFORMATION ...................................................................... 6 3.0 KALEDEN-APEX SOUTHWEST SECTOR CONTEXT ....................................... 8

3.1 HISTORICAL CONTEXT ..................................................................................................... 8 3.2 GEOGRAPHIC CONTEXT ................................................................................................... 9

4.0 OFFICIAL COMMUNITY PLAN MAP DESIGNATIONS .................................... 11

5.0 COMMUNITY VISION ........................................................................................ 13

6.0 GROWTH MANAGEMENT ................................................................................ 14

6.1 CONTEXT ....................................................................................................................... 14 6.2 OBJECTIVES ................................................................................................................... 14 6.3 POLICIES ........................................................................................................................ 14

7.0 RESOURCE AREA ............................................................................................ 16

7.1 BACKGROUND ................................................................................................................ 16 7.2 OBJECTIVES ................................................................................................................... 16 7.3 POLICIES ........................................................................................................................ 16

8.0 AGRICULTURE ................................................................................................. 18

8.1 BACKGROUND ................................................................................................................ 18 8.2 OBJECTIVES ................................................................................................................... 18 8.3 POLICIES ........................................................................................................................ 18

9.0 RURAL HOLDINGS ........................................................................................... 23

9.1 BACKGROUND ................................................................................................................ 23 9.2 OBJECTIVES ................................................................................................................... 23 9.3 POLICIES ........................................................................................................................ 23

10.0 RESIDENTIAL .................................................................................................... 26

10.1 BACKGROUND ................................................................................................................ 26

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008

10.2 OBJECTIVES ................................................................................................................... 27 10.3 POLICIES ........................................................................................................................ 27 10.4 VACATION R ENTAL POLICIES ....................................................................................... 29

11.0 COMMERCIAL ................................................................................................... 31

11.1 BACKGROUND ................................................................................................................ 31 11.2 OBJECTIVES ................................................................................................................... 31 11.3 POLICIES ........................................................................................................................ 31

12.0 INDUSTRIAL ...................................................................................................... 33

12.1 I NDUSTRIAL ................................................................................................................... 33 12.1.1 Industrial Objectives ........................................................................................................ 33 12.1.2 Industrial Policies ............................................................................................................ 33

12.2 AGGREGATE AND M INERAL R ESOURCES ....................................................................... 33 12.2.1 Aggregate and Mineral Resources Objectives ............................................................... 34 12.2.2 Aggregate and Mineral Resources Policies ................................................................... 34

13.0 ADMINISTRATIVE, CULTURAL AND INSTITUTIONAL ................................... 36 13.1 BACKGROUND ................................................................................................................ 36 13.2 EDUCATION AND COMMUNITY FACILITIES ..................................................................... 36

13.2.1 Objectives ......................................................................................................................... 36 13.2.2 Policies ............................................................................................................................. 36

13.3 PROTECTIVE SERVICES .................................................................................................. 37 13.3.1 Objectives ......................................................................................................................... 37 13.3.2 Policies ............................................................................................................................. 37

13.4 DOMINION R ADIO ASTROPHYSICAL OBSERVATORY ......................................................... 38 13.4.1 Objectives ......................................................................................................................... 38 13.4.2 Policies ............................................................................................................................. 38

13.5 HERITAGE AND CULTURAL R ESOURCES ........................................................................... 41 13.5.1 Objectives ......................................................................................................................... 41 13.5.2 Policies ............................................................................................................................. 41

14.0 PARKS AND NATURAL ENVIRONMENT......................................................... 42

14.1 BACKGROUND ................................................................................................................ 42 14.2 PARKS ............................................................................................................................ 42

14.2.1 Parks Objectives .............................................................................................................. 42 14.2.2 Parks Policies .................................................................................................................. 42

14.3 WATERCOURSE MANAGEMENT ...................................................................................... 44 14.3.1 Watercourse Management Objectives ............................................................................ 44

14.3.2 Watercourse Management Policies ................................................................................ 44 14.4 W ILDLIFE HABITAT ....................................................................................................... 45

14.4.1 Wildlife Habitat Objectives ............................................................................................. 46 14.4.2 Wildlife Habitat Policies ................................................................................................. 46

15.0 HAZARD LANDS ............................................................................................... 49

15.1 BACKGROUND ................................................................................................................ 49 15.2 OBJECTIVES ................................................................................................................... 49

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008

15.3 POLICIES ........................................................................................................................ 49

16.0 TRANSPORTATION .......................................................................................... 53

16.1 BACKGROUND ................................................................................................................ 53 16.2 OBJECTIVES ................................................................................................................... 53 16.3 POLICIES ........................................................................................................................ 53

17.0 SERVICING ........................................................................................................ 56

17.1 BACKGROUND ................................................................................................................ 56 17.2 WATER SUPPLY & DISTRIBUTION .................................................................................. 56

17.2.1 Water Supply & Distribution Objectives ........................................................................ 56 17.2.2 Water Supply & Distribution Policies ............................................................................ 56

17.3 SEWAGE D ISPOSAL ........................................................................................................ 56 17.3.1 Sewage Disposal Objectives ........................................................................................... 57 17.3.2 Sewage Disposal Policies ................................................................................................ 57

17.4 DRAINAGE ..................................................................................................................... 57 17.4.1 Drainage Objectives ........................................................................................................ 57 17.4.2 Drainage Policies ............................................................................................................ 58

17.5 SOLID WASTE MANAGEMENT ........................................................................................ 58 17.5.1 Solid Waste Management Objectives ............................................................................. 58 17.5.2 Solid Waste Management Policies .................................................................................. 58

17.6 OTHER UTILITIES ........................................................................................................... 59 17.6.1 Other Utilities Objectives ................................................................................................ 59 17.6.2 Other Utilities Policies .................................................................................................... 59

18.0 TEMPORARY USE PERMITS ........................................................................... 61

18.1 BACKGROUND ................................................................................................................ 61 18.2 OBJECTIVE ..................................................................................................................... 61

18.3 POLICIES ........................................................................................................................ 61 19.0 DEVELOPMENT PERMIT AREAS .................................................................... 64

19.1 BACKGROUND ................................................................................................................ 64 19.2 E NVIRONMENTALLY SENSITIVE DEVELOPMENT PERMIT (ESDP) AREA ........................ 64

19.2.1 Category ........................................................................................................................... 64 19.2.2 Area .................................................................................................................................. 64 19.2.3 Justification ...................................................................................................................... 64 19.2.4 Determining whether development falls within the ESDP Area ................................... 65 19.2.5 Guidelines ........................................................................................................................ 65 19.2.6 Bonding and Environmental Monitors ........................................................................... 66

19.2.7 Exemptions ....................................................................................................................... 67 19.3 WATERCOURSE DEVELOPMENT PERMIT (WDP) AREA ................................................. 70

19.3.1 Category ........................................................................................................................... 70 19.3.2 Watercourse Development Permit Area ......................................................................... 70 19.3.3 Justification ...................................................................................................................... 70 19.3.4 Guidelines ........................................................................................................................ 70 19.3.5 Security and Environmental Monitors ............................................................................ 71 19.3.6 Exemptions ....................................................................................................................... 71

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008

19.3.7 Variances to Protect the SPEA ....................................................................................... 72 19.3.8 Expedited Development Permit....................................................................................... 72

20.0 GREEN HOUSE GAS REDUCTION ................................................................. 75

20.1 BACKGROUND ................................................................................................................ 75 20.2 OBJECTIVES ................................................................................................................... 75 20.3 POLICIES ........................................................................................................................ 75

21.0 FUTURE LAND USE PLAN DESIGNATIONS .................................................. 77

21.1 BACKGROUND ................................................................................................................ 77 21.1.1 Resource Area .................................................................................................................. 77 21.1.2 Agriculture ....................................................................................................................... 77 21.1.3 Large Holdings ................................................................................................................ 78 21.1.4 Small Holdings ................................................................................................................. 78 21.1.5 Residential – Low Density ............................................................................................... 78 21.1.6 Residential – Medium Density ........................................................................................ 78 21.1.7 Mixed Use Apex Alpine ................................................................................................... 78 21.1.8 Commercial ...................................................................................................................... 78 21.1.9 Administrative, Cultural and Institutional ...................................................................... 79 21.1.10 Parks and Recreation ...................................................................................................... 79

22.0 IMPLEMENTATION ........................................................................................... 84

22.1 I NTRODUCTION .............................................................................................................. 84 22.2 R EFINEMENTS ................................................................................................................ 84 22.3 ZONING BYLAW ............................................................................................................. 84 22.4 SERVICING BYLAW ........................................................................................................ 85 22.5 OTHER AGENCIES .......................................................................................................... 85 22.6 MONITORING ................................................................................................................. 85

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008

LIST OF SCHEDULES, MAPS, AND FIGURES i

Schedule ‘A’ Kaleden-Apex Southwest Sector OCP Text

Map 1 General Context Map

Map 2 Agricultural Land Reserve Context

Map 3 Kaleden Area Agricultural Land Reserve

Map 4 Resource Extraction Potential

Map 5 White Lake Observatory Line-of-Sight

Map 6 Watercourses

Map 7 Critical Habitat Areas

Map 8 Fire Protection Areas

Map 9 Hazard Lands

Map 10 Existing and Proposed Major Road Network

Map 11 Water Districts

Map 12 Environmentally Sensitive Development Permit Areas

Map 13 Kaleden Area Environmentally Sensitive DevelopmentPermit Areas

Map 14 Kaleden-Apex Southwest Sector Future LandUse Plan

Map 15 Kaleden Area Future Land Use Plan

Map 16 Apex and Farleigh Lake Areas Future Land UsePlan

Map 17 Twin Lakes and Prather Lake Areas Future LandUse Plan

Figure 1 Cluster Development Example

Schedule ‘B’ Kaleden-Apex Southwest Sector OCP Map

Schedule ‘C’ Watercourse Development Permit Area

Note : Schedule ‘B’ and ‘C’ can be viewed either on the RDOS website atwww.rdos.bc.ca , or by request in hard copy at the RDOS office. ii

i Amendment Bylaw No. 2570, 2012 – adopted January 24, 2013ii Amendment bylaw No. 2570, 2012 – adopted January 24, 2013

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008

Acronyms used in this document

Agricultural Land Reserve ALR

Agricultural Land Commission ALC

Environmental Impact Assessment EIA

Environmentally Sensitive Area ESA

Environmentally Sensitive Development Permit ESDP

Official Community Plan OCP

Okanagan Shuswap Land & Resource Management Plan OSLRMP

Regional District Okanagan-Similkameen RDOS

Watercourse Development Permit WDP

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 1

Regional District Okanagan-SimilkameenKaleden-Apex Southwest Sector

Official Community Plan Bylaw No. 2456, 2008

A Bylaw to guide land use decisions within Electoral Area ‘D’ pursuant to Part 26 of theLocal Government Act of British Columbia, R.S.B.C. 1996 . iii

WHEREAS the Regional District Okanagan-Similkameen wishes to adopt an OfficialCommunity Plan pursuant to Part 26 of the Local Government Act ;

AND WHEREAS the Regional Board may adopt an Official Community Plan by bylawand each reading of the bylaw must receive an affirmative vote of a majority of alldirectors of the Regional Board who are entitled to vote on that bylaw;

AND WHEREAS after first reading of the bylaw the Regional Board shall, in sequence,examine the Official Community Plan in conjunction with its most recent capitalexpenditure program, the waste management plan, wastewater management plan, andeconomic strategy plan that is applicable in the RDOS to ensure consistency betweenthem, in accordance with the Local Government Act ;

AND WHEREAS if the Official Community Plan applies to land in an Agricultural LandReserve established under Provincial Acts and Statutes, the Regional Board shall referthe Official Community Plan to the Province for comment;

AND WHEREAS the Regional Board has provided one or more opportunities forconsultation with persons, organizations and authorities it considers affected in thedevelopment of the Official Community Plan in accordance with Section 879 of theLocal Government Act ;

AND WHEREAS the Regional Board of the RDOS has complied with all requirements ofthe Local Government Act , prior to adoption of this bylaw and Official Community Planincluding all of the foregoing;

AND WHEREAS upon adoption of this bylaw, the Plan is an Official Community Plan ofthe RDOS;NOW THEREFORE the Regional Board of the RDOS, in open meeting assembled,enacts as follows:The Kaleden-Apex Southwest Sector Official Community Plan attached hereto asSchedules ‘A’, ‘B’ and ‘C’ and forming part of this bylaw is adopted as the RegionalDistric t Okanagan-Similkameen, Kaleden-Apex Southwest Sector Official CommunityPlan. iv

The bylaw shall apply only to that portion of the RDOS shown outlined on the attachedSchedule ‘B’ Official Community Plan Maps forming part of this bylaw.If any statement, section, sub-section, clause, sub-clause or phrase of this bylaw andthe Official Community Plan adopted by this bylaw is for any reason held to be invalid

iii Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011iv Amendment Bylaw No. 2570, 2012 – adopted January 24, 2013.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 2

by a decision of a court of competent jurisdiction, the decision shall not affect the validityof the remaining portions of this bylaw and Official Community Plan.This bylaw may be cited for all purposes as the ‘Kaleden-Apex Southwest SectorOfficial Community Plan Bylaw No. 2456, 2008.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 3

Transition

Electoral Area ‘D’ Kaleden-Apex Southwest Sector Official Community Plan Bylaw No.1882, 1999, is repealed.

READ A FIRST TIME on the 17 th day of July, 2008.

READ A SECOND TIME on the 17 th day of July, 2008.

SECOND READING RESCINDED on the 21 st day of August, 2008.

RE-READ A SECOND TIME on the 21 st day of August, 2008.

PUBLIC HEARING held on the 2 nd day of October, 2008.

READ A THIRD TIME as amended on the 2nd day of October, 2008.

Approved by the Minister of Community Development this 28 th day of October, 2008.

ADOPTED this 6 th day of November, 2008.

Chair General Manager of AdministrationServices

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 4

SCHEDULE ‘A’

Regional District Okanagan-Similkameen

Kaleden-Apex Southwest Section

Official Community Plan Bylaw No. 2456, 2008

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 5

1.0 INTERPRETATION AND ADMINISTRATION

The provisions of this Plan apply to all lands and surface of water within theElectoral Area ‘D’ identified on Schedule ‘B’ of this bylaw, and Map 1, GeneralContext Map.

1.1 Purpose

The Kaleden-Apex Southwest Sector Official Community Plan is intended toensure that decisions of the use and development of property within that part ofthe Electoral Area D shown on Schedule ‘B’, are made with regard to landcapabilities and constraints, growth trends, the interrelationship of land uses, andthe aspirations of the people, for the benefit of the whole community. Further,the Plan is intended to:

.1 form the basis for regulatory land use bylaws, capital expendituresprogramming, and waste management;

.2 to provide guidance and information for private and public organizations andindividuals.

1.2 Interpretation

An Official Community Plan means a community plan as referred to in the LocalGovernment Act , and as adopted by the Regional Board of the Regional DistrictOkanagan-Similkameen (hereafter referred to as the Regional Board), inaccordance with the requirements of the Local Government Act .

1.3 Administration.1 This OCP comes into effect as of the date of formal adoption by the Regional

Board.

.2 The Zoning Bylaw will be the primary tool to regulate development, not theOfficial Community Plan. All rezoning proposals must be consistent with theintent of this Official Community Plan that serves as a policy foundation forthe Zoning Bylaw.

.3 This Plan will be reviewed on a yearly basis and, in order that the documentcontinues to accurately reflect the long-range planning objectives of theKaleden-Apex Southwest Sector area, the Plan will undergo acomprehensive review every five to ten years.

.4 The OCP can only encourage senior levels of government to take action; itcannot force or require senior governments to act. Furthermore, althoughthe OCP cannot commit the Regional Board to specific expenditures, theRegional Board cannot enact bylaws or undertake works that are contrary toit without amending the Plan.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 6

2.0 WHAT IS AN OFFICIAL COMMUNITY PLAN?

2.1 Background v

An Official Community Plan (OCP) is the vision the community has for its future.It contains goals and policies that will shape future land use in a way that reflectsthe community vision. These goals and policies form a framework used by theRegional Board, Regional District staff, other agencies and the community toguide their decisions about future land use. The communities found within theKaleden-Apex Southwest Sector will change and grow based upon the contentsof the OCP.

While the Kaleden-Apex Southwest Sector Official Community Plan (OCP) does notcommit or authorize the Regional District Board to proceed with a project specified inthe plan, any subsequent bylaws passed by the Regional District must be consistentwith the plan, or move towards compliance with the plan.

The Kaleden-Apex Southwest Sector OCP planning process has provided guidanceand direction to the Regional District Board on identified issues. This plan willbecome a broad policy document providing specific direction to developmentproposals in the Kaleden-Apex Southwest Sector plan area. The Zoning Bylaw is theregulating document which implements the broad policies in the OCP throughspecific land use regulations and development controls.

2.2 Development Approval Information vi

This Plan Area is a development approval information area, and the Regional Districtmay require development approval information for a Zoning Bylaw Amendmentapplication, Development Permit application, and Temporary Use Permit application.

The objective in designating the Plan Area as a development approvalinformation area is for the Regional District to obtain information from theapplicant for the Regional District to gain a sound understanding of theanticipated impact of the proposed activity or development on the community andto make a well informed decision regarding such applications. Where deemedrelevant, an applicant may be expected to provide information regarding:

.1 The impact of the proposed development with surrounding land uses.

.2 The consideration of public facilities such as schools, park land, publicspaces, and/or amenities.

.3 The impact of the proposed development on groundwater quantity andquality, surface water generated by the proposed development, and theoptions for collection, storage, and dispersal of such drainage.

v Amendment Bylaw No. 2570, 2012 – adopted January 24, 2013vi Amendment Bylaw No. 2570, 2012 – adopted January 24, 2013

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 7

.4 The impact of the proposed development on the natural environment suchas adjacent aquatic areas, vegetation, soils and erosion, geotechnicalcharacteristics, topographical features, ecosystems and biological diversity,fish and wildlife, fish and wildlife habitat, environmentally sensitive features,and rare or endangered plant or animal species.

.5 The ability of the proposed development to provide on-site water and septicdisposal or to connect to community services, if available.

.6 The impact of the proposed development on public infrastructure andcommunity services such as water supply, sewage disposal, fire protectionsystems, and recycling.

.7 The aesthetic values of the proposed development such as visualcharacter, integration with public areas and the natural environment,lighting, noise, and odour.

.8 The impact of proposed development on traffic volumes and roads.

.9 How the proposed development provides buffers for adjoining farming andrural areas to ensure no negative impact is caused by the proposal.

.10 The archaeological impact of a proposed development in areas identified tohave high archaeological potential.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 8

3.0 KALEDEN-APEX SOUTHWEST SECTOR CONTEXT

3.1 Historical Context

The non-aboriginal historical records of the plan area date back to 1821 withestablishment of the Hudson’s Bay Fur Brigade trail. The trail represented a furtrading supply route through the Okanagan Valley north to Kamloops. With theUnited States and Canada boundary settlement in 1847, alternative trails weredeveloped from Kamloops through the Fraser Canyon to Fort Langley. The lastbrigade took the trail in 1847.

Non-aboriginal settlement in the plan area began in the 1890’s. During this periodseveral of the settlements known today were established (e.g. Okanagan Falls). Dueto the absence of a public roadway system connecting the early settlements, thestern wheeler played an important role transporting supplies to residents, andagricultural produces to trail heads at the three Okanagan Valley centres.

The following provides a brief summary of the primary historical settlements in theplan area:

Apex Alpine

Mount Apex was used by local Penticton Scout troops since the late 1940’s for skicamps. The 1 st Penticton Scouts later had a cabin donated on Mount Beaconsfieldas part of a mineral claim settlement between Mr. C. Aikins and the original groupwho established Apex Alpine.

In the late 1950’s a Penticton group initiated steps to establish a permanent ski hill onMount Beaconsfield, and to establish the mountain as a Provincial Park. Afterresolving mineral claims, and road access issues through private ranch land (todayknow as Apex Aspen Ranch), the Apex Alpine Ski Hill officially opened December1961. Since that time the resort has expanded several times to include MountRiordan (1963) and further on Mount Beaconsfield (1969).

Kaleden

Kaleden was the vision of Mr. Jim Ritchie, who began assembling land in the area in1905. By 1908 Mr. Ritchie had assembled some 1,214 hectares (3,000 acres) ofland on the west shores of Skaha Lake. In 1909 a contest was held to choose aname for the development area. Kaleden was chosen. The name was submitted byRev. Walter Russel who combined the Greek word “Kalos” meaning beautiful, withthe name of the Biblical orchard - Eden. His prize was a lot in the new townsite.Mr. Ritchie’s vision for Kaleden included the establishment of an agriculturalcommunity served by a townsite commercial centre. This vision was realized withdevelopment of a concrete irrigation system in 1909, and development of permanentbuildings in the Townsite (Kaleden Post Office 1910 and Kaleden Hotel 1912).

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 9

Kaleden 1912 From left: Tomlin home, Post Office, old store,new store, just finished; hotel at head of wharf

Farleigh Lake/Creek

The Farleigh Lake area is named after William James Farleigh who farmed and bredregistered cats at his Sunnyside Ranch in 1903 to 1908.

White Lake

The White Lake area was first settled in the late 1800’s. White Lake derives its namefrom white alkali which is found around its shoreline. A post office was established inthe White Lake area in 1895.

3.2 Geographic Context

The Kaleden-Apex Southwest Sector Official Community Plan area extends northalong the boundary of Electoral Area ‘F’ and Indian Reserve No. 1; south and westalong the boundary of Electoral Area ‘G’ and ‘C’; and east to Skaha Lake andVaseux Lake.

The plan area is dotted with a number of small settlement areas or communities.The predominant communities are Kaleden, Apex Resort, Farleigh Lake, Twin Lakes

and St. Andrews.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 10

Map 1 – General Context Map

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 11

4.0 OFFICIAL COMMUNITY PLAN MAP DESIGNATIONS

The future use and development of land within the Kaleden-Apex SouthwestSector area must be consistent with the overall pattern of land use depicted on

Schedule ‘B’, and based on the following land use designations:

Rural Designations :

Resource Area

Agriculture

Large Holdings

Small Holdings

RA

AG

LH

SH

Residential Designations :Low Density Residential

Medium Density Residential

Mixed Use Apex Alpine

LR

MR

RMU

Commercial Designation :

Commercial

Commercial Tourist

Industrial Designation :

Industrial

C

CT

I

Community Services and Administrative Designations :

Administrative, Cultural and Institutional

Parks

Conservation Area

Public Corridor

AI

P

CA

PC

The general types of uses encouraged in each land use designation areexplained in subsequent sections of this Bylaw.

The Regional Board recognizes that some existing land uses do not conform tothe designations shown on the Official Community Plan Maps. The intent of the

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 12

Regional Board is not to change the uses of this land in the immediate future butto illustrate the preferred pattern of land use as redevelopment occurs while thisPlan is in force.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 13

5.0 COMMUNITY VISION

This vision for the future of the Kaleden-Apex Southwest Sector Official CommunityPlan area is based upon consultations undertaken in the preparation of Bylaw No.

1882, 1999, and may be described in the following statements:.1 Residents value retaining the rural lifestyle their communities provide. The rural

lifestyle incorporates the defining characteristics of preservation of naturalhabitat areas; outdoor recreation opportunities; a mixture of large ruralresidential lots and the surrounding farm areas; and a small town communityfeel;

.2 Residents feel that the Kaleden-Apex Southwest Sector should be able toaccommodate a full range of housing, so that residents may remain in theircommunity despite changes in lifestyle, life cycle or family size. In describingthis vision residents acknowledged that the rural character and limited

infrastructure/support services may require facilities such as seniors congregatecare homes to be directed to surrounding communities which canaccommodate such facilities;

.3 To retain the rural character for future generations residents feel that naturalfeatures and visually sensitive areas which include the many mountains, lakes,critical habitat areas and streams, need to be preserved;

.4 Residents feel strongly that the Highway 97 corridor, White Lake Road andTwin Lakes Road need to be improved and made safer to address thedemands of traffic from existing and proposed developments;

.5 Residents envision a public transit system linking communities such as Kaleden

with other centres in the region (i.e. Penticton and Okanagan Falls);.6 Residents value the rural lifestyle their smaller communities provide. Residents

desire new development to reflect the existing rural densities and forms ofdevelopment. New housing development should take the form of infill anddevelopment of existing vacant and serviced lands prior to considering otherKaleden-Apex Southwest Sector lands. Future residential subdivisions shouldalso be properly serviced with potable water and sewage disposal, fireprotection and roads. Residents also expressed a desire to see future ruraldevelopments explore alternative servicing methods such as solar power andcommunity package sewage disposal systems/recycled grey water;

.7 Residents envision the Kaleden-Apex Southwest Sector area to remain apredominantly rural area, and that major residential development will bedirected to other areas of the Region where urban services and infrastructureare available;

.8 Residents desire to protect agricultural land from the encroachment of non-agricultural uses. In protecting agricultural land residents also expressed adesire to have the Agricultural Land Commission re-evaluate the agricultural soilcapabilities of lands in Kaleden.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 14

6.0 GROWTH MANAGEMENT

6.1 Context

The tremendous growth through the South Okanagan and Similkameen resulted in aregional population increase from 51,520 in 1979 to 75,933 in 1996.

In perspective, Electoral Area ‘D’, which includes the plan area, grew from 3,422 in1976 to 6,005 in 1996. At that time, forty-eight percent of the Electoral Area ‘D’population was located in the rural area, outside of unincorporated communities suchas Okanagan Falls and Kaleden.

The doubling of the population every twenty years identifies a significant challenge toplan or manage growth for the next twenty years.

The reasons for managing growth in the Kaleden-Apex Southwest Sector include thedesire to:• preserve agricultural land and support farming;• preserve the critical habitat ecosystems unique to the south Okanagan;• preserve the rural character and quality of life;• encourage full utilization of existing infrastructure, public services and facilities;• mitigate the potential impact on the Dominion Radio Astrophysical Observatory

(a.k.a. White Lake Observatory) site; and• minimize the impacts of development on Crown resource areas.

Growth management in the Kaleden-Apex Southwest Sector Plan seeks toredistribute growth and development in ways that achieve the above stated desireswhile not attempting to reduce the actual amount or rate of growth in Electoral Area‘D’.

6.2 Objectives

The Regional District’s growth management objectives are to:

.1 Encourage development to be directed towards existing settlement areas andthose areas with recognized development rights; and

.2 Utilize a wide range of growth management techniques to direct growth towhere it will have the most positive and least negative impact on the plan area

and environment.

6.3 Policies

The Regional District will:

.1 Encourage the containment of rural sprawl by defining the limits of rural (e.g.rural residential and small holdings) development areas;

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 15

.2 Strive towards improving existing utility services where required, and requiringnew development to provide community services in settlement areas pursuantto the Regional District’s servicing bylaw.

.3 Generally manage and direct new urban residential growth to those urbancommunities in Electoral Area ‘D’ which presently have the communityinfrastructure, community services, and economic employment opportunities tosustain higher densities and residential growth;

.4 Encourage the development of existing vacant lots and those lands withdevelopment approval prior to redesignating or rezoning new areas forresidential use;

.5 Direct development away from hazard lands, critical habitat areas,watercourses and the Dominion Radio Astrophysical Observatory; and

.6 Direct development away from agricultural areas.

.7 Direct that all ne w parcels of 1 hectare or less in size connect to a community

sewer system. vii

vii Amendment Bylaw No. 1882.09, 2008 adopted May 7, 2009

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 16

7.0 RESOURCE AREA

7.1 Background

The natural landscape forms a significant backdrop to the character of the plan area.Resource areas reinforce the rural character. Resource areas may be described aslarge parcels of land, primarily 20 ha or greater, comprising both private and/orCrown land. Typical uses of these lands include the Okanagan Provincial Forestlands, grazing or range lands, wildlife habitat areas, open land, recreation,watersheds, and resource extraction areas.

This Official Community Plan recognizes that much of the lands designated asResource Area in the plan area are within the Okanagan Provincial Forest -Thompson Plateau. During the public consultation process residents expressedconcerns regarding competing interest on resource lands. Issues include thepotential of large-scale tree removal and its many impacts, from soil erosion to visual

impact; resource extraction impacts on natural features such as Grey LedgeMountain, Mt. McLellan, Mt. Hawthorne, and Dividend Mountain (please refer to Map4 - Resource Extraction Potential); various competing extraction and recreationaluses; and large ranch operations affected by competing adjacent country residentialuses.

Much of the Crown land in the plan area is influenced by the Okanagan-ShuswapLand Resource Management Plan (LRMP) process. The Regional District continuesto be a participant in the process and has interests which include: LRMP coordinationand consistency with Regional District OCP’s such as the Kaleden-Apex SouthwestSector Official Community Plan; land use compatibility; protection of critical habitat,visual quality and land forms; water quality and quantity; and parks, open space andrecreational access.

7.2 Objectives

The Regional District’s objectives are to:

.1 Minimize conflicts between land uses on lands designated Resource Area andadjacent land uses;

.2 Maintain the rural character of resource areas; and

.3 Support conservation policies.

7.3 Policies

The Regional District will:

.1 Continue to support a 20 ha minimum parcel size for existing privately heldResource Area parcels in recognition that these areas will remain as rural withinthe regional context of the Official Community Plan, with limited communityservices and infrastructure;

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 17

.2 Encourage new subdivisions which abut agricultural land or range lands, toprovide perimeter fencing of the subdivision notwithstanding that provincial

jurisdictions having authority may require this provision;

.3 Continue to participate in the Okanagan-Shuswap Land and ResourceManagement Plan process as a means to ensure that local governmentconcerns are addressed with respect to the management of natural resourcesin the Kaleden-Apex Southwest Sector plan area;

.4 Encourage the Province to apply visual quality assessment guidelines to thoseareas of the Okanagan Provincial Forest which are visible from majortransportation routes and existing communities in the Kaleden-Apex SouthwestSector Plan area;

.5 Consider implementing a tree cutting bylaw on non-ALR lands to encourage theretention of tree cover on privately held land in order to minimize visual impacts,erosion, landslides, and sedimentation in stream course areas;

.6 Continue to recognize that Crown lands sustain agricultural use such asgrazing, and support activities that improve range and forage conditions; and

.7 Support policies related to the protection of wildlife habitat and where theRegional District has jurisdictional authority, require the preparation of an impactassessment consistent with the requirements of the Province.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 18

8.0 AGRICULTURE

8.1 Background

All lands within the Agricultural Land Reserve (ALR) are designated in the OfficialCommunity Plan as “Agriculture”. Maps 2 and 3 (ALR Context and Kaleden Area

ALR) illustrate those which are presently in the ALR. Under the zoning bylaw,agricultural operations generally fall into two categories: the first category generallyapplies to tree fruit, grape or vegetable production and the second generally appliesto range or grazing lands.

Provincial legislation provides the Regional District with legislation to implement theProvince’s Right to Farm concept. The Province has prepared a Guide for BylawDevelopment in Farming Areas to provide standards that may be incorporated intozoning bylaws or to create separate farm bylaws. The objective of the OCP is tosupport those lands in the ALR used for agricultural purposes and to retain the ruralcharacter of the area. The objective of the OCP is also to examine ALR lands whichare limited in agricultural capability and which should perhaps be recommended forexclusion from the ALR. The OCP identifies those lands which the Regional Boardand/or the Provincial Agricultural Land Commission may consider for exclusion fromthe ALR.

8.2 Objectives

The Regional District’s agriculture objectives are to:

.1 Protect and maintain the economic viability of the agricultural sector of thecommunity and encourage its improvement and expansion;

.2 Improve the compatibility between non-agricultural uses and agricultural usesthrough better buffering and screening techniques;

.3 Support the removal from the ALR of any lands identified by the AgriculturalLand Commission as not part of the long term agricultural strategy where theland owner is in agreement; and

.4 Preserve existing agricultural parcels in the Kaleden-Apex Southwest SectorOfficial Community Plan.

8.3 PoliciesThe Regional District will:

.1 Designate all lands within the ALR as “Agriculture”, excepting those landsapproved for non-farm use by the Agricultural Land Commission;

.2 Apply the following additional requirements to use on land that is designated as Agricultural Land Reserve pursuant to the Agricultural Land Commission Act :

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 19

a) second dwelling applications within the Agricultural Land Reserve will bereviewed according to their affect on agriculture;

.3 Encourage new subdivisions which abut land designated as agriculture or usedfor grazing land, to provide perimeter fencing of the subdivision;

.4 Evaluate new developments in respect to their implications and impacts on theagricultural uses in the area;

.5 Ensure new non-agricultural developments provide and maintain distinct bufferswhich conform to the buffer design guidelines of the Agricultural LandCommission set out in the document “ALR & Community PlanningGuidelines”;

.6 In addition to the Landscaped Buffer Specifications , also incorporate whereappropriate, naturally occurring buffers such as roads, topographic features,watercourses, fencing, and transitional land uses such as small holdingsparcels;

.7 Encourage provincial and utility agencies to minimize the impact of new roadsand utility corridors through agricultural land by utilizing only those landsnecessary, and by maximizing the capacity of existing corridors and roads;

.8 Support the agricultural industry by considering the establishment of economicstrategies that promote the industry, and identify new farm markets;

.9 Support the agricultural and rural economy by encouraging secondary “valueadded” uses such as agri-tourism, and secondary processing of productsproduced on site through home occupations;

.10 Encourage the consolidation of legal parcels which form part of the same farmunit where the consolidation permits a more efficient use of agricultural land;

.11 Support intensive agricultural operations as defined by the Province;

.12 Support measures by the Province to reduce conflicts through education, aimedat helping urban residents better understand the requirements of farmoperations, and helping farm operations use different methods that may createfewer conflicts;

.13 Where investigation and study warrants, consider applications to the Agricultural Land Commission for public use requirements such as parkland,sports fields, recreation facilities, or other community facilities and public utilities,provided that these uses do not result in conflicts between farm and non-farmuses;

.14 Recognize that parcel sizes within the Agriculture designation may varydepending on respective zoning, and the decisions of the Agricultural LandCommission, but generally shall not be smaller than 4 ha; and

.15 Consider supporting applications to subdivide parcels smaller than 4 ha withinthe Agricultural Land Reserve, subject to approval of the Agricultural LandCommission, in the following cases:

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 20

a) for a homesite severance un der the Agricultural Land Commission’shomesite severance policy. viii

b) where the subdivision or boundary adjustment enhances agriculturalviability.

Note: In these cases, the individual parcel sizes within the Agriculture designationare subject to approval by the Agricultural Land Commission, and must meetminimum parcel size required to satisfy the relevant Provincial regulations for septicdisposal fields. The Agricultural Land Commission will not always supportapplications for these forms of subdivision.

viii Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 21

AGRICULTURAL LAND RESERVECONTEXT MAP

MAP 2

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 22

AGRICULUTRAL LAND RESERVE MAPKALEDEN AREA

MAP 3

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 23

9.0 RURAL HOLDINGS

9.1 Background

Within the plan area Rural Holdings are generally grouped into two categories, LargeHoldings and Small Holdings. Large Holdings have a minimum parcel of size of 4hectares. The second type of category is Small Holdings which have parcels of 0.8hectares to 2 hectares in size. Large and Small Holdings are generally used for ruralresidential, acreages, hobby farms, limited agriculture, limited resource management,and home industries.

9.2 Objectives

The Regional Board’s objectives are to:

.1 Reduce potential conflicts between residential developments and agricultural

operations on rural holdings;.2 Reduce the potential of wildfire hazard in rural holdings subdivisions; and.3 Preserve the existing character of rural holdings areas.

9.3 Policies

The Regional District will:

.1 Ensure that Large Holdings designations remain as large parcels of land, withdensities of approximately one dwelling unit per four hectares;

.2 Establish a range of densities and parcel sizes for the existing Small Holding

developments in the plan area;.3 Not encourage further expansion of rural holdings in the Farleigh Lake area

within the time frame of this plan in consideration of physical and servicinglimitations of the remaining lands;

.4 Not support further subdivision of rural holdings within 61.0 metres of the line-of-sight, and 2.5 kilometres direct distance, of the Dominion Radio AstrophysicalObservatory in consideration of the potential electromagnetic interferenceimpacts on the Observatory;

.5 Assess proposed Large Holdings, and Small Holdings developments inaccordance with the following criteria:

a) capability of accommodating on-site domestic water and sewage disposal,or availability of community water or sewer;

b) proximity to critical habitat areas;

c) impact on adjacent land use designations, and the character of the existingarea;

d) proximity to existing roads and other community and essential services;

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 24

e) susceptibility to natural hazards including but not limited to, flooding, soilinstability, rock fall or moderate or higher forest fire risk;

f) an environmental impact assessment including wildlife habitat where landscontain lakes, marsh lands, and other watercourses; and

g) a visual impact assessment where development is proposed on hillsidesand other visually sensitive areas.

.6 Recognize that where the Province indicates that a subdivision may be subjectto a moderate or higher fire risk, the Provincial Approving Officer may requirethe developer to undertake a fire hazard risk assessment and mitigationstrategy at the time of submitting a subdivision application. The RegionalDistrict may require the same assessment during the rezoning or developmentpermit process. The mitigation strategy will include Provincially approvedbuilding material guidelines, and interfacing fire protection standards, registeredas a building covenant under the Land Title Act;

.7 In rural holdings areas, encourage utility companies and Provincial agencies tolocate and develop utility corridors and roads in a way that will not have anegative impact on existing Class 1 critical habitat areas;

.8 Encourage new subdivisions which abut agricultural land or livestock grazingland, to provide perimeter fencing of the subdivision, notwithstanding, thatProvincial jurisdictions having authority may require this provision;

.9 Evaluate new rural holdings developments against the implications and impactson the agricultural uses in the area;

.10 Encourage the clustering of housing on smaller portions of the overall parcel sothe remainder of the property can be preserved as open space for conservation

or amenity space. Figure 1 below illustrates density averaging. The overalldensity of the proposed cluster development would be equivalent to aconventional development. The Regional Board supports density averagingprovided that:

a) the total area of the land to be subdivided, divided by the number of lots tobe created is not greater than the equivalent conventional developmentdensity permitted under the Zoning Bylaw;

b) the parcel configurations and sizes are adequate to accommodate buildingsand structures appropriate to the intended use and in compliance with theZoning Bylaw; and

c) the development conforms to the minimum servicing requirementscontained in the Regional District’s Servicing Bylaw.

.11 Require that, where a subdivision is created by means of density averaging, azoning that restricts further development and subdivision shall be appliedagainst the undeveloped part of the parcel(s). Where a development phasingplan to both the Regional District and the Provincial Approving Officer outliningthe sequence and continuity of future phases; and

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 25

.12 Encourage home industry operations in Large Holdings and home occupationsin all rural holdings designations. To achieve this policy the Regional Board willestablish regulations in the Zoning Bylaw which require that developments mustnot detract from the rural character of the area, yet allow for reasonable,compatible, and value-added ancillary home industry and home occupation

uses.

FIGURE 1

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 26

10.0 RESIDENTIAL

10.1 Background

Residential development in the Kaleden-Apex Southwest Sector has occurred infour primary locations: Kaleden, St. Andrews, Twin Lakes and Apex Resort. Thepredominant low density housing form in these settlement areas is singledetached dwellings on lots. Other forms of low density residential housing includesemi-detached, and manufactured homes (a.k.a. mobile homes). The range of lotsizes for low density residential housing is from 505 m 2 in the smallest zone to2,020 m 2 in large lot zones, subject to servicing requirements. The maximumdensity in the Low Density Residential designation is 20 dwelling units per grosshectare, subject to servicing requirements. The exception to the above isManufactured Home Parks with a maxi mum density of 25 units per grosshectare, subject to servicing requirements. ix

The plan area contains a limited amount of medium density residential housinglocated in the Apex Resort area. The Future Land Use Plan illustrates this areaas Mixed Use Apex Alpine. The form of housing found in this designation isbuildings containing a mixture of ground floor commercial with residential on theupper levels, single family dwellings, duplexes and multi unit residential buildingssuch as apartments and townhouses. The maximum density for apartments is 55dwelling units per ha, subject to servicing requirements, and 25 dwelling units perha for townhouses, subject to servicing requirements.

The Twin Lakes Golf Resort also contains lands which are designated MediumDensity Residential, but which are not yet developed beyond a golf course. Themaximum density in the Medium Density Residential designation is 25 dwellingunits per gross hectare for townhouse (a.k.a. rowhouse) dwellings, subject toservicing requirements, and 55 dwelling units per gross hectare for apartmentdwellings, subject to servicing requirements.

The plan area also has a number of Land Use Contracts which provide a rangeof housing types and densities. The Land Use Contracts include suchdevelopments as St. Andrews By The Lake, Trout Lake, and Twin Lakes. Themajority of these Land Use Contracts may be described as developmentsclustered along or around amenity features such as lakes and/or golf courses.Land Use Contracts cannot be amended or changed unless agreed to by boththe Regional District and development owners. Any amendments or changes are

also subject to a public hearing process. Land Use Contracts supersede officialcommunity plans and zoning bylaws, however underlying future land usedesignations and zones are provided should the Land Use Contract be some dayremoved through mutual consent.

Provincial legislation requires this Official Community Plan to include policies onaffordable, rental and special needs housing. This plan states policies on

ix Amendment Bylaw No. 1882.09, 2008 adopted May 7, 2009

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affordable, rental and special needs housing recognizing the rural context of theplan area, and the limited infrastructure to support such land uses.

10.2 Objectives

The Regional District’s objectives are to:

.1 Manage residential growth in a way that protects the existing rural character,minimizes impacts on the natural environment and the Observatory, whileaccommodating a range of housing options to meet the socio-economic needsof the community;

.2 Reduce the potential of wildfire hazard in new residential areas;

.3 Reduce potential agricultural and residential conflicts; and

.4 Direct new development away from critical habitat areas and hazard lands.

10.3 Policies

The Regional District will:

.1 Encourage new housing on existing vacant lots, or previously approvedresidential subdivisions, prior to considering more residential development onnon-residential designations;

.2 Provide for a range of residential densities and parcel sizes for the existingresidential and resort communities in the plan area;

.3 Review the need to provide housing for a range of income levels, lifestyles and

ages in our existing communities using such housing forms as: secondarysuites, and manufactured homes;

.4 Encourage Housing Agreements as a method to achieve affordable, social andseniors housing into existing communities and in new developments;

.5 Consider using new zones to encourage the provision of affordable housing;

.6 Review the Zoning Bylaw to consider allowing higher densities (densitybonusing) in return for the developer providing affordable, rental or specialneeds housing;

.7 Consider affordable, rental or special needs housing when reviewing options forusing land held by the Regional District, or land acquired by the RegionalDistrict in the future;

.8 Consider overall revisions to the Zoning Bylaw to permit secondary suites inLow Density Residential and Small Holdings designations as a method ofencouraging affordable and rental housing in the plan area;

.9 Recognize that manufactured homes provide an important source of affordablehousing;

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.10 Encourage clustering housing on smaller portions of the overall parcel so theremainder of the site can be preserved in a natural state for conservation orrecreation/amenity space. The net density of the cluster development will beequivalent to conventional development, or in some cases provide a bonusdensity to preserve substantially more of the site as open space for

conservation or amenity space.The Regional District Board supports density averaging provided that:

a) the total area of the land to be subdivided, divided by the number of lots tobe created is not greater than the equivalent conventional developmentdensity permitted under the Zoning Bylaw;

b) the parcel configurations and sizes are adequate to accommodate buildingsand structures appropriate to the intended use and in compliance with theZoning Bylaw ; and

c) the development conforms to the minimum servicing requirementscontained in the Regional District’s servicing bylaw.

.11 Where a subdivision is created by means of density averaging, a zoning thatrestricts further development and subdivision shall be applied against theundeveloped part of the parcel(s). Where a development contains more thanone phase, the developer will be required to submit a phasing plan to both theRegional District and the Provincial Approving Officer outlining the sequenceand continuity of future phases.

.12 Assess proposed residential developments on the following developmentcriteria:

a) capability of accommodating on-site domestic water and sewage disposal,

or the availability of community water or sewer;b) ability of community water or sewer systems to be extended to existing

neighbouring subdivisions which are presently un-serviced;

c) proximity to critical habitat areas;

d) impact on adjacent land uses and character of the existing area;

e) proximity to existing roads and other community and essential services;

f) susceptibility to natural hazards including, but not limited to, flooding, soilinstability, land slide, rockfall, moderate or higher forest fire;

g) demonstration of housing need, and provision for a variety of housing types;

h) timing and staging of development;

i) an environmental impact assessment where the parcel containswatercourses or in a critical habitat area; and

j) a visual quality assessment where development is proposed on hillsidesand other visually sensitive areas.

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The Regional Board may, by resolution, require that the development criteria becompleted in the form of a Concept Development Plan;

.13 May request that the Regional Subdivision Approving Authority require thatany developer undertake a fire hazard risk assessment and mitigation strategywhere the Province indicates that a subdivision may be subject to a moderateor higher fire risk. The assessment and mitigation strategy should include useof materials approved under the Province’s building material guidelines andinterfacing fire protection standards, registered as a building covenant under theLand Title Act. The same assessment may be required by the Regional Districtas part of the rezoning or development permit process;

.14 In consideration of the potential electromagnetic interference impacts on theDominion Radio Astrophysical Observatory facility, not support furthersubdivision of residential parcels directly within the line-of-sight of existingtelescopes or potentially within the lines-of-sight of any future telescopes; within61.0 metres of such lines-of sight; or within 2.5 kilometres of the Observatory;

.15 Evaluate any new residential development on its implications and impacts onadjacent lands designated as Agriculture. Where the development abutsCrown land or grazing land, perimeter fencing of the subdivision will berequired, notwithstanding, that Provincial jurisdiction having authority mayrequire this provision. If the residential development occurs next to land in the

Agriculture designation, a buffer on the developed land will be required pursuantto the Agricultural Land Commission’s Landscaped Buffer Specifications ;

.16 Encourage home occupations in the Kaleden-Apex Southwest Sector area aspart of its Regional economic development strategy. To achieve this policy theRegional District will review and revise the home occupation regulations as partof the Zoning Bylaw. Provision should be made to provide flexibility and arange of home occupations which do not detract from the residential or ruralcharacter of the area.

10.4 Vacation Rental Policies x .1 Supports the provision of paid accommodation for visitors through the short-

term rental of residences provided that community and neighbourhoodresidential needs and other land use needs can be addressed.

.2 Supports the use of a residence for short-term vacation rental wherepermitted by a Temporary Use Permit or rezoning. The Regional Boardmay use the following criteria to assess applications;

a) capability of accommodating on-site domestic water and sewagedisposal;

b) mitigating measures such as screening and fencing;

c) provision of adequate off-street parking;

x Amendment Bylaw No. 2595, 2013 – adopted March 20, 2014

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d) confirmation that the structure proposed for use as a vacation rentalmeets a minimum standard for health and safety; and

e) benefits that such accommodation may provide to the community.

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11.0 COMMERCIAL

11.1 Background

Commercial development is currently limited to: existing highway commercial sitesalong Highway 97 at Kaleden; neighbourhood or local commercial sites in Kaledenand Twin Lakes; tourist commercial facilities in Kaleden; mixed commercial andresidential development at the Apex Mountain Resort; and a rural resort area onGreen Mountain Road.

The plan also recognizes that the majority of commercial development will bedirected to settlement areas such as Okanagan Falls and municipalities such asPenticton, which are better able to function as regional service centres.

11.2 Objectives

The Regional Board’s objectives are to:

.1 Maintain the current level of local commercial sites to serve the existingcommunities and tourists, and expand services as future growth may dictate;

.2 Support a strategy of directing major commercial development to largercommunities; and

.3 Support recreation and resort commercial opportunities.

11.3 Policies

The Regional District will:

.1 Limit local commercial uses to those existing zoned areas, or to areas wherethey may be developed in conjunction with resort or future residentialdevelopments or to those areas designated as local commercial on the land usemaps;

.2 Limit highway commercial development along Highways 97 and 3A to thoseexisting, zoned accordingly, or designated as highway commercial on the landuse maps;

.3 Encourage open space recreation and resort commercial opportunities such asguest ranches, trail rides, campgrounds, and/or wilderness guide in areas

designated as resource areas or large holdings on the land use maps providingthey do not have a detrimental impact on the critical habitat areas or abuttingland uses;

.4 Direct major office, service and general business commercial uses to urbancommunities which have the necessary infrastructure and support services;

.5 Evaluate proposed tourist and resort development based on the followingcriteria:

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a) capability of accommodating on-site domestic water and sewage disposal,or the availability of community water or sewer;

b) impact on adjacent land uses and the character of the existing area;

c) impact on existing roads;

d) availability of essential services (i.e. fire protection);e) susceptibility to natural hazards including but not limited to, flooding, soil

instability, rock fall or moderate to high forest fire;

f) environmental impact assessment including wildlife habitat where the landparcel contains lakes, marsh lands, and watercourses or identified criticalhabitat; and

g) visual quality assessment where the resort or tourist commercialdevelopment is proposed on hillsides and other visually sensitive areas.

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12.0 INDUSTRIAL

12.1 Industrial

The principal industrial activities in a rural planning area are generally limited toresource extraction and processing; rural home based industries and industrialbusinesses within rural communities or settlements.

Identified issues include: identifying proposed long-term gravel extraction andprocessing sites; and identifying provisions for home industry business in ruralareas.

12.1.1 Industrial Objectives

The Regional District’s objectives are to:

.1 Provide home industry business opportunities in rural areas; and

.2 Designate areas capable of long-term aggregate processing as industrial.

12.1.2 Industrial Policies

The Regional District will:

.1 Encourage and promote the establishment of home based industries in theLarge Holdings, Resource Area, and Agriculture designations of the plan;

.2 Consider establishing a new industrial zone to address all large scaleaggregate processing sites, on non-ALR lands as a method of regulating

potential impacts such as noise, dust, and setbacks to residential areas; and.3 Within the regional context, direct major industrial uses to identified urban

communities where community services and community utility infrastructure isavailable.

12.2 Aggregate and Mineral Resources

Mineral resource extraction is controlled by the Province, and is establishedthrough legislation, which also limits the authority of the Regional District. TheKaleden-Apex Southwest Sector OCP is required under Provincial legislation, toidentify the approximate location and area of sand and gravel deposits that may besuitable for future sand and gravel extraction.

It is recognised that the Province seeks to minimise the loss of mineral resourcesthrough land alienation in order to ensure the supply of affordable sand and gravel,and the objective and policy statements in this section provide direction to addressthe conflicts that arise where large scale removal and processing of the resourceoccurs in proximity to existing communities.

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12.2.1 Aggregate and Mineral Resources Objectives

.1 Protect lands with aggregate or mineral resources from development whichmay render those lands unviable or inaccessible;

.2 Minimize conflicts between resource extraction activities and adjacent landsuse; and

.3 Require rehabilitation and reclamation of resource extraction sites.

12.2.2 Aggregate and Mineral Resources Policies

The Regional District will:

.1 Encourage the Province to continue referrals of mineral exploration proposalsto the Regional District for comments. Areas having mineral or aggregate

resources are identified on Map 4 (Resource Extraction Potential). TheProvince is encouraged to have due consideration for the impact of resourceextraction activities on existing residential developments, particularly:

a) noise;

b) dust;

c) traffic; and

d) groundwater resources;

.2 Encourage the Province to require all resource mineral or aggregateextraction sites to be reclaimed, once the mineral or aggregate has been

extracted, consistent with the Provincial publication Reclamation andEnvironmental Protection Handbook for Sand, Gravel and Quarry Operationsin B.C., 1995 , or equivalent;

.3 Encourage the Province to consider habitat conservation policies in theirassessment of resource extraction applications.

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RESOURCE EXTRACTION POTENTIALMAP 4

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13.0 ADMINISTRATIVE, CULTURAL AND INSTITUTIONAL

13.1 Background

The Kaleden-Apex Southwest Sector plan area contains varying levels ofadministrative and community facilities and cultural resources. This chapterreviews a number of issues pertaining to the availability and future planning ofthose facilities and resources.

13.2 Education and Community Facil ities

The school system is operated by two school districts (School District 67 andSchool District 53) within the plan area. The Regional District has no mandate oneducation policies other than advocating to the School Districts on policy areas thatimpact the Regional District.

Presently there is one elementary school located in Kaleden. Students in the ruralareas are bused into the more populated communities such as Kaleden, Oliver andPenticton.

The plan area presently has one community hall at Kaleden. The facility is a jointuse facility with the library and day care centre.

13.2.1 Objectives

The Regional Board’s administrative, cultural and institutional objectives are to:

.1 Maintain existing facilities and provide new or expanded community facilities

consistent with population growth; and.2 Encourage the expansion or construction of new schools as may be

determined by the school district’s capital planning process through rezoning.

13.2.2 Policies

The Regional District will:

.1 Continue liaisons with School Districts 67 and 53 to determine School Districtneed as a result of development;

.2 Encourage the liaison with the School Districts to establish joint useagreements to support the multiple use of schools and school grounds in thecommunity, particularly the Kaleden elementary school;

.3 Consult with the School Districts regarding the need to establish school siteacquisition charges or land dedication for future school sites that will berequired as a result of residential development;

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.4 Continue to maintain an institutional/community focal point in Kaleden, wherecommunity services (library, schools, firehall, community hall) are centrallylocated; and

.5 Encourage where possible facilities such as administration buildings,clubhouses, etc. to be utilized for community activities in the communities of

Apex Resort, St. Andrew’s and Twin Lakes.

13.3 Protective Services

Map 8 (Fire Protection Areas) illustrates the Kaleden fire protection areas whichpresently exist. The fire protection areas include the Kaleden area and White LakeRoad area. There is a need to expand service to those areas presently notcovered, and to ensure new areas are supported. It is equally important to ensurethat all communities have sufficient water supply to support fire protection.

The level of police presence and bylaw enforcement in the plan area which is

considered to be fair to good The establishment of a community policing programand the increase in policing and bylaw enforcement presence are methods toaddress these issues.

13.3.1 Objectives

The Regional District’s objectives are to:

.1 Encourage the expansion of fire protection services to communities such asTwin Lakes and Apex Mountain Resort;

.2 Encourage the maintenance of existing protective services and facilities, and

coordinate resources to establish new facilities and services; and.3 Review opportunities to expand existing community policing programs and

bylaw enforcement.

13.3.2 Policies

The Regional District will:

.1 Continue to review and implement opportunities to establish fire protection

services to Twin Lakes and Apex Mountain Resort;.2 Require new community water systems to be capable of fire suppression as

required under the Regional District’s servicing bylaw;

.3 Review with the R.C.M.P. and Regional District staff, opportunities to expandthe police and bylaw enforcement presence in the plan area; and

.4 Recognize emergency facilities in all designations of the plan area.

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13.4 Dominion Radio Astrophysical Observatory

The Dominion Radio Astrophysical Observatory, also know locally as the WhiteLake Observatory, is the only research facility of its kind in Canada, and providesan important contribution to the local economy. The Regional Districtacknowledges the scientific and economic importance of this facility, andrecognizes that the Observatory is extremely sensitive to electromagneticinterference which may result from development and human activity outside ofObservatory property.

The degree to which development may interfere with Observatory activities is, inpart a function of distance and whether the development lies within lines-of sight ofradio-telescope equipment. Map 5 (White Lake Observatory Line-of-Sight)identifies the approximate areas which are:• (A) directly within the lines-of-sight of existing telescopes or potentially within

the lines-of-sight of any future telescopes;• (B) within 61.0 metres of such lines-of-sight; and• (C) within 2.5 km of the Observatory.

Development in Areas A, B and C noted above, could significantly interfere with theresearch activities being conducted at the Observatory. While the impact ofinterference generated by human activity in Area B will be mitigated by thesurrounding hills, it is nevertheless important to reduce the levels of interferencewherever possible. The Regional District will consider the potential impact ofproposed development on Observatory activities prior to supporting developmentapplications or recommending support to the Provincial Subdivision ApprovingOfficer. Developers and Observatory staff are encouraged to discuss such impactsat the earliest possible stage of development planning.

The Observatory has developed detailed criteria for potential developments tomitigate these disturbances. The established method for implementing thesecriteria is to place a restrictive covenant on the title, which protects the interests ofthe Observatory and makes prospective owners aware of the potential impacts onthis important facility.

13.4.1 Objectives

The Regional District’s objective in regards to the Observatory is to:

.1 Minimize the levels of electromagnetic interference on the Observatoryresulting from new development.

13.4.2 Policies

The Regional District will:

.1 Given the Observatory’s extreme electromagnetic sensitivity to anydevelopment, not support future rezoning or subdivision applications within

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Areas A, B, or C, outlined on Map 5 (White Lake Observatory Line-of-Sight),unless it can be proven to not affect the Observatory;

.2 Review the Zoning Bylaw in relation to establishing provisions to address theissue of electromagnetic interference on the Observatory;

.3 Continue to use Restrictive Covenants registered under the Land Title Act forall approved developments to make prospective owners aware of therestrictions required to protect the Observatory; and

.4 Review and implement lines-of-sight restrictions for abutting Electoral Area C.

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WHITE LAKE OBSERVATORY LINE-OF-SIGHTMAP 5

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13.5 Heritage and Cultural Resources

13.5.1 Objectives

The Regional District’s objectives are to:

.1 Provide interpretive and educational opportunities concerning our cultural andheritage resources; and

.2 Evaluate and validate heritage, cultural, and historical sites working with theappropriate provincial ministries, committees, societies, and organizations.

13.5.2 Policies

The Regional District will:

.1 Support the Province and other interest groups in identifying and protectingfeatures and sites of paleontological, scenic, architectural, historical orarchaeological significance within the plan area;

.2 Review the potential acquisition and establishment of interpretive sitesassociated with the CPR right-of-way;

.3 Encourage Developers to consider cultural and heritage resource concerns inproject planning and design;

.4 Notify the Province with respect to development that could affect thedesignated heritage object or site in a manner specified in the relevantProvincial legislation; and

.5 Consult with First Nations on major development proposals.

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14.0 PARKS AND NATURAL ENVIRONMENT

14.1 Background

Parks are publicly owned areas that provide an opportunity for individuals topursue leisure and recreation activities. Park land includes land owned by theRegional District for use as park land, land zoned for park purposes and landdesignated as park on a subdivision plan. Park land also includes land orgeneral areas which the Regional District may have an interest in for park in thefuture. This section of the Plan also applies to large parcels of privately ownedland that provide rural recreational opportunities. The existence and use of parkland assists in fostering an awareness of the natural environment and the desireto preserve green space and environmentally sensitive areas.

The South Okanagan and Lower Similkameen are recognized as regions thatcombine a tremendous diversity of habitats with unique species, many of whichare not found elsewhere in British Columbia or Canada. The South Okanaganalso has the most number of endangered and threatened species of plants andanimals in British Columbia and Canada. In addition, the land is an importantprovider of surface and ground water supply. This section outlines the RDOSpolicies and objectives in support of the protection and conservation of thenatural environment of the RDOS Rural area.

For the purpose of protecting environmentally sensitive areas (ESAs), whichincludes riparian, shrub-steppe, forested lands, rugged terrain and aquatic areas,ESAs have been identified through Provincial inventory and designated asrequiring a development permit, as described in Section 19.0 of this Plan.

14.2 Parks

14.2.1 Parks Objectives

The Regional District’s objectives are to:

.1 Provide a level of parks and recreational opportunities that can meet theneeds of local residents, within their ability and resources to pay for suchfacilities;

.2 Establish a trail network utilizing the CPR right-of-way; and

.3 Avoid where possible, conflict between park and recreation uses and abuttingagricultural uses.

14.2.2 Parks Policies

The Regional District will:

.1 Require the dedication of not more that 5% of the parcel area of a proposedsubdivision for park purposes. The park dedication would be intended to

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provide sites on the parcel for parks to serve new residential subdivisions or toestablish trail corridors;

OR

Require payment of an amount not exceeding 5% of the market value of theproperty proposed for subdivision in areas where:

a) the dedication of scattered public parks may be impractical;

b) a suitable site is not available within the proposed subdivision; or

c) the proposed subdivision is adequately serviced in terms of access toexisting parkland; or

d) infrastructure and administrative resources do not exist to adequatelymaintain parkland.

Note: the first option does not apply to subdivisions of fewer than 3 lots orwhere the smallest lot being created is larger than 2 ha.

.2 Utilize the following criteria when acquiring land for neighbourhood orcommunity park purposes:

a) flat areas;

b) areas with views;

c) lakeshores;

d) important fish and wildlife habitat areas;

e) areas including and surrounding natural features; and

f) areas in proximity to schools, cultural or community facilities;

.3 Encourage the CPR right-of-way to be preserved, acquired, and utilized as alinear park and recreation corridor between Kaleden and Okanagan Falls;

.4 Work with the Provincial government to establish appropriate uses including atrail linkage along the abandoned CPR trail corridor and encourage thatmeasures are taken to reduce the impact of a trail on agricultural operations,such as: maintaining and enhancing fencing; and ensuring there is no loss offarm access across the right-of-way;

.5 Encourage the Province to not permit the exploration and development ofmineral deposits and the harvesting of timber within Provincial parks andProvincial recreation areas, unless these activities are carried out in such a

manner as to preserve the recreational and aesthetic qualities of the ApexMountain Recreation Area and the Apex Alpine Ski Resort; and

.6 Support the continuation of independent recreation commissions to providefor community recreational needs.

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14.3 Watercourse Management

Provincial legislation permits the Regional District to manage development nearwatercourses by identifying watercourses in the official community plan andimplementing their protection through development permit provisions.

Watercourses include any natural depression with visible banks, or wetland with orwithout visible banks, which contain water at some time; and include any lake, river,stream, creek, spring, swamp, gulch or surface source of water whether containingfish or not; and include intermittent streams; and include surface drainage workswhich are inhabited by or that provide habitat for fish.

In this area, the water supply from surface sources and from groundwater sourcesmay be very limited. Any major development, incremental developments, orchange in land use that requires a significant consumptive use of water may affectboth the environment and the existing use by others. The overall affect of waterconsumption may be reduced by using water conservation practices in household,industrial and irrigation settings. Where a multiple lot development is proposed, the

availability of supply should be determined and the formation of a joint water supplysystem should be encouraged.

14.3.1 Watercourse Management Objectives

The Regional District’s objectives are to:

.1 Identify, manage and protect significant watercourses to maintain their naturalhabitat, environmental quality, aesthetic appeal and recreational value; and

.2 Conserve, protect and enhance surface, ground and aquifer water sources incooperation with provincial ministries, local water purveyors and landowners.

14.3.2 Watercourse Management Policies

The Regional District will:

.1 Co-operate with senior governments to provide a coordinated strategy for thestewardship of “riparian assessment areas”, in keeping with the general intentof the Riparian Areas Regulation, to ensure that no harmful alteration,disruption and or destruction of fish habitat occurs.

.2 Ensure that new major developments provide a stormwater management planconsistent with the guideline policies prescribed in the Provincial publication

Urban Runoff Quality Control Guidelines of British Columbia , or equivalent tomitigate environmental impacts from storm runoff, erosion and sedimentationcontrol, and as may be required by the Regional District’s servicing bylaw;

.3 Ensure all new development and infrastructure occurs with minimal impact ordisturbance to watercourse, riparian areas and leavestrips, and that disturbedareas be rehabilitated and enhanced using indigenous plants and trees;

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.4 Ensure the protection of watercourse leavestrip areas on non-ALR lands bydedication or registration of a conservation covenant in the name of theRegional District, or returned to the Crown, to ensure non-disturbance orbuilding in the watercourse leavestrip areas;

.5 Support density averaging as a method of clustering development to suitableareas and thereby conserving watercourses, riparian, and leavestrip areas;and

.6 Encourage the protection and enhancement of existing groundwater sourcesfor domestic water supply, community water systems and agricultural usethrough those ministries, water purveyors, and water boards.

14.4 Wildl ife Habitat

The south Okanagan Valley is a special place in Canada. Its hot, dry summers,mild winters, beautiful lakes and bountiful agricultural lands make it an ideal place

for human settlement. These characteristics have also shaped an ecosystemunique in the country, an ecosystem now threatened by the human settlement itattracts. In 1990, with increasing concern over the rapid loss and fragmentation ofhabitats in the south Okanagan, provincial and federal environment ministries,along with non-government agencies and foundations, established the SouthOkanagan Conservation Strategy (SOCS), a program designed “to prioritizemanagement activities for the conservation of natural habitat.”

One important lifestyle characteristic residents identified through the communityplanning process was their proximity to wildlife areas. The Province hasdesignated a significant portion of the plan area as class 1 habitat, a critical habitatarea which should be protected.

The plan area contains numerous red listed species which are rare, endangered,threatened or vulnerable terrestrial vertebrates. An important component to thepreservation of these species is the protection of their ecosystems. There are fourbroad categories of ecosystems; Grassland (e.g. bunch grass, shrub-steppe);Rugged Terrain; Forest; and Wetlands and Riparian. The dry grasslands and openpine forests of the south Okanagan are considered one of the four mostendangered ecosystems in Canada.

The list of endangered or threatened species in the plan area include: TigerSalamander; Night Snake; Brewer’s Sparrow; Grasshopper Sparrow; LarkSparrow; Prairie Falcon; Sage Thrasher; Yellow-breasted Chat; White-headed

Woodpecker; Pallid Bat; and Western Screech-Owl.The Province has prepared mapping which identifies Critical Habitat Areas. Map 7(Critical Habitat Areas) illustrates the Class 1 critical habitat areas in the Kaleden-

Apex Southwest Sector area, and is intended to provide a general guide within theOCP. A critical wildlife review will be required by the Province during thedevelopment review process in the identified areas.

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14.4.1 Wildlife Habitat Objectives

The Regional District’s objectives are to:

.1 Protect Class 1 critical habitat areas from development where deemedappropriate by the Province; and

.2 Encourage provincial and federal governments and private organizations toprotect, enhance and manage critical habitat areas for endangered orthreatened species in the plan area.

14.4.2 Wildlife Habitat Policies

The Regional District will:

.1 Protect and preserve where appropriate, Class 1 critical habitat areas onprivate land through the development permit, rezoning and subdivisionprocesses;

.2 Require proponents of new development to prepare a wildlife habitat andmigration impact statement where the Province identifies the potential forimpact on critical habitat areas;

.3 Continue to advocate the protection and preservation of Class 1 critical habitatareas on Crown land through the Okanagan-Shuswap Land ResourceManagement Plan process; and

.4 Encourage the protection, preservation, enhancement and management ofClass 1 critical habitat areas through the following methods:

a) encourage conservation organizations to purchase the areas;

b) acquire the areas as part of a 5% parkland dedication;c) encourage donation of the areas to the Regional District, the Nature

Trust, Crown Lands, or conservation organizations;

d) establish conservation covenants under Section 219 of the Land Title Act ;

e) acquire statutory rights-of-way under the Land Title Act ;

f) enter into long-term leases for the areas;

g) encourage private land stewardship; and

h) encourage the Provincial Government to allow tax breaks for landowners who protect Class 1 critical habitat areas.

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MAJOR WATERCOURSES

MAP 6

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CRITICAL HABITAT AREASMAP 7

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15.0 HAZARD LANDS

15.1 Background

Hazard lands include, but are not limited to areas the RDOS has reason tobelieve are subject to natural hazards including flooding, mud flows, torrents ofdebris, erosion, rock fall, landslip, sink holes, avalanche and wildfire.

15.2 Objectives

.1 Prevent the loss of life or injury and damage to property from flooding, erosion,moderate or higher fire hazard, soil instability, landslide, and other potentialhazards.

15.3 PoliciesThe Regional District will:

.1 Direct development away from those lands which may have a potential naturalhazard, soil instability, or which have been identified as hazardous by theRegional District, or other agencies having jurisdiction;

.2 Discourage development on land subject to a general susceptibility to flooding,and encourage those lands to be used for non-habitable purposes (e.g.recreation), or left in a natural state;

.3 Require new habitable development on existing parcels which are prone to

flooding to be sited and constructed to standards consistent with applicableprovincial flood hazard management guidelines;

.4 Direct development and subdivision away from lands susceptible to soilinstability or adverse geotechnical conditions;

.5 Require new development areas with slopes greater than 30% to be reviewedfor soil instability or potentially hazardous conditions, and where applicable,require that a no-build/no-disturb covenant be considered as part of the zoningor subdivision approval process;

.6 May request that the Regional Subdivision Approving Authority requires thedeveloper to undertake a fire hazard risk assessment at the time of

submitting a subdivision application where the Province indicates that aproperty may be subject to a moderate or higher fire risk. The RegionalBoard may require the same assessment during the land use designationamendment or development permit process. The assessment will provide arecommended fire hazard mitigation strategy, that will be submitted to boththe RDOS and the Province, and is recommended to include, but is notlimited to, the following:

a) incorporating fuel breaks adjacent to or on the residential subdivisions;

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b) establishing zones around potential structures and homes which are clear ofdebris, highly combustible material or trees;

c) utilizing fireproofing techniques and fireproof materials in building design;

d) designing roads that provide evacuation routes and facilitate movement offire fighting equipment;

e) ensuring all roads are named and signed;

f) ensuring availability of water supply facilities adequate for fire suppression;

g) ensuring the provision of access to local water sources, lakes and streamsas part of access requirements;

h) implementing setbacks, interfacing fire protection standards, and buildingmaterial standards pursuant to the Provincial publication The Beware andPrepare Community Planner - Working towards a fire safe community , orequivalent ; and

i) establishment of setbacks of 30.0 metres abutting Crown land..7 Investigate the potential for a year-round yard waste disposal program to

encourage residents to reduce the risk of wildfire hazard.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 51

FIRE PROTECTION AREAMAP 8

HIGH HAZARD SLOPE AREAS & AREAS SUBJECT TO FLOODING

MAP 9

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 52

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 53

16.0 TRANSPORTATION

16.1 Background

The Province identifies Highway 97 as a primary highway, and Highway 3A as asecondary highway. The Province’s projections forecast that Highway 97 in thevicinity of Kaleden will see traffic volumes and congestion increase over the next 20years. The Province has subsequently, identified this portion of highway to be 4laned when funding permits, thereby improving capacity, travel mobility and safety.

The road network indicated on Map 10 (Existing and Proposed Major Road Network)shows:

a) Trunk Highways function to provide for rapid, efficient movement of large volumesof through traffic to achieve regional continuity. To secure swift and safe trafficmovement, direct access onto Trunk Highway will be limited, and more turninglanes and channelization may be required at major intersections; and

b) Network Streets and New Linkages accommodate the major traffic movementswithin the plan area for current and possible future needs.

Direct access to adjacent property is discouraged but will be allowed when conditionspermit.

The Province has also identified a number of incremental upgrades along Highway3A. The upgrades include, shoulder widening where required, additional passinglanes on warrants, and intersection improvements as determined by corridor plans.In the long term, the Province has identified a major realignment in the Yellow Lakeand Roadhouse Hill sections.

The Province expressed an interest in reviewing alternatives to improve the safety ofthe Highway 97 corridor.

16.2 Objectives

The Regional District’s objectives are to:

.1 Encourage the Province to review safety issues related to commercialdevelopment accesses along Highway 97 at Kaleden; and

.2 Provide and secure a road network for the safe, and efficient movement of allforms of transportation.

16.3 Policies

The Regional District will:

.1 Encourage and support the Province to improve safety and access along theHighway 97 corridor, at Kaleden, within the existing right-of-way (alternatives

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 54

suggested by the public include improved lighting, medians, turning lanes, andtraffic lights);

.2 Encourage the Province to initiate a corridor study for the Highway 97/Kaledenarea, and as part of the process, consult with Kaleden residents regardingpotential improvements;

.3 Support and encourage the provision of safe pedestrian and cyclingopportunities along the major network roads as improvements are made to theroadways;

.4 Encourage the Province to require traffic impact studies as part of developmentproposals which the Province feels may impact safety and mobility on networkroadways and, to ensure that:

a) existing and future roads and alignments are designed with dueconsideration for watercourses and critical habitat areas;

b) safety is maintained through access management and control;

c) disruption to farming operations is minimized; andd) projected traffic volumes do not reduce the present service levels for the

existing roadway;

.5 Encourage the development of a major road network system in Kaleden, inconjunction with Highway 97, in order to reduce the reliance on Highway 97 forshort local trips;

.6 Encourage and support the Province to locate and design at-grade intersectionsalong Highway 97 such that they do not interfere with passing sight distance forhighway traffic;

.7 Require all roads to be constructed to Provincial design standards;

.8 Encourage the Province to require adequate off-street parking areas to avoidillegal parking along the road right-of-way and to ensure all parking manoeuvrescan occur on private property;

.9 Discourage continuous strip development along Highways 97 and 3A, WhiteLake Road and other major roads in order to achieve a more efficient use ofland and a proper distribution of traffic flow throughout the network road system;and

.10 Although the plan area does not warrant public transit service at this time,continue to monitor conditions and have liaison with B.C. Transit regardingfuture public transit service to such areas as Kaleden when ridership demandwarrants the service.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 55

EXISTING AND PROPOSED MAJOR ROAD NETWORKMAP 10

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17.0 SERVICING

17.1 Background

The Plan acknowledges the advantages of orderly growth and pre-planning ofsubdivisions, and the disadvantages of high density un-serviced development orpremature, uneconomic extensions of utilities and services. It also supportscombining servicing with sound land use development principles for theprotection of environmentally sensitive land.

17.2 Water Supply & Distribut ion

The Kaleden-Apex Southwest Sector area is comprised of two water purveyorsor irrigation districts, and a number of private community systems, and privateindividual wells. The water purveyors and their service areas are illustrated on

Map 11 (Water Districts). There is a need to ensure future developments have asecure, safe, and sustainable water supply and distribution system.

17.2.1 Water Supply & Distribution Objectives

The Regional District’s objective is to:

.1 Continue cooperation and coordination between water purveyors (e.g. irrigationdistricts), the Province, and fire protection services in order to ensure adequatewater quantity and quality.

17.2.2 Water Supply & Dist ribut ion Policies

The Regional District will:

.1 Ensure that all new developments are adequately serviced by a water supplysystem in accordance with the Regional District’s Servicing Bylaw;

.2 Ensure new developments do not restrict or limit the availability of water supplyfor agricultural irrigation; and

.3 Liaise with the Province, and the plan area water purveyors to ensure an overallcoordinated water management strategy for water quality and quantity.

17.3 Sewage Disposal

The predominant sewage disposal method in the Kaleden-Apex Southwest Sectorarea is individual on-site septic systems. Individual septic systems are not viewed asbeing a long-term sustainable method of sewage disposal. This method of disposalalso increases the probability of potable ground water contamination and nutrientloading into watercourses such as Skaha Lake. New proposed residential

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developments, and existing subdivisions with above average septic failures areencouraged to make provision for sustainable sewage collection and disposalsystems.

17.3.1 Sewage Disposal Objectives

The Regional District’s objectives are to:

.1 Reduce levels of nutrients and effluent disposal into watercourses; and

.2 Review long-term sustainable sewage collection and disposal methods.

17.3.2 Sewage Disposal Policies

The Regional District will:

.1 Require all new residential developments to be serviced by community sewerand collection systems as specified in the Regional District’s servicing bylaw ;

.2 Review opportunities to implement long-term sustainable sewage collection anddisposal methods for existing communities (e.g. Kaleden) where appropriate;

.3 Investigate, where a community sewer system is being installed, to ensure thesystem is adequate to allow for servicing of existing subdivisions that do nothave community sewer (e.g. Twin Lakes); and

.4 Encourage the Province to investigate alternate methods of wastewatertreatment that provide an alternative to individual on-site disposal systems orlarge scale community systems.

17.4 Drainage

Storm water drainage in the Kaleden-Apex Southwest Sector area is comprised ofopen ditches, natural drainage courses and absorption into the ground through drywells. During the public and agency consultation processes storm drainage wasidentified as an existing problem in certain areas. There is also a need to coordinatestorm drainage efforts as various Provincial agencies have jurisdiction over certainaspects of storm drainage.

A second concern is the destination of stormwater. Skaha Lake and otherwatercourses are the ultimate destination for much of the storm drainage. Given thatthese watercourses are a source of drinking water, and an important ecosystem, itbecomes important to manage the quality and quantity of the storm water.

17.4.1 Drainage Objectives

The Regional District’s objectives are to:

.1 Prepare strategies for overall stormwater management;

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.2 Control drainage, sediment and erosion for new and existing developments andthose under construction; and

.3 Coordinate and resolve drainage issues with provincial ministries having jurisdiction, and monitor the equality of stormwater run-off into watercourses.

17.4.2 Drainage Policies

The Regional District will:

.1 Consider revising the Regional District’s servicing bylaw to require alldevelopments to prepare a drainage, sediment, and erosion control plan thatwill be used during and after subdivision or development ;

.2 Encourage review of stormwater management in new and existingdevelopments by the Province;

.3 Require developers of land to control construction silts, gravel and debris to

ensure there is no discharge into natural drainage courses, watercourse or ontohighways; and

.4 Coordinate efforts with the Province to monitor water quality run-off into majorwatercourses.

17.5 Solid Waste Management

The Regional District has established a solid waste management plan for the region.This has been in response to the Province, which has set goals to reduce wastedelivered to landfills.

17.5.1 Solid Waste Management Objectives

The Regional District’s objectives are to:

.1 Reduce the volume of waste requiring disposal in accordance with the WasteManagement Plan, and Provincial waste reduction targets;

.2 Consider the use of transfer stations in the plan area; and

.3 Review the boundaries of those who pay to use the Penticton and OkanaganFalls landfills.

17.5.2 Solid Waste Management Polic ies

The Regional District will:

.1 Continue to implement its solid waste management plan;

.2 Review the issue of transferring the taxation boundaries for the use of thePenticton landfill to the Okanagan Falls landfill;

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.3 Review the potential for the establishment of recycling stations in conjunctionwith solid waste transfer station operations for remote subdivisions in the planarea (e.g. north-west and south-west portions of the plan area); and

.4 Ensure that any future solid or liquid waste facilities are subject to anenvironmental impact assessment .

17.6 Other Utili ties

Other utilities which service the Kaleden-Apex Southwest Sector area includetelephone, hydro, and limited gas service. The utility services to this area areprovided on a user pay basis. The level of future development in this area willdetermine the feasibility of expanding some services such as natural gas. It will alsobe important to ensure ongoing coordination of utility services to the area by both theRegional District and the relevant Provincial agency.

17.6.1 Other Util iti es ObjectivesThe Regional District’s objectives are to:

.1 Encourage cooperation and coordination of utilities to existing and futuredevelopments.

17.6.2 Other Util iti es Policies

The Regional District will:

.1 Encourage the cooperation and coordination of all utility companies, the

Province, and the Regional District.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 60

WATER DISTRICTSMAP 11

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18.0 TEMPORARY USE PERMITS xi

18.1 Background

Temporary Use Permits may be considered by the Regional Board to allowspecific land uses to occur for a short period of time. The permit can containvery detailed requirements such as indicating the buildings that can be used, thetime frame of the permit, and the other conditions.

Such permits are provided at the discretion of the Regional Board and are only ineffect for a limited period of time. They are not a substitute for a rezoning.

18.2 Objective

.1 To avoid conflicts between different types of uses (i.e. residential,

commercial and industrial)..2 To provide for temporary approval of transitional uses, or uses where

uncertainty exists respecting appropriateness or viability of the use, andwhere it is premature to decide upon rezoning and long term land usepatterns.

.3 To ensure that temporary use permits are not considered a substitute for arezoning application.

.4 To consider allowing on-going short-term vacation rental uses on proper tiesdesignated Residential through the issuance of Temporary Use Permits. xii

18.3 Policies

The Regional Board’s policies are as follows:

.1 Land within all of the Land Use Designations in this OCP is designatedunder Section 920.2 of the Local Government Act as an area in whichTemporary Use Permits may be issued.

.2 The holding of a public information meeting may occur prior to the issuanceof a Temporary Use Permit.

.3 Any proposed access to public roads must be reviewed and approved by

the Ministry of Transportation and Infrastructure..4 In evaluating a Temporary Use Permit application submitted to the Regional

District by the applicant, the Regional District may consider the followingcriteria:

a) the use must be clearly temporary or seasonal in nature;

xi Amendment Bylaw No. 2570, 2012 – adopted January 24, 2013xii Amendment Bylaw No. 2595, 2013 – adopted March 20, 2014

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b) compatibility of the proposal with adjacent uses;

c) impact of the proposed use on the natural environment, includinggroundwater, wildlife, and all environmentally sensitive areas;

d) intensity of the proposed use;

e) opportunity to conduct the proposed use on land elsewhere in thecommunity; and

f) the remedial measures to be carried out to mitigate any damage to thenatural environment as a result of the temporary use.

.5 In issuing a Temporary Use Permit, the Regional District may specifyconditions including, but not limited to:

a) the buildings to be used;

b) the area of use;

c) the hours of use;

d) appearance;

e) environmental protection measures, and

f) groundwater protection.

.6 In issuing a Temporary Use Permit for a short-term vacation rental, theRegional District may specify conditions, in ad dition to those listed undersub-section 18.3.5, including, but not limited to: xiii

a) the provision of screening or fencing in order to address potential impactsor to address neighbour privacy issues;

b) the provision of the manager or owner`s contact information, as well as acopy of any issued Temporary Use Permit, to each neighbour whoseproperty is located within 100 metres of the subject property;

c) the availability or accessibility by telephone of the manager or owner;

d) the posting of the following information:

i) the location of property lines by way of a map;

ii) any applicable Regional District noise bylaws;

iii) measures to address water conservation;

iv) fire safety regulations;

v) storage and management of garbage;

vi) septic system care; and

vii) control of pets (if pets are permitted) in accordance with theapplicable Regional District bylaw.

xiii Amendment Bylaw No. 2595, 2013 – adopted March 20, 2014

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e) a maximum accommodation of ten (10) persons, with an aggregateoccupancy of two (2) persons per bedroom within a dwelling unit whensuch dwelling unit is being occupied as a vacation rental;

f) the provision of one (1) parking space for each bedroom available forvacation rental use;

g) the prohibition of the use of recreational vehicles or camping on theproperty or any use of accessory buildings for vacation rental occupancy;

h) confirmation from a qualified person that the building used for vacationrental meets a minimum standard for health and safety; and

i) other requirements that the Regional District Board may considerappropriate.

.7 As a condition of issuing a Temporary Use Permit, the Regional District mayrequire the posting of a security so as to ensure compliance with theconditions of a permit.

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19.0 DEVELOPMENT PERMIT AREAS

19.1 Background

The OCP may designate development permit areas under the authority of Localgovernment legislation. Unless otherwise specified, a development permit mustbe approved by the Regional Board prior to any development or subdivision ofland within a designated development permit area. The purpose of acquiring adevelopment permit is to ensure certain requirements are addressed towards theprotection, restoration and preservation of the natural environment. Due to theirsignificance and sensitivity, all watercourses and riparian areas in the RDOShave been designated as development permit areas.

The development permit areas designated for Kaleden-Apex Southwest Sectorinclude Environmentally Sensitive Development Permit (ESDP) areas andWatercourse Development Permit (WDP) areas.

19.2 Environmentally Sensitive Development Permit (ESDP) Area

19.2.1 Category

The ESDP Area is designated under Section 919.1(1)(a) of the LocalGovernment Act , for the protection of the natural environment, its ecosystemsand biological diversity.

19.2.2 Area

The ESDP Area is comprised of important habitat areas for wildlife habitat andplant communities, included in the ‘ Habitat Atlas for Wildlife at Risk, SouthOkanagan & Lower Similkameen ’, and amendments thereto, Ministry ofEnvironment, Lands and Parks, 1999, and in current Sensitive EcosystemInventor ies and amendments thereto. ESDP areas include, but are not limited toriparian/wetland, rugged terrain, grassland / shrub-steppe, and old forests andaquatic areas including habitat for important species.

19.2.3 Justification

The primary objective of this development permit area designation is to minimize

the impact of development on the natural environment. The natural environmentprovides essential habitat and corridors for plants, fish, birds and otherorganisms. It also acts as a natural water storage, drainage and purifying system.Vegetation adjacent to watercourses needs to remain in a largely undisturbedstate in order to maintain a healthy environment and clean water. Themaintenance of adjacent lands in an undisturbed state also helps to protectprivate property from flooding or land loss due to watercourse erosion.

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There is a general decline in fish and wildlife populations in the south Okanaganand Similkameen that is directly attributable to habitat loss. The majorcontributors to increasing habitat losses are increasing agriculture, urbanization,water use, forestry and expansion of alien species (i.e., weeds). The southOkanagan and Similkameen Valleys are identified as - critical regions for

maintaining a healthy, viable population of a number of endangered andthreatened species, some of which are only known to exist here. It has some ofthe most endangered ecosystems in Canada. The Work has been done toidentify important habitats supporting endangered species.

The impact of development on the natural environment can be minimized bycarefully examining the proposed development and taking appropriate measuresin relation to the environmentally sensitive land. Maps 12 and 13 outline theareas of critical habitat (areas for red-listed species and important habitatincluded in the ‘ Habitat Atlas for Wildlife at Risk, South Okanagan & LowerSimilkameen ’, Ministry of Environment, Lands and Parks, 1999, and in thecurrent Sensitive Ecosystem Inventory ’ and amendments thereto.

19.2.4 Determining whether development falls wi thin the ESDP Area

.1 To confirm whether a proposed development is within land identified asenvironmentally sensitive in the ESDP Area for which a development permitapplication is required, locate the following:

a) the development in relation to the important habitat areas.

19.2.5 Guidelines

.1 A development permit is required, except where specified under ExemptionsSection 19.2.7, for development on lands identified as environmentallysensitive within the ESDP area. Where not exempted, developmentrequiring a development permit includes:

a) subdivision,

b) any activity carried out in the process of preparing a site or erectingstructures, including (i) grading, removal, deposit or moving of soil,construction of a new building, or alteration or expansion of an existingbuilding, (ii) paving, (iii) installation of drainage or underground services,or (iv) removal of important habitat as determined by a QEP.

Development shall be in accordance with the following guidelines:.2 Where the applicant has chosen to prepare an Environmental Impact

Assessment (EIA) report to assist in facilitating the approval process, theRegional Board will consider approval of the development permit based onthe EIA recommendations, and/or further direction from Provincial and/orFederal governments, and/or a committee of the Regional Board. The EIAreport, along with any additional conditions recommended by the Board,

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prepared by a QEP, would identify how the proposed development willaffect the environment, and recommend measures to reduce any negativeimpacts. The EIA will comply with approved RDOS Terms of Reference andcurrent Provincial and Federal legislation and guidelines;

.3 Incorporation of conservation area, park, trail and wildlife and fish corridorsto provide continuity between important habitats without creating conflictswill be encouraged by the Regional Board.

.4 Where it is not practical to preserve important habitat areas, therecommendations of Provincial and/or Federal governments, and/or staff,and/or a committee of the Regional Board in the context of the EIA Reportwill be considered. Options may include development modifications,enhancement opportunities, dedicating or restoring comparable habitat areaelsewhere. Permanent disturbances such as roads and structures must notbe located on critical habitats as identified by the QEP.

.5 Dedication to Crown of the natural watercourse, in accordance with Local

government legislation..6 Where development is considered in important habitat areas, in addition to

Guideline 4, the RDOS may use the following methods to directdevelopment away from the ESAs:

a) lot area averaging to allow flexibility in conserving the feature or area;

b) comprehensive development zones, density averaging or other methodsto achieve this purpose;

c) development variance permits to vary conditions other than use ordensity; and/or

d) voluntary stewardship such as contracts, leases or trust to protect thefeature or area.

e) Dedication or covenant of the area

19.2.6 Bonding and Environmental Monito rs

The Regional District Board may require security in accordance with section 925of the LGA to pay for remediation if:

.1 a condition in a permit respecting landscaping has not been satisfied,

.2 an unsafe condition has resulted as a consequence of contravention of acondition in a permit, or

.3 damage to the natural environment has resulted as a consequence of acontravention of a condition in a permit.

The estimate for works will be prepared by a qualified environmentalprofessional.

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The Regional District Board may require a report from a QEP that the requiredmeasures have been implemented as designed.

19.2.7 Exemptions

A development permit is not required for development within land identified asenvironmentally sensitive in the ESDP area for:

.1 the construction, alteration, expansion, repair, demolition or maintenance ofone single detached dwelling and accessory buildings related to thatdwelling, and any related grading, removal, deposit or moving of soil;

.2 alterations to existing buildings which will not change the parcel coverage ofa building

.3 the construction, alteration, addition, repair, demolition and maintenance offarm buildings in the ALR;

.4 the construction of a driveway and utilities affecting an area less than 500m 2;

.5 the construction and repair of fences;

.6 a subdivision, if the smallest parcel resulting from subdivision is 20 ha orgreater, or if the subdivision will create only two parcels;

.7 any type of development, provided that a qualified environmentalprofessional has confirmed the absence from the area of the parcel onwhich the development would occur of important habitat identified in the“Habitat Atlas for Wildlife at Risk, South Okanagan & Lower Similkameen ”,British Columbia Ministry of Environment, Lands and Parks 1999, as revisedfrom time to time, or the “ Updated Terrestrial Ecosystem Mapping (TEM) forthe South Okanagan Valley (with Sensitive Ecosystems Inventory - SEI) ”,Iverson, K. and A. Haney, 2006, as revised from time to time, and, ifrequired by the Regional District on the basis of the proximity of theproposed development to the location of such habitat, a plan prepared by aB.C. Land Surveyor based on habitat extent determined by the qualifiedenvironmental professional, confirming the location of the area on which thedevelopment would occur in relation to the location of such habitat;

.8 any farm use as defined in the Agriculture Land Commission Act on landlocated in the ALR, provided farming practices are in accordance withProvincial and Federal policies and environmental guidelines;

.9 an area where the applicant can demonstrate that the conditions of theESDP Area have already been satisfied, or a development permit for thesame area has already been issued in the past and the conditions in thedevelopment permit have all been met, or the conditions addressed in theprevious development permit will not be affected.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 68

ENVIRONMENTALLY SENSITIVE DEVELOPMENT PERMIT AREAMAP 12

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19.3 Watercourse Development Permit (WDP) Area xiv

19.3.1 Category

The Watercourse Development Permit (WDP) Area is designated pursuant toSection 919.1(1)(a) of the Local Government Act, for the protection of the natural

environment, its ecosystems and biological diversity.19.3.2 Watercourse Development Permit Area

The lands shown as WDP Area on Schedule “C” are designated as a“Watercourse Development Permit Area”.

The definitions used in the Local Government Act and Provincial Riparian AreasRegulation (RAR) shall apply.

19.3.3 Justification

To regulate development activities within riparian assessment areas as a meansto protect aquatic habitat, enhance, conserve and restore watercourses and theirriparian areas.

19.3.4 Guidelines

.1 Where not exempt, development requiring a Development Permit includesany of the following associated with or resulting from residential, commercialor industrial activities or ancillary activities to the extent that they are subjectto local government powers under Part 26 of the Local Government Act :

a) Removal, alteration, disruption or destruction of vegetation;

b) Disturbance of soils;

c) Construction or erection of buildings and structures;

d) Creation of non-structural impervious or semi-impervious surfaces;

e) Flood protection works;

f) Construction of roads, trails, docks, wharves and bridges;

g) Provision and maintenance of sewer and water services;

h) Development of drainage systems;

i) Development of utility corridors;

j) Subdivision as defined in Section 872 of the Local Government Act .

.2 A Development Permit is required for development within the WDP Area,and shall be in accordance with the following guidelines:

a) An Assessment Report must be submitted to the Regional District inrespect of the proposed development by a QEP under contract to thedevelopment applicant, including:

xiv Amendment Bylaw No. 2570, 2012 – adopted January 24, 2013

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i) certification that the professional is qualified to undertake theassessment and has used the appropriate assessment methods,all in accordance with the Provincial RAR;

ii) description and map of all pertinent aspects of the proposeddevelopment;

iii) confirmation of the boundaries of the RAA, and within that, thedetermined width of the Streamside Protection and Enhancement

Area (SPEA);

iv) description of the natural features, functions and conditions in theriparian area that support fish life processes;

v) recommended measures necessary for conserving, restoring orenhancing the integrity of the riparian area; and

vi) professional opinion that eith the development as proposed wouldnot result in the Harmful Alteration, Disruption or Destruction

(HADD) of fish habitat, or that no HADD would result if therecommended measures in the assessment report wereimplemented.

b) The Regional District may incorporate the SPEA determined by the QEPassessment report and any measures identified in the QEP assessmentreport necessary to protect the integrity of that area from the effect of thedevelopment as terms and conditions of the development permit.

19.3.5 Securi ty and Environmental Monitors

Development Permits may include requirements for environmental monitoringwhere riparian areas must be protected, re mediation must be completed or

where construction requires environmental controls. Environmental monitoringreports, when required, must be prepared by the QEP.

The Regional District Board may require security in accordance with Section 925of the Local Government Act and any applicable Regional District Policies tocorrect a situation where:

.1 a condition in a permit respecting landscaping has not been satisfied;

.2 an unsafe condition has resulted as a consequence of contravention of acondition of a permit; or

.3 damage to the natural environment has resulted as a consequence of a

contravention of a condition in a permit.Security shall be based on the estimated cost of any environmental controls,remediation works, landscape or other planting and monitoring as determined bya QEP and accepted by the Regional District.

19.3.6 Exemptions

A WDP is not required under this section for any of the following:

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.1 The construction, repair, maintenance or alteration of any public structure,facility or land, including park land, open space, roads or trails;

.2 The construction, repair, maintenance or alteration of public utility works,including sanitary sewer, storm sewer, water, natural gas, cable, hydro-electric or telecommunications works;

.3 An area where the applicant can demonstrate that the conditions of theWDP Area have already been satisfied, or a development permit for thesame area has already been issued in the past and the conditions in thedevelopment permit have all been met, or the conditions addressed in theprevious development permit will not be affected;

.4 A letter is provided by a QEP confirming that there is no watercourse orriparian area as defined by the Riparian Areas Regulation on the parcel ofland.

.5 The activity is limited to the environmentally sensitive removal of trees andshrubs designated as hazardous by a professional forester or professionalbiologist registered in British Columbia and certified by the Wildfire DangerTree Committee for Danger Tree Assessment in Urban and Recreational

Areas, in accordance with Provincial “Firesmart” standards or those treesand shrubs designated as host trees by the Sterile Insect Release Programas recommended in a report submitted to the Regional District.

.6 Environmentally sensitive removal of infested, diseased, or hazardous treesin accordance with Best Management Practices for Tree Topping, Limbingand Removal in Riparian Aras (Provincial guidelines) as indicated in areport by a QEP or ISA certified Arborist with the provision of environmentalmonitoring to ensure the tree removal is carried out in accordance with the

report recommendations..7 Development Permit provisions do not apply to activities such as gardening

and yard maintenance activities within an existing landscaped area, such asmowed lawns, minor pruning of trees and shrubs, planting vegetation andminor soil disturbance that does not alter the general contours of the land.

.8 Development and land alteration proposals for which an authorization byDFO and HADD has been granted.

19.3.7 Variances to Protect the SPEA

The Regional District encourages Development Variance permit (DVP)

applications for the relaxation of zoning (parcel line) setbacks on existing smalllots in order to reduce impacts and preserve the SPEA.

19.3.8 Expedited Development Permit

In the following cases the Regional District may issue a development permitwithout the provision of an Assessment Report, and the Regional District mayrequire security and environmental monitoring under Section 19.3.5:

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.1 Where the development applicant provides a sketch or plan prepared by aB.B. Land Surveyor or QEP indicating to the Regional District’s satisfactionthat no physical alteration of land is proposed within the WatercourseDevelopment Permit Area or within any RAA within the WatercourseDevelopment Permit Area, in which case the development permit must

indicate by means of a sketch or plan the area of the land to which physicalalterations are restricted;

.2 Where the applicant proposes to reconstruct, repair, alter or add to anexisting permanent building or other structure without increasing thefootprint of the building or structure within any RAA or within a SPEAidentified in a riparian area assessment previously provided to the RegionalDistrict, in which case the development permit must indicate by means of asketch or plan the location and extent of the footprint;

.3 Where the applicant proposes a subdivision of land that adjusts an interiorlot line and each proposed lot provides, outside any RAA, a buildingenvelope of sufficient area to permit the construction fo a building ofreasonable floor area complying with all building siting regulationsapplicable to the lot, in which case the development permit must indicate bymeans of sketch or plan the proposed lot configuration and the location ofthe building envelope;

.4 Where the applicant proposes a subdivision of land in which each proposedlot complies with the applicable minimum parcel area and width regulationsexclusive of any area within the Watercourse Development Permit Area andno land alteration is proposed within that area, in which case thedevelopment permit must indicate by means of a sketch or plan theproposed subdivision layout and the area of the land to which physical

alterations are restricted;.5 Where the applicant proposes a subdivision of land in respect of which no

land alteration is proposed within any RAA, in which case the developmentpermit must indicate by means of a sketch or plan the area of the land towhich physical alterations are restricted; and

.6 Where the applicant proposes to restore the natural environment basedupon a planting plan completed by a QEP and submitted to the RDOS forapproval.

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Schedule ‘C’ Watercourse Development Permit Area

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20.0 GREEN HOUSE GAS REDUCTION xv

20.1 Background

The scientific community has a general consensus that the increasing emissionsof human-caused greenhouse gases (GHG) are rapidly changing the earth’sclimate. Greenhouse gases refer to any or all of carbon dioxide, methane,nitrous oxide, hydro fluorocarbons, perfluorocabrons, sulphur hexafluoride andany other substance prescribed by regulation. Globally, the impacts of climatechange will be significant, and are already evident in some areas. Locally, thepotential impacts and vulnerabilities are less well documented; however they area growing concern. As one of 175 local governments that are signatory to theB.C. Climate Action Charter, the RDOS is committed to reducing GHGs and hasagreed to take actions to achieve certain goals. In order to address growingconcerns regarding climate change, B.C.’s Local Government Act was amendedin 2008 to require all Official Community Plans to set targets for the reduction ofgreenhouse gases, as well as policies and actions to achieve the targets inaccordance with Provincial Bills 44, 27, and the Climate Action Charter.

20.2 Objectives

.1 Understand the likely impacts and vulnerabilities of regional climate changewithin Electoral Area ‘D-1’.

.2 Reduce greenhouse gas emissions measurably within Electoral Area ‘D-1’.

.3 Achieve carbon neutral local government operations by 2012.

.4 Promote and provide community outreach and education related to ClimateChange and reduction of Greenhouse Gas Emissions.

20.3 Policies

The Regional Board:

.1 Will work towards the target of reducing GHG emissions by 20% below2007 levels by 2030.

.2 Will work with other agencies, stakeholders and the community to achieveemission reduction targets and energy conservation goals by encouraging:

a) the construction of energy efficient buildings;b) improvements to the energy efficiency of existing buildings;

c) the increased use of alternative energies;

d) energy efficient developments;

xv Amendment Bylaw No. 2561, 2011 – adopted February 16, 2012

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e) improvements to alternative transportation amenities;

f) the use of fuel-efficient vehicles;

g) reduction and diversion of waste from landfills;

h) maximizing value from agricultural wastes;

i) the development of more compact and complete communities;

j) the protection and restoration of natural areas and forest ecosystems;and

k) the protection of riparian areas and sensitive habitats.

.3 Will work towards a corporate GHG reduction strategy to achieve carbonneutral operations by 2012.

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 77

21.0 FUTURE LAND USE PLAN DESIGNATIONS

21.1 Background

The future use and the development of land within the Kaleden-Apex SouthwestSector Official Community Plan will be consistent with the generalized pattern ofland uses depicted on the Future Land Use Plan Maps 14, 15, 16, and 17.

Note: The Regional board acknowledges that some existing land uses do notconform to the designations shown on the Future Land Use (Maps 14, 15, 16, and17). The intent of the Regional Board is not to change the use of this land in theimmediate future but to illustrate the preferred future pattern of land use asdevelopment and redevelopment occurs in the plan area.

21.1.1 Resource Area

The Resource Area designation applies to private land, Crown land, and theOkanagan Provincial Forest, and is comprised of large parcels of land which havenot been surveyed, and which are currently used for:

.1 forestry;

.2 agriculture, including livestock grazing;

.3 fish and wildlife habitat;

.4 mineral, placer and aggregate extraction;

.5 community water sheds;

.6 recreation and tourism;

.7 large holdings, isolated farm units and ranch lands having a parcel size of 20ha, or greater.

Resource Area designation corresponds to the specific uses listed in the RA zonein the Zoning Bylaw.

21.1.2 Agriculture

The agriculture designation applies to land used for an agricultural operation or

activity generally including the production of livestock, poultry, farmed game, furbearing animals, crops, fruit, grain, vegetables, milk, eggs, honey, mushrooms,wood and fibre crops, and horticultural and aquacultural products, as well asactivities associated with the production and processing of these items. Agriculturedesignated lands include all land in the A gr icultural Land Reserve, and those landszoned AG1 or AG3 in the Zoning Bylaw . xvi

xvi Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011

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21.1.3 Large Holdings

Large Holdings means large parcels of land generally used for rural residential,hobby farming, agriculture, resource management, and home industry uses and

other uses specifically listed in the LH zone found in the Zoning Bylaw . LargeHoldings areas are located outside of the Agricultural Land Reserve.

21.1.4 Small Holdings

Small Holdings means medium sized parcels of land generally used for ruralresidential, hobby farming, agriculture, resource management, and home industryuses and other uses specifically listed in the SH2 and SH3 zones located in theZoning Bylaw . Small Holdings areas are located outside of the Agricultural LandReserve.

21.1.5 Residential – Low Densi ty

The Residential - Low Density designation generally includes single detacheddwellings, mobile homes, duplexes, and complementary secondary uses such asdaycares, preschools, and small parks which are integral parts of a low densityresidential neighbourhood; and corresponds to the specific uses listed in the RS1,RS2, RS3, RC, and RSM1 zones contained in the Zoning Bylaw .

21.1.6 Residential – Medium Densi ty

The Residential - Medium Density designations generally include townhouses,duplexes, triplexes, fourplexes, and those complementary secondary uses such asday cares, preschools, and small parks, which are integral parts of a mediumdensity area; and corresponds to the specific uses listed in the RM1 zone found inthe Zoning Bylaw .

21.1.7 Mixed Use Apex Alpine

The Mixed Use Apex Alpine designation generally incorporates mixed residential,institutional and commercial lands in the Apex Mountain Recreation area. Thedesignation includes a range of housing forms from row housing to apartments,

mixed use recreation and commercial uses, natural open spaces, andadministrative/cultural/institutional uses; and corresponds to the specific uses listedin the mixed use RMU zone in the Zoning Bylaw .

21.1.8 Commercial

The Commercial designation includes convenience or neighbourhood commercialuses located within townsites or communities; and highway commercial business

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 79

located along Highway 97 and Highway 3A; and corresponds to the specific useslisted in the C1, and C4 zones in the Zoning Bylaw .

It also includes hotels, motels, resorts, campgrounds, tourist recreation areas, andother complementary secondary uses such as restaurants and gift shops; andcorresponds to the specific uses listed in the CT1, CT4 and RR zones in the ZoningBylaw .

21.1.9 Administrative, Cultural and Institutional

The Administrative, Cultural and Institutional designation includes public, non-profitor utility uses such as schools, churches, recreation facilities, community centres,public health facilities, community care facilities, fire halls, libraries, post offices, theDominion Radio Astrophysical Observatory and local government andimprovement or irrigation district buildings; and corresponds to the specific useslisted in the AI and CRA zones in the Zoning Bylaw .

21.1.10 Parks and Recreation

The Park and Recreation designation category applies to a number of Provincialparks, local parks and private use recreational facilities, and any additional landrequired for public use; and corresponds to the specific uses listed in the CA, andPR zones in the Zoning Bylaw .

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KALEDEN-APEX SOUTHWEST SECTORFUTURE LAND USE PLAN

MAP 14

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 81

KALEDEN AREA FUTURE LAND USE PLANMAP 15

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 82

APEX AND FARLEIGH LAKE AREASFUTURE LAND USE PLAN

MAP 16

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 83

TWIN LAKES AND PRATHER LAKE AREASFUTURE LAND USE PLAN

MAP 17

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Kaleden-Apex Southwest Sector OCP Bylaw 2456, 2008 84

22.0 IMPLEMENTATION

22.1 Introduction

The OCP sets out statements on the broad objectives, polices and directions forthe Plan area, but does not provide the tools for implementing its policies. TheRDOS has a number of tools and methods available for implementing the Plan.The purpose of this section is to set out specific steps the RDOS can take toimplement this Plan. Some of the steps include refining the Plan; changingexisting bylaws; adopting new bylaws; conducting studies to obtain moreinformation and direction; and working closely with other jurisdictions andgovernment agencies. Some of the specific steps are set out in the subsectionsbelow.

22.2 Refinements

The RDOS will consider refinements to this OCP. These refinements mayinclude but are not limited to the following:

.1 Annual assessment of the Kaleden-Apex Southwest Sector OCP to determinearea revisions;

.2 Ongoing maintenance of data regarding growth and development activities inthe plan area;

.3 Review of annual budget and program directions, and where applicable, consultwith outside agencies, to ensure the plan’s implementation;

.4 Comprehensive review and update of the Kaleden-Apex Southwest SectorOfficial Community Plan no longer than 5 years after adoption, to ensure thePlan addresses the current needs and aspirations of the community andacknowledges changing local and external conditions;

.5 Liaison with the Electoral Area ‘D’ Advisory Planning Commission to monitorpotential changes to the plan;

.6 A block application for the exclusion (where the land owner is in agreement) oflands from the ALR where the Provincial Agricultural Land Commission hasidentified them as not being part of the long term agricultural strategy.

22.3 Zoning BylawThe Zoning Bylaw sets out the density of development on a parcel of land, aswell as specifying the permitted uses allowed. It also contains specificregulations that control the size, siting and various other details of developmenton a parcel of land. The Zoning Bylaw will be updated to ensure consistencywith the OCP and to implement portions of the Plan.

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22.4 Servicing Bylaw

The RDOS Servicing Bylaw sets out minimum standards for roads, sidewalks,curb and gutter, water systems, sewer systems, storm drainage, and streetlighting. Subdivisions must meet these standards before they are approved. TheServicing Bylaw will need to be reviewed and amended where necessary toensure that it works to implement various policies in the Plan, particularly withrespect to servicing levels related to parcel sizes.

22.5 Other Agencies

The RDOS will work with Provincial, Federal and other agencies to helpimplement and complement portions of the Plan.

22.6 Monitoring

The OCP should be monitored on an ongoing basis by the RDOS Board and theElectoral Area ‘D’ Advisory Planning Commission. The OCP should be revisedwhen necessary to ensure it addresses current needs and aspirations of thecommunity and reflects changing local and external conditions. In support of thisinitiative, the RDOS will monitor:

.1 population growth and demographic changes;

.2 land supply / demand;

.3 changing housing requirements;

.4 economic, social, and environmental factors; and

.5 refine or amend the Plan accordingly as resources permit.

~ end of Schedule ‘A’ ~