DISTRICT OF PEACHLAND COMMITTEE OF THE WHOLE

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					                                                        DISTRICT OF PEACHLAND
                                                   COMMITTEE OF THE WHOLE AGENDA
                                                   Council Chambers – Community Centre
                                                         4450-6th Street Peachland
                                                   Tuesday, February 23, 2010 at 9:00 A.M.
Page

          1.   CALL TO ORDER

          2.   AMMENDMENTS TO AGENDA

          3.   APPROVAL OF THE AGENDA

          4.   PRESENTATIONS AND DELEGATIONS

          5.   ADOPTION OF MINUTES
3-9            a)   COTW Meeting held Tuesday, February 9, 2010

          6.   REPORTS / DISCUSSION
11-29          a)   Water Rates: Large Properties in the Grey Area (Non-ALR)
                    Dan Huang, Urban Systems
31-46          b)   Beach Avenue Multi-Use Walkway Project
                    For Information
                    Jan Enns, Communications Consultant
                    Dan Huang, Urban Systems
47-48          c)   Development Permit 2010/10, 001 - Multi-Purpose Walkway
                    Request for Decision
49-68          d)   Peachland Community Curling & Multi-Use Facility Loan Authorization Bylaw
                    Request for Decision
69-71          e)   Peachland Community Arts Council
                    Discussion: Community Arts Council's Marquee Tent
73-75          f)   Peachland Players
                    Discussion: Peachland Primary School Usage
77-79          g)   Primary School Implementation Committee
                    Request for Decision
81-128         h)   Bylaw No. 1934 Soil Deposit and Removal
                    Request for Decision
129-130        i)   Aggregate Supply and Demand Study
                    Request for Decision
131-141        j)   Property Damage Claim: 6288 Bulyea Avenue
                    Request for Decision

          7.   ADJOURNMENT




                                                                                    Page 1 of 141
Page 2 of 141
                                                                 Agenda Item # 5a)

                    THE CORPORATION OF THE DISTRICT OF PEACHLAND

                           Committee of the Whole Meeting Minutes
                          Held Tuesday, February 9, 2010 at 9:00 a.m.
                   In the Council Chambers, Peachland Community Centre
             ____________________________________________________________

PRESENT:      Chair Mayor Fielding, Councillors Bell, Fraser, Hurd, Moberg and Schierbeck

              CAO Elsie Lemke
              Corporate Officer Polly Palmer
              Director of Finance Doug Pryde
              Director of Operations Doug Allin
              Director of Planning & Development Dave Smith
              Fire Chief Grant Topham

ABSENT:       Councillor Condon


CALL TO ORDER:       Chair Fielding called the meeting to order at 9:00 a.m.

APPROVAL OF          MOVED by Councillor Bell:
THE AGENDA
                     THAT the Agenda be approved as circulated.
                                                                                            CARRIED.

                     PRESENTATIONS AND DELIGATIONS

                     Nil.

                     ADOPTION OF MINUTES

COTW MINUTES         MOVED by Councillor Fraser:

                     THAT the minutes from the COTW meeting held Tuesday,
                     January 26, 2010 be adopted as circulated.

                                                                                            CARRIED.

                     REPORT / DISCUSSION

BYLAW NO. 1934       CAO Elsie Lemke presented the draft Soil Deposit and Removal Bylaw and
SOIL DEPOSIT         draft Extraordinary Traffic Bylaw.
AND REMOVAL
                     COTW reviewed the draft Soil Deposit and Removal Bylaw and made
                     the following comments:
                          • Pg 14 – spelling correction “arial spraying”
                          • Section 4e – request explanation of the definition
                          • Section 7b – change to include “health”
                              Section 8, Application of Bylaw – needs to speak to removing soil from
                              one parcel in the District to another parcel in the District
                          • Section 19 – comma after permit
                          • Would like to see a Stop Work Order for more immediate action
                          • Fees in Section 33 & 35 – add that fines may be levied as well
                          • Section 36 Security – maximum of $10,000 is not enough




 COTW Meeting held Tuesday, February 9, 2010                                   Page 3 of 141
                                                                     Agenda Item # 5a)

COTW Meeting Minutes
February 9, 2010
Page 2
                         •   Section 42 – Insurance should be non-cancellable certificate of
                             insurance
                         •   Section 47 – would like to see immediate closure if offence is sufficient
                         •   Section 48 – 51 Reconsideration – would like shorter time frame to get
                             commercial operation back in business

                     CAO will check with the District’s solicitor on the requested changes to the draft
                     Soil Deposit and Removal Bylaw and report back to COTW.

                     Draft amendment to Traffic Bylaw 1856, 2007 referred to as Extraordinary Traffic
                     will provide information, direction and regulatory capacity that the District will
                     potentially have to regulate traffic.

MOTION               MOVED by Councillor Moberg:

                     THAT staff review the issues and questions regarding the draft Soil Deposit
                                                                                th
                     Removal Bylaw, that were brought up at the February 9 , 2010 COTW meeting
                     and consult with the District’s Solicitor and report back to COTW.
                                                                                           CARRIED.

EBA                  Mr. Babuin from EBA Engineering Consultants provided a power point
ENIGNEERING          presentation summarizing a roadway condition assessment undertaken by
                     EBA Engineering for the District of Peachland on Princeton Avenue, located
                     within the District of Peachland.

                     It was noted that:
                      • At current traffic levels, the end of useful pavement life predicted to be 7-8
                          years
                      • At increase of commercial traffic, the end of useful life predicted to be 3-5
                          years
                      • At current traffic levels, pavement rehabilitation program would cost $0.85 M
                      • At increase commercial traffic levels, pavement rehabilitation program would
                          cost $1.40

RECESSED             Meeting recessed at 10:19 am
RECONVENED           Meeting reconvened at 10:39 am


WATER RATES          Director of Finance Doug Pryde presented a report recommending first, second
BYLAW NO. 1931       and third readings of the Water Rates Bylaw Number 1931, 2010.
                                                                th
                     Green Credit Report dated September 28 , 2008 was presented providing
                     Information on the green credit program and the administrative challenges
                     associated with implementation.

                     Dan Huang from Urban Systems provided a Water Rate Structure report
                     addressing the concerns from the January 26, 2010 COTW meeting. The
                     report provided the logic behind using the current rate structure for multi-
                     family dwellings.




 COTW Meeting held Tuesday, February 9, 2010                                   Page 4 of 141
                                                                  Agenda Item # 5a)

COTW Meeting Minutes
February 9, 2010
Page 3

WATER RATES          Mayor Fielding was satisfied with the method of determining the water rates
CON’T                for multi-family units as explained in Urban System’s report.

                     Discussion ensued relative to:
                     •   Water is a self funded utility
                     •   No one on multi-family uses more than 400 metre per unit

                     The following letters were received by the District opposing the water rate
                     structure:
                     •    John Humphries, January 22, 2009
                     •    John Humphries, January 26, 2010
                     •    Clive Sutherland, February 4, 2010
                     •    Earl Sutherland, February 4, 2010
                     •    Harold E. Wirick, February 4, 2010

                     The following members of the public addressed the COTW in opposition
                     of the water rate structure as presented:

                     Linda Heatherington
                     John Humphries
                     Clive Sutherland, owner of 30 acre cherry orchard on Princeton Ave
                     Dwayne Gardner, owner of 1 acre
                     Jim Berg

                     Summary of opposition was relative to:
                     • Water Rates for larger properties are too high
                     • Mock billings for larger properties have double with the proposed rate
                        structure
                     • Requesting the number in actual billings and the numbers in mock billings
                     • It was proposed that residents should be allowed to use the amount of water
                        that is needed to their situations without a penalty
                     • Do not agree with tier system in the water rates structure
                     • Cherry Orchard owner is using less water than is recommended for growing
                        cherries
                     • Peachland claims to have a large amount of water supplies


                     Discussion ensued relative to:
                     • Revenue that is required through water rates are for operating costs
                         only and not for capital projects
                     • The new water rates structure will remove the current acreage fee
                     • Environment and Health have requirements placed on the District’s water
                         system
                     • There are costs in providing water to the residents
                     • Peachland is part of a larger Okanagan Water Basin and must act
                         responsibly with water supply
                     • There may be special cases or anomalies where some people pay more
                     • Green credits may help to address these situations

                     Properties with fruit trees less than 2 acres – non-farm status, 2009 mock
                     irrigation costs were compared. Out of six properties compared the cost of water



 COTW Meeting held Tuesday, February 9, 2010                                   Page 5 of 141
                                                                   Agenda Item # 5a)

COTW Meeting Minutes
February 9, 2010
Page 4
                   per tree for one growing season varied from the lowest of $6.28/tree up to the
                   highest of $141.75/tree.

MOTION                 MOVED by Councillor Fraser:

                       THAT staff be directed to supply the COTW an information report regarding
                       large properties in the grey area (non ALR) of the water rates.
                                                                                             CARRIED.
VISITORS               CAO, Elsie Lemke presented a report recommending that the District
INFORMATION            enter into the Visitor Information Services, Fee for Services Agreement
CENTRE                 with the Peachland Chamber of Commerce for a 3 year period.
SERVICE
AGREEMENT
                       It was noted that:

                       •   The new agreement is for a 3 year term with an option to renew for an
                           additional 1-3 year term
                       •   There will be an annual closure between Christmas and New Years
                       •   Reduce general liability to 2 million
                       •   Amend signage requirements

                       President of the Chamber of Commerce, Rob Campbell and Loretta
                       Robinson from the Visitors Information Centre gave a presentation.

                       It was noted that:

                       •   The District regularly awards $40,000 per year through the Civic Grants
                           Program
                       •   Request from Visitor Information Services, for an additional amount in order
                           to participate in tourism marketing opportunities such as inclusion in the
                           Thompson Okanagan Guide, 16-24 page Peachland Guide and possibly a
                           relocation or destination package

                      Discussion ensued relative to:

                       •   COTW complimented the exceptionally hard working group of volunteers in
                           the Visitors Information Centre/Chamber of Commerce
                       •   Councillor Condon supports the Visitor Information Centre marketing for
                           tourism, but feels $40,000 is too much money

MOTION                MOVED by Councillor Hurd:

                      THAT COTW recommends that Council approve entering into the Visitor
                      Information Services, Fee for Services Agreement with the Peachland
                      Chamber of Commerce, for a period of three (3) years commencing on
                      January 1, 2010, in the amount of:

                      2010: $45,000
                      2011: $45,900
                      2012: $46,818
                                                                                          CARRIED.
                                                                       Councillor Condon OPPOSED.




 COTW Meeting held Tuesday, February 9, 2010                                   Page 6 of 141
                                                                   Agenda Item # 5a)

COTW Meeting Minutes
February 9, 2010
Page 5


AAP                  Director of Corporate Services, Polly Palmer presented the Certificate of
CURLING              Sufficiency for the Curling Club Alternative Approval Process.
RINK
                     It was noted that:
                      • As of the deadline the Corporate Officer received 558 signatures opposing
                          the District guaranteeing the Curling Club mortgage for the construction
                          period of the proposed curling rink
                      • In order for the District to guarantee the Curling Club mortgage the Corporate
                          Officer needed to receive less than 10% (399) of the qualified electors
                          signatures

MOTION               MOVED by Councillor Condon:

                     THAT COTW recommends that Council receive the Certificate
                     of Sufficiency dated January 29, 2010 pertaining to the District
                     proceeding with the Peachland Curling Club Loan Guarantee,
                     which guarantees repayment of their mortgage of $1,333,000.,
                     during the construction period of the proposed Curling Rink; and

                     THAT the Corporate Officer certifies that a sufficient amount
                     of signatures (558) having been received opposing the District
                      proceeding with the Peachland Curling Club Loan Guarantee.
                                                                                             CARRIED.

                     The Mayor presented 4 options for the COTW to discuss.

                     Option No. 3 – Referendum Option where the District builds a Curling Rink as a
                     Community Facility operated by a contractor.

                     Discussion ensued relative to:
                     • The referendum will focus on the Curling Rink being a Community
                         Facility
                     • Provide clear complete information so that the electors can make
                         an informed decision
                     • Background material, capital costs, operating costs and the impacts
                         these costs will have on the electors

MOTION               MOVED by Councillor Moberg:

                     THAT COTW recommends that Council direct staff to prepare for a Referendum
                     for the borrowing of $1,333,000 to build a Community Curling Facility as follows:

                     •   Pay back $1,333,000 over 25 years from taxation
                     •   Contract with a third party to manage the facility for the benefit of the whole
                         community
                     •   Peachland Curling Club block bookings by negotiated contract
                     •   Facility to be available for a variety of community uses in the off season

                                                                                              CARRIED.




 COTW Meeting held Tuesday, February 9, 2010                                    Page 7 of 141
                                                                  Agenda Item # 5a)

COTW Meeting Minutes
February 9, 2010
Page 6

RECESS               Recessed meeting for lunch at 1:05 pm
RECONVENED           Reconvened meeting at 1:37 pm


SEWER RATES          Director of Finance presented a report recommending first three
BYLAW NO. 1935       reading approval to the Sewer Rates Bylaw No. 1935, 2010

                     Discussion ensued relative to:
                     • Interest rate for latecomers is calculated at Bank of Montreal Prime
                         Interest rate plus 3%
                     • User fee is assessed at time of hook up


                     MOVED by Councillor Condon:

                     THAT the COTW recommends that Council give three readings to
                     Sewer Rates Bylaw Number 1935, 2010; and

                     THAT Sewer Rate Bylaw No. 1671, 2003 and all its amendments
                     be repealed.
                                                                                             CARRIED.

OCP AMEND            Director of Planning & Development, Dave Smith presented a report
BYLAW NO. 1933       outlining an OCP amendment that addresses greenhouse gas reduction
GREENHOUSE           (GHG) targets for the District of Peachland.
GAS REDUCTION
TARGETS
                     It was noted that:
                      • The District signed the BC Climate Action Charter to commit to become
                          carbon neutral in corporate operations by 2012
                      • The proposed bylaw uses Provincial GHG reduction targets

                     MOVED by Councillor Bell:

                     THAT the COTW recommends that Council five first and second readings
                     to Official Community Plan Bylaw No. 1600, 2000 amendment Bylaw No.
                     1933, 2010; and

                     THAT staff be directed to set a date for a Public Hearing.
                                                                                             CARRIED.

PRINCETON            Director of Operations Doug Allin presented a staff report regarding
AVENUE               Princeton Avenue Traffic
TRAFFIC
                     It was noted that:
                      • Due to unseasonably warm weather and early thawing and freezing, the
                          Director of Operations has given notice and posted signs informing 70%
                          load restrictions on all municipal roadways


REIMBURSEMENT        Fire Chief Grant Topham presented a report regarding 2009 Wildfire
2009 WILDFIRES       reimbursement for the Fire Chief and Peachland Firefighters



 COTW Meeting held Tuesday, February 9, 2010                                      Page 8 of 141
                                                                   Agenda Item # 5a)

COTW Meeting Minutes
February 9, 2010
Page 7

                      It was noted that the reimbursement applies to the difference in rates as
                      per the Provincial Emergency Preparedness Program

MOTION                 MOVED by Councillor Condon:

                      THAT COTW recommends that Council authorize the payment of wages
                      for the Fire Chief for the hours at the Emergency Operations Centre (EOC)
                      during the 2009 West Kelowna and Terrace Mountain wild fires.
                                                                                            CARRIED.

                      MOVED by Councillor Condon:

                      THAT COTW recommends that Council authorize the payment of wages
                      for Peachland Fire and Rescue Services firefighters during the 2009 wildfires
                      at West Kelowna and Terrace Mountain areas.

                                                                                              CARRIED.

DEEP CREEK            Director of Operations Doug Allin presented a report requesting early
BRIDGE                budget approval for the replacement of the Deep Creek bridge. The
REPLACEMENT           bridge has been assessed with the engineers report recommending
                      replacement.

                      MOVED by Councillor Fraser:

                      THAT the COTW recommends that Council grants early budget approval
                      for $427,000 for the replacement of the Deep Creek bridge.
                                                                                      CARRIED.
DEEP CREEK            MOVED by Councillor Condon:
BRIDGE WATER
MAIN                  THAT COTW recommends that Council grant early budget approval for
                      $60,000 for the installation of a 200 mm water main as part of the Deep
                      Creek bridge replacement.
                                                                                            CARRIED.

2010 OPERATING        Director of Operations Doug Allin reviewed the Operations Department
BUDGET                2010 financial plan and explained variances.

                      It was noted that 2009 Public Works operating budget has a surplus due
                      to the lack of snow removal this year.

ADJOURNMENT            MOVED by Councillor Moberg:

                       THAT the Committee of the Whole Meeting adjourn at 2:25 pm
                                                                                              CARRIED.


Certified Correct.     _____________________                   ________________________
                       Mayor                                   Corporate Officer

Dated at Peachland, B.C.
This     day of      , 2010.



 COTW Meeting held Tuesday, February 9, 2010                                   Page 9 of 141
Page 10 of 141
             #500 - 1708 Dolphin Avenue, Kelowna, BC V1Y 9S4
                                                                                Agenda Item # 6a)
             Telephone: 250-762-2517 Fax: 250-763-5266




 MEMORANDUM

date:           February 15, 2010
to:             Doug Allin, District of Peachland
cc:
from:           Dan Huang
file #:         0655.0142.01
subject:        REVISED WATER RATE STRUCTURE


During a discussion with respect to the proposed water rate structure in the District of Peachland at the
Committee of the Whole Meeting on February 9, 2010, the following resolution was passed:


           “THAT COTW directs staff to forward a report to the COTW with information regarding
           large properties in the grey area (non ALR) of the water rates.”


Background
The District of Peachland, as a member of the Westside Joint Water Committee, has initiated a program
of Universal Water Metering for all residential, non-residential, and agricultural properties within the
municipality. Water meters are an integral part of the Water Master Plan endorsed by Council in 2007, as
they will assist in achieving the District’s goal of 25% water conservation to promote sustainability of the
resource and financial viability of future capital improvements.


In 2008, the District began reviewing its water usage in order to establish a potential water rate, based
on the following guiding principles:


    o      Promote water conservation while still maintaining a level of landscaping in the community
    o      Establish a rate structure which promotes conservation while not being overly punitive
    o      Protect agriculture as a community resource – agricultural rate structure based on ALR properties
           and bona fide agricultural operations (BC Assessment Authority Class 9 Farm properties)
    o      Provide a certain degree of equity that reflects different land uses
    o      Maintain overall rate stability (based on fluctuating demands by season / land use) for the long-
           term operation of the water utility


The District has installed over 2000 water meters for its customers, the majority of which are domestic
residential meters. Approximately 135 irrigation meters were installed, based on those properties who are
currently levied an acreage charge. Of that total, 90 are located on properties which are not in the ALR
nor retain Class 9 (farmland) assessment with the BC Assessment Authority; and 54 of these (less than
3%) are properties between 0.5 and 2.0 acres with significant landscaping. These are the properties
which Council identified as the “grey area”, and requested a review of usage patterns and options for
water rates.



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  Water Rates: Large Properties in the Grey Area (Non-ALR)                                    Page 11 of 141
MEMORANDUM
                                                                                Agenda Item # 6a)
Doug Allin, District of Peachland
0655.0152.01
February 15, 2010
Page 2 of 5



Review of “Grey Area” Parcels
A review of Q3 outdoor water usage for these properties indicates that the grey area parcels used
approximately 8% of total water demands in the District (or just over 66,000 cubic metres), from July to
September 2009. The average outdoor use for the properties in question during this time was 900 cubic
metres (900,000 litres), with a median of 640 m3 (640,000 litres). The highest water usage of the group
was 4298 m3 (~4.3 million litres) and the lowest was 0m3. There is clearly quite a bit of variation in
outdoor water usage on these properties (as shown in the information previously provided to Council),
and is likely dependent on individual vegetation, topography, soil conditions, and watering practices.


There are a myriad of options should Council wish to consider providing a subsidy for properties in this
category. Two relatively simplistic options are to cap the irrigation water rate at a fixed (i.e. non-
escalating) amount. For example, Council could set the irrigation rate for these properties at $0.30 cents
per cubic metre (Option 1), or $0.15 cents per cubic metre (Option 2). Based on 2009 Q3 usage patterns,
the results would be as follows.


2009 Q3 outdoor usage for grey area              Mock Bill for          Option 1 -           Option 2 -
                                                                               3
properties                                         2009 Q3           $0.30/m fixed        $0.15/m3 fixed
Average use = 900 m3                                    $370.00              $270.00              $135.00
                          3
Average use = 640 m                                     $240.00              $192.00                $96.00
                           3
Highest use = 4298 m                                  $2,069.00            $1,289.00              $644.00
                      3
Lowest use = 0 m                                               $0                    $0                    $0


As affordability (while promoting conservation) is one of the guiding principles of the water metering
program, Council could consider one of the above options in setting the water rates for 2010. It should
be noted that there are a handful of additional “grey area” properties (over 0.5 acres but not in the ALR
or having farm status) that currently do not have a separate irrigation meter. If Council chooses one of
the options above, it should also consider allowing those other large properties to install (at their own
expense) an irrigation meter and be afforded the special rate.


Option 3 – Green Credit
At the February 9th Committee of the Whole Meeting, Council reviewed a report prepared by District staff
with respect to a potential Green Credit for food-producing properties. Council may choose to implement
one of the options above (or provided a different irrigation rate altogether) based on a series of criteria
directly related to food production. For example, Council may provide a Green Credit based on Option 2
above, with a $0.15/m3 fixed outdoor irrigation rate for food-producing properties providing that they
meet the following suggested criteria:




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  Water Rates: Large Properties in the Grey Area (Non-ALR)                                    Page 12 of 141
MEMORANDUM
                                                                                Agenda Item # 6a)
Doug Allin, District of Peachland
0655.0152.01
February 15, 2010
Page 3 of 5



         o    At least one-half of the total area available for cultivation is devoted to the production of
              food;
         o    The area devoted to food production is at least 0.25 of an acre; and
         o    A water-efficient (e,g, micro-jet, drip irrigation) system is employed to irrigate all cultivated
              areas.


Given the criteria above, discussions with District staff indicate that administering this type of program
would not be overly time-consuming (e.g. about 25-30 properties); see attached inventory of large non-
ALR/non-farm properties conducted in 2008. There may potentially be some properties which do not fit
the criteria above which Council has heard from at the February 9th COTW meeting, such as a hay farmer
(providing food for animals) who is not in the ALR and does not have Class 9 farm status (they would not
be able to irrigate with a micro-jet system). Council may wish to set up an appeal process to address
these specific issues on a case-by-case basis.


Agricultural Rate Review
At the COTW meeting, Council also heard from bona-fide farmers expressing concern over the proposed
agricultural rate, currently set at $0.05 per cubic metre (fixed rate). The rate was established so that the
average agricultural user would not be paying more than the current rate. Following the meeting, a
review of the proposed rate/usage was undertaken on the highest agricultural user, and it was
determined that the $0.05 per m3 rate would result in an approximately 10% increase in the total 2010
water rate for the subject property (about $207). In order to mitigate this potential increase, Council may
choose to reduce the agricultural rate for bona-fide agriculture (ALR and Class 9 farm properties) to
$0.04 per m3, which would ensure that no current agricultural users would be paying more than they did
in the 2009 season (as long as their usage was the same or less).


Financial Impact of Options
As discussed at the COTW meeting, the proposed water rate structure is designed to generate revenues
only for the budgeted annual operating costs of the utility, and not for major capital upgrades (e.g. water
treatment plant). The estimated 2010 operating costs of the utility are approximately $830,000; with an
additional 10% contingency (“safety factor”), the projected target revenue stream is $910-915,000.


To achieve this revenue target, the proposed 2010 water rate structure is currently as follows:
    o    Residential Base Rate = $18.50 per month ($55.50 per quarter)
    o    Consumption Rate = $0.30 per cubic metre, for the first 400 m3 per quarter
    o    Consumption Rate above 400m3 = $0.50 per cubic metre
    o    Non-residential (mobile home, apartment, commercial, institutional, industrial) = Base Rate
         determined by meter size
    o    Non-residential Consumption Rate = $0.30 per cubic metre
    o    Agricultural Rate for bona fide (Class 9) farming or ALR = $0.05 per cubic metre

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  Water Rates: Large Properties in the Grey Area (Non-ALR)                                    Page 13 of 141
MEMORANDUM
                                                                                Agenda Item # 6a)
Doug Allin, District of Peachland
0655.0152.01
February 15, 2010
Page 4 of 5



Should Council choose one or more of the options identified in this memo, there will be potential revenue
impacts on the water utility, which could be made up through additional revisions to the base rate. The
following table summaries the estimated financial impacts of the options presented:


Options for Consideration                                                      Estimated Revenue Impact
                       3
Option 1 – $0.30 m fixed irrigation rate for “grey area”                                           - $17,000 (approx.)
properties
Option 2 – $0.15 m3 fixed irrigation rate for “grey area”                                          - $32,000 (approx.)
properties
Option 3 – Green Credit, with fixed irrigation rate for                             To Be Determined depending on
qualifying properties                                                                                 qualifying criteria
                                    3
Agricultural Rate at $0.04 m for bona-fide agricultural                                             - $3,000 (approx.)
properties
Increase Residential Base Rate from $18.50 to $19.50 per                                          + $22,000 (approx.)
month ($55.50 to $58.50 per quarter)
Increase Residential Base Rate from $18.50 to $20.00 per                                          + $34,000 (approx.)
month ($55.50 to $60.00 per quarter)



Summary
One of the purposes of the water metering program is to complement the vision and goals for water
conservation contained in the Water Master Plan, endorsed by Council in 2007. We have heard a number
of statements with respect to the relative abundance of water supply for the District, which is true when
compared to some of our neighbours within the Okanagan Basin. However, source supply is just one of
the components of the entire water system, which also includes treatment, reservoir storage, and
distribution to every residence and business within the District of Peachland. Given the extreme
summertime water demand in the District (4 to 5 times winter usage), significant reductions in outdoor
domestic irrigation have been targeted in order to shave millions of dollars in capital upgrades and
energy costs in order to service the existing community first, and new development second. In addition
to establishing strategic water rates, a comprehensive education program (see attached sample) will
assist in promoting the sustainable use of water while still maintaining healthy landscaping and food
production within the community.


Affordability is one of the guiding principles of the water master plan and the subsequent water rate
structure review. This memo presents a number of options for Council to consider with respect to recent
discussion at the February 9th Committee of the Whole meeting. All of the options presented are viable,
and have potential impacts to the operating revenue stream, which can be made up through revisions to
the residential base rate.


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  Water Rates: Large Properties in the Grey Area (Non-ALR)                                    Page 14 of 141
 MEMORANDUM
                                                                                                          Agenda Item # 6a)
 Doug Allin, District of Peachland
 0655.0152.01
 February 15, 2010
 Page 5 of 5



We trust that this information is helpful, and we look forward to continuing the discussion with Council at
the upcoming Committee of the Whole meeting on February 23rd, 2010.

URBAN SYSTEMS LTD.



Dan Huang, M.Pl., MCIP
Senior Planner / Principal

/dh
C:\Personal\Projects\Peachland\Universal Water Metering\2010-02-15-Mem-Revised Water Rate Structure.doc




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   Water Rates: Large Properties in the Grey Area (Non-ALR)                                                     Page 15 of 141
Page 16 of 141
                                                           Agenda Item # 6a)




Water Rates: Large Properties in the Grey Area (Non-ALR)         Page 17 of 141
                                                           Agenda Item # 6a)




Water Rates: Large Properties in the Grey Area (Non-ALR)         Page 18 of 141
Get Water Smart - Outdoors                                                                              Page 1 of 3

                                                                         Agenda Item # 6a)

                                                                          Browse Our Site




    Home                       During summer months, water use in Kelowna skyrockets. Many residents use 5 – 6
    City of Kelowna Water      times as much water in summer than in winter. The reason, of course, is our long,
    Utility Rates              hot and dry summers and the need to irrigate lawns and gardens. But that’s not
                               the ONLY reason. There are many causes of high water consumption in Kelowna,
    Water Saving Products &
                               the top three being poor soil conditions, inefficient sprinkler systems, and lack of
    Services
                               customer education. Fortunately, these problems have easy solutions.
    Watering Restrictions in
    Kelowna
                               THE PROBLEM: Poor Soil Conditions.
    Water Smart Indoors        One of the main reasons we have such high water consumption in Kelowna is that
    Water Smart Outdoors       the soil conditions here are not ideal for growing grass. In Crawford Estates, for
                               example, the soil is a mix of sand and gravel. You can pour the water on and it
    Water Sustainability
                               runs right through. Grass blades cannot establish deep roots. In other areas, there
    Action Plan
                               is high clay content in the soil. Water does not soak into the ground; it sits on top
    Water Quality              and can “drown” grass roots.
    On the Lighter Side
                               THE SOLUTION: Add Organic Material.
                               The solution to both these problems is the same: core aeration and top dressing
                               with organic material. Aerate your lawn at least once a year to ensure that
 Neal Klassen,                 nutrients, oxygen, and water can penetrate the soil. Top dress with organic
 Water Smart Coordinator.      material like Ogogrow or compost. Leave grass clippings on the lawn. This organic
 watersmart@look.ca            material will help build up your soil and encourage healthy grass growth. In the
                               long run you’ll save water and have greener grass with less reliance on high
 Phone: (250) 868-3339         nitrogen fertilizers.

                               THE PROBLEM: Inefficient Sprinkler Systems.
                               Irrigation systems become less efficient with age. And many irrigation systems
                               were not properly installed in the first place. This can lead to excessive watering.
                               For example, changes in water pressure over time could mean that sprinkler heads
                               that once provided total coverage might not be doing so anymore. As a result, you
                               may be over-watering to compensate. Poorly designed and installed systems create
                               the same problems.

                               THE SOLUTION: Inspect and Upgrade.
                               Inspect your system on a regular basis. Ensure that water is going where it is
                               supposed to be going. Clip back any plant growth that may be blocking the spray.
                               Look for leaky sprinkler heads, or heads that have been twisted so that water is
                               spraying on the road or the driveway. When installing a new system, don’t assume
                               that the lowest quote is the best.

                               THE PROBLEM: Lack of Education.
                               Many customers simply don’t know how much and how often to water. Other
                               customers do not know how to properly set and run their automatic timers. As a
                               result, they water far more than is necessary. A common error is to set the timer
                               to 20 minutes per zone, once a day and leave it for the entire season. This is a
                               waste of water and money.

                               THE SOLUTION: Water Conservation 101.
                               Water Smart staff will come to your home to provide a free basic inspection of
                               your irrigation system. We’ll show you where you can save water, and where you
                               may want to water a little more. We’ll show you how to program your timer and
                               how to adjust it for the seasons. We can almost guarantee that a ½ hour visit wil

     Water Rates: Large Properties in the Grey Area (Non-ALR)                         Page 19 of 141

http://www.getwatersmart.com/outdoors.html                                                               2/16/2010
Get Water Smart - Outdoors                                                                           Page 2 of 3

                                                                        Agenda Item # 6a)
                              result in lower water bills for you.

                              Call the Water Smart 0ffice at (250) 868-3339

                              TO SEE HOW THESE SOLUTIONS CAN REDUCE YOUR SUMMER WATER CONSUMPTION
                              UP TO 24% CLICK HERE



                              General Water Smart Tips
                              Let It Grow: Let your grass grow to a height of 2 ½”. Taller grass shades new
                              growth and reduces evaporation.

                              When To Water: The best times are between 10:00 p.m. and 6:00 a.m. Avoid
                              watering in the hot sun. You’ll lose almost 50% of the water to evaporation.

                              Add Organic Mulch: Mulch is great for the garden. It acts as a protective cover for
                              plants, keeping the soil cool and moist and discouraging weed growth. Organic
                              mulches like pine bark, shredded cedar, or wood chips are ideal. Avoid rocks as
                              they retain heat, increasing the need to water.

                              Sharpen Your Blade: Keep the blades of your mower sharp. Dull blades tear the
                              grass leaving it open to disease and heat stress.

                              Over-seed: Introduce a mix of drought tolerant fescue grasses to your existing
                              turf. Over-seeding should be done while fertilizing, top-dressing, or aerating.

                              How Much and How Often to Water: This is the age-old question. Everyone is
                              looking for a “formula” that will tell them how much and how often to water.
                              Unfortunately, no such formula exists. Everyone’s landscape is different; soil
                              conditions vary, exposure to sun and shade varies, etc. But generally, we simply
                              do not have to water as much as we think we do.

                              Following is a general guide for how much water an Okanagan lawn needs in an
                              average year.

                                                                     April/May/June    July/August    Sept/Oct
                                   Inches of water per week                0.9”            1.4”         0.6”
                                  Inches of water per month                3.5”             7”           3”

                              WHY CONSERVE WATER?

                              What can we see from almost every vantage point in Kelowna? Water! We are
                              fortunate to have in Okanagan Lake an incredibly huge supply of high quality
                              water.

                              The problem is not everybody in and around Kelowna actually gets drinking water
                              from the lake. In fact, unless you are a customer of the City of Kelowna Water
                              Utility, you are getting your water from another source – either and aquifer or
                              from mountain lakes and streams.

                              These other sources are not as plentiful as Okanagan Lake. Even though there is
                              water almost everywhere we look serious shortages of water can occur in summer
                              months.

                              Customers of the City of Kelowna Water Utility don’t have to worry about supply,
                              but they DO have to worry about the COST of supply. It is very expensive to build,
                              operate, and maintain a water system big enough to meet peak demand.



     Water Rates: Large Properties in the Grey Area (Non-ALR)                         Page 20 of 141

http://www.getwatersmart.com/outdoors.html                                                             2/16/2010
Get Water Smart - Outdoors                                                                          Page 3 of 3

                                                                      Agenda Item # 6a)
                              WHAT IS PEAK DEMAND?

                              This is simply the time when water use is at its highest. Peak demand generally
                              occurs at the end of July and the beginning of August. The system has to be sized
                              to meet this demand even though it occurs for only a few weeks in the summer.

                              A 2001 study suggested that if residential water users in Kelowna could reduce
                              their consumption by just 16% in the month of July, the City would defer or
                              eliminate $16 million worth of infrastructure expansions. That’s a pretty big
                              incentive to conserve.

                              DO THESE WATER CONSERVATION TIPS ACTUALLY WORK?

                              You bet they do! All the information in lessons one, two, and three has been
                              tested throughout various parts of Kelowna. In 2001 we studied the effect of
                              Ogogrow, irrigation system improvements, and education among 45 participants in
                              Crawford estates. These participants reduced their water use by an average 24%
                              in July.

                                 Top




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     Water Rates: Large Properties in the Grey Area (Non-ALR)                      Page 21 of 141

http://www.getwatersmart.com/outdoors.html                                                           2/16/2010
Page 22 of 141
                                                               Agenda Item # 6a)

                             District of Peachland
                          Committee of the Whole Report


 To:                             COTW
 From:                           Doug Pryde, Director of Finance
 Date:                           January 19, 2010
 Subject:                        2010 Water Rates Bylaw
 Recommendation:                 THAT the COTW recommends that Council gives three
                                 readings to Water Rates Bylaw Number 1931, 2010;

                                 AND THAT Water Rates Bylaw Number 1713, 2009 and
                                 all its amendments be repealed.




 Implications of Recommendation:

 General:
 As part of the strategic planning process, Council identified the water systems as one of
 their top priorities to ensure the provision of safe drinking water by maintaining
 infrastructure and surveillance of the water systems. Water metering is identified in the
 Water Master Plan adopted by Council in 2007.

 Organizational:

 Commencing this year, utility billings will include water, sewer and solid waste assessed
 on a quarterly basis starting in April for the January 1st to March 31st consumption period.
 More information on water metering in 2010 will be posted in the local media and
 District website.
 Financial:

 On November 24, 2009, the Committee of the Whole recommended that staff bring
 forward a bylaw incorporating Urban System’s recommendations that the Draft Water
 Rate Schedule for 2010 be set as follows:
        Residential base rate at $18.50 per month.
        Consumption rate at $0.30 per cubic meter for the first 400 cubic meters per
        quarter.
        Consumption rate above 400 cubic meters per quarter at $0.50 per cubic meter.
        Non-residential (mobile home, apartment, commercial, institutional, industrial)
        base rate determined by meter size.
        Non-residential consumption rate at $0.30 per cubic meter.
        Agricultural rate for bona fide (Class 9) farming or Agricultural Land Reserve
        properties at $0.05 per cubic meter.



Water Rates: Large Properties in the Grey Area (Non-ALR)                 Page 23 of 141
                                                                  Agenda Item # 6a)

 These rates will generate approximately $915,100 in water user fee revenue based on
 consumption estimates identified in the Draft Water Rate Structure report dated
 November 17, 2009 prepared by Urban Systems. The recommendation from this report
 included increasing the quarterly residential base rate from $36, indentified on the mock
 billings, to $51 per quarter to fund a projected deficit of approximately $118,000 which is
 directly correlated to consumption and conservation. At the committee meeting, Urban
 Systems recommended increasing this quarterly residential base rate to $55.50 in order to
 fund updated estimated revenue shortfalls in the amount of $153,100.

 Staff recently reviewed the proposed water operating budget to confirm estimated user
 fee revenue is sufficient to cover projected operating costs and allow for an approximate
 ten percent contingency factor for risk of higher water conservation. The proposed water
 operating budget has been amalgamated under one water rate structure consolidating
 systems one and two. This has a minimal financial impact on system one users who will
 pay approximately five more dollars per year as a result of this amalgamation. The two
 systems will continue to operate separately in terms of water source until System Two
 water pumps fail beyond repair, or the completion of water system improvements
 indentified in the Water Master Plan.

 Early payment discounts will no longer apply because property owners are billed for
 actual consumption versus being billed for future consumption under the previous annual
 flat rate structure.
 Policy:
 According to Section 194 of the Community Charter, a council may, by bylaw, impose a fee
 payable in respect of all or part of a service of the municipality. A municipality must make
 available to the public, on request, a report respecting how a fee imposed was determined.
 As a new requirement, the Financial Plan includes the following policies with respect to revenue
 sources:
                 Ensure that fees and charges are increased on a regular basis in line with
                 inflation while ensuring that services remain affordable and competitive;
                 Where possible, the District will endeavor to supplement revenues from user fees
                 and charges, rather than taxation, to lessen the burden on its limited property tax
                 base.


 BACKGROUND:             N/A
 REPORT/DOCUMENT:                             Attached: X Available:                    Nil:

 Water Rates Bylaw Number 1931, 2010.

 Draft Water Rate Structure report dated November 17, 2009 prepared by Urban Systems.

 OPTIONS:        1.      COTW COULD CHOOSE TO SUPPORT THE RECOMMENDATION.
                 2.      COTW COULD CHOOSE TO NOT SUPPORT THE
                         RECOMMENDATIION.
                 3.      COTW COULD CHOOSE TO REFER THIS TO STAFF FOR FURTHER
                         INFORMATION.



Water Rates: Large Properties in the Grey Area (Non-ALR)                       Page 24 of 141
                                                                        Agenda Item # 6a)
                         THE CORPORATION OF THE DISTRICT OF PEACHLAND

                                            BYLAW NUMBER 1931

                A Bylaw to Establish and Regulate Water Rates within the District of Peachland
                                    ______________________________

WHEREAS the Council of the District of Peachland is authorized pursuant to the Community Charter to establish
fees and fix the rates and terms under which water may be supplied and used;

AND WHEREAS the Council of the District of Peachland may provide by bylaw pursuant to the Community
Charter the classification of users and prescribe different rates, terms and conditions for different users;

AND WHEREAS it is deemed necessary to establish a new water rate structure within the District of Peachland;

NOW THEREFORE, the Council of the Corporation of the District of Peachland, in Open Meeting assembled,
ENACTS AS FOLLOWS:

1.     TITLE

       This Bylaw may be cited for all purposes as "Water Rates Bylaw Number 1931, 2010."

2.     INTERPRETATION

       In this Bylaw, unless the context otherwise requires:

       “After Hours Call Out” shall mean requests for service from the District of Peachland requiring a
       response after the regular hours of operations and/or any time during Saturday, Sunday and Statutory
       Holidays.

       “Agricultural Allocation Fee” shall mean the fees charged for using water for non-residential purposes in
       the Agricultural Land Reserve or bona fide agricultural land.

       “Base Fee” shall mean the minimum fee for water supply regardless of quarterly water use.

       “Non-Domestic Allocation Fee” shall mean the fees charged for using water on non-residential or
       agricultural land.

       “Collector” shall mean the individual appointed by the Municipal Council.

       “Connection” or “Connect” shall mean tying into, tapping or otherwise connecting to the waterworks
       system of the Municipality by means of pipes, valves, fittings or other apparatus;

       “Connection Charge” shall mean the fee charged for the water connection inspection, administration,
       installation of a service box, and turning on a new water service.

       “Consumption Charge” shall mean the volume of water used multiplied by the Consumption Rate

       “Consumption Rate” shall mean the price of water per cubic metre that is charged to properties with a
       water connection and water meter in accordance with this Bylaw.

       “Council” shall mean the duly elected municipal Council of the Corporation of the District of Peachland.

       “Municipality” shall mean the Corporation of the District of Peachland.




     Water Rates: Large Properties in the Grey Area (Non-ALR)                       Page 25 of 141
                                                                        Agenda Item # 6a)
        “Obstructed Meter read” shall mean that the water meter could not be read due to some action or
       inaction of the property owner or occupier.

       “Owner” shall mean the duly registered own of real property.

       “Quarter” shall mean a three month period within a calendar year, specifically January to March, April to
       June, July to September, and October to December.

       “Residential Allocation Fee” shall mean the fees charged for using water for residential purposes.

       “Temporary Fire Hydrant User Fee” shall mean the fees and charges to use a water utility fire hydrant
       that is charged on a per hydrant basis per week, or part thereof.

       “Turn-Off” shall mean to discontinue the water service at the service box or by such other means as
       deemed appropriate.

       “Turn-On” shall mean to commence the water service at the service box or by such other means as
       deemed appropriate.

       “Unmetered” shall mean a water service without a water meter,

       “Water Meter” shall mean a device owned by the District installed on the owner’s property used to
       measure the quantity of water used by a customer.

       “Waterworks System” shall mean the entire waterworks system of the District of Peachland including,
       with limitation, the distribution system, intake and any other water treatment plants.

3.     RATES

       3.1 Rates and charges referred to in Schedule “A” attached hereto is hereby made an integral part of
           this Bylaw.

       3.2 Every water user shall pay to the Municipality the applicable rates set out in Schedule A.

       3.3 All properties having water service are liable to pay the rates levied under this Bylaw and the same
           shall be calculated from the date of turn-on and shall continue to pay such rates until the date of
           turn-off. The rates payable in respect to the month of turn-on and turn-off shall be pro-rated as the
           circumstances of any case requires.

4.     BILLINGS AND COLLECTIONS

       4.1 Rates and charges established by the Municipality shall be calculated on a quarterly basis based on
           metered flows. Billings for all properties shall have bills prepared on a quarterly basis.

       4.2 Any properties which do not have an installed water meter in accordance with this Bylaw shall be
           billed based on an unmetered water rate.

       4.3 All rates and charges shall be billed to the property owner and are the responsibility of the registered
           owner of that property.

       4.4 Failure to receive billings will not exempt the property owner from liability to pay by the due date, or
           as a valid reason for late payment.




     Water Rates: Large Properties in the Grey Area (Non-ALR)                        Page 26 of 141
                                                                        Agenda Item # 6a)
       4.5 Rates and charges are due and payable 30 days following the date of invoice as per the invoice
           provided by the Municipality. Any unpaid charges shall be deemed to be payment overdue, and
           assessed a late penalty of 5% on the current quarterly billing, with payment recovery methods by the
           Collector in accordance with the provisions of the Community Charter.

6.     APPLICABILITY

       This Bylaw applies to all owners and properties which are connected to the waterworks system of the
       Municipality.

7.     SEVERABILITY

       If any section, subsection, or paragraph of this Bylaw is found invalid by a decision of a Court or
       competent jurisdiction, the invalid section, subsection, or paragraph shall be severed without effect on
       the remainder of the Bylaw.

8.     REPEAL

       The Corporation of the District of Peachland Water Rates Bylaw No. 1713, 2004 and all amendments
       attached thereto are hereby repealed.


READ A FIRST TIME This       Day of      , 2010

READ A SECOND TIME This         Day of      , 2010

READ A THIRD TIME This        Day of              , 2010

FINALLY RECONSIDERED AND ADOPTED This                      Day of        , 2010




______________________________                               _____________________________
Mayor                                                        Corporate Officer


Dated at Peachland, B. C.
This ___ Day of __________, 2010




     Water Rates: Large Properties in the Grey Area (Non-ALR)                     Page 27 of 141
                                                                     Agenda Item # 6a)
                                                                                                      Schedule “A”
                                                                                    Attached To and Forming Part of
                                                                 District of Peachland Water Rates Bylaw 1931, 2010



                                           RATES AND CHARGES

Metered Water Rates

 Single            Base Fee                                           $55.50      per quarter
 Detached
 Residential
                                                3                                      3
 Allocation Fee    Consumption Fee (0 – 400 m of water use)            $0.30      per m per quarter
                                            3                                          3
                   Consumption Fee (> 400 m of water use)              $ 0.50     per m per quarter
 Multiple Unit     Base Fee based Meter Size:
 Residential and      • Up to 38mm (1.5”)                            $120.00      per quarter
 Non-Domestic         • 50mm (2”)                                    $134.00      per quarter
 Allocation Fee       • 75mm (3”)                                    $296.00      per quarter
                      • 100m (4”)                                    $517.00      per quarter
                      • 150mm (6”)                                   $665.00      per quarter
                      • 200mm (8”) or greater                        $887.00      per quarter
                                                3                                      3
                   Consumption Fee (for each m of water use)           $ 0.30     per m per quarter
 Agricultural      Base Fee                                             $0.00     per quarter
 Allocation Fee
                                                3                                      3
                   Consumption Fee (for each m )                       $ 0.05     per m per quarter



Unmetered Water Rates

Residential        Initial Fee                                  $ 120.00        per quarter
Allocation Fee     Fee after First Written Warning for non-     $ 160.00        per quarter
                   installation of water meter
                   Fee after Second Written Warning for non-    $ 200.00        per quarter
                   installation of water meter
                   Fee as of April 1, 2010                      $ 250.00        per quarter
Multiple Unit      Initial Fee                                  $ 300.00        per quarter
Residential and    Fee after First Written Warning for non-     $ 600.00        per quarter
Non-Domestic       installation of water meter
Allocation Fee     Fee after Second Written Warning for non-    $ 900.00        per quarter
                   installation of water meter
                   Fee as of April 1, 2010                      $1,200.00       per quarter
Agricultural       Initial Fee                                  $ 300.00        per quarter
Allocation Fee     Fee after First Written Warning for non-     $ 600.00        per quarter
                   installation of water meter
                   Fee after Second Written Warning for non-    $ 900.00        per quarter
                   installation of water meter
                   Fee as of April 1, 2010                      $1,200.00       per quarter




     Water Rates: Large Properties in the Grey Area (Non-ALR)                      Page 28 of 141
                                                                          Agenda Item # 6a)
Fees for New Meter Installations on New Construction

Actual cost of water meter plus the cost of meter inspection


Water Connection Charges

Serviced Property (i.e. existing connection between watermain and property line)
Less than 25mm (1”) service          $375.00
25mm (1”) service                    $450.00
38mm (1.5”) service                  $550.00
50mm (2”) service                    $750.00
Greater than 50mm (2”) service       At Cost Plus 15% administration

Un-serviced Property (i.e. no connection between watermain and property line)
Actual Cost of installation, plus charges above for Serviced Property


Temporary Fire Hydrant User Fees

Connection Fee                          $ 100.00         per hydrant per week, or portion thereof


Fire Hydrant Fees

Application for a new fire hydrant          $ 50.00                   per hydrant
Installation of a new fire hydrant          Actual cost plus 15%      per hydrant
                                            administration costs
Use of a hydrant without approval           $ 1,000.00                per occasion
Fire Hydrant Flow Test:
(i) First Test                              $330.00                   per test
(ii) Additional tests in immediate area     $100.00                   per test
at the same time

Additional Fees

Meter Re-read at Customer’s Request          At Cost                             per occasion
Meter Testing at Customer’s Request          At Cost                             per occasion
Obstructed Meter Read                        $ 200.00                            per occasion
Water Meter Tampering Fee                    $ 200.00                            per occasion
Fee for Damage Due to Tampering              Water Meter Tampering Fee           per occasion
                                             plus Cost for New Meter
                                             Installation
Installation of Backflow Device (pit)        At Cost                             per occasion
Testing of Back Flow Assembly                $50.00                              per occasion
Turn-Off / Turn-On Fee                       $75.00                              per occasion
After Hours Call Out                         $265.00                             per occasion




     Water Rates: Large Properties in the Grey Area (Non-ALR)                           Page 29 of 141
Page 30 of 141
                                                            Agenda Item # 6b)




                                           District of Peachland
                                         Committee of the Whole Report


 To:           COTW
 From:         Doug Allin, Director of Operations
 Date:         February 16, 2010
 Subject:      Beach Ave Walkway Improvement Project Open Houses



 General:
 On January 26, 2010, during a regular council meeting, Council deferred the Development
 Variance Permit 2010/10,001 (Multi-Purpose Walkway) to the February 23, 2010 Regular
 Council Meeting in order to incorporate public input. Staff was directed to collect public
 input regarding the Beach Avenue Improvement Project planned to start in June 2010.
 District staff has hosted two Open House meetings. Comments from the business
 community were collected on February 10, 2010. On February 15, 2010, comments from
 the general public were received. COTW also requested to see options around two of the
                    th             th
 “pinch points “at 8 avenue and 13 street.
 Jan Enns, the District’s communication consultant, will be presenting the results of the
 two Open Houses. Dan Huang, Urban Systems, will be presenting the engineering
 solutions.




 REPORT/DOCUMENT:                          Attached: X      Available:          Nil:




Beach Avenue Multi-Use Walkway Project                                   Page 31 of 141
                                                                   Agenda Item # 6b)


                                                                   1. BUSINESS SURVEY RESULTS
                                                       Chamber of Commerce Member Consultation
                                                                             February 10. 2010
                                    Beach Avenue Roadway and Multi-use Pathway Improvements

As part of the consultation process for the Beach Avenue Improvement Project, the District of
Peachland held an Open House for members of the Chamber of Commerce on Wednesday,
February 10, 2010. The Open House provided members of Peachland’s business community
with more information about the Beach Avenue Improvement Project and sought their input on
both the design and construction considerations for the project.

The attendees reviewed display panels and talked with staff and project consultants about
project design principals and two design options for improving the popular and well-used Beach
Avenue corridor. They were asked to ranked their priorities, indicate which of two options they
preferred, and offer any comments or suggestions.

The majority of 14 attendees represented businesses located in the Gateway building at the
corner of Beach Avenue and 13th Street. A total of nine surveys were submitted.
The results of the Exit Survey, as well as the comments are provided here.


Section One: Guiding Principles

Respondents were asked to give priority to a number of project principles. The responses indicated
“medium” to “high” support for the project’s Guiding Principles. In addition, a variety of comments were
received on each as shown below.

         Topic                                      Priority                         Comments

                                        Unsure   Low      Med       High


1. Preserve the natural condition of                           4     5     Extend Beach. Some areas are
   the Lake Okanagan waterfront,                                           very rocky
   and maintain pedestrian access                                          Changes opinion after
   to the beach area                                                       reviewing options (from Low
                                                                           to High)
                                                                           No railings, use more open
                                                                           airy trees, natural landscape
2. Incorporate sustainable design                                    9     Reuse beach gravel under
   features where possible,                                                existing road on other beach
   including natural landscape                                             areas of Peachland.
   planting, and energy-efficient
   lighting



                                                                                                      1
  Beach Avenue Multi-Use Walkway Project                                       Page 32 of 141
                                                                     Agenda Item # 6b)
         Topic                                        Priority                        Comments

                                       Unsure    Low        Med      High


3. Balance the potential impacts of               1              1    7
   neighbouring property owners
   with the needs of the overall
   community
4. Strive to maintain the same                                   3    6
   number of parking spots

5. Complete the project within                    1              6    2
   budget

6. Improve traffic flow around boat               3              3    3     Remove boat launch at PYC
   launch                                                                   (Peachland Yacht Club)

7. Coordinate construction timing                                3    6     Incentives for contractor to
   to minimize impacts on                                                   finish early
   community events
8. Provide regular construction                   1              3    5     Impact to business are key
   updates via website, newsletter,                                         during June-Sept at the
   email, etc                                                               gateway




Section Two: Option A or B

9. Based on the information presented, respondents indicated their level of support for each of the two
   options presented. “Option A” received higher support and “Option B” received lower support.

                                               OPTION A
     Very few changes would be made to the beach, leaving nearly continuous access. Option A is the
                         least costly and has less of an environmental impact
     High Support                                                                        Low
           1                  2                     3                   4                  5
           4                  3                     1                                      1



                                                OPTION B
      Moves the road closer to the beach. Require large sections of retaining wall and hand rails with
    staircase access to the beach. May require an increase to the budget of approximately $500,000.00
     High Support                                                                            Low
            1                   2                    3                    4                    5
                                                     2                    4                    3



                                                                                                           2
 Beach Avenue Multi-Use Walkway Project                                         Page 33 of 141
                                                                   Agenda Item # 6b)
COMMENTS:

        •   I can see the benefits of both options, my concern is the visual impact of the handrails and
            increased cost & construction timing of the retaining walls.
        •   I would like to see more options – do not rush this process.
        •   Do not move road much closer.
        •   Some areas of boardwalk would add to the visual appearance. Replacement of the existing
            (uneven & in poor repair) sidewalk would be nice (& safer too!).
        •   I believe it is critical to maintain the natural beach line as much as possible.
        •   Maintain natural look of beach (look for old pictures to perhaps get some ideas).


10. Participants were asked if they lived on Beach Ave, and if not, what neighborhood they did live.

Of the nine respondents, four indicated that although they did not live on Beach Avenue, they did own a
business on the street. Other neighborhoods in the area were identified as: Beach Ave North, San
Clements Ave, Todd’s RV and Camping.



11. Participants were asked if they had any other comments or ideas on the Beach Avenue Roadway and
Multi-use Pathway Improvements project.

        •   Not at all at this time – too soon
        •   Follow Charette suggestions with strong support
        •   Reduce business impact by constructing this outside of the summer month. Washrooms
            should be added at or around 13th gateway!
        •   Very pleased with the previous pathway improvement. I look forward to this phase.
        •   Essential the economic impact to businesses along Beach is considered. Last year was
            challenging financially, this year must show economic growth.
        •   The steeper area between 12 & 13th could a rock wall in a short area be used for more
            uniqueness and to help hold the beach (crawly natural plants)
        •   Very visible signage at the corner of 13th and Hwy 97 (and on the highway) leading to
            parking lot (firehall lot) as this is an immediate turn off the highway. It would be best to
            direct traffic there quickly, before they get to the corner and into the construction zone.


General Comments

The following comments were hand-written on sticky paper and posted by the attendees on a special
display panel.

        •   Develop more options – 2 options is not enough.
        •   Paving at night only.
        •   Extensive advertising through multiple media that Businesses Happily Open! (Ie. Castanet,
            Kelowna.com, radio, TV, West Kelowna billboard, signage).
        •   Brochures/ Coupons being handed out. City-funded direct mail.

                                                                                                       3
  Beach Avenue Multi-Use Walkway Project                                        Page 34 of 141
                                                               Agenda Item # 6b)
     •   Put a sign up on parking area on 13th avenue to alert people that they can use these spots.
     •   Extends consulting process and business impact. Apply for an extension of grant money -
         2011 start in March.
     •   2009 – recession year; hard on business. 2010 – recovery year; business needs status quo.
         2011 – start earlier in the year.
     •   Consultation regarding large impact portions of project eg. Paving.
     •   Lots of notice for ANY closures and/or interruption of services.
     •   Highway signs for businesses.
     •   Talk to Brian Anderson about using his lot for parking.




                                                                                                  4
Beach Avenue Multi-Use Walkway Project                                     Page 35 of 141
                                                                     Agenda Item # 6b)



                                                                      2. PUBLIC SURVEY RESULTS
                                                                        Peachland Public Consultation
                                                                                   February 15, 2010
                                  Beach Avenue Roadway and Multi-use Pathway Improvements

In addition to the Open House held for Peachland’s business community, the District of
Peachland held an Open House for the Peachland public on Monday, February 15, 2010. The
Open House provided more information about the Beach Avenue Improvement Project and
sought input on the both the design and construction considerations for the project.

The attendees reviewed the same display panels as presented to the business community, and
talked with staff and project consultants about project design principals and two design options
for improving the popular and well-used Beach Avenue corridor. They were asked to ranked
their priorities, indicate which of the two options they preferred, and offer any comments or
suggestions.

The event was well attended by approximately 86 people. A total of 52 surveys were submitted.
The results of the survey, as well as the comments, are provided here.


Section One: Guiding Principles

Respondents were asked to give priority to a number of project principles. In general, the responses
indicated “medium” to “high” support for the project principles. In addition, a variety of comments were
received on each as shown below. The total number of responses given for each question are also
shown as (n=XX).

         Topic                                        Priority                       Comments

                                       Unsure    Low        Med      High
1. Preserve the natural condition of     1        1              5   47     Only if all the trees are left
   the Lake Okanagan waterfront,                                            alone for shade & beauty
   and maintain pedestrian access                                           Option A
   to the beach area (n=50)                                                 Please leave natural and
                                                                            accessible to pedestrians
                                                                            Option A is the only option to
                                                                            save the natural look of our
                                                                            lake
                                                                            It is hard to understand how
                                                                            the changes and 11 & 12th will
                                                                            make things better
                                                                            Please keep walkways on
                                                                            beachside for pedestrians.

                                                                                                       1
  Beach Avenue Multi-Use Walkway Project                                        Page 36 of 141
                                                    Agenda Item # 6b)
                                                         Cycling, skaters, boarders etc.
                                                         on an area as now in the
                                                         parked vehicle lane.
                                                         Pedestrian access as is - is very
                                                         important for all but
                                                         particularly those with limited
                                                         mobility.
                                                         Keep our natural resources.
                                                         Leave it alone!
                                                         Increase available beach areas
                                                         by strategically, over time,
                                                         building retaining walls and
                                                         infilling with sand.
                                                         Can’t do both
                                                         Walkway must be all-season
                                                         Use private sidewalk section
                                                         Option A
                                                         Option A
                                                         No RV Parking on Beach Ave
                                                         DKQW-20 archeological site
                                                         Try to overcome lack of
                                                         attractiveness to population
                                                         using the beach due to slope
                                                         erosion & lack of shade in
                                                         summer
                                                         A retaining wall would destroy
                                                         the natural look
2. Incorporate sustainable design         1    8    38   Do we really need lighting?
   features where possible,                              Use drought resistant
   including natural landscape                           plantings or zero-scaping.
   planting, and energy-efficient                        Natural landscape planting. I
   lighting (n=47)                                       don’t think we need to totally
                                                         have indigenous plants/trees.
                                                         No lighting.
                                                         Balance lighting to reduce
                                                         night glare.
                                                         From 11th to downtown. Get
                                                         rid of phone poles. Same lights
                                                         as downtown and around 13th
                                                         Use shoe-box light fixtures to
                                                         eliminate light pollution.
                                                         Continue the attractive tree
                                                         shrub & flower plantings that
                                                         exist south of 3rd.
3. Balance the potential impacts of   1   14   11   24   Mitigate impacts on property
   neighbouring property owners                          owners and consult with
   with the needs of the overall                         them.
   community (n=50)                                      Take back the property lines
                                                         Try to get a win/win condition
                                                         Landowners have oversized
                                                                                      2
 Beach Avenue Multi-Use Walkway Project                      Page 37 of 141
                                                    Agenda Item # 6b)
                                                         lots – community priority
                                                         The land is owned by the
                                                         district!
                                                         Parking of boat trailers near
                                                         marina.
                                                         Make it as easy for
                                                         neighboring property owners
                                                         as possible to maximize buy-
                                                         in. Help them beautify their
                                                         properties again.

4. Strive to maintain the same        1   13   21   11   Look at off Beach parking for
   number of parking spots (n=46)                        boat trailer
                                                         Not at the loss of trees &
                                                         natural beach access
                                                         Hopefully?
                                                         Encourage residents to use
                                                         their own driveways for
                                                         parking
                                                         Keep RV’s off Beach Ave.
                                                         Removal of boat launch would
                                                         free up parking
                                                         Walking – priority
                                                         Restrict RV & boat/trailer
                                                         parking along Beach Ave & no
                                                         overnight parking
                                                         Charette aim was to minimize
                                                         parking on waterfront side of
                                                         street. Keep pushing in this
                                                         direction.
                                                         Please restrict oversize vehicle
                                                         parking RV’s.
5. Complete the project within        2   5    11   30   Very important!
   budget (n=48)                                         Think long term if need
                                                         funding
                                                         Do it right!
                                                         Do it Right!
6. Improve traffic flow around boat   2   9    15   22   Move to another location.
   launch (n=48)                                         It should come out! We have
                                                         seen near fatal accidents at
                                                         the site!
                                                         Who cares!
                                                         Prefer moving boat launch to
                                                         south end – Princeton Hwy97
                                                         Move boat trailer parking
                                                         down to boat launch at
                                                         Princeton & Beach
                                                         Plus MORE boat launch
                                                         facilities.
                                                         Move to south location
                                                                                     3
 Beach Avenue Multi-Use Walkway Project                      Page 38 of 141
                                                                  Agenda Item # 6b)
                                                                          Get rid of boat launch
                                                                          Hard to do.
                                                                          More parking for boats and
                                                                          trailers near launch
                                                                          Consider moving boat launch
                                                                          at Doggie Beach
                                                                          Should be moved
                                                                          Create safe separate walk
                                                                          Problem seems to be trailers –
                                                                          find a place for them. What is
                                                                          purpose of having a boat
                                                                          launch if one can’t put the
                                                                          vehicle & trailer somewhere
                                                                          when using the boat?
7. Coordinate construction timing                11       16       23     Yes. Makes sense
   to minimize impacts on                                                 If possible
   community events (n=50)                                                Doesn’t seem to matter
                                                                          Do what is needed PROPERLY
                                                                          Just do it!
                                                                          One time impact – continuous
                                                                          payoff
8. Provide regular construction                  13       11       25     Low cost & high importance
   updates via website, newsletter,                                       impact. One of the biggest
   email, etc (n=49)                                                      squawks about the curling club
                                                                          was perception of lack of
                                                                          detailed info
                                                                          Communication – good.
                                                                          Allow comments
                                                                          And also local newspaper
                                                                          But not if costly
                                                                          Only to those who are directly
                                                                          affected.



Section Two: Option A or B

9. Based on the information presented, respondents indicated their level of support for each of the two
   options presented. A large majority of respondents gave “Option A” high support while “Option B”
   received low support.

                                                OPTION A
     Very few changes would be made to the beach, leaving nearly continuous access. Option A is the
                      least costly and has less of an environmental impact. (n=48)
     High Support                                                                        Low
           1                   2                     3                  4                  5
          39                   4                                        4                  1



                                                                                                      4
 Beach Avenue Multi-Use Walkway Project                                       Page 39 of 141
                                                                  Agenda Item # 6b)
                                               OPTION B
    Moves the road closer to the beach. Require large sections of retaining wall and hand rails with
  staircase access to the beach. May require an increase to the budget of approximately $500,000.00.
                                                 (n=39)
    High Support                                                                           Low
          1                    2                    3                   4                    5
          3                    4                    1                   6                   25



COMMENTS:

      •   If trying to give a ‘natural’ look, spend another $500k to bury the utility cables between 8th
          and 11th. Many visitors have commented on this eyesore on an otherwise picturesque
          landscape down Beach Ave.
      •   I would like to see more options – do not rush this process.
      •   Consider installing stone walls for homeowners who are impacted by the cut/fill slope
          locations. This would increase the beauty of the corridor & reduce the perception that only
          a few homes are paying for the benefit to the whole population (shared cost). See stone
          driveway on north side of Princeton just south of Hwy97 for an example of the
          attractiveness of this option.
      •   Reduce speed limit to 30kph – no RV parking on Beach Ave. day or night.
      •   The retaining walls, limiting access to Beach would be a downgrade rather than an
          improvement.
      •   Instead of paying for retaining walls, get rid of ugly power poles & go underground.
          Especially where you are taking away municipal property. No retaining walls – it would make
          beach inaccessible.
      •   Save the beach. Public area is priority.
      •   Both improvements look good.
      •   Minimize retaining walls for beach access and natural appearance.
      •   Should stay lakeside all the way!
      •   I hope the road gets new blacktop.
      •   Retaining walls & stairs limit handicap access to the beach.
      •   We should not compromise the beach area and add significant costs to the taxpayer by
          totally accommodating those residences that encroached on municipal land. Some
          reasonable flexibility, for some circumstances may be justified.
      •   I find this question very difficult as we live along Beach & will greatly be impacted with #A
          but worry about environmental issues in B.
      •   Would prefer OPTION C – leave the damn thing alone!
      •   The power poles should be underground. Better money spent than unnecessary retaining
          walls.
      •   Also nice as no view-obstructing railings!
      •   Would be nice to have more attractive than black asphalt (colored, concrete, other?)
      •   Boat launch to south of town area. Don’t build out over beach side of Beach Ave by deck or
          wall.
      •   It seems to me for reasons mentioned below – Option B not a real choice.
      •   If we keep on supplying parking for all the ‘out-of-towners’ and their boat trailers we
          compromise the beauty of our town and for we who love to live here. The beauty of the
          lakeshore is more important.

                                                                                                      5
 Beach Avenue Multi-Use Walkway Project                                       Page 40 of 141
                                                                  Agenda Item # 6b)
       •   Preserve the natural beach/habitat where possible.
       •   Retaining walls have visible railings which has more undesirable effect.
       •   Leave existing beach slope. Peachland’s crown jewel is the publicly accessible beach.
       •   B is no option.
       •   I would like to see a wider walkway on the highway side. Maximize the districts use of space.
           Now it the time.


10. Participants were asked if they would support evening paving (e.g. 4pm to 11pm). This question was
    added for the Public Open House in response to ideas presented by the business community at the
    Chambers’ February 10th Open House. A majority of respondents would support evening paving.

     Would you support evening paving in order to reduce impact and inconvenience of construction?
                                                (n=31)
     High Support                                                                        Low
           1                  2                    3                   4                   5
          17                  4                    4                   2                   4



11. Participants were asked in which neighbourhood they lived. Of those who responded to the
    question:

                                 Live on Beach       Do not live on
                                      Ave             Beach Ave
                                       28                 19

COMMENTS:

       •   More lighting.
       •   Whatever works to get the job done.


12. Participants were asked if they had any other comments or ideas on the Beach Avenue Roadway and
Multi-use Pathway Improvements project.

       •   The ‘traffic calming’ aspect of bumping the boulevard out onto the roadway is very
           dangerous for cyclists – try it yourself!
       •   Stop parking oversize vehicles in front of homes on Beach Ave.
       •   Try to identify the reason that the population is attracted primarily to the stretch of beach
           north of 13th and replicate the attractive features south of 13th.
       •   No retaining walls, no railings unless necessary.
       •   All possible effort should be done to remove utility poles from Beach Ave. The $ from
           retaining walls would be better spent on removing utility poles.
       •   Motor homes to have designated parking away from Beach Ave to prevent blocking
           residences views.
       •   Get rid of power poles. Good Presentation.
       •   Long-term – change location of family change room, concession to allow free flow thru
           walkways very important.

                                                                                                      6
 Beach Avenue Multi-Use Walkway Project                                        Page 41 of 141
                                                                     Agenda Item # 6b)
       •   Parking – not allow day camping with RV’s etc. Cars only (4 hours maximum), not to block
           views.
       •   Please take the opportunity to run power to the large trees so they can be illuminated for
           Christmas, etc…
       •   Incorporate distance markers and static exercise equipment for green space areas. Or
           Cousin’s park to add to walkway amenities.
       •   What is meant by multi-use? ATV’s? Motorcycles? Bikes?
       •   I personally like it the way it is.
       •   Do it!
       •   A great project for the waterfront!
       •   I walk Beach Ave everyday and safety for elderly walkers is crucial (re: cyclists, strollers, etc)
       •   Seems like another waste of taxpayer’s money.
       •   Need good access to beach.
       •   Keep bikes (slow) allowed to use new multi-use path – present dangerous with opening car
           doors in the summer.
       •   Expand existing deck on 13th, build large dock into lake for public walks, fishing benches and
           swimming.
       •   Would like to see the Municipality reclaim all municipal property currently used by residents
           for personal use. I.e. Fences, rockeries, overgrown shrubs, trees and plants and lawns that
           encroach on sidewalks up to 8 inches in some cases.
       •   Hope the construction will be kept as ‘low key’ as possible and the beach area kept natural
           and protected as now.
       •   Is Option B really just a dog & pony show? (if environ. Approval needed, it costs more, and
           completion of asphalt by Nov. B unlikely to be able to happen. Please maintain garbage cans
           for dog poop all year.
       •   Leave it alone!
       •   We are very excited about the project but only if Option A is the one decided on – otherwise
           it would be a disaster for the beauty of our town and the natural beach.
       •   So far, it looks great.
       •   Keep trees.
       •   Keep walkway wide enough for 3 people. Existing sidewalks are useless for social walking.
       •   Reuse beach gravel (even if needs to be cleaned). One chance to gain as much beach as you
           can.
       •   I would like to see that all space is utilized, gardens, trees and benches.


General Comments

The following comments were hand-written on sticky paper and posted by the attendees on a special
display panel.
        •   How about underground wiring? Get rid of the ugly wires/poles. A million dollars well spent
            in the 21st Century.
        •   Have places include public washrooms at 13th and lake area.
        •   Day campers NOT allowed on Beach Ave (block view). Cars only.
        •   Long-term: make new location of change area, allow free-flow path throughout.
        •   Extend the dock at 13th out into the lake for public to walk and use it as fishing platform
            with benches.
        •   Ugly poles should be put underground during construction.
        •   Get rid of the boat launch!
        •   Need bike lanes. Traffic calming features are dangerous pinch points for bikes.

                                                                                                           7
 Beach Avenue Multi-Use Walkway Project                                           Page 42 of 141
                                                               Agenda Item # 6b)
     •   Where are the signs for the 2 churches that were taken out when new sidewalk was put in?
     •   Get rid of power poles. Same lights as downtown and around 13th.
     •   Get rid of utility poles along Beach.
     •   Put in drain just north of 13th – big puddles form there.
     •   This is an archeological site DKQW-20.
     •   Place electrical poles under ground.
     •   Please don’t limit access to beach with retaining walls.
     •   Breaks in the landscaping to allow strollers, wheelchairs, etc. to access the pathway.
     •   Angle parking for day camper/motor home users.
     •   NO angle parking – The campers take over the parking spots and beach using awnings etc. –
         nasty for everyone else, especially those folks living on Beach who pay taxes for the lovely
         view but can’t see it in July/Aug.
     •   Move boat launch to south of town Hwy 97 at Princeton Ave.
     •   Please – no cyclists – on the multi-use path.
     •   Stop oversized vehicles from parking on Beach Ave.
     •   Get rid of utility poles on Beach Ave. Bury the wires.
     •   I am not sure that Peachland needs this large project. Just plain sidewalks?




                                                                                                   8
Beach Avenue Multi-Use Walkway Project                                      Page 43 of 141
                                                           Agenda Item # 6b)



                                             Summary: Business and Public Consultation
                                                                    February 15, 2010
                         Beach Avenue Roadway and Multi-use Pathway Improvements


Overall Project
• Option A is preferred over Option B
• Comments provided a number of construction and design considerations ranging
  from retaining walls to landscaping suggestions

Guiding Principles
• The following principles were given high priority:
      •  Maintaining the natural condition of the waterfront and pedestrian access to
         the beach
      •  Incorporating sustainable design, natural landscaping and energy-efficient
         lighting
      •  Completing the project within budget.

•    The remaining principles were given medium and high priority in the following order:
        •  Minimizing impacts on community events
        •  Improving traffic around boat launch
        •  Providing ongoing communications about the project
        •  Balancing impacts on neighbouring properties
        •  Maintaining the same number of parking spots.


Comments Received
A wide range of comments were received about the overall project as well as some
specific recommendations. There was a consistent theme to some of the comments and
they can be grouped as follows:
       •   Consider placing power lines underground
       •   Concern over day campers and other oversize recreational vehicles blocking
           lake access and views
       •   Concern over congestion at boat launch, with recommendations to move it or
           accommodate boat trailer parking
       •   Concern over potential safety concerns with multiple uses for multi-use
           pathway (i.e. cyclists, joggers, pedestrians all on same pathway)
       •   Minimize impacts to business community during peak summer months




    Beach Avenue Multi-Use Walkway Project                           Page 44 of 141
                                         Agenda Item # 6b)
Beach Avenue Multi-Use Walkway Project         Page 45 of 141
                                         Agenda Item # 6b)
Beach Avenue Multi-Use Walkway Project         Page 46 of 141
                                                                  Agenda Item # 6c)


                              District of Peachland
                              Request for Decision

 To:                              COTW
 From:                            Planning & Development Services Department
 Date:                            January 12, 2010
 Subject:                         Development Permit Application
                                  Multipurpose Walkway Project

 Recommendation:                  THAT COTW recommends that Council approve the
                                  Development Permit No. 2010/10,001 regarding
                                  waterfront improvements pertaining to the 2010
                                  Multipurpose Walkway Project; and
                                  FURTHER THAT the Project Manager for the Multipurpose
                                  Walkway Project (Urban Systems Ltd.) manage the
                                  completion of the works in the Foreshore Development
                                  Permit Area, ensuring “best management practices for the
                                  environment” are followed, including on-going monitoring
                                  by a Qualified Environmental Professional



 Implications of Recommendation:

 General:

 The outcome of approval of the Development Permit will ensure the project is developed as
 provided in the design and that all foreshore and riparian area issues of concern are addressed.
 A Qualified Environmental Professional (QEP) will undertake an environment overview and that
 will include overseeing the monitoring of work during the construction period. Because the
 projects are of a parks and institutional nature, it is exempt from Riparian Area Regulations.
 However, the QEP will ensure that all applicable agencies (provincial and/or federal) are notified
 of the works being proposed.

 Organizational:

 The project will be managed by Urban Systems Ltd., who will coordinate the work with the
 Director of Operations and the Public Works Department.
 Financial:
 N/A


 Policy:
 The proposed development is designed consistent with the Beach Avenue Neighbourhood Plan.

 Strategic Plan:




Development Permit 2010/10, 001 - Multi-Purpose Walkway                        Page 47 of 141
                                                                Agenda Item # 6c)

 These works are included in the 2010 work program with the assistance of Infrastructure Stimulus
 Funding from Senior Governments.



 BACKGROUND:
 At the January 12, 2010 COTW meeting, Urban Systems Ltd. presented concept plans for the
 Multipurpose Walkway Project. The plans include upgrading of the Beach Avenue road surface
                                                 th        th
 and extending the multi-use walkway between 5 and 13 Street. In addition, approximately 450
                                                            th
 metres of existing watermain along Beach Avenue (6 Street to “Strachan’s Corner”) are
 proposed to be replaced as part of the District’s 2010 water capital program. Plans show very
 attractive development which will be an enhancement to the waterfront and foreshore areas. No
 problems are anticipated regarding the approval of this Development Permit.


 REPORT/DOCUMENT:                            Attached:           Available:          Nil:
                                                                                            th
 Amended plans pertaining to the Multi-purpose Walkway as a result of the February 15
 Open House – see the plans attached to item 6b – Beach Avenue Multi - Use Walkway
 Project.

 OPTIONS:
 1. COTW can support the recommendation
 2. COTW can refer back to staff for more information
 3.COTW can choose not to support the recommendation




Development Permit 2010/10, 001 - Multi-Purpose Walkway                       Page 48 of 141
                                                                     Agenda Item # 6d)




                                            District of Peachland
                                                Request for Decision


 To:                               Committee of the Whole
 From:                             Elsie Lemke, CAO
 Date:                             February 11, 2010
 Subject:                          Peachland Community Curling & Multi-Use Facility Loan
                                   Authorization Bylaw
 Recommendation:                   THAT COTW recommend to Council that Bylaw 1936, 2010,
                                   Peachland Community Curling and Multi-Use Facility Loan
                                                                  st  nd    rd
                                   Authorization Bylaw, be given 1 , 2 and 3 reading, and
                                   further,
                                   THAT an information package be prepared for the public on
                                   the proposed Community Curling and Multi-Use Facility.



 Implications of Recommendation:

 General:                  A referendum is required to obtain elector approval for the borrowing of
                           funds for the proposed Community Curling and Multi-Use Facility.
 Organizational:           A majority ‘yes’ vote will provide the necessary approvals to proceed with
                           construction of the facility, whereas a majority ‘no’ vote will require the
                           District to decline the Building Communities – Communities Component
                           grant in the amount of $2,610,236.00.
 Financial:                Annual costs to finance the loan are $102,993. Estimated annual net
                           costs for the new community facility are $95,493.00.
 Policy:                   n/a

 BACKGROUND: At the February 9, 2010 Regular Council Meeting, Council passed the following
 resolution:
           “THAT Council direct staff to prepare for a Referendum for the borrowing of $1,333,000
           to build a community curling facility as follows:
               •   Pay back $1,333,000 over 25 years from taxation
               •   Contract with a third party to manage the facility for the benefit of the whole
                   community
               •   Peachland Curling Club block bookings by negotiated contract
               •   Facility to be available for a variety of community uses in the off season.

 It has been determined that it is not feasible to contract the facility to a third party, as there would
 not be sufficient financial opportunities to make this viable. The report has therefore been
 structured to provide non-curling season management by the Peachland Recreation Department.




Peachland Community Curling & Multi-Use Facility Loan                             Page 49 of 141
Authorization Bylaw
                                                                     Agenda Item # 6d)

 The information in this report is shown in the following categories:

                   Facility        cost projections, financing, lease, community uses
                   Referendum      proposed date, costs, question
                   Project         costs, grant, construction

     1. Facility

 It is proposed that the Peachland Community Curling and Multi-Purpose Facility will be a
 community facility, for the benefit of all residents. The District of Peachland will build the facility,
 subject to a successful referendum outcome for borrowing 1/3 of the project funding. The facility
 will then be under agreement to the Peachland Curling Club for 7 months of the year (September
 – March) during the curling season, and during the remaining five months, it will be available for
 other community uses. These uses may include:

              •    Trade Shows, Farmer’s Markets
              •    Special Events
              •    Private Functions
              •    Roller skating/blading
              •    Children’s programming
              •    Temporary skate park uses

 Most of these potential uses will typically be low or non-revenue producers, except for
 opportunities to rent the facility for private functions. Charges for rentals will be added to the
 Recreation Policy. The Annual Cost Estimate for the facility as a whole is attached, and proposes
 a net loss of $95,493 per year. That net cost takes into account an annual debt servicing cost of
 $102,993, for a loan of $1,356,743 from Municipal Finance Authority, for a 25 year term at an
 interest rate of 5.19%.

         Loan Amount               Interest Rate             Annual Payment             Term
         $1,356,743.00                5.19%                   $102,993.00              25 years

 The loan amount is $23,743.00 higher than the originally expected loan amount of $1,333,000.00,
 due to the Municipal Finance Authority’s loan charge of 1% of the value of the loan.

 Other costs for the facility include utilities, repairs, maintenance, wages, insurance, janitorial,
 gratis use and administration. On the revenue side, the Curling Club agreement would generate
 $52,500 (that amount could increase over time), which breaks down as follows, for each 7 month
 term:

         Annual Use Charges:                $25,000
         Utilities                          $20,000
         Capital Replacement Fee            $ 7,500*

 (*This fee is tied to membership, at $30.00 per member per year, so will change as membership
 numbers go up or down.)

 These revenues and expenses relate directly to the first few years of operation, and any changes
 over the first 5 years of the lease agreement are expected to be negligible. The Capital
 Replacement Fee is based on 250 adult members at $30.00 per member for the first two years,
 and small increases of 5% every two years thereafter. If the membership changes, this figure will
 change as well. The Capital Replacement Fee will be placed into the District’s “Reserve Fund” to
 be used for capital upgrades, repairs or replacements as determined by the District.

 It should be noted that the total annual cost, if amortization of the asset (over 35 years) is taken
 into account, would be $209,778.00. Since Council of the day will be ultimately responsible to



Peachland Community Curling & Multi-Use Facility Loan                             Page 50 of 141
Authorization Bylaw
                                                                     Agenda Item # 6d)

 decide whether it wishes to replace the building when it reaches the end of its useful life, the
 amortization cost is shown for information only.

 The new agreement proposed for the Peachland Curling Club is for 7 months per year over a five
 year period, with a potential for negotiating an additional term of up to five years. The Curling
 Club has use of the facility during the curling season, although the District can schedule the
 facility for public purposes provided the activities do not interfere with the scheduled activities of
 the Club. The Curling Club agreement provides for all residents of Peachland to have ample
 opportunity to enjoy this public facility, by encouraging use by elementary school students, and
 anyone interested in participating in the sport of curling. The Curling Club is responsible to
 maintain the facility entirely during the curling season, and to turn it over to the District at the end
 of the season each year, cleaned up (ice removed and cleaned up) and ready for the District to
 use for community purposes.

 Staff have reviewed the Curling Club’s Business Plan, and have made various amendments to
 the plan, based on other similar facilities throughout the Okanagan Valley. The amended
 operating budget and the comparisons to other clubs is attached for information only. An
 amended budget for the Curling Club is provided strictly for the purpose of demonstrating to
 Council, that based on reasonable projections of revenues and expenses, the Curling Club will be
 able to meet the obligations set out in the new proposed agreement. The Curling Club has been
 consulted on the new proposed agreement, and their ability to meet the terms and conditions in it.
 Council will be provided with a separate report to enter into the agreement with the Curling Club
 at a later date.

 Notice of termination will be given to the Curling Club, for the existing lease of the land only,
 between the District of Peachland and the Curling Club. The lease required that construction had
                                                         th
 to be commenced on the Curling Rink by September 20 , 2009. The new lease for the building
 will replace the land lease.

 All of the financial information and cost estimates for the facility operations and club’s operations
 have been reviewed by our Auditors, Rob Collins, CPA, Senior Manager, Grant Thornton LLP.
 Mr. Collins has provided a reply that states “Based on the information received by you, these
 amounts look reasonable.” A formal opinion letter will follow shortly.

     2. Referendum

 Referendum Question will be:

               “Are you in favour of the District of Peachland Council adopting the Community
               Curling and Multi-Use Facility Construction Loan Authorization Bylaw No.1936, 2010
               to authorize the borrowing of a maximum of One Million Three Hundred and Fifty Six
               Thousand, Seven Hundred and Forty Three Dollars ($1,356,743.00) for the
               Community Curling and Multi-Use Facility over a maximum of 25 years?”


 If Council passes three readings of the Bylaw on February 23, 2010, the following steps would
 take place:

              •   Director of Finance prepares the Liability Servicing Limit Certificate
              •   Submission of Bylaw and Certificate to Ministry of Community and Rural
                  Development for review and approval of the Inspector of Municipalities (this takes
                  approximately 4 weeks)
              •   Preparation of informational brochures, frequently asked questions, website
                  information, and preparation for informational open houses on the project




Peachland Community Curling & Multi-Use Facility Loan                             Page 51 of 141
Authorization Bylaw
                                                                  Agenda Item # 6d)

             •    Once Inspector’s approval is received, Council can set the date for the
                  referendum. At least two voting opportunities are required – one advance poll,
                  and general voting day. Also, mail ballot voting will be provided for.
             •    Public Notice of Other Voting as required by legislation is presented to Council
                  for approval. These Notices are then advertised and posted in accordance with
                  legislation and our Elections Bylaw
             •    Informational open houses are hosted for the public

 If all matters proceed in a timely fashion, the referendum date could be set for sometime in May.


 Council may wish to arrange for the hosting of public information open houses, provide
 information brochures with frequently asked questions section, website information on the project,
 etc. It is recommended that this work be contracted to a communications consultant.


     3. Project

 Costs – $4,001,156.00

 Grant - $2,610,236.00

 Long Term Loan - $1,356,743.00 (includes an MFA loan administration fee of $23,743.00)

 Fundraising – Ineligible Costs - $57,920.00

 Costs to Peachland households:

 If your Residential Assessment is:                        Annual Tax Increase

              $250,000                                             $19.68
              $300,000                                             $23.61
              $400,000                                             $31.48
 (Average)    $437,019                                             $34.39
              $500,000                                             $39.35
              $600,000                                             $47.22

 This cost could go up or down, depending on the actual operating costs of the facility.

 The prime consultant on the construction for the Curling Club, Bruce Walker, P.Eng. of VicVan
 Isle Construction was contacted regarding the costs of construction. He assured staff that the
 construction costs as projected are still valid, and he does not foresee any need to increase those
 estimates. He did mention that the District may want to consider adding a second floor inside the
 entry way to the building, for future use as meeting room space, programming space, etc. That
 would add approximately $25,000 to the project. We will expect the Curling Club to turn over
 their project drawings to the District for our use in the construction of the building.

 REPORT/DOCUMENT:                              Attached: X         Available:              Nil:

         OPTIONS:         1.      COTW CAN SUPPORT RECOMMENDATION.
                          2.      COTW CAN MAKE AMENDMENTS TO THE
                                  RECOMMENDATION.
                          3.      COTW CAN REQUEST ADDITIONAL INFORMATION OF
                                  STAFF PRIOR TO PASSING A RESOLUTION.




Peachland Community Curling & Multi-Use Facility Loan                           Page 52 of 141
Authorization Bylaw
                                                                     Agenda Item # 6d)

                   THE CORPORATION OF THE DISTRICT OF PEACHLAND

                                        BYLAW NUMBER 1936

      Peachland Community Curling and Multi-Use Facility Loan Authorization Bylaw



WHEREAS it is deemed desirable and expedient to construct a Community Curling and Multi-Purpose
                                                                                 th
Facility, located on property owned by the District of Peachland, at the end of 6 Street, and legally
known as Lot 1, Plan KAP90284, District Lot 490, ODYD;

AND WHEREAS the estimated cost of construction of the Community Curling and Multi-Use Facility is the
sum of Four Million One Thousand One Hundred and Fifty Six Dollars ($4,001,156.00);

AND WHEREAS the term of the debt that may be authorized by this bylaw is twenty-five (25) years;

AND WHEREAS the approval of the Inspector of Municipalities has been obtained prior to adoption;

AND WHEREAS the Council has provided for a referendum process in relation to the proposed Loan
Authorization Bylaw;

AND WHEREAS the debt to be created by this bylaw is the sum of One Million Three Hundred Fifty Six
Thousand Seven Hundred Forty Three Dollars ($1,356,743.00);

NOW THEREFORE, the Municipal Council of the District of Peachland, in open meeting assembled,
enacts as follows:

    1. The Council is hereby empowered and authorized to undertake and carry out or cause to be
       carried out the construction of the Community Curling and Multi-Use Facility as shown on the
       plans at the District Office, and to do all things necessary in connection therewith and without
       limiting the generality of the foregoing:

        (a) To borrow upon the credit of the municipality a sum not exceeding One Million Three
            Hundred Fifty Six Thousand Seven Hundred Forty Three Dollars ($1,356,743.00);
        (b) To acquire all such easements, rights-of-way, licenses, rights or authorities as may be
            requisite or desirable for or in connection with the construction of the said Community Curling
            and Multi-Use Facility.

    2. The maximum term for which debentures may be issued to secure the debt created by this bylaw
       is twenty-five (25) years.

    3. This bylaw shall take effect on the date of its adoption by Council.

    4. This bylaw may be cited for all purposes as the “Peachland Community Curling and Multi-Use
       Facility Construction Loan Authorization Bylaw No. 1936, 2010.”




  Peachland Community Curling & Multi-Use Facility Loan                           Page 53 of 141
  Authorization Bylaw
                                        Bylaw No. 1936 – Page 2
                                                                  Agenda Item # 6d)

READ A FIRST TIME, this    day of February, 2010

READ A SECOND TIME, this         day of February, 2010

READ A THIRD TIME, this        day of February, 2010

RECEIVED THE APPROVAL OF THE INSPECTOR OF MUNICIPALITIES this               day of     , 2010
RECEIVED ASSENT OF THE ELECTORS BY REFERENDUM this day of                   ,2010

FINALLY RECONSIDERED AND ADOPTED, this             day of    ,2010




________________________________                         ______________________________________
Mayor                                                    Corporate Officer




Dated at Peachland, B.C.
This day of           , 2010




 Peachland Community Curling & Multi-Use Facility Loan                      Page 54 of 141
 Authorization Bylaw
                                                                Agenda Item # 6d)




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Peachland Community Curling & Multi-Use Facility Loan                                           Page 59 of 141
Authorization Bylaw
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Peachland Community Curling & Multi-Use Facility Loan                         Page 62 of 141
Authorization Bylaw
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Peachland Community Curling & Multi-Use Facility Loan                        Page 63 of 141
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                                                                         Agenda Item # 6d)

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Peachland Community Curling & Multi-Use Facility Loan                                       Page 64 of 141
Authorization Bylaw
                                                                      Agenda Item # 6d)

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                                                       )
Peachland Community Curling & Multi-Use Facility Loan                           Page 65 of 141
Authorization Bylaw
                                                            Agenda Item # 6d)

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                                                +
Peachland Community Curling & Multi-Use Facility Loan                     Page 66 of 141
Authorization Bylaw
                                                                  Agenda Item # 6d)


         4 " & ' !"#(! %!((- "# " @ " ( !(C !(- ! -(& !(- " ;( % $(             -(! ! !(& ( " ' @
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Peachland Community Curling & Multi-Use Facility Loan                         Page 67 of 141
Authorization Bylaw
                                                            Agenda Item # 6d)


         "



                                                        %

                                                             "




                                                *
Peachland Community Curling & Multi-Use Facility Loan             Page 68 of 141
Authorization Bylaw
                                   Agenda Item # 6e)




Peachland Community Arts Council         Page 69 of 141
                                   Agenda Item # 6e)




Peachland Community Arts Council         Page 70 of 141
                                   Agenda Item # 6e)




Peachland Community Arts Council         Page 71 of 141
Page 72 of 141
                    Agenda Item # 6f)




Peachland Players        Page 73 of 141
                    Agenda Item # 6f)




Peachland Players        Page 74 of 141
                    Agenda Item # 6f)




Peachland Players        Page 75 of 141
Page 76 of 141
                                                               Agenda Item # 6g)




                                          District of Peachland
                                           Committee of the Whole


 To:                            Committee Members
 From:                          Elsie Lemke, CAO
 Date:                          February 17, 2010
 Subject:                       Primary School Implementation Committee
 Recommendation:                THAT COTW recommends that Council appoint the
                                following members to the Primary School Implementation
                                Committee:
                                          Mayor Fielding, Councillor Condon, Councillor Bell,
                                          Doris Haas, Judy Wyper, Chris Byrd, Richard Smith,
                                          Rob Campbell, Loretta Robinson, Craig Monley,
                                          Diane Entwistle,
                                AND FURTHER, THAT COTW recommends that Council
                                adopt the purpose of the Committee as follows:
                                The role of the committee is to:
                            •   Serve as the planning and coordinating body responsible
                                for oversight of progress on the Primary School restoration
                                project, including periodic reporting to Council;
                            •   Serve as “client” with respect to proposed work plans and
                                provide guidance to the construction project through staff,
                                for implementation consistent with Council directives and
                                Anchor Tenant tenancy agreements;
                            •   Identify potential grant opportunities and coordinate the
                                acquisition of such funding in consultation with District
                                staff;
                            •   Pursue offers of financial support, material donation, and
                                volunteer labour and recommend how such resources can
                                be best deployed.
                            •   Monitor progress and liaise with municipal staff, and to
                                engage any questions or problems that arise as renovation
                                proceeds;
                            •   Coordinate communication and reporting requirements.




Primary School Implementation Committee                                   Page 77 of 141
                                                                  Agenda Item # 6g)


 Implications of Recommendation:

 General:                 Provides for establishment of the Primary School Implementation
                          Committee, its membership and its purposes.
 Organizational:           Staff will provide support to the Committee as required.
 Financial:               Current budget for $200,000 – to be approved during the regular budget
                          cycle.
 Policy:                  Decision on Primary School identified as a Strategic Priority by Council in
                          2009.


 BACKGROUND:            At the November 10, 2009 Regular Council Meeting, the following
 resolution was passed:


           “THAT Council adopts the report and recommendations of the Primary School Review
           Committee, as a basis for proceeding with a plan to save and renovate the Peachland
           Primary School; that report being attached as Appendix 1 of the report dated October
             th
           29 , 2009 submitted at the November 10, 2009 Regular Council Meeting; and
           THAT an implementation steering committee comprised of staff, representatives from the
           Primary School Review Committee, representatives from the Boys and Girls Club, and
           representatives from the Chamber of Commerce/Visitors Information Centre be struck to
           oversee project development; and
           THAT the composition of the implementation steering committee be determined after
           further consultation and reported to Council for approval at a subsequent meeting; and
           THAT the Chief Administrative Officer develop for review with the implementation
           steering committee and Council, recommendations for a suitable approach to the
           management of onsite project work; and
           THAT following creation of the appropriate project management structures an
           implementation work plan be prepared for review with Council, followed thereafter by
           quarterly reports; and further
           THAT the Primary School Review Committee now be disbanded.”


 In consultation with Mayor Fielding, the Committee Membership and Purpose of the Primary
 School Implementation Committee is hereby proposed to Council.


 Committee Membership:
 It is proposed that the Primary School Implementation Committee consist of the following
 members:
           Council Members:       Mayor Keith Fielding, Councillor Terry Condon, Councillor
                                  Lindsay Bell
           Community Members: Doris Haas, Judy Wyper, Chris Byrd, Richard Smith
           Tenant Members:        Rob Campbell, Loretta Robinson, Craig Monley, Diane Entwistle




Primary School Implementation Committee                                        Page 78 of 141
                                                                      Agenda Item # 6g)

 Staff support provided by:         CAO Elsie Lemke, Director of Operations Doug Allin, and
                                    Executive Assistant Erin Boyes


 Construction Superintendent:       To be determined – by contract.


 Purpose
 The role of the committee is to:
                               •    Serve as the planning and coordinating body responsible for
                                    oversight of progress on the Primary School restoration project,
                                    including periodic reporting to Council;
                               •    Serve as “client” with respect to proposed work plans and
                                    provide guidance to the construction project through staff, for
                                    implementation consistent with Council directives and Anchor
                                    Tenant tenancy agreements;
                               •    Identify potential grant opportunities and coordinate              the
                                    acquisition of such funding in consultation with District staff;
                               •    Pursue offers of financial support, material donation, and
                                    volunteer labour and recommend how such resources can be
                                    best deployed.
                               •    Monitor progress and liaise with municipal staff, and to engage
                                    any questions or problems that arise as renovation proceeds;
                               •    Coordinate communication and reporting requirements.


 REPORT/DOCUMENT:                                Attached:            Available:            Nil: X



         OPTIONS:         1.        COTW CAN SUPPORT RECOMMENDATION.
                          2.        COTW CAN MAKE AMENDMENTS TO THE
                                    RECOMMENDATION.
                          3.        COTW CAN REQUEST ADDITIONAL INFORMATION OF
                                    STAFF PRIOR TO PASSING A RESOLUTION.




Primary School Implementation Committee                                            Page 79 of 141
Page 80 of 141
                                                             Agenda Item # 6h)




                                          District of Peachland
                                          Committee of the Whole


 To:                            Committee of the Whole
 From:                          Elsie Lemke, CAO
 Date:                          February 2, 2010
 Subject:                       Soil Deposit and Removal Bylaw No. 1934, 2010
                                                                                 st      nd
 Recommendation:                THAT COTW recommend that Council approve 1 and 2
                                reading of Soil Deposit and Removal Bylaw.




 BACKGROUND:           At the February 9 Committee of the Whole meeting, the Soil Deposit and
 Removal Bylaw No. 1934, 2010 was reviewed. Staff was asked to provide information of various
 questions and make a number of changes to the proposed bylaw.
 In response to COTW’s input, attached is a copy of a memorandum dated February 16, 2010
 from Pat Kendall, Young Anderson Lawyers, a copy of the black lined version of the bylaw
 identified changes, and an updated Bylaw 1934, 2010 that can now be considered for a
                     st     nd
 recommendation of 1 , and 2 reading.
 The Traffic Amendment Bylaw will be provided to a COTW and Council meeting in March.
 REPORT/DOCUMENT:                          Attached: X        Available:          Nil:



         OPTIONS:        1.     COTW CAN SUPPORT RECOMMENDATION.
                         2.     COTW CAN MAKE AMENDMENTS TO THE
                                RECOMMENDATION.
                         3.     COTW CAN REQUEST ADDITIONAL INFORMATION OF
                                STAFF PRIOR TO PASSING A RESOLUTION.




Bylaw No. 1934 Soil Deposit and Removal                                    Page 81 of 141
Page 82 of 141
                                                                   Agenda Item # 6h)


February 16, 2010

Further to your February 10th email, we have revised the soil deposit and removal bylaw to
address the points in your email and a revised, black-lined bylaw is enclosed. We have also
made some incidental changes, which are also black-lined.

Purposes of Bylaw

After reconsidering section 7, which outlined the purposes of the bylaw, we have deleted this
section. The purposes of the bylaw are set out in the recitals - the regulation, prohibition and
imposition of requirements in relation to soil deposit and removal.

We noted that the bylaw contains provisions that, although certainly related to soil
removal/deposit operations, might be seen as aimed at protecting the natural environment.
Protection of the environment is a power that Council enjoys under section 8(3)(j) of the
Charter, but this power is concurrently shared with the Province and so is subject to section 9.
The Spheres of Concurrent Jurisdiction - Environment and Wildlife Regulation, enacted pursuant
to section 9(4) of the Charter, authorizes a municipality to regulate, prohibit and impose
requirements in relation to polluting or obstructing or impeding the flow of a watercourse,
whether or not it is located on private property. So to this extent, protection of the natural
environment is also a purpose of the bylaw and Council is permitted by the Regulation to protect
watercourses without the bylaw being approved by the Province.

You will note that we added a recital regarding this additional purpose of the bylaw.

Definition of Owner

The definition of “owner” in section 3 of the bylaw applies because “owner” is defined this way
in the Community Charter, and these Charter definitions apply to bylaws.

The definition of “owner” includes “an Indian who is an owner under the letters patent of a
municipality incorporated under section 12 of the Local Government Act”. Section 12 authorizes
the residents of land within an Indian reserve to be incorporated as a village. We’re assuming
this was not how Peachland was incorporated.

So the fact that the gravel pit was purchased by a First Nations member would not mean that this
owner and the gravel pit property would not be fully subject to the District’s soil bylaw.

Permit Refusal

We wished to reinforce the Director’s ability to refuse to issue a permit, where information has
satisfactorily been provided, but the information does not show there will be compliance with the
listed conditions. For this reason, we have amended the wording of section 22. It will be
especially important for the District’s technical advisors to confirm that the listed conditions in
section 22 are complete.



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  Bylaw No. 1934 Soil Deposit and Removal                                       Page 83 of 141
                                                                   Agenda Item # 6h)
                                                   2

We do note there is some overlap between sections 22 and 28, which could be addressed by the
District’s engineer.

Removal of Excess Soil

We question whether the District wishes to revise the per cubic metre charge under section 35 if
the permit holder removes more soil than permitted under the permit. Assuming the permit
charge is $1.10 per cu.m., the permit holder would have an incentive to seek a lower volume of
soil removal under the permit and then pay the excess charge at $.50 per cu.m. It seems the
excess charge should be at least equal to or even higher than the basic charge, as a disincentive to
the permit holder removing more soil than permitted under the permit.

Assuming the section 35 fee is changed to $2.20 per cu.m., as is the fee under section 36, the
land owner may argue the increased fee is really a penalty, which can only be imposed by a court
under section 60. Nonethleless, we think these sections should remain with increased fees, as the
District may be able to justify them on the basis of increased administrative costs associated with
the owner’s breach of the permit and bylaw.

It is not necessary to add a fine/penalty to sections 35 and 36, since a penalty is already provided
for in section 60. Penalties can be imposed only by the court.

Security

The District did not comment on the security section, but on reflection, we think it will be
impractical for the District to base the security on the estimated cost of the work. Since the
permit holder must already provide an estimate of reclamation costs as part of the permit
application, we think the security should be a percentage of these reclamation costs.

Insurance

We checked with our firm’s insurance agent, who confirmed that it is not possible for an
insurance policy to be non-cancellable.

Enforcement

We believe the changes to the bylaw address Council’s concerns about stop work orders and
immediate permit suspension.

Please call if you wish to discuss any of these points.

Regards,

Pat Kendall




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  Bylaw No. 1934 Soil Deposit and Removal                                       Page 84 of 141
                                                                                         Agenda Item # 6h)




                       THE CORPORATION OF THE DISTRICT OF PEACHLAND

               SOIL DEPOSIT AND REMOVAL BYLAW NUMBER _________, 2010




WHEREAS Section 8(3)(m) of the Community Charter authorizes Council, by bylaw, to
regulate, prohibit and impose requirements in relation to the removal of soil and the deposit of
soil and other material;

AND WHEREAS Section 9 of the Community Charter provides that a bylaw under section
8(3)(m) that prohibits soil removal, or that prohibits the deposit of soil or other material, making
reference to quality of the soil or to contamination, cannot be adopted unless the bylaw is
approved by the Minister of Energy, Mines and Petroleum Resources;

AND WHEREAS Section 195 of the Community Charter provides that Council may, by bylaw,
do one or both of the following:

        (a)     impose rates or levels of fees for a permit required under a municipal bylaw for

                (i)      the removal of soil from, or

                (ii)     the deposit of soil or other material on any land in the municipality or in
                         any area of the municipality;

        (b)     impose rates or levels of fees for the activities referred to in paragraph (a);

AND WHEREAS Section 12(1) of the Community Charter provides that a bylaw under the
Charter may do one or more of the following:

        (a)     make different provisions for different areas, times, conditions or circumstances
                as described by bylaw;

        (b)     establish different classes of persons, places, activities, property or things;

        (c)     make different provisions, including exceptions, for different classes established
                under paragraph (b).

AND WHEREAS Section 195 further provides that without limiting section 12(1) of the
Community Charter, fees under section 195 may vary according to the quantity of soil removed
or the quantity of soil or other material deposited and may be different for different areas of the
municipality;


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    Bylaw No. 1934 Soil Deposit and Removal                                                              Page 85 of 141
                                                                                             Agenda Item # 6h)




                                                        2

AND WHEREAS Section 195 further provides that a bylaw under that section has no effect until
it is approved by the Minister of Community and Rural Development;

AND WHEREAS Section 8(3)(j) of the Community Charter authorizes Council, by bylaw, to
regulate, prohibit and impose requirements in relation to protection of the natural environment,
subject to Section 9;

AND WHEREAS Section 2(1)(a) of the Spheres of Concurrent Jurisdiction - Environment and
Wildlife Regulation, enacted pursuant to section 9(4) of the Community Charter, authorizes a
municipality to regulate, prohibit and impose requirements in relation to polluting or obstructing,
or impeding the flow of, a stream, creek, waterway, watercourse, waterworks, ditch, drain or
sewer, whether or not it is located on private property;



NOW THEREFORE, pursuant to the above recited and other authority, the Council of the
Corporation of the District of Peachland, in open meeting assembled, enacts as follows:



                 PART ONE - DEFINITIONS, PURPOSE AND APPLICATION

TITLE

1.      This Bylaw may be cited as “Soil Deposit and Removal Bylaw No. ___, 2010”.

REPEAL

2.      This Bylaw repeals “Earthwork Control Bylaw Number 832, 1982” and “Earthworks
        Control Bylaw No. 832 Amendment Bylaw Number 1852, 2007”.

DEFINITIONS

3.      In this Bylaw, the following terms shall have the following meanings:

        “Council” means the Municipal Council of the District;

        “deposit” includes the act of moving soil and placing it on any parcel, highway or in any
        water, and includes creating a stockpile or other storage facility or otherwise storing soil;

        “Director” means:




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     Bylaw No. 1934 Soil Deposit and Removal                                                                  Page 86 of 141
                                                                                             Agenda Item # 6h)




                                                        3

        (a)      the person named, from time to time, to fill the position of Director of Operations,
                 or such other name, from time to time, for the head of the District’s public works
                 department;

        (b)      his or her deputy; and

        (c)      any consulting engineer appointed by the District to carry out the duties of the
                 Director under this Bylaw;

        “District” means the District of Peachland;

        "farm business" means a business in which one or more farm operations are conducted,
        and includes a farm education or farm research institution to the extent that the institution
        conducts one or more farm operations;

        “farm operations” means any of the following activities involved in carrying on a farm
        business:

        (a)      growing, producing, raising or keeping animals or plants, including mushrooms,
                 or the primary products of those plants or animals;

        (b)      clearing, draining, irrigating or cultivating land;

        (c)      using farm machinery, equipment, devices, materials and structures;

        (d)      applying fertilizers, manure, pesticides and biological control agents, including by
                 ground and aerial spraying;

        (e)      conducting any other agricultural activity on, in or over agricultural land;

        and includes




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     Bylaw No. 1934 Soil Deposit and Removal                                                                  Page 87 of 141
                                                                                             Agenda Item # 6h)




                                                        4

        (f)      intensively cultivating in plantations, any

                 (i)      specialty wood crops, or

                 (ii)     specialty fibre crops prescribed by the minister;

        (g)      conducting turf production

                 (i)      outside of an agricultural land reserve, or

                 (ii)     in an agricultural land reserve with the approval under the Agricultural
                          Land Commission Act of the Provincial Agricultural Land Commission;

        (h)      aquaculture as defined in the Fisheries Act if carried on by a person licensed,
                 under Part 3 of that Act, to carry on the business of aquaculture;

        (i)      raising or keeping game, within the meaning of the Game Farm Act, by a person
                 licensed to do so under that Act;

        (j)      raising or keeping fur bearing animals, within the meaning of the Fur Farm Act,
                 by a person licensed to do so under that Act;

        (k)      processing or direct marketing by a farmer of one or both of

                 (i)      the products of a farm owned or operated by the farmer, and

                 (ii)     within limits prescribed by the Minister of Agriculture and Lands pursuant
                          to the Farm Practices Protection (Right to Farm) Act, products not of that
                          farm, to the extent that the processing or marketing of those products is
                          conducted on the farmer's farm;

        but does not include

        (l)      an activity, other than grazing or hay cutting, if the activity constitutes a forest
                 practice as defined in the Forest and Range Practices Act;

        (m)      breeding pets or operating a kennel;

        (n)      growing, producing, raising or keeping exotic animals, except types of exotic
                 animals prescribed by the Minister of Agriculture and Lands pursuant to the Farm
                 Practices Protection (Right to Farm) Act;

        “permit” means a soil removal or soil deposit permit issued under this Bylaw;

        “reclamation plan” means the plan referred to in section 18(ff)18(ff)18(ff);

        “registered professional” means an engineer, geoscientist, agrologist, environmental
        consultant, or land surveyor who is registered with a professional association that is

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     Bylaw No. 1934 Soil Deposit and Removal                                                                  Page 88 of 141
                                                                                             Agenda Item # 6h)




                                                        5

        regulated by a statute, appointed to act in the capacities described under the sections of
        this Bylaw requiring a registered professional;

        “remove” means the act of excavating or removing soil, rock or topsoil from its naturally
        occurring location on any parcel or land including creek beds, river beds and submerged
        lands or from a stockpile or other storage facility;

        “stockpile” means any accumulation of soil which has been removed from its natural
        position;

        “topsoil” means the surface layer of soil which contains organic material and is capable
        of supporting plant growth.

4.      The following definitions are not a part of this Bylaw, but they apply to this Bylaw by
        virtue of their presence in the Schedule of the Community Charter:

        "owner" means, in respect of real property,

        (a)      the registered owner of an estate in fee simple,

        (b)      the tenant for life under a registered life estate,

        (c)      the registered holder of the last registered agreement for sale,

        (d)      the holder or occupier of land held in the manner referred to in section 228
                 [taxation of Crown land used by others] or section 229 [taxation of municipal
                 land used by others], and

        (e)      an Indian who is an owner under the letters patent of a municipality incorporated
                 under section 12 [incorporation of reserve residents as a village] of the Local
                 Government Act;

        "parcel" means any lot, block or other area in which land is held or into which it is
        subdivided, but does not include a highway;

        "soil" includes sand, gravel, rock and other substances of which land is composed.

5.      For clarity, the term “soil” includes topsoil, silt, clay, peat and any combination of soil
        materials.

6.      For clarity, the term “parcel” includes a strata lot and strata common property.

PURPOSE OF BYLAW




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     Bylaw No. 1934 Soil Deposit and Removal                                                                  Page 89 of 141
                                                                                             Agenda Item # 6h)




                                                        6

7.This Bylaw is enacted:

        (a)to protect persons and property from erosion and subsidence hazards associated with
                the deposit and removal of soil;

        (b)to protect the environment from damage that may result from soil deposit and removal
                activities;

        (c)to protect public property, including highways, from damage that may result from the
                transportation of soil within the District; and

        (d)to raise sufficient monies for the District’s costs of administering the regulatory
               scheme established by this Bylaw and for the District’s costs of rebuilding,
               repairing and maintaining municipal highways damaged by trucks and other
               vehicles carrying soil.

APPLICATION OF BYLAW

7.      This Bylaw applies to the removal of soil from one parcel within the District and its
        deposit on another parcel within the District.

8.      This Bylaw applies to removal of soil from one portion of a parcel and its deposit on
        another portion of the same parcel.

9.      This Bylaw applies to deposit within the District of soil removed from outside the
        District.

10.     This Bylaw applies to the removal of soil from the District, even though the removed soil
        is deposited or is intended to be deposited outside the District.

11.     This Bylaw applies to the removal of soil from and the deposit of soil to creek beds, river
        beds, and other lands covered by water, and the foreshore of such watercourses.



                 PART TWO - REQUIREMENT FOR PERMIT AND EXCEPTIONS

REQUIREMENT FOR PERMIT

12.     Unless exempted by this Bylaw, no person shall remove soil from within the District or
        deposit soil within the District unless the person has been issued a permit pursuant to this
        Bylaw and unless the person is in strict compliance with the permit.

EXCEPTIONS TO PERMIT REQUIREMENT

13.     A permit is not required under this Bylaw for:



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      Bylaw No. 1934 Soil Deposit and Removal                                                                 Page 90 of 141
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                                                        7

        (a)      Building Permit - soil deposit or removal required for the construction,
                 alteration, repair or demolition of a building, retaining wall, swimming pool or
                 other structure for which a valid building permit has been issued by the District;

        (b)      Sewage Disposal System - soil deposit or removal required for the installation of
                 a sewage disposal system for which all permits and approvals have been issued;

        (c)      Retaining Wall - soil deposit or removal required for the construction of a
                 retaining wall for which a building permit is not required, namely one which does
                 not need exceed 1.5 metres in height from the ground level on one side to the
                 ground level on the opposite side, and which is intended to hold the ground in
                 place against the forces of gravity;

        (d)      Subdivision Servicing Works - soil deposit or removal undertaken in the course
                 of construction of works in connection with a subdivision servicing agreement
                 pursuant to section 940 of the Local Government Act and in accordance with
                 engineering plans that have been approved by the District;

        (e)      Development Servicing Works - soil deposit or removal undertaken in the
                 course of construction of works in connection with a development servicing
                 agreement pursuant to section 940 of the Local Government Act and in
                 accordance with engineering plans that have been approved by the District;

        (f)      Utility Works - soil deposit or removal undertaken in the course of installation
                 and maintenance of water works, sanitary sewerage works, stormwater drainage
                 works, electrical lines, gas supply lines, telecommunications lines, and other
                 utility works;

        (g)      Driveway Maintenance - soil deposit or removal undertaken in the course of
                 maintenance and repair of an existing residential driveway or parking area;

        (h)      Golf Course Maintenance - soil deposit or removal undertaken as part of
                 maintenance of a golf course;

        (i)      Nursery Business - soil deposit or removal undertaken by a florist, nurseryman,
                 or horticulturist and where such soil is required for the business and used on the
                 parcel on which that person and carries on the business;

        (j)      Public Works - soil deposit or removal in any way connected with public works
                 and activities undertaken by or on behalf of the District, a regional district, or a
                 provincial ministry, including landscaping, parks development and maintenance,
                 landfill and composting operations, and highway, trail and pathway construction
                 and maintenance;

        (k)      Farm Operations - soil deposit or removal up to 200 cubic metres per calendar
                 year undertaken as part of a farm operation;


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     Bylaw No. 1934 Soil Deposit and Removal                                                                  Page 91 of 141
                                                                                             Agenda Item # 6h)




                                                        8

        (l)      Minor Quantities - soil deposit or removal, from any parcel in any calendar year,
                 of less than 50 cubic metres in total of all soil deposited and removed, to a
                 maximum depth of excavation or height of deposit of 1.0 metre, unless the
                 Director determines, after inspecting the parcel, that such soil deposit or removal
                 could reasonably be expected to create a hazard to an occupier of the parcel, an
                 owner or occupier of an adjacent parcel, or persons using an adjacent highway.



                          PART THREE - APPLICATIONS FOR PERMITS

PERMIT APPLICATION

14.     An application for a permit must be made in the form prepared for that purpose by the
        Director.

15.     A separate application for a separate permit must be made for each parcel from which
        soil is to be removed or onto which soil is to be deposited.

16.     The permit application must be signed by the applicant, and if the applicant is not the
        owner, by all owners of the parcel, and by any other person the Director considers has an
        interest in the property and ought to consent to the application, and in the case of strata
        property, by an authorized representative of the strata corporation, plus the strata lot
        owner or any other person the Director considers has an interest in the property and
        ought to consent to the application.

PERMIT APPLICATION FEE

17.      At the time of applying for a permit, the applicant must pay a non-refundable application
        fee to the District as follows:

        (a)      if the total amount of soil proposed to be deposited or removed under a permit is
                 100 cubic metres or less - $200.00;

        (b)      if the amount is greater than 100 cubic metres but less than 1000 cubic metres -
                 $500.00;

        (c)      if the amount is greater than 1,000 cubic metres - $1,500.00.

PERMIT APPLICATION INFORMATION

18.     Unless directed otherwise by the Director, every application for a permit shall include the
        following information, all to the satisfaction of the Director:

        (a)      Parcel Identification - the civic address and legal description of the parcel from
                 which soil is to be removed or to which soil is to be deposited, together with a
                 recent land title search of the parcel;


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      Bylaw No. 1934 Soil Deposit and Removal                                                                 Page 92 of 141
                                                                                             Agenda Item # 6h)




                                                        9

        (b)      Corporate Information - where the applicant, the owner or both are
                 corporations, a Corporate Registry search confirming the company is
                 incorporated, not in bankruptcy or receivership, and in good standing as to the
                 filing of annual reports;

        (c)      Registered Charges - copies of all easements, rights of way, covenants and other
                 charges registered against title to the parcel, together with copies of relevant
                 plans;

        (d)      Purpose - the purpose for the soil deposit or removal;

        (e)      Quantity of Soil to be Removed - the quantity of soil to be removed from the
                 parcel for the year of the permit and for future years under proposed renewals of
                 the permit;

        (f)      Quantity of Soil to be Deposited - the quantity of soil to be deposited onto the
                 parcel for the year of the permit and future years under proposed renewals of the
                 permit;

        (g)      Soil Removal/Deposit Areas - a plan showing the area or areas on the parcel
                 from which soil will be removed or to which soil will be deposited;

        (h)      Source/Destination of Soil - information about the source of soil to be deposited
                 or the destination of soil to be removed;

        (i)      Hauling Routes - a plan showing the routes, on-site and off-site, over which the
                 soil will be moved;

        (j)      Hauling Vehicles - size, weight, ownership and other information about the
                 vehicles by which the soil will be transported, both on-site and off-site;

        (k)      Commencement Date - date of commencement of the soil removal or deposit;

        (l)      Duration - requested duration of the permit and information about proposed
                 renewals of the permit;

        (m)      Operator - if different from the applicant, name of the person or corporation who
                 will manage the soil deposit or removal operation;

        (n)      Hauler - if different from the applicant, name of the person or corporation who
                 will transport the soil off-site;

        (o)      Surrounding Areas - a plan showing the location of the parcel in relation to
                 surrounding land areas, together with information about the ownership and use of
                 the surrounding land areas;

        (p)      Description of Parcel - a plan showing all pertinent features of the parcel,
                 including buildings, structures, utility works, driveways, roadways, retaining

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     Bylaw No. 1934 Soil Deposit and Removal                                                                  Page 93 of 141
                                                                                             Agenda Item # 6h)




                                                       10

                 walls, equipment, other improvements, and lakes, streams and other watercourses
                 on the parcel;

        (q)      Screening - proposed methods of providing screening, by landscaping, berming
                 or otherwise;

        (r)      Communications - a proposed communications plan to advise and inform
                 residents adjacent to the site on a periodic basis as to the soil removal and deposit
                 operations;

        (s)      Topographical Plan - a topographical plan of the parcel and surrounding
                 downstream land areas;

        (t)      Drainage - a plan showing the proposed control of stormwater drainage during
                 the soil removal or deposit operation, including drainage measures, and measures
                 to control siltation of watercourses and drainage works;

        (u)      Compaction - information about the compaction of fill;

        (v)      Erosion - information about the susceptibility of proposed soil deposit and
                 removal areas to erosion or subsidence, and measures to control erosion and
                 subsidence;

        (w)      Dust Control - the dust control measures proposed to be undertaken to ensure
                 that soil materials are not blown from the parcel during the conduct of the
                 operations;

        (x)      Tree Cover - a plan and other information showing the extent and areas of trees
                 and other vegetation that would be affected by the soil deposit or removal;

        (y)      Wildlife - a plan and other information showing the extent and areas of birds and
                 wildlife that would be affected by the soil deposit or removal;

        (z)      Hours/Days/Months - the hours and days of the week and months of the year
                 proposed for soil deposit or removal;

        (aa)     Noise Control - information about noise control measures;

        (bb)     Stockpiling - a plan and other information showing the location and configuration
                 of proposed stockpiling of soil, and measures proposed to maintain it so as not to
                 adversely affect adjacent property;

        (cc)     Slope Details – information about the final slope of the any deposited soil and/or
                 excavated areas;

        (dd)     Public Safety - proposed public safety precautions;



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     Bylaw No. 1934 Soil Deposit and Removal                                                                  Page 94 of 141
                                                                                             Agenda Item # 6h)




                                                       11

        (ee)     Site Profile - if required under section 946.2 of the Local Government Act, a site
                 profile under the Environmental Management Act;

        (ff)     Reclamation Plan - a reclamation plan and estimated cost for the reclamation of
                 the soil removal or deposit site after completion of the soil deposit or removal,
                 including the steps to be taken to ensure the site is covered with topsoil, seeded or
                 otherwise treated to encourage growth of vegetation and control erosion, and
                 provided with adequate surface drainage works;

        (gg)     Agricultural Land Reserve - for land within the agricultural land reserve,
                 confirmation satisfactory to the Director that the proposed soil deposit or removal
                 is permitted by the Agriculture Land Reserve Use, Subdivision and Procedure
                 Regulation or the owner has received approval from the Provincial Agricultural
                 Land Commission for a non-farm use;

        (hh)     Other Information - other plans and information considered relevant by the
                 Director.

PROFESSIONAL REPORTS

19.     The Director may require the applicant for a permit to engage the services of a registered
        professional satisfactory to the Director to provide information and certifications related
        to the application for the permit.

INSPECTION OF PARCEL

20.     The Director may inspect any parcel that is the subject of an application for a permit for
        any purpose related to this Bylaw.



                          PART FOUR - ISSUANCE AND REFUSAL OF PERMITS

PERMIT ISSUANCE

21.     When all conditions have been met for the issuance of the permit pursuant to this Bylaw,
        a permit shall be issued, subject to the terms and conditions of by this Bylaw.

PERMIT CONDITIONS

22.     The Director shall not issue a permit unless the Director is satisfied that the application
        information satisfies all of the following conditions: It shall be a condition of every
        permit that:

        (a)      Engineering Principles - soil deposit and removal be undertaken in accordance
                 with sound geotechnical engineering principles;



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      Bylaw No. 1934 Soil Deposit and Removal                                                                 Page 95 of 141
                                                                                             Agenda Item # 6h)




                                                       12

        (b)      Surface Drainage - positive gravity surface drainage be maintained in all soil
                 deposit and removal areas, and surface drainage of adjacent land not be
                 interrupted;

        (c)      Highway Damage - damage to District highways and damage to District
                 drainage facilities caused by the transportation of soil be immediately repaired or
                 corrected in accordance with requirements of the Director;

        (d)      Change of Owner - the District must be immediately notified of any change or
                 prospective change to the ownership of the parcel to which the permit applies;

        (e)      Maximum Slopes - unless the Director authorizes otherwise, a stockpile of soil
                 and an excavation must not exceed a slope of 2:1 or two (2) metres of run in one
                 (1) metre of rise;

        (f)      Maximum Height of Stockpiles - unless the Director authorizes, a stockpile of
                 soil must be limited to a height of 3.0 metres;

        (g)      Hours and Months of Operation - the hours and months of permitted soil
                 removal or deposit are 7:00 a.m. to 5:00 p.m. Monday through Friday, except
                 statutory holidays, January through December, or shorter hours or fewer months
                 as specified in the permit application or as specified in a Mines Act permit;
                 conditions;

        (h)      No Interference with Watercourse - the permit holder must not foul, pollute the
                 water quality of, obstruct, divert, impede the flow of, damage or destroy any
                 watercourse, ditch, drain, sewer or water utility;

        (i)      No Interference with Adjoining Lands - the permit holder must not damage or
                 destroy amenities on the parcel or adjacent lands including, without limitation,
                 any utilities, works or services, structures, buildings, improvements or highways;

        (j)      No Bylaw Contravention - the permit holder must not contravene any bylaw of
                 the District;

        (k)      Public Safety - the permit holder must not do anything that threatens the health,
                 safety or welfare of the public;




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     Bylaw No. 1934 Soil Deposit and Removal                                                                  Page 96 of 141
                                                                                             Agenda Item # 6h)




                                                       13

        (l)      Zoning - the permit holder must not do anything that could result in the use of the
                 parcel in a manner inconsistent with the zoning for the parcel, to the extent the
                 zoning bylaw is applicable;

        (m)      No Erosion - the permit holder must not do anything that could result in soil on
                 the parcel or on adjacent parcels becoming susceptible to erosion, slippage,
                 landslides, slumping or settling;

        (n)      No Nuisance - the permit holder must not permit dust, dirt or noise to escape so
                 as to constitute a private or public nuisance;

        (o)      Repair of Damage - all damage to municipally or privately-owned drainage
                 facilities, highways, lands, or other property, or natural watercourses, resulting
                 from the deposit or removal, or any activities related directly to the deposit or
                 removal, shall be, at the option of the Director, repaired by the permit holder at its
                 own cost or the permit holder shall pay the District’s costs of repairs and for this
                 purpose, the Director may use the security provided by the holder under section
                 37;

        (p)      No Obstruction to Watercourses - all drainage facilities and natural
                 watercourses shall be kept free from silt, clay, sand, rubble, debris, gravel and any
                 other matter or thing originating from any deposit and causing obstruction to such
                 drainage or natural watercourses;

        (q)      No Encroachments - the deposit operations shall not encroach upon, undermine
                 or physically damage any property;

        (r)      No Alterations of Watercourses - no natural watercourse shall be altered or
                 diverted, except with the approval of the Ministry of Environment, Lands and
                 Parks as provided for in the Water Act;

        (s)      No Affect on Views - the size and configuration of the deposit shall not adversely
                 affect the air, light or view of adjoining or adjacent properties, nor shall it
                 substantially alter the appearance and nature of the surrounding area;

        (t)      Overall Increase in Elevation - no person shall deposit soil so as to raise the
                 elevation of a parcel more than 1.2 metres above the natural grade of an abutting
                 property, except as required by the Ministry of Environment, Lands and Parks for
                 flood protection.

INCORPORATION OF APPLICATION INFORMATION

23.     Any permit issued is subject to compliance with all the In addition to the permit
        conditions in section 22, and in addition, all plans, specifications and other information
        forming part of an application, as approved by the Director, in respect of which a permit
        is issued shall form part of and be incorporated in and be a condition of the permit and
        without limiting the foregoing, a permit shall be limited to the type and volume of soil

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      Bylaw No. 1934 Soil Deposit and Removal                                                                 Page 97 of 141
                                                                                             Agenda Item # 6h)




                                                       14

        that is to be deposited or removed in accordance with the application, as approved by the
        Director.

MAXIMUM ANNUAL VOLUME

24.     The maximum volume of soil that a permit can authorize to be removed from and
        deposited tofrom any parcel in any calendar year is 100,000 cubic metres.

PERMIT DURATION

25.     The term of a permit shall be one (1) year, or the lesser term requested by the applicant.
        The permit expires at the end of the term.

CESSATION OF SOIL DEPOSIT/REMOVAL

26.     Notwithstanding section 252525, every permit issued shall cease to authorize the deposit
        or removal of soil as the case may be upon the earlier of:

        (a)      the deposit or removal of the amount of soil authorized to be removed or
                 deposited by the permit; and

        (b)      the expiry date stated in the permit.

NO SOIL PROCESSING

27.     The issuance of a permit does not constitute authority to conduct processing of soil.

REFUSAL OF PERMIT

28.     In addition to section 22, Tthe Director may refuse to issue a permit:

        (a)      Non-Compliance with Bylaw - if the applicant has not complied with the
                 requirements of this Bylaw;

        (b)      Information Unsatisfactory - if the information supplied by the applicant is not
                 satisfactory to the Director;

        (c)      Hazardous Conditions - if the Director considers, based on information
                 provided by a registered professional, that the soil deposit or removal would
                 likely create a hazard to persons or property, or damage to the environment, or
                 irreparable damage to highways or other public property;

        (d)      Registered Charges - if the Director considers the soil deposit or removal is
                 contrary to a registered covenant or would unreasonably interfere with a
                 registered easement, right of way or other interest registered against title to the
                 parcel;



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      Bylaw No. 1934 Soil Deposit and Removal                                                                 Page 98 of 141
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                                                       15

        (e)      Breach of Bylaws - if the applicant or owner is in breach of the District’s
                 building bylaw, zoning bylaw, business bylaw, noise bylaw or unsightly premises
                 bylaw in respect of the subject parcel or other properties;

        (f)      Agricultural Land – if the Director considers the soil deposit or removal would
                 constitute a non-farm use of agricultural land within the Agricultural Land
                 Reserve not permitted by the Agricultural Land Commission Act or its
                 Regulation;

        (g)      Mines Permit - if the applicant has not been issued a permit required to be issued
                 by the Ministry of Energy, Mines and Petroleum Resources;

        (h)      Other Permits - if the applicant has not been issued any other required permit or
                 approval, including a development permit or building permit to be issued by the
                 District; or

        (i)      Other Reason - if the Director considers there is another valid reason why the
                 permit should not be issued.

                          PART FIVE - PERMIT FEES

PERMIT FEE

29.     For each permit issued by the Director under this Bylaw, at the time of issuance of a
        permit, the applicant must pay a non-refundable permit fee as follows:

        (a)      for soil authorized to be deposited or removed in an amount of 100 cubic metres
                 or less - $100.00

        (b)      the soil authorized to be deposited or removed in any amount greater than 100
                 cubic metres - $100.00 plus $1.10 per cubic metre above 100 cubic metres.

EXTRAORDINARY TRAFFIC AGREEMENT

30.     If a permit holder has entered into an extraordinary traffic agreement with the District
        pursuant to section 42 of the Community Charter, 87% of the volumetric permit fee
        payable under section 29(b) of this Bylaw will be reduced by the amount of money paid
        to the District in that same year under the extraordinary traffic agreement.

NO REFUND OF PERMIT FEE

31.     In no circumstance will any portion of the permit fee be refundable, even if the permit
        holder fails to remove or deposit soil, or fails to remove or deposit the quantity of soil
        authorized by the permit.

MEASUREMENT OF SOIL VOLUMES



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      Bylaw No. 1934 Soil Deposit and Removal                                                                 Page 99 of 141
                                                                                             Agenda Item # 6h)




                                                       16

32.     For each permit which authorizes soil deposit or removal in an amount greater than 100
        cubic metres, the holder of the permit shall, within ten (10) days of the end of each
        calendar month, provide the District with a report, prepared and certified by a registered
        professional, as to the total amount of soil deposited and removed from the parcel in the
        prior month.

CONVERSION

33.     Where soil is quantified in terms of tonnes or cubic yards, the conversion table in
        Schedule “A” of this Bylaw applies for the purposes of the calculation of removal or
        deposit fees.

FEE FOR EXCESS SOIL DEPOSIT OR REMOVAL

34.     No holder of a permit may deposit or remove soil in excess of the volume authorized by
        the permit.

35.     Notwithstanding section 34, if the reports provided to the District pursuant to section 32
        indicate that excess soil has been removed or deposited, or if the District otherwise learns
        that excess soil has been removed or deposited, then without limiting the enforcement
        steps the District may take, the permit holder must pay to the District an additional fee
        for the excess soil of $.50 per cubic metre.

FEES FOR SOIL DEPOSIT OR REMOVAL WITHOUT A PERMIT

36.     Where a person removes or deposits soil without a permit in breach of this Bylaw,
        without limiting the enforcement steps the District may take, the person shall pay to the
        District a fee, in the amount of $2.20 for each and every cubic metre of soil removed
        from or deposited, whether or not a permit is subsequently issued.

                          PART SIX - SECURITY AND INSURANCE

SECURITY

37.     Prior to the issuance of a permit, the applicant is required to provide to the Director
        security in the form of:

        (a)       a certified cheque or bank draft; or

        (b)      a clean, unconditional, irrevocable standby letter of credit drawn on a Canadian
                 chartered bank and capable of presentation at a branch of the chartered bank
                 situated within the District and otherwise in a form acceptable to the Director

        in an amount equal to 30% of the estimated cost of the reclamation work to be performed
        under the permit to a maximum of ten thousand dollars ($10,000.00), to ensure full and
        proper compliance with the provisions of this Bylaw and all terms and conditions of the
        permit.


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      Bylaw No. 1934 Soil Deposit and Removal                                                                 Page 100 of 141
                                                                                             Agenda Item # 6h)




                                                       17

38.     If a person does not comply with this Bylaw or permit conditions, the District, by its
        employees, agents, or contractors, may, but is not required to, enter upon the lands where
        the non-compliance has occurred and carry out any works required to remedy such non-
        compliance, or repair any resultant damage using the security provided by the permit
        holder pursuant to section 37.

39.     If any part of the security is used by the District pursuant to section 3838, the permit
        holder shall provide additional security to replace the security used.

40.     Unless a permit is renewed under this Bylaw, then within three (3) months after expiry of
        a permit, the permit holder shall complete reclamation of the site in accordance with the
        approved reclamation plan.

40.41. Subject to section 424241, the security shall be returned to the permit holder provided
       that:

        (a)      the area authorized by the permit has been reclaimed in accordance with the
                 reclamation plan; and,

        (b)      a report by a registered professional has been received and accepted by the
                 District, confirming that the area authorized by the permit has been reclaimed in
                 accordance with the reclamation plan, that the land is safe for any use intended
                 and that the terms of the permit are completely satisfied.

41.42. Within thirty (30) days of receiving the report from the registered professional pursuant
       to section 41(b)41(b)40(b), the District must:

        (a)      return the security to the permit holder; or

        (b)      reject the report and give notice to the permit holder of the deficiencies in the
                 report or in the reclamation of the area authorized by the permit.

42.43. If the permit holder has not remedied any deficiencies referred to in section
       42(b)42(b)41(b) within sixty (60) days of receipt of the notice pursuant to section
       42(b)42(b)41(b), the District may use the security to perform the work.

INSURANCE




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      Bylaw No. 1934 Soil Deposit and Removal                                                                 Page 101 of 141
                                                                                             Agenda Item # 6h)




                                                       18

43.44. The permit holder shall maintain at all times during activities authorized by a permit
       (including reclamation works) comprehensive liability insurance in the amount of
       $5,000,000.00 per occurrence, which policy and shall names the District as an additional
       insured. The insurance policy shall provide that no expiry, cancellation, or material
       change in the policy shall become effective until after thirty (30) days of notice of such
       cancellation or change is given to the District by registered mail. The permit holder shall
       deliver to the District true copies of the policy of insurance and the receipts of payment.

PART SEVEN - PERMIT RENEWALS, TRANSFERS, AMENDMENTS, SUSPENSIONS
     AND CANCELLATIONS

PERMIT RENEWAL

44.45. An applicant can apply for permit renewal if:

        (a)      all applicable drawings and specifications for the soil removal or deposit are
                 updated as necessary to identify any material changes to site conditions and to
                 demonstrate compliance with current bylaws and regulations;

        (b)      the permit holder has complied with the terms of the permit and this Bylaw and
                 all fees are paid up to date;

        (c)      the permit holder has applied to the Director for a renewal of the permit, on the
                 same terms and conditions as the previous permit;

        (d)      the permit holder has provided the security required under section 37; and

        (d)(e) the permit holder has paid a renewal fee of:

                 (i)      for soil authorized to be deposited or removed in an amount of 100 cubic
                          metres or less - $75.00; or

                 (ii)     for soil authorized to be deposited or removed in any amount greater than
                          100 cubic metres - $75.00 plus $1.10 per cubic metre above 100 cubic
                          metres;

        then the permit holder would be entitled to renewal of the permit.

NO PERMIT TRANSFERS

45.46. If the parcel to which a permit applies is transferred to a new owner, the permit will be
       deemed to be terminated and the new owner must apply to the Director for a new permit.

PERMIT AMENDMENTS

46.47. The permit holder shall, prior to undertaking the removal or deposit of any soil that
       deviates from the plans, data, specifications or other requirements of the permit, retain a
       registered professional to determine if these deviations are in compliance with good

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     Bylaw No. 1934 Soil Deposit and Removal                                                                  Page 102 of 141
                                                                                             Agenda Item # 6h)




                                                       19

        environmental and engineering practices and if so, the permit holder may apply to the
        Director for an amendment to the permit and the fee for permit amendment shall be
        $100.00, and soil shall not be disturbed until the permit is amended.

PERMIT SUSPENSIONS AND CANCELLATIONS

47.48. If:

        (a)      the permit holder fails to comply is not in strict compliance with this Bylaw;

        (b)      the permit holder fails to comply is not in strict compliance with the permit; or

        (c)      the permit was issued on the basis of statements made in an application, report,
                 declaration, or record required under this Bylaw that were false or misleading
                 with respect to a material fact or that omitted to state a material fact; or

        (d)the Director considers that whether or not the permit holder would be complying with
               the permit, the soil deposit or removal is likely creating or will likely create a
               hazard to persons or property, or is likely damaging or will likely damage the
               environment, or is likely causing or will likely cause irreparable damage to a
               highway,

        then the DirectorDistrict may:

                 (i)      suspend in whole or in part the rights of the permit holder under a permit,

                 (ii)     cancel the permit, or

                 (iii)    amend or attach new conditions to a permit consistent with the conditions
                          in section 22, without the consent of the permit holder.

NOTICE OF PERMIT SUSPENSION OR CANCELLATION

48.49. If the Director intends to suspend or cancel a permit or amend permit conditions or
       impose new conditions, the Director must give a permit holder reasonable ten (10)
       calendar days written notice of the suspension, cancellation or amendment of conditions
       or additional conditions intention to suspend or cancel a permit and the Director’s
       reasons for suspension or cancellation, and if the permit holder does not remedy the
       matter within the the stipulated notice period, ten (10) days, the Director may, without
       any further notice, suspend, modify or cancel the permit, depending on the Director’s
       assessment of all relevant factors.

RE-CONSIDERATION

49.50. Where an applicant for a permit or a permit holder subject to a decision made by the
       Director pursuant to section 282828 or 48 of this Bylaw is dissatisfied with the decision,
       the applicant or permit holder may apply to the Council for reconsideration of the matter
       within thirty (30) days of the decision being communicated to him or her.

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     Bylaw No. 1934 Soil Deposit and Removal                                                                  Page 103 of 141
                                                                                             Agenda Item # 6h)




                                                       20

50.51. An application for re-consideration must be delivered in writing to the Corporate Officer
       of the District and must set out the grounds upon which the applicant or permit holder
       considers the decision of the Director is inappropriate and what, if any, decision the
       applicant considers the Council ought to substitute.

51.52. The Corporate Officer of the District must place each application for re-consideration on
       the agenda of a regular meeting of Council to be held not earlier than two (2) weeks from
       the date the application for re-consideration was delivered, and must notify the applicant
       and any other party who the Corporate Officer reasonably considers may be affected by
       the reconsideration, of the date of the meeting at which the re-consideration will occur.

52.53. At the meeting, the Council may hear from the applicant and any other person interested
       in the matter under re-consideration who wishes to be heard, and may either confirm the
       decision of the Director or substitute its own decision.

                                   PART EIGHT - POST-PERMIT REPORT RECLAMATION

COMPLETION OF OPERATIONS

53.54. Unless a permit is renewed under this Bylaw, then within one (1) month after expiry of a
       permit, the permit holder shall deliver to the Director:

        (a)      a certificate from a registered professional stating that all works have
                 substantially complied with the requirements of the permit and good
                 environmental and engineering practices; and

        (b)      a declaration stating the total amount of soil removed and/or deposited in the form
                 attached in Schedule “B”.

RECLAMATION

54.Unless a permit is renewed under this Bylaw, then within three (3) months after expiry of a
       permit, the permit holder shall complete reclamation of the site in accordance with the
       approved reclamation plan.

                                   PART NINE - ENFORCEMENT

ORDERS BY DIRECTOR

55.     At any time the Director may give notice in writing to the permit holder that the permit
        holder is in contravention of this Bylaw or in contravention of the permit, and the
        Director may order the permit holder to take such steps or cease such activities as are
        outlined in the Director’s order.




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      Bylaw No. 1934 Soil Deposit and Removal                                                                 Page 104 of 141
                                                                                             Agenda Item # 6h)




                                                       21

RECORDS

56.     The Director may for the purposes of determining compliance with this Bylaw, request
        records of soil removal and deposit volumes maintained by the permit holder.

INSPECTION

57.     The Director or a District Bylaw Enforcement Officer may enter at any reasonable time
        upon any parcel to determine whether this Bylaw is being observed or whether the terms
        of a permit are being observed. Any person who does not comply with this Bylaw or the
        conditions of a permit shall, in addition to any penalties levied by this Bylaw, be required
        to compensate for any resultant damage to District or Provincial drainage facilities,
        highways, or other District or Provincial property or facilities.

OFFENCES

58.     An offence is committed against this Bylaw by every person who:

        (a)      conducts any removal or deposit without a permit if a permit is required;

        (b)      fails to comply with any of the terms or conditions of a permit;

        (c)      allows any act or thing to be done in contravention or violation of this Bylaw or
                 any part of a permit;

        (d)      being the owner or occupier of a parcel, fails to prevent any other person from
                 contravening any part of this Bylaw or a permit issued under it;

        (e)      fails to comply with any order or notice given under this Bylaw; or

        (f)      violates any of the provisions of this Bylaw.

PENALTIES

59.     Every person who commits an offence under this Bylaw or a permit issued under it is
        liable upon summary conviction to a fine not exceeding ten thousand dollars ($10,000.00)
        and not less than one thousand dollars ($1,000.00) for each offence. Any person who does
        not comply with this Bylaw or permit conditions shall, upon summary conviction, be liable to
        a penalty up to ten thousand dollars ($10,000.00) for each offence.

60.     Each day of any violation, contravention or breach of this Bylaw or a permit issued under
        it shall be deemed to be a separate and distinct offence. Where an offence is a continuous
        one, each day that the offence is continued shall constitute a separate offence.

61.     Nothing in this Bylaw shall limit the District from pursuing any other remedy that would
        otherwise be available for a contravention of this Bylaw.

SEVERABILITY

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      Bylaw No. 1934 Soil Deposit and Removal                                                                 Page 105 of 141
                                                                                             Agenda Item # 6h)




                                                       22

62.     If any section, subsection, clause or phrase of this Bylaw is for any reason held to be
        invalid or illegal by a decision of any court of competent jurisdiction, it shall be
        severable, and such a decision shall not affect the validity of the remaining sections,
        subsections, clauses or phrases of this Bylaw.

SECTION HEADINGS

63.     Section or subsection headings are inserted in this Bylaw for ease of reference and are not
        to be used in interpreting this Bylaw.



READ A FIRST TIME, this ___ day of ____________________, 2010

READ A SECOND TIME, this ___ day of ____________________, 2010

APPROVED BY THE MINISTRY OF COMMUNITY AND RURAL DEVELOPMENT this
___ day of ____________, 2010

only if required [APPROVED BY THE MINISTRY OF PETROLEUM, MINES AND
ENERGY RESOURCES this ___ day of ____________, 2010]

READ A THIRD TIME, this ___ day of ____________________, 2010

FINALLY RECONSIDERED AND ADOPTED this ____ day of ______________ 2010

_____________________________                                _______________________________
Mayor: Keith Fielding                                        Corporate Officer: Polly Palmer




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      Bylaw No. 1934 Soil Deposit and Removal                                                                 Page 106 of 141
                                                                                             Agenda Item # 6h)




                                                       23


                                              SCHEDULE "A"

                                          CONVERSION CHART



BANK DEPOSIT                                         STOCKPILE DEPOSIT


1 Cubic Metre                                        1.18 Cubic Metres

1 Cubic Metre                                        1.54 Cubic Yards

1 Cubic Metre                                        2.17 Metric Tonnes

STOCKPILE DEPOSIT                                    BANK DEPOSIT


1 Metric Tonne                                       0.462 Cubic Metre

1 Cubic Yard                                         0.650 Cubic Metre

1 Cubic Metre                                        0.850 Cubic Metre




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     Bylaw No. 1934 Soil Deposit and Removal                                                                  Page 107 of 141
                                                                                             Agenda Item # 6h)




                                                       24


                                              SCHEDULE "B"

              DECLARATION OF SOIL REMOVAL OR DEPOSIT QUANTITIES

PERMIT INFORMATION

SOIL REMOVAL OR DEPOSIT PERMIT NO. _________ Date of Issue __________________

LAND IDENTIFICATION INFORMATION

Legal Description ______________________________________________________________

Address ______________________________________________________________________

I hereby declare that during the period _______________ to __________________ inclusive, the
volume of soil removed was __________________ cubic metres, and/or that the volume of soil
deposited was ________________________ cubic metres.

I declare that I have personal knowledge of the matters hereinafter disposed and I make this solemn
declaration conscientiously believing it to be true and knowing that it is of the same force and effect
as if made under oath and by virtue of the Canada Evidence Act.

Signed:

(address)

(position / title / owner / signing officer of company)

SWORN BEFORE ME at __________________                        )
in the Province of British Columbia                          )
this _______ day of _____________, __________.               )
                                                             )
                                                             )
                                                             )
                                                             )
                                                             )
A Notary Public in the Province                              )
of British Columbia                                          )
A Commissioner for taking Affidavits                         )
for British Columbia                                         )




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     Bylaw No. 1934 Soil Deposit and Removal                                                                  Page 108 of 141
                                                                        Agenda Item # 6h)

                        THE CORPORATION OF THE DISTRICT OF PEACHLAND

                                            Bylaw Number 1934

                          A Bylaw to Regulate the Removal. Movement and Deposit
                of Soil, Sand, Gravel, Rock or other Substance of which Land is Composed
                           From, On and to Lands within the District of Peachland

WHEREAS Section 8(3)(m) of the Community Charter authorizes Council, by bylaw, to regulate, prohibit
and impose requirements in relation to the removal of soil and the deposit of soil and other material;

AND WHEREAS Section 9 of the Community Charter provides that a bylaw under section 8(3)(m) that
prohibits soil removal, or that prohibits the deposit of soil or other material, making reference to quality of
the soil or to contamination, cannot be adopted unless the bylaw is approved by the Minister of Energy,
Mines and Petroleum Resources;

AND WHEREAS Section 195 of the Community Charter provides that Council may, by bylaw, do one or
both of the following:

        (a)      impose rates or levels of fees for a permit required under a municipal bylaw for

                 (i)     the removal of soil from, or

                 (ii)    the deposit of soil or other material on any land in the municipality or in any area
                         of the municipality;

        (b)      impose rates or levels of fees for the activities referred to in paragraph (a);

AND WHEREAS Section 12(1) of the Community Charter provides that a bylaw under the Charter may do
one or more of the following:

        (a)      make different provisions for different areas, times, conditions or circumstances as
                 described by bylaw;

        (b)      establish different classes of persons, places, activities, property or things;

        (c)      make different provisions, including exceptions, for different classes established under
                 paragraph (b).

AND WHEREAS Section 195 further provides that without limiting section 12(1) of the Community
Charter, fees under section 195 may vary according to the quantity of soil removed or the quantity of soil
or other material deposited and may be different for different areas of the municipality;

AND WHEREAS Section 195 further provides that a bylaw under that section has no effect until it is
approved by the Minister of Community and Rural Development;

AND WHEREAS Section 8(3)(j) of the Community Charter authorizes Council, by bylaw, to regulate,
prohibit and impose requirements in relation to protection of the natural environment, subject to Section 9;




  Bylaw No. 1934 Soil Deposit and Removal                                             Page 109 of 141
                                                                        Agenda Item # 6h)


AND WHEREAS Section 2(1)(a) of the Spheres of Concurrent Jurisdiction - Environment and Wildlife
Regulation, enacted pursuant to section 9(4) of the Community Charter, authorizes a municipality to
regulate, prohibit and impose requirements in relation to polluting or obstructing, or impeding the flow of,
a stream, creek, waterway, watercourse, waterworks, ditch, drain or sewer, whether or not it is located on
private property;

NOW THEREFORE, pursuant to the above recited and other authority, the Council of the Corporation of
the District of Peachland, in open meeting assembled, enacts as follows:



                  PART ONE - DEFINITIONS, PURPOSE AND APPLICATION

TITLE

1.        This Bylaw may be cited as “Soil Deposit and Removal Bylaw No.1934, 2010”.

REPEAL

2.        This Bylaw repeals “Earthwork Control Bylaw Number 832, 1982” and “Earthworks Control Bylaw
          No. 832 Amendment Bylaw Number 1852, 2007”.

DEFINITIONS

3.        In this Bylaw, the following terms shall have the following meanings:

          “Council” means the Municipal Council of the District;

          “deposit” includes the act of moving soil and placing it on any parcel, highway or in any water,
          and includes creating a stockpile or other storage facility or otherwise storing soil;

          “Director” means:

          (a)     the person named, from time to time, to fill the position of Director of Operations, or such
                  other name, from time to time, for the head of the District’s public works department;

          (b)     his or her deputy; and

          (c)     any consulting engineer appointed by the District to carry out the duties of the Director
                  under this Bylaw;

          “District” means the District of Peachland;

          "farm business" means a business in which one or more farm operations are conducted, and
          includes a farm education or farm research institution to the extent that the institution conducts
          one or more farm operations;




     Bylaw No. 1934 Soil Deposit and Removal                                         Page 110 of 141
                                                                    Agenda Item # 6h)



     “farm operations” means any of the following activities involved in carrying on a farm business:



     (a)     growing, producing, raising or keeping animals or plants, including mushrooms, or the
             primary products of those plants or animals;

     (b)     clearing, draining, irrigating or cultivating land;

     (c)     using farm machinery, equipment, devices, materials and structures;

     (d)     applying fertilizers, manure, pesticides and biological control agents, including by ground
             and aerial spraying;

     (e)     conducting any other agricultural activity on, in or over agricultural land;

     and includes



     (f)     intensively cultivating in plantations, any

             (i)      specialty wood crops, or

             (ii)     specialty fibre crops prescribed by the minister;

     (g)     conducting turf production

             (i)      outside of an agricultural land reserve, or

             (ii)     in an agricultural land reserve with the approval under the Agricultural Land
                      Commission Act of the Provincial Agricultural Land Commission;

     (h)     aquaculture as defined in the Fisheries Act if carried on by a person licensed, under Part
             3 of that Act, to carry on the business of aquaculture;

     (i)     raising or keeping game, within the meaning of the Game Farm Act, by a person licensed
             to do so under that Act;

     (j)     raising or keeping fur bearing animals, within the meaning of the Fur Farm Act, by a
             person licensed to do so under that Act;

     (k)     processing or direct marketing by a farmer of one or both of

             (i)      the products of a farm owned or operated by the farmer, and

             (ii)     within limits prescribed by the Minister of Agriculture and Lands pursuant to the
                      Farm Practices Protection (Right to Farm) Act, products not of that farm, to the
                      extent that the processing or marketing of those products is conducted on the
                              s
                      farmer' farm;




Bylaw No. 1934 Soil Deposit and Removal                                          Page 111 of 141
                                                                          Agenda Item # 6h)


          but does not include

          (l)     an activity, other than grazing or hay cutting, if the activity constitutes a forest practice as
                  defined in the Forest and Range Practices Act;

          (m)     breeding pets or operating a kennel;

          (n)     growing, producing, raising or keeping exotic animals, except types of exotic animals
                  prescribed by the Minister of Agriculture and Lands pursuant to the Farm Practices
                  Protection (Right to Farm) Act;

          “permit” means a soil removal or soil deposit permit issued under this Bylaw;

          “reclamation plan” means the plan referred to in section 18(ff);

          “registered professional” means an engineer, geoscientist, agrologist, environmental consultant,
          or land surveyor who is registered with a professional association that is regulated by a statute,
          appointed to act in the capacities described under the sections of this Bylaw requiring a
          registered professional;

          “remove” means the act of excavating or removing soil, rock or topsoil from its naturally occurring
          location on any parcel or land including creek beds, river beds and submerged lands or from a
          stockpile or other storage facility;

          “stockpile” means any accumulation of soil which has been removed from its natural position;

          “topsoil” means the surface layer of soil which contains organic material and is capable of
          supporting plant growth.

4.        The following definitions apply to this Bylaw by virtue of their presence in the Schedule of the
          Community Charter:

          "owner" means, in respect of real property,

          (a)     the registered owner of an estate in fee simple,

          (b)     the tenant for life under a registered life estate,

          (c)     the registered holder of the last registered agreement for sale,

          (d)     the holder or occupier of land held in the manner referred to in section 228 [taxation of
                  Crown land used by others] or section 229 [taxation of municipal land used by others],
                  and

          (e)     an Indian who is an owner under the letters patent of a municipality incorporated under
                  section 12 [incorporation of reserve residents as a village] of the Local Government Act;

          "parcel" means any lot, block or other area in which land is held or into which it is subdivided, but
          does not include a highway;

          "soil" includes sand, gravel, rock and other substances of which land is composed.




     Bylaw No. 1934 Soil Deposit and Removal                                            Page 112 of 141
                                                                          Agenda Item # 6h)


5.        For clarity, the term “soil” includes topsoil, silt, clay, peat and any combination of soil materials.

6.        For clarity, the term “parcel” includes a strata lot and strata common property.

APPLICATION OF BYLAW

7.        This Bylaw applies to the removal of soil from one parcel within the District and its deposit on
          another parcel within the District.

8.        This Bylaw applies to removal of soil from one portion of a parcel and its deposit on another
          portion of the same parcel.

9.        This Bylaw applies to deposit within the District of soil removed from outside the District.

10.       This Bylaw applies to the removal of soil from the District, even though the removed soil is
          deposited or is intended to be deposited outside the District.

11.       This Bylaw applies to the removal of soil from and the deposit of soil to creek beds, river beds,
          and other lands covered by water, and the foreshore of such watercourses.



                      PART TWO - REQUIREMENT FOR PERMIT AND EXCEPTIONS

REQUIREMENT FOR PERMIT

12.       Unless exempted by this Bylaw, no person shall remove soil from within the District or deposit soil
          within the District unless the person has been issued a permit pursuant to this Bylaw and unless
          the person is in strict compliance with the permit.

EXCEPTIONS TO PERMIT REQUIREMENT

13.       A permit is not required under this Bylaw for:

          (a)     Building Permit - soil deposit or removal required for the construction, alteration, repair or
                  demolition of a building, retaining wall, swimming pool or other structure for which a valid
                  building permit has been issued by the District;

          (b)     Sewage Disposal System - soil deposit or removal required for the installation of a
                  sewage disposal system for which all permits and approvals have been issued;

          (c)     Retaining Wall - soil deposit or removal required for the construction of a retaining wall for
                  which a building permit is not required, namely one which does not exceed 1.5 metres in
                  height from the ground level on one side to the ground level on the opposite side, and
                  which is intended to hold the ground in place against the forces of gravity;

          (d)     Subdivision Servicing Works - soil deposit or removal undertaken in the course of
                  construction of works in connection with a subdivision servicing agreement pursuant to
                  section 940 of the Local Government Act and in accordance with engineering plans that
                  have been approved by the District;




     Bylaw No. 1934 Soil Deposit and Removal                                            Page 113 of 141
                                                                    Agenda Item # 6h)


      (e)     Development Servicing Works - soil deposit or removal undertaken in the course of
              construction of works in connection with a development servicing agreement pursuant to
              section 940 of the Local Government Act and in accordance with engineering plans that
              have been approved by the District;

      (f)     Utility Works      - soil deposit or removal undertaken in the course of installation and
              maintenance of water works, sanitary sewerage works, stormwater drainage works,
              electrical lines, gas supply lines, telecommunications lines, and other utility works;

      (g)     Driveway Maintenance - soil deposit or removal undertaken in the course of maintenance
              and repair of an existing residential driveway or parking area;

      (h)     Golf Course Maintenance - soil deposit or removal undertaken as part of maintenance of
              a golf course;

      (i)     Nursery Business - soil deposit or removal undertaken by a florist, nurseryman, or
              horticulturist where such soil is required for the business and used on the parcel on which
              that person carries on the business;

      (j)     Public Works - soil deposit or removal in any way connected with public works and
              activities undertaken by or on behalf of the District, a regional district, or a provincial
              ministry, including landscaping, parks development and maintenance, landfill and
              composting operations, and highway, trail and pathway construction and maintenance;

      (k)     Farm Operations - soil deposit or removal up to 200 cubic metres per calendar year
              undertaken as part of a farm operation;

      (l)     Minor Quantities - soil deposit or removal, from any parcel in any calendar year, of less
              than 50 cubic metres in total of all soil deposited and removed, to a maximum depth of
              excavation or height of deposit of 1.0 metre, unless the Director determines, after
              inspecting the parcel, that such soil deposit or removal could reasonably be expected to
              create a hazard to an occupier of the parcel, an owner or occupier of an adjacent parcel,
              or persons using an adjacent highway.



                          PART THREE - APPLICATIONS FOR PERMITS

PERMIT APPLICATION

14.   An application for a permit must be made in the form prepared for that purpose by the Director.

15.   A separate application for a separate permit must be made for each parcel from which soil is to
      be removed or onto which soil is to be deposited.

16.   The permit application must be signed by the applicant, and if the applicant is not the owner, by
      all owners of the parcel, and by any other person the Director considers has an interest in the
      property and ought to consent to the application, and in the case of strata property, by an
      authorized representative of the strata corporation, plus the strata lot owner.




 Bylaw No. 1934 Soil Deposit and Removal                                          Page 114 of 141
                                                                    Agenda Item # 6h)


PERMIT APPLICATION FEE

17.    At the time of applying for a permit, the applicant must pay a non-refundable application fee to
      the District as follows:

      (a)     if the total amount of soil proposed to be deposited or removed under a permit is 100
              cubic metres or less - $200.00;

      (b)     if the amount is greater than 100 cubic metres but less than 1000 cubic metres - $500.00;

      (c)     if the amount is greater than 1,000 cubic metres - $1,500.00.

PERMIT APPLICATION INFORMATION

18.   Unless directed otherwise by the Director, every application for a permit shall include the
      following information, all to the satisfaction of the Director:

      (a)     Parcel Identification - the civic address and legal description of the parcel from which soil
              is to be removed or to which soil is to be deposited, together with a recent land title
              search of the parcel;

      (b)     Corporate Information - where the applicant, the owner or both are corporations, a
              Corporate Registry search confirming the company is incorporated, not in bankruptcy or
              receivership, and in good standing as to the filing of annual reports;

      (c)     Registered Charges - copies of all easements, rights of way, covenants and other
              charges registered against title to the parcel, together with copies of relevant plans;

      (d)     Purpose - the purpose for the soil deposit or removal;

      (e)     Quantity of Soil to be Removed - the quantity of soil to be removed from the parcel for the
              year of the permit and for future years under proposed renewals of the permit;

      (f)     Quantity of Soil to be Deposited - the quantity of soil to be deposited onto the parcel for
              the year of the permit and future years under proposed renewals of the permit;

      (g)     Soil Removal/Deposit Areas        - a plan showing the area or areas on the parcel from
              which soil will be removed or to which soil will be deposited;

      (h)     Source/Destination of Soil - information about the source of soil to be deposited or the
              destination of soil to be removed;

      (i)     Hauling Routes - a plan showing the routes, on-site and off-site, over which the soil will
              be moved;

      (j)     Hauling Vehicles - size, weight, ownership and other information about the vehicles by
              which the soil will be transported, both on-site and off-site;

      (k)     Commencement Date - date of commencement of the soil removal or deposit;

      (l)     Duration - requested duration of the permit and information about proposed renewals of
              the permit;



 Bylaw No. 1934 Soil Deposit and Removal                                         Page 115 of 141
                                                                  Agenda Item # 6h)


     (m)     Operator - if different from the applicant, name of the person or corporation who will
             manage the soil deposit or removal operation;

     (n)     Hauler - if different from the applicant, name of the person or corporation who will
             transport the soil off-site;

     (o)     Surrounding Areas - a plan showing the location of the parcel in relation to surrounding
             land areas, together with information about the ownership and use of the surrounding
             land areas;

     (p)     Description of Parcel       - a plan showing all pertinent features of the parcel, including
             buildings, structures, utility works, driveways, roadways, retaining walls, equipment, other
             improvements, and lakes, streams and other watercourses on the parcel;


     (q)     Screening - proposed methods of providing screening, by landscaping, berming or
             otherwise;

     (r)     Communications - a proposed communications plan to advise and inform residents
             adjacent to the site on a periodic basis as to the soil removal and deposit operations;

     (s)     Topographical Plan - a topographical plan of the parcel and surrounding downstream
             land areas;

     (t)     Drainage - a plan showing the proposed control of stormwater drainage during the soil
             removal or deposit operation, including drainage measures, and measures to control
             siltation of watercourses and drainage works;

     (u)     Compaction - information about the compaction of fill;

     (v)     Erosion - information about the susceptibility of proposed soil deposit and removal areas
             to erosion or subsidence, and measures to control erosion and subsidence;

     (w)     Dust Control - the dust control measures proposed to be undertaken to ensure that soil
             materials are not blown from the parcel during the conduct of the operations;

     (x)     Tree Cover - a plan and other information showing the extent and areas of trees and
             other vegetation that would be affected by the soil deposit or removal;

     (y)     Wildlife - a plan and other information showing the extent and areas of birds and wildlife
             that would be affected by the soil deposit or removal;

     (z)     Hours/Days/Months - the hours and days of the week and months of the year proposed
             for soil deposit or removal;

     (aa)    Noise Control - information about noise control measures;

     (bb)    Stockpiling - a plan and other information showing the location and configuration of
             proposed stockpiling of soil, and measures proposed to maintain it so as not to adversely
             affect adjacent property;




Bylaw No. 1934 Soil Deposit and Removal                                        Page 116 of 141
                                                                     Agenda Item # 6h)


      (cc)    Slope Details – information about the final slope of any deposited soil and/or excavated
              areas;

      (dd)    Public Safety - proposed public safety precautions;

      (ee)    Site Profile - if required under section 946.2 of the Local Government Act, a site profile
              under the Environmental Management Act;

      (ff)    Reclamation Plan - a reclamation plan and estimated cost for the reclamation of the soil
              removal or deposit site after completion of the soil deposit or removal, including the steps
              to be taken to ensure the site is covered with topsoil, seeded or otherwise treated to
              encourage growth of vegetation and control erosion, and provided with adequate surface
              drainage works;

      (gg)    Agricultural Land Reserve - for land within the agricultural land reserve, confirmation
              satisfactory to the Director that the proposed soil deposit or removal is permitted by the
              Agriculture Land Reserve Use, Subdivision and Procedure Regulation or the owner has
              received approval from the Provincial Agricultural Land Commission for a non-farm use;

      (hh)    Other Information - other plans and information considered relevant by the Director.

PROFESSIONAL REPORTS

19.   The Director may require the applicant for a permit to engage the services of a registered
      professional satisfactory to the Director to provide information and certifications related to the
      application for the permit.

INSPECTION OF PARCEL

20.   The Director may inspect any parcel that is the subject of an application for a permit for any
      purpose related to this Bylaw.



                      PART FOUR - ISSUANCE AND REFUSAL OF PERMITS

PERMIT ISSUANCE

21.   When all conditions have been met for the issuance of the permit pursuant to this Bylaw, a permit
      shall be issued, subject to the terms and conditions of this Bylaw.

PERMIT CONDITIONS

22.   The Director shall not issue a permit unless the Director is satisfied that the application
      information satisfies all of the following conditions:

      (a)     Engineering Principles - soil deposit and removal be undertaken in accordance with
              sound geotechnical engineering principles;

      (b)     Surface Drainage - positive gravity surface drainage be maintained in all soil deposit and
              removal areas, and surface drainage of adjacent land not be interrupted;




 Bylaw No. 1934 Soil Deposit and Removal                                          Page 117 of 141
                                                                   Agenda Item # 6h)


     (c)     Highway Damage - damage to District highways and damage to District drainage facilities
             caused by the transportation of soil be immediately repaired or corrected in accordance
             with requirements of the Director;

     (d)     Change of Owner - the District must be immediately notified of any change or prospective
             change to the ownership of the parcel to which the permit applies;

     (e)     Maximum Slopes - unless the Director authorizes otherwise, a stockpile of soil and an
             excavation must not exceed a slope of 2:1 or two (2) metres of run in one (1) metre of
             rise;

     (f)     Maximum Height of Stockpiles - unless the Director authorizes, a stockpile of soil must be
             limited to a height of 3.0 metres;

     (g)     Hours and Months of Operation - the hours and months of permitted soil removal or
             deposit are 7:00 a.m. to 5:00 p.m. Monday through Friday, except statutory holidays,
             January through December, or shorter hours or fewer months as specified in the permit
             application or as specified in a Mines Act permit;

     (h)     No Interference with Watercourse - the permit holder must not foul, pollute the water
             quality of, obstruct, divert, impede the flow of, damage or destroy any watercourse, ditch,
             drain, sewer or water utility;

     (i)     No Interference with Adjoining Lands - the permit holder must not damage or destroy
             amenities on the parcel or adjacent lands including, without limitation, any utilities, works
             or services, structures, buildings, improvements or highways;

     (j)     No Bylaw Contravention - the permit holder must not contravene any bylaw of the District;

     (k)     Public Safety - the permit holder must not do anything that threatens the health, safety or
             welfare of the public;

     (l)     Zoning - the permit holder must not do anything that could result in the use of the parcel
             in a manner inconsistent with the zoning for the parcel, to the extent the zoning bylaw is
             applicable;

     (m)     No Erosion - the permit holder must not do anything that could result in soil on the parcel
             or on adjacent parcels becoming susceptible to erosion, slippage, landslides, slumping or
             settling;

     (n)     No Nuisance - the permit holder must not permit dust, dirt or noise to escape so as to
             constitute a private or public nuisance;

     (o)     Repair of Damage - all damage to municipally or privately-owned drainage facilities,
             highways, lands, or other property, or natural watercourses, resulting from the deposit or
             removal, or any activities related directly to the deposit or removal, shall be, at the option
             of the Director, repaired by the permit holder at its own cost or the permit holder shall pay
             the District’s costs of repairs and for this purpose, the Director may use the security
             provided by the holder under section 37;




Bylaw No. 1934 Soil Deposit and Removal                                          Page 118 of 141
                                                                      Agenda Item # 6h)


      (p)     No Obstruction to Watercourses - all drainage facilities and natural watercourses shall be
              kept free from silt, clay, sand, rubble, debris, gravel and any other matter or thing
              originating from any deposit and causing obstruction to such drainage or natural
              watercourses;

      (q)     No Encroachments - the deposit operations shall not encroach upon, undermine or
              physically damage any property;

      (r)     No Alterations of Watercourses - no natural watercourse shall be altered or diverted,
              except with the approval of the Ministry of Environment, Lands and Parks as provided for
              in the Water Act;

      (s)     No Affect on Views - the size and configuration of the deposit shall not adversely affect
              the air, light or view of adjoining or adjacent properties, nor shall it substantially alter the
              appearance and nature of the surrounding area;

      (t)     Overall Increase in Elevation - no person shall deposit soil so as to raise the elevation of
              a parcel more than 1.2 metres above the natural grade of an abutting property, except as
              required by the Ministry of Environment, Lands and Parks for flood protection.

INCORPORATION OF APPLICATION INFORMATION

23.   Any permit issued is subject to compliance with all the conditions in section 22, and in addition, all
      plans, specifications and other information forming part of an application, as approved by the
      Director, shall form part of and be incorporated in and be a condition of the permit and without
      limiting the foregoing, a permit shall be limited to the type and volume of soil that is to be
      deposited or removed in accordance with the application, as approved by the Director.

MAXIMUM ANNUAL VOLUME

24.   The maximum volume of soil that a permit can authorize to be removed from and deposited to
      any parcel in any calendar year is 100,000 cubic metres.

PERMIT DURATION

25.   The term of a permit shall be one (1) year, or the lesser term requested by the applicant. The
      permit expires at the end of the term.

CESSATION OF SOIL DEPOSIT/REMOVAL

26.   Notwithstanding section 25, every permit issued shall cease to authorize the deposit or removal
      of soil as the case may be upon the earlier of:

      (a)     the deposit or removal of the amount of soil authorized to be removed or deposited by the
              permit; and

      (b)     the expiry date stated in the permit.

NO SOIL PROCESSING

27.   The issuance of a permit does not constitute authority to conduct processing of soil.




 Bylaw No. 1934 Soil Deposit and Removal                                            Page 119 of 141
                                                                    Agenda Item # 6h)


REFUSAL OF PERMIT

28.   In addition to section 22, the Director may refuse to issue a permit:

      (a)     Non-Compliance with Bylaw - if the applicant has not complied with the requirements of
              this Bylaw;

      (b)     Information Unsatisfactory - if the information supplied by the applicant is not satisfactory
              to the Director;

      (c)     Hazardous Conditions - if the Director considers, based on information provided by a
              registered professional, that the soil deposit or removal would likely create a hazard to
              persons or property, or damage to the environment, or irreparable damage to highways
              or other public property;

      (d)     Registered Charges - if the Director considers the soil deposit or removal is contrary to a
              registered covenant or would unreasonably interfere with a registered easement, right of
              way or other interest registered against title to the parcel;

      (e)     Breach of Bylaws - if the applicant or owner is in breach of the District’s building bylaw,
              zoning bylaw, business bylaw, noise bylaw or unsightly premises bylaw in respect of the
              subject parcel or other properties;

      (f)     Agricultural Land – if the Director considers the soil deposit or removal would constitute a
              non-farm use of agricultural land within the Agricultural Land Reserve not permitted by
              the Agricultural Land Commission Act or its Regulation;

      (g)     Mines Permit - if the applicant has not been issued a permit required to be issued by the
              Ministry of Energy, Mines and Petroleum Resources;

      (h)     Other Permits - if the applicant has not been issued any other required permit or
              approval, including a development permit or building permit to be issued by the District;
              or

      (i)     Other Reason - if the Director considers there is another valid reason why the permit
              should not be issued.

                                     PART FIVE - PERMIT FEES

PERMIT FEE

29.   For each permit issued by the Director under this Bylaw, at the time of issuance of a permit, the
      applicant must pay a non-refundable permit fee as follows:

      (a)     for soil authorized to be deposited or removed in an amount of 100 cubic metres or less -
              $100.00

      (b)     the soil authorized to be deposited or removed in any amount greater than 100 cubic
              metres - $100.00 plus $1.10 per cubic metre above 100 cubic metres.




 Bylaw No. 1934 Soil Deposit and Removal                                         Page 120 of 141
                                                                     Agenda Item # 6h)


EXTRAORDINARY TRAFFIC AGREEMENT

30.   If a permit holder has entered into an extraordinary traffic agreement with the District pursuant to
      section 42 of the Community Charter, 87% of the volumetric permit fee payable under section
      29(b) of this Bylaw will be reduced by the amount of money paid to the District in that same year
      under the extraordinary traffic agreement.

NO REFUND OF PERMIT FEE

31.   In no circumstance will any portion of the permit fee be refundable, even if the permit holder fails
      to remove or deposit soil, or fails to remove or deposit the quantity of soil authorized by the
      permit.

MEASUREMENT OF SOIL VOLUMES

32.   For each permit which authorizes soil deposit or removal in an amount greater than 100 cubic
      metres, the holder of the permit shall, within ten (10) days of the end of each calendar month,
      provide the District with a report, prepared and certified by a registered professional, as to the
      total amount of soil deposited and removed from the parcel in the prior month.

CONVERSION

33.   Where soil is quantified in terms of tonnes or cubic yards, the conversion table in Schedule “A” of
      this Bylaw applies for the purposes of the calculation of removal or deposit fees.

FEE FOR EXCESS SOIL DEPOSIT OR REMOVAL

34.   No holder of a permit may deposit or remove soil in excess of the volume authorized by the
      permit.

35.   Notwithstanding section 34, if the reports provided to the District pursuant to section 32 indicate
      that excess soil has been removed or deposited, or if the District otherwise learns that excess soil
      has been removed or deposited, then without limiting the enforcement steps the District may take,
      the permit holder must pay to the District an additional fee for the excess soil of $.50 per cubic
      metre.

FEES FOR SOIL DEPOSIT OR REMOVAL WITHOUT A PERMIT

36.   Where a person removes or deposits soil without a permit in breach of this Bylaw, without limiting
      the enforcement steps the District may take, the person shall pay to the District a fee, in the
      amount of $2.20 for each and every cubic metre of soil removed or deposited, whether or not a
      permit is subsequently issued.

                              PART SIX - SECURITY AND INSURANCE

SECURITY

37.   Prior to the issuance of a permit, the applicant is required to provide to the Director security in the
      form of:

      (a)      a certified cheque or bank draft; or




 Bylaw No. 1934 Soil Deposit and Removal                                           Page 121 of 141
                                                                     Agenda Item # 6h)


      (b)     a clean, unconditional, irrevocable standby letter of credit drawn on a Canadian chartered
              bank and capable of presentation at a branch of the chartered bank situated within the
              District and otherwise in a form acceptable to the Director in an amount equal to 30% of
              the estimated cost of the reclamation work to be performed under the permit to a
              maximum of ten thousand dollars ($10,000.00), to ensure full and proper compliance with
              the provisions of this Bylaw and all terms and conditions of the permit.

38.   If a person does not comply with this Bylaw or permit conditions, the District, by its employees,
      agents, or contractors, may, but is not required to, enter upon the lands where the non-
      compliance has occurred and carry out any works required to remedy such non-compliance, or
      repair any resultant damage using the security provided by the permit holder pursuant to section
      37.

39.   If any part of the security is used by the District pursuant to section 38, the permit holder shall
      provide additional security to replace the security used.

40.   Unless a permit is renewed under this Bylaw, then within three (3) months after expiry of a permit,
      the permit holder shall complete reclamation of the site in accordance with the approved
      reclamation plan.

41.   Subject to section ¬¬¬42, the security shall be returned to the permit holder provided that:

      (a)     the area authorized by the permit has been reclaimed in accordance with the reclamation
              plan; and,

      (b)     a report by a registered professional has been received and accepted by the District,
              confirming that the area authorized by the permit has been reclaimed in accordance with
              the reclamation plan, that the land is safe for any use intended and that the terms of the
              permit are completely satisfied.

42.   Within thirty (30) days of receiving the report from the registered professional pursuant to section
      41(b), the District must:

      (a)     return the security to the permit holder; or

      (b)     reject the report and give notice to the permit holder of the deficiencies in the report or in
              the reclamation of the area authorized by the permit.

43.   If the permit holder has not remedied any deficiencies referred to in section 42(b) within sixty (60)
      days of receipt of the notice pursuant to section 42(b), the District may use the security to perform
      the work.

INSURANCE

44.   The permit holder shall maintain at all times during activities authorized by a permit (including
      reclamation works) comprehensive liability insurance in the amount of $5,000,000.00 per
      occurrence, which policy names the District as an additional insured. The insurance policy shall
      provide that no expiry, cancellation, or material change in the policy shall become effective until
      after thirty (30) days of notice of such cancellation or change is given to the District by registered




 Bylaw No. 1934 Soil Deposit and Removal                                           Page 122 of 141
                                                                      Agenda Item # 6h)


       mail. The permit holder shall deliver to the District true copies of the policy of insurance and the
       receipts of payment.

      PART SEVEN - PERMIT RENEWALS, TRANSFERS, AMENDMENTS, SUSPENSIONS AND
                                 CANCELLATIONS

PERMIT RENEWAL

45.    An applicant can apply for permit renewal if:

       (a)     all applicable drawings and specifications for the soil removal or deposit are updated as
               necessary to identify any material changes to site conditions and to demonstrate
               compliance with current bylaws and regulations;

       (b)     the permit holder has complied with the terms of the permit and this Bylaw and all fees
               are paid up to date;

       (c)     the permit holder has applied to the Director for a renewal of the permit, on the same
               terms and conditions as the previous permit;

       (d)     the permit holder has provided the security required under section 37; and

       (e)     the permit holder has paid a renewal fee of:

               (i)      for soil authorized to be deposited or removed in an amount of 100 cubic metres
                        or less - $75.00; or

               (ii)     for soil authorized to be deposited or removed in any amount greater than 100
                        cubic metres - $75.00 plus $1.10 per cubic metre above 100 cubic metres;

       then the permit holder would be entitled to renewal of the permit.

NO PERMIT TRANSFERS

46.    If the parcel to which a permit applies is transferred to a new owner, the permit will be deemed to
       be terminated and the new owner must apply to the Director for a new permit.

PERMIT AMENDMENTS

47.    The permit holder shall, prior to undertaking the removal or deposit of any soil that deviates from
       the plans, data, specifications or other requirements of the permit, retain a registered professional
       to determine if these deviations are in compliance with good environmental and engineering
       practices and if so, the permit holder may apply to the Director for an amendment to the permit
       and the fee for permit amendment shall be $100.00, and soil shall not be disturbed until the
       permit is amended.

PERMIT SUSPENSIONS AND CANCELLATIONS

48.    If:

       (a)     the permit holder fails to comply with this Bylaw;




 Bylaw No. 1934 Soil Deposit and Removal                                           Page 123 of 141
                                                                      Agenda Item # 6h)


      (b)     the permit holder fails to comply with the permit; or

      (c)     the permit was issued on the basis of statements made in an application, report,
              declaration, or record required under this Bylaw that were false or misleading with
              respect to a material fact or that omitted to state a material fact; or

      then the Director may:

              (i)      suspend in whole or in part the rights of the permit holder under a permit,

              (ii)     cancel the permit, or

              (iii)    amend or attach new conditions to a permit consistent with the conditions in
                       section 22, without the consent of the permit holder.

NOTICE OF PERMIT SUSPENSION OR CANCELLATION

49.   If the Director intends to suspend or cancel a permit or amend permit conditions or impose new
      conditions, the Director must give a permit holder reasonable written notice of the suspension,
      cancellation or amendment of conditions or additional conditions and the Director’s reasons, and
      if the permit holder does not remedy the matter within the stipulated notice period, the Director
      may, without any further notice, suspend, modify or cancel the permit, depending on the
      Director’s assessment of all relevant factors.

RE-CONSIDERATION

50.   Where an applicant for a permit or a permit holder subject to a decision made by the Director
      pursuant to section 28 or 48 of this Bylaw is dissatisfied with the decision, the applicant or permit
      holder may apply to the Council for reconsideration of the matter within thirty (30) days of the
      decision being communicated to him or her.

51.   An application for re-consideration must be delivered in writing to the Corporate Officer of the
      District and must set out the grounds upon which the applicant or permit holder considers the
      decision of the Director is inappropriate and what, if any, decision the applicant considers the
      Council ought to substitute.

52.   The Corporate Officer of the District must place each application for re-consideration on the
      agenda of a regular meeting of Council and must notify the applicant and any other party who the
      Corporate Officer reasonably considers may be affected by the reconsideration, of the date of the
      meeting at which the re-consideration will occur.

53.   At the meeting, the Council may hear from the applicant and any other person interested in the
      matter under re-consideration who wishes to be heard, and may either confirm the decision of the
      Director or substitute its own decision.

                               PART EIGHT - POST-PERMIT REPORT

COMPLETION OF OPERATIONS

54.   Unless a permit is renewed under this Bylaw, then within one (1) month after expiry of a permit,
      the permit holder shall deliver to the Director:




 Bylaw No. 1934 Soil Deposit and Removal                                          Page 124 of 141
                                                                     Agenda Item # 6h)


      (a)     a certificate from a registered professional stating that all works have substantially
              complied with the requirements of the permit and good environmental and engineering
              practices; and

      (b)     a declaration stating the total amount of soil removed and/or deposited in the form
              attached in Schedule “B”.

                                    PART NINE - ENFORCEMENT

ORDERS BY DIRECTOR

55.   At any time the Director may give notice in writing to the permit holder that the permit holder is in
      contravention of this Bylaw or in contravention of the permit, and the Director may order the
      permit holder to take such steps or cease such activities as are outlined in the Director’s order.

RECORDS

56.   The Director may for the purposes of determining compliance with this Bylaw, request records of
      soil removal and deposit volumes maintained by the permit holder.

INSPECTION

57.   The Director or a District Bylaw Enforcement Officer may enter at any reasonable time upon any
      parcel to determine whether this Bylaw is being observed or whether the terms of a permit are
      being observed. Any person who does not comply with this Bylaw or the conditions of a permit
      shall, in addition to any penalties levied by this Bylaw, be required to compensate for any
      resultant damage to District or Provincial drainage facilities, highways, or other District or
      Provincial property or facilities.

OFFENCES

58.   An offence is committed against this Bylaw by every person who:

      (a)     conducts any removal or deposit without a permit if a permit is required;

      (b)     fails to comply with any of the terms or conditions of a permit;

      (c)     allows any act or thing to be done in contravention or violation of this Bylaw or any part of
              a permit;

      (d)     being the owner or occupier of a parcel, fails to prevent any other person from
              contravening any part of this Bylaw or a permit issued under it;

      (e)     fails to comply with any order or notice given under this Bylaw; or

      (f)     violates any of the provisions of this Bylaw.

PENALTIES

59.   Every person who commits an offence under this Bylaw or a permit issued under it is liable upon
      summary conviction to a fine not exceeding ten thousand dollars ($10,000.00) and not less than
      one thousand dollars ($1,000.00) for each offence.



 Bylaw No. 1934 Soil Deposit and Removal                                          Page 125 of 141
                                                                      Agenda Item # 6h)


60.     Each day of any violation, contravention or breach of this Bylaw or a permit issued under it shall
        be deemed to be a separate and distinct offence. Where an offence is a continuous one, each
        day that the offence is continued shall constitute a separate offence.

61.     Nothing in this Bylaw shall limit the District from pursuing any other remedy that would otherwise
        be available for a contravention of this Bylaw.

SEVERABILITY

62.     If any section, subsection, clause or phrase of this Bylaw is for any reason held to be invalid or
        illegal by a decision of any court of competent jurisdiction, it shall be severable, and such a
        decision shall not affect the validity of the remaining sections, subsections, clauses or phrases of
        this Bylaw.

SECTION HEADINGS

63.     Section or subsection headings are inserted in this Bylaw for ease of reference and are not to be
        used in interpreting this Bylaw.




READ A FIRST TIME, this       day of      , 2010.

READ A SECOND TIME, this         day of      , 2010.

APPROVED BY THE MINISTRY OF COMMUNITY AND RURAL DEVELOPMENT this                            day of    ,
2010.

READ A THIRD TIME, this       day of        , 2010.

FINALLY RECONSIDERED AND ADOPTED, this                 day of    , 2010.




_______________________________________                   _____________________________________

Mayor                                                     Corporate Officer




Dated at Peachland, B.C.
This   day of       , 2010.




 Bylaw No. 1934 Soil Deposit and Removal                                           Page 126 of 141
                                                              Agenda Item # 6h)




                                          SCHEDULE "A"

                           Attached to and forming Bylaw No. 1934



                                     CONVERSION CHART



                 BANK DEPOSIT                            STOCKPILE DEPOSIT

                    1 Cubic Metre                         1.18 Cubic Metres

                    1 Cubic Metre                          1.54 Cubic Yards

                   1 Cubic Metre                          2.17 Metric Tonnes



                STOCKPILE DEPOSIT                             BANK DEPOSIT

                    1 Metric Tonne                        0.462 Cubic Metre

                    1 Cubic Yard                          0.650 Cubic Metre

                    1 Cubic Metre                         0.850 Cubic Metre




Bylaw No. 1934 Soil Deposit and Removal                                   Page 127 of 141
                                                                       Agenda Item # 6h)




                                                SCHEDULE "B"

                                 Attached to and forming Bylaw No. 1934



                     DECLARATION OF SOIL REMOVAL OR DEPOSIT QUANTITIES

PERMIT INFORMATION

SOIL REMOVAL OR DEPOSIT PERMIT NO. _________ Date of Issue __________________

LAND IDENTIFICATION INFORMATION

Legal Description ______________________________________________________________

Address ______________________________________________________________________

I hereby declare that during the period _______________ to __________________ inclusive, the volume
of soil removed was __________________ cubic metres, and/or that the volume of soil deposited was
________________________ cubic metres.

I declare that I have personal knowledge of the matters hereinafter disposed and I make this solemn
declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if
made under oath and by virtue of the Canada Evidence Act.

Signed:

(address)

(position / title / owner / signing officer of company)

SWORN BEFORE ME at __________________                      )
in the Province of British Columbia                        )
this _______ day of _____________, __________.             )
                                                           )
                                                           )
                                                           )
                                                           )
                                                           )
A Notary Public in the Province                            )
of British Columbia                                        )
A Commissioner for taking Affidavits                       )
for British Columbia                                       )




  Bylaw No. 1934 Soil Deposit and Removal                                            Page 128 of 141
                                                             Agenda Item # 6i)


                                    District of Peachland
                                Committee of the Whole Report


 To:                           COTW
 From:                         Doug Allin, Director of Operations
 Date:                         February 16, 2010
 Subject:                      Aggregate Supply and Demand Study
 Recommendation:               THAT the COTW recommends that Council approves
                               the participation in the Aggregate Supply and Demand
                               update for the Regional District of the Central
                               Okanagan.




 Implications of Recommendation:

 General:              The District will gain a better understanding of where the
                       aggregate is available in our area and throughout the Regional
                       District of Central Okanagan
 Organizational:       The District has been participating on the Task force and on the
                       Technical advisory committee. There will be a requirement for our
                       staff to participate in the review of the reports and continue with
                       participation in the Technical advisory committee.
 Financial:            The District cost for participation will be under $2000 and could be
                       funded through special projects through the administration budget.
 Policy:               N/A




 A Task Force has recently been formed to develop a long range management plan for
 aggregate/gravel extraction operations in the Central Okanagan. This is in response to
 public interest in gravel pit operations, administrative challenges, the long-term need for
 aggregate supply and the sensitive nature of new gravel pit approvals. The Task Force
 formed in December, 2009 and is co-chaired by Norm Letnick, MLA, Kelowna-Lake
 Country and Robert Hobson, Chair, Regional District of Central Okanagan.

 The Task Force is still in its early stage and has been developing its work plan and
 communications program. Their work is expected to be ongoing through 2010 and
 completed in 2011.




Aggregate Supply and Demand Study                                       Page 129 of 141
                                                               Agenda Item # 6i)

 A Technical Committee has been created to support the Task Force with staff
 representation from all of the local governments of the Central Okanagan. This
 Technical Committee has been tasked with updating the forecasts for the supply and
 demand for aggregate in the Central Okanagan over the next 100 years. This work is
 planned to be done by a specialized consultant using growth forecasts from each of the
 local jurisdictions to forecast demand for aggregates. Existing gravel pit information,
 along with mapping and other information sources will be used to forecast the available
 aggregate supply. A Terms of Reference for this work has been prepared and presented
 to the Task Force. The estimated cost of this work is between $50,000 and $60,000. It is
 proposed that the work be paid by the local governments through a standard cost
 apportionment approach.

 Subject to Council’s approval and the approval of the other local governments, a request
 for proposals will be issued by the Regional District. Assuming commencement of the
 work in March/2010 it is expected that the work would be completed by year end.

 It is not yet known what, if any, additional funding will be required of local government for
 the Pilot Project. The scope of this work has not been confirmed. External funding will be
 sought for this work if required.

 The staff time from each of the local governments is attendance at the Technical
 Committee meetings which may average about one per month over this year. In
 addition, staff may be required to attend the Task Force’s meeting which could also be
 about one per month.


 REPORT/DOCUMENT:                          Attached:           Available:          Nil:



 OPTIONS:       1.COTW COULD CHOOSE TO ACCEPT THE RECOMMENDATION
                2. COTW COULD CHOOSE TO NOT ACCEPT THE RECOMMENDATION
                3. COTW COULD CHOOSE TO REFER IT BACK TO STAFF FOR FURTHER
                CONSIDERATION




Aggregate Supply and Demand Study                                           Page 130 of 141
                                                                         Agenda Item # 6j)

                                  District of Peachland
                             Committee of the Whole Report


 To:                                 COTW
 From:                               Doug Pryde, Director of Finance
 Date:                               February 15, 2010
 Subject:                            Louis Fenyvesi v. District of Peachland
 Recommendation:                     THAT the COTW recommends that Council deny the claim
                                     from Louis Fenyvesi for property damage due to a tree fall
                                     at 6288 Bulyea Avenue.




 Implications of Recommendation:

 General:                   N/A
 Organizational:            N/A
 Financial:
 Approving any compensation to Mr. Fenyvesi will set a dangerous precedent and may result in a
 significant negative financial impact on the District as a result of additional risk of tree fallings due
 to pine beetle infestation.
 Policy:
 District of Peachland Risk Management Policy PRO-235 indicates as follows:
           5.2    Hazardous Tree Assessments
                  5.2.1     Purpose
                  i)      To ensure all trees on District property are safe and do not pose a threat to
                          the public.
                  5.2.2     Policy
                  i)      The District of Peachland will strive to eliminate, in a timely fashion, any
                          tree deemed hazardous. When available fiscal and human resources limit
                          the ability of the District to remove high-risk trees, priority shall be placed on
                          trees deemed to carry the highest risk. The standard for rating the
                          hazardousness of a tree will be the International Society of Arboriculture 12
                          point hazard evaluation system. The Public Works Manager will administer
                          this program and have final judgment on all matters concerning any
                          measures taken for any tree deemed hazardous.




Property Damage Claim: 6288 Bulyea Avenue                                            Page 131 of 141
                                                                    Agenda Item # 6j)


 BACKGROUND:
 During a wind storm on November 19, 2009, a tree located on municipal property fell onto
 property located at 6288 Bulyea Avenue causing damage to a camper and an Italian Prune tree
 belonging to Louis Fenyvesi, the property owner. Mr. Fenyvesi wrote to the District claiming
 compensation for damages estimated in the amount of $1,500.
 This claim was referred to the Municipal Insurance Association of B.C. for processing. Following
 investigation, MIA replied to Mr. Fenyvesi denying any compensation for damages based on the
 following points:
     1. The tree which damaged Mr. Fenyvesi’s trailer had the outward appearance of being
        healthy. While it did have co-dominant stems, it had been standing there for decades.
        The arborist has said the mere presence of co-dominant stems is not by itself adequate
        reason to require the removal of the tree. From what MIA has learned, there were some
        signs of rot in the exposed core of the tree that became visible after the failure, but there
        is no indication that any of this would have been visible to a qualified arborist inspecting
        the tree before the failure.
     2. The District is not liable for damages caused by a tree failure simply because the District
        owns the land on which the tree stood. Rather, the District will only be found liable if it
        can be established that the hazardous state of the tree was known to the District or
        reasonably should have been known to the District prior to the failure, and that the
        District’s failure to act on that knowledge was negligent.
     3. It is simply not possible for municipalities the size of Peachland to perform regular
        inspections of every tree bordering on private property. As with most municipalities, it is
        the practice of Peachland to respond to complaints or concerns raised by citizens or staff
        as problems are noticed rather than to conduct a proactive regimen of inspections.
        Attached is a recent court decision which dealt with the law under similar circumstances.
        The Judge in that case found for the local government.
     4. Mr. Fenyvesi did not report to the District his concerns the tree was hazardous, and
        continued to store his unsecured camper directly beneath the tree.
     5. Based on supporting precedents, the District would most likely be successful at trial in
        this case.


 REPORT/DOCUMENT:                             Attached: X          Available:           Nil:

 Letter dated January 25, 2010 to Mr. Fenyvesi from MIA.

 Peter Isler and Cecily Isler v. Greater Vancouver Regional District.

 OPTIONS:        1.       COTW COULD CHOOSE TO SUPPORT THE RECOMMENDATION.
                 2.       COTW COULD CHOOSE TO NOT SUPPORT THE
                          RECOMMENDATION.
                 3.       COTW COUD CHOOSE TO REFER TO STAFF FOR FURTHER
                          INFORMATION.




Property Damage Claim: 6288 Bulyea Avenue                                       Page 132 of 141
                                            Agenda Item # 6j)




Property Damage Claim: 6288 Bulyea Avenue        Page 133 of 141
Page 134 of 141
                                            Agenda Item # 6j)




Property Damage Claim: 6288 Bulyea Avenue        Page 135 of 141
                                            Agenda Item # 6j)




Property Damage Claim: 6288 Bulyea Avenue        Page 136 of 141
                                            Agenda Item # 6j)




Property Damage Claim: 6288 Bulyea Avenue        Page 137 of 141
                                            Agenda Item # 6j)




Property Damage Claim: 6288 Bulyea Avenue        Page 138 of 141
                                            Agenda Item # 6j)




Property Damage Claim: 6288 Bulyea Avenue        Page 139 of 141
                                            Agenda Item # 6j)




Property Damage Claim: 6288 Bulyea Avenue        Page 140 of 141
                                            Agenda Item # 6j)




Property Damage Claim: 6288 Bulyea Avenue        Page 141 of 141

				
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