Loading...
HomeMy WebLinkAboutBylaw 1806 - Kneehill and Wheatland County IDP - FebruaKneehill County & Wheatland County Intermunicipal Development Plan Bylaw No. 1806 & Bylaw No. 2019-33 ACKNOWLEDGEMENTS Kneehill County & Wheatland County Intermunicipal Development Plan 3 Table of Contents 1 INTRODUCTION ................................................................................................................. 5 1.1 PURPOSE OF THE PLAN ................................................................................................................................ 5 1.2 MUNICIPAL PROFILES ................................................................................................................................... 8 1.3 LEGISLATIVE REQUIREMENTS....................................................................................................................... 8 2 PLAN AREA ...................................................................................................................... 11 2.1 PLAN AREA CHARACTERISTICS ................................................................................................................... 11 2.2 LAND USE DESIGNATIONS .......................................................................................................................... 18 2.3 OTHER PLANS ............................................................................................................................................. 18 3 INTERMUNICIPAL LAND USE POLICIES ........................................................................ 20 3.1 GENERAL LAND USE POLICIES .................................................................................................................... 20 3.2 AGRICULTURE ............................................................................................................................................. 21 3.3 RESOURCE EXTRACTION & ENERGY DEVELOPMENT ................................................................................. 22 3.4 RENEWABLE ENERGY DEVELOPMENT ........................................................................................................ 23 3.5 TRANSPORTATION...................................................................................................................................... 23 3.6 TELECOMMUNICATION TOWERS / UTILITIES ............................................................................................. 24 3.7 RECREATIONAL DEVELOPMENT ................................................................................................................. 25 3.8 NATURAL ENVIRONMENT .......................................................................................................................... 25 3.9 WATER QUALITY AND FLOOD PROTECTION............................................................................................... 26 3.10 INTERPRETATION ....................................................................................................................................... 27 4 PLAN ADMINISTRATION AND IMPLEMENTATION ........................................................ 28 4.1 INTERMUNICIPAL DEVELOPMENT PLAN COMMITTEE ............................................................................... 28 4.2 INTERMUNICIPAL REFERRAL POLICIES ....................................................................................................... 30 4.3 PLAN VALIDITY ........................................................................................................................................... 32 5 DISPUTE RESOLUTION ................................................................................................... 34 5.1 GENERAL DISPUTE PROCESS ...................................................................................................................... 34 APPENDIX A | DEFINITIONS 4 Kneehill County & Wheatland County Intermunicipal Development Plan Table of Maps MAP 1: REGIONAL CONTEXT.......................................................................................................................................... 6 MAP 2: IDP PLAN AREA ................................................................................................................................................ 12 MAP 3: SOIL CLASSIFICATION ...................................................................................................................................... 13 MAP 4: ENVIRONMENTAL CONSIDERATIONS .............................................................................................................. 15 MAP 5: HYDROLOGICAL AND ROAD NETWORK........................................................................................................... 16 MAP 6: ENERGY ........................................................................................................................................................... 17 MAP 7: LAND USE DESIGNATION ................................................................................................................................. 19 Table of Figures FIGURE 1: DISPUTE RESOLUTION FLOW CHART .......................................................................................................... 36 Kneehill County & Wheatland County Intermunicipal Development Plan 5 SECTION 1 – INTRODUCTION 1 INTRODUCTION 1.1 PURPOSE OF THE PLAN The purpose of the Kneehill County and Wheatland County Intermunicipal Development Plan (IDP) is to foster a collaborative planning approach for lands along the common border between the two counties (see Map 1). The Municipal Government Act (MGA) mandates municipalities that share common boundaries to develop an Intermunicipal Development Plan. Municipalities are mandated to work together to adopt IDPs to: • promote consultation, coordination and cooperation regarding planning matters of joint interest within a defined planning area; • provide a framework for addressing land use concerns with regard to joint planning matters; • establish procedure for dealing with development proposals within a defined planning area; and • address any other matters relating to development considered necessary within a joint planning area. An IDP is a planning tool that can provide numerous benefits to participating municipalities, which may include, but are not limited to the following: • municipal cost-savings, as a result of infrastructure and service sharing, which also provides residents with a higher quality of life; SECTION 1.0 | INTRODUCTION 6 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 1 – INTRODUCTION • reinforcing and protecting both municipalities’ development philosophies and goals while mitigating the potential for future intermunicipal conflict; and • ensuring development for both municipalities occurs in an orderly, economic, efficient and harmonious manner that is sustainable by considering existing development conditions and future municipal goals. Kneehill County & Wheatland County Intermunicipal Development Plan 7 SECTION 1 – INTRODUCTION Map 1: Regional Context 8 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 1 – INTRODUCTION “The purpose of the Kneehill County and Wheatland County Intermunicipal Development Plan (IDP) is to foster a collaborative planning approach for lands along the common border between the two counties.” The Plan contains policy that is to be used as a framework for working cooperatively, communicating and making decisions in each municipality. As such, the IDP must also provide for the following: • Conflict Resolution Procedures; • A process to amend or repeal the Plan; and • Documentation for administration of the Plan. These procedures will provide more clarity between the partnering municipalities to ensure the administrative functions required through the Plan are understood. Each municipality is ultimately responsible for making decisions within their own municipal jurisdiction. 1.2 MUNICIPAL PROFILES Kneehill County Kneehill County is located in south-central Alberta spanning an area of 331,900 hectares (820,143 acres), situated between Red Deer County to the north, Mountain View County to the west, and Starland County to the East, and Wheatland County to the south. The majority of the land is zoned for agricultural uses, allowing the population of 5,001 (Statistics Canada, 2016 Census) to enjoy a rural way of life. As a region, Kneehill County with the Towns of Three Hills, Trochu and Villages of Acme, Carbon, Linden, and four hamlets, have a combined population of over 11,000 residents. Oil and gas is the second major industry in the region. The County’s goal is to protect this rural way of life while proactively enhancing it. The eastern border of Kneehill County runs along the Red Deer River Valley down to the heart of the Canadian Badlands, making tourism a viable market opportunity. Wheatland County Wheatland County covers an area of approximately 460,000 hectares (1.1 million acres), with a population of 8,788 (Statistics Canada, 2016 Census). Wheatland County surrounds four urban municipalities and contains a number of other hamlets and communities not officially designated as hamlets. The County is bordered by six rural municipalities, two towns (Drumheller & Strathmore), three villages (Rockyford, Standard & Hussar) and one First Nation. A portion of Wheatland County around Strathmore is within the Calgary Metropolitan Region Board jurisdiction. The economy of Wheatland County is based on agriculture, including beef and grain production. In recent years, industry, manufacturing and oil and gas development have played key roles in the County’s economic growth. 1.3 LEGISLATIVE REQUIREMENTS Intermunicipal Development Plans (IDPs) are now mandatory for all municipalities to complete with their municipal neighbours. However, Bill 25 amended Section 631 of the Municipal Government Act (MGA) to include a new subsection that states if the two municipalities that are mandated to enter into an IDP agree Kneehill County & Wheatland County Intermunicipal Development Plan 9 SECTION 1 – INTRODUCTION they do not require one, they are not required to enter into one. Municipal Government Act (MGA) The Intermunicipal Development Plan was prepared in accordance with the requirements of Sections 631, 636 and 638.1 of the Municipal Government Act (MGA). The MGA mandates that when an IDP is completed between neighbouring municipalities, and the document must address the following items: i. the future land use within the area, ii. the manner of and the proposals for future development in the area, iii. the provision of transportation systems for the area, either generally or specifically, iv. the co-ordination of Intermunicipal programs relating to the physical, social and economic development of the area, v. environmental matters within the area, either generally or specifically, vi. any other matter related to the physical, social or economic development of the area that the councils consider necessary, and b) must include i. a procedure to be used to resolve or attempt to resolve any conflict between the municipalities that have adopted the plan, ii. a procedure to be used, by one or more municipalities, to amend or repeal the plan, and iii. provisions relating to the administration of the plan. 10 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 1 – INTRODUCTION Page intentionally left blank Kneehill County & Wheatland County Intermunicipal Development Plan 11 SECTION 2 – PLAN AREA 2 PLAN AREA 2.1 PLAN AREA CHARACTERISTICS The Plan Area consists of an area approximately 1.6 to 2.5 km (1.0 to 1.6 miles) on either side of the shared municipal border. The Plan Area consists of approximately 19,640 hectares (48,532 acres) and is illustrated on Map 2. Key characteristics of the Plan Area include the following: AGRICULTURE & SOIL CHARACTERISTICS • Agriculture is the primary land use of the area. • There is a mix of agricultural operations including grazing, irrigation, and crop farming in the area. • The region contains a variety of soil characteristics that range from poor crop capability to crop capability with no limitations. For example, as shown on Map 3 soil classes 1 through 7 are present, resulting in a diversity of agricultural capacity and associated agricultural activities. KneehillCounty StarlandCounty WheatlandCountyRockyViewCounty Carbon Rockyford Drumheller MidlandProvincialPark Serviceb e r ryCreekKnee h i ll s Cre ekSe vern Cr e e kAtu si sCreekTwp: 27Rge: 22 Twp: 28Rge: 22 Twp: 27Rge: 23 Twp: 29Rge: 23 Twp: 28Rge: 24 Twp: 29Rge: 24 Twp: 27Rge: 25 Twp: 28Rge: 25 Twp: 28Rge: 20 Twp: 26Rge: 21Twp: 26Rge: 22 Twp: 29Rge: 22 Twp: 28Rge: 23 Twp: 26Rge: 23 Twp: 27Rge: 24 Twp: 26Rge: 24 Twp: 26Rge: 25 Twp: 29Rge: 25 Twp: 28Rge: 19 Twp: 26Rge: 19 Twp: 27Rge: 19 Twp: 26Rge: 20 Twp: 27Rge: 20 Twp: 27Rge: 21 Twp: 28Rge: 21 Twp:29 Rge: 19 Twp: 29Rge: 20Twp: 29Rge: 21 30 31 8 17 32 18 32 6 18 1516 20 23 26 31 36 5 7 9 10 1417 20 22 23 2526 33 36 145 9 1417 24 26 32 7 9 11 1618 19 20 2529 31 36 10 1417 21 24 27 35 36 246 8 13 20 21 23 30 33 16 12 15 1518 19 22 24 31 33 15 8 10 11 18 20 21 24 2829 31 34 245 8 14 20 23 25 31 36 4 7 10 1417 1317 19 21 29 36 235 12 1315 24 2630 32 34 24 11 131518 24 25 33 34 235 8 10 12 15 17 22 2628 34 35 8 9 12 131617 19 26 34 36 3 13 19 24 2830 31 34 36 24 11 18 13 23 24 26 35 12 14 2 12 23 24 26 1 19 16 20 6 17 27 20 22 33 6 22 24 28 32 2 9 18 12 16 20 22 35 1 9 17 13 24 28 2 11 13 19 30 3 13 18 2728 11 19 28 24 28 34 3 18 1923 31 5 10 33 5 12 20 7 13 36 11 34 11 5 7 12 15 31 4 7 18 27 32 4 11 18 1417 19 22 29 33 31 5 10 14 19 23 32 46 11 14 6 31 5 8 17 8 12 1518 24 27 31 35 26 12 26 10 1517 13 1 14 25 35 2 14 13 21 23 30 32 36 3 9 12 26 15 22 25 36 6 11 1316 21 5 13 15 21 24 30 33 36 7 11 18 20 21 26 34 36 16 23 26 33 27 35 1 1418 2729 13 10 14 4 15 29 9 19 2 1815 22 11 26 16 11 21 7 18 1 11 7 17 1816 17 9 31 15 35 11 19 324 19 30 12 35 1 35 30 16 27 25 6 10 7 13 35 29 6 35 36 29 8 22 7 9 20 2529 36 21 4 30 5 21 12 13 27 35 36 16 15 27 17 27 29 1 8 32 27 4 18 28 1 16 1 23 34 35 25 10 1414 23 29 16 25 35 13 5 6 16 8 25 34 35 18 20 17 26 18 13 24 1517 33 25 18 7 11 17 23 12 20 29 31 34 27 4 22 3 14 36 9 22 17 30 13 20 22 10 25 5 17 30 4 1314 1 33 16 24 21 29 2 8 15 24 17 27 10 16 8 12 25 34 23 3 19 15 31 8 2628 13 19 26 6 19 28 3 31 18 14 22 33 5 25 7 1417 9 31 1316 32 26 18 32 7 15 33 5 1315 14 9 10 2728 9 26 28 7 2 33 13 30 1 34 22 36 7 30 11 32 2 35 25 12 30 6 23 19 21 28 3 36 30 9 12 12 14 21 32 23 31 32 32 16 34 10 15 16 34 23 1 22 28 6 8 20 25 35 29 29 14 29 2630 16 20 27 24 21 32 5 23 DunphyEntice Gatine Beynon Wayne Nacmine Redland Sharples Hesketh Rosebud ")21 ")10 ")9 ")56 UV838 UV840 UV575 UV836 UV10X UV576 UV569 UV841 Map and data for informational and planning purposes only. Legend Wheatland County - Kneehill County Shared Boundary IDP Plan Area Boundary Municipal Boundary Map 2: IDP Area Wheatland County - Kneehill CountyIntermunicipal Development Plan December 2019 0 2 4 6 81km Carbon Rockyford Drumheller DunphyEntice Gatine Grainger Beynon Wayne Kirkpatrick Nacmine Sharples Hesketh Rosebud KneehillCounty StarlandCounty WheatlandCounty RockyViewCounty MidlandProvincialPark Se rviceberryCreekRosebud River MichichiCreekA t us i s C reekKneehillsCr e e k ")10 ")9 ")21 ")56 UV838 UV840 UV575 UV836 UV10X UV576 UV837 UV569 UV841 Legend Wheatland County - Kneehill County Shared Boundary IDP Plan Area Boundary Municipal Boundary Soil Classificaiton 1 - No significant limitations in use for crops 2 - Moderate limitations that restrict the range of crops or require moderate conservation practices 3 - Moderately severe limitations that restrict the range of crops or require special conservation practices 4 - Severe limitations that restrict the range of crops or require special conservation practices 5 - Very severe limitations restricting capability in producing perennial forage crops, and improvement practices are feasible 6 - Capable only of producing perennial forage crops, and improvement practices are not feasible 7 - No capacity for arable culture or permanent pasture 8 - Organic Soils (not placed in capability classes) Map and data for informational and planning purposes only. Map 3: Soil Classification Wheatland County - Kneehill CountyIntermunicipal Development Plan December 2019 0 2 4 6 81km 14 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 2 – PLAN AREA NATURAL LANDSCAPE • The unincorporated community of Beynon is primarily a private 500+ acre ecological preserve. It is located within a deeply sculpted portion of the Rosebud River valley and the area is recognized as being regionally significant. • The Rosebud River defines part of the border between the two Counties. The river valley area in both Counties is environmentally significant. Some conservation efforts exist in the area. • Environmental features are shown on Map 4: Environmental Considerations TRANSPORTATION INFRASTRUCTURE • Highway 9 is the main transportation corridor in the Plan Area. There are a number of regional intersections along Highway 9. The major intersection is Highway 9 and Highway 21, a major north-south corridor that runs parallel to Highway 2. • The CN Calgary-Drumheller line also defines a portion of the border between the two municipalities. There are setbacks (dwellings, berms and fences, noise attenuation barriers, etc.) that both Counties will have to consider. • Transportation Infrastructure is shown on Map 5: Hydrological and Road Network. RESIDENTIAL DEVELOPMENT • There is minimal residential development within the Plan Area, primarily farmsteads and acreages. • The unincorporated community of Beynon is located within the plan area. ENERGY • There are numerous energy facilities within the Plan Area including wellsites and pipelines as shown on Map 6: Energy. D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Grassland ESA'National'Rating Carbon Rockyford DunphyEntice Gatine Grainger Beynon Wayne Kirkpatrick Nacmine Sharples Hesketh Rosebud Drumheller KneehillCounty StarlandCounty WheatlandCounty RockyViewCounty Se rviceberryCreekRosebud River MichichiCreekA t us i s C reekKneehillsCr e e k ")10 ")9 ")21 ")56 UV838 UV840 UV575 UV836 UV10X UV576 UV837 UV569 UV841 Legend Wheatland County - Kneehill County Shared Boundary IDP Plan Area Boundary Municipal Boundary Sand And Gravel Deposit Alberta Wetland Inventory D D D D D D Environmentally Significant Area Historic Resource Value *Alberta Culture and Tourism - Historic Resources Management Branch HRV 1 - Provincial Historic Resource HRV 2 - Registered Historic Resource HRV 3 - Historic resource that will likely require avoidance HRV 4 - Historic resource that may require avoidance HRV 5 - High potential to contain a historic resource Map and data for informational and planning purposes only. Map 4: Environmental Considerations and Historic Resources Wheatland County - Kneehill CountyIntermunicipal Development Plan December 2019 0 2 4 6 81km Township Road 280 Township Road 284 Township Road 281 Township Road 275A Range Road 195A Range Road 210ARange Road 243Range Road 250Range Road 233Township Road 272Range Road 251Range Road 232Range Road 242Range Road 234Range Road 241Range Road 244Township Road 282 Range Road 20510XHig h w a y Township Road 290 Town ship Ro ad 280RangeRoad214A Range Road 195Township Road 274 841 HighwayRange Road 235Range Road 201Range Road 223Range Road 225Range Road 230Range Road 245Range Road 231Range Road 215RangeRoad203To w n s h ip Road 275Range Road 222Range Road 200Range Road204Range Road 213RangeRoad212Range Road 214Carbon Rockyford Drumheller DunphyEntice Gatine Grainger Beynon Wayne Kirkpatrick Nacmine Sharples Hesketh Rosebud KneehillCounty StarlandCounty WheatlandCounty RockyViewCounty MidlandProvincialPark R osebu dRiver Serviceb erryCreekAtusisC reekKneehi l lsCr e ek ")10 ")9 ")21 ")56 UV838 UV840 UV575 UV836 UV10X UV576 UV837 UV841 UV569 Legend IDP Plan Area Boundary Municipal Boundary Provincial Paved Highway Paved Unpaved Railway River/Stream Water Body Map and data for informational and planning purposes only. Map 5: Hydrological and Road Network Wheatland County - Kneehill CountyIntermunicipal Development Plan December 2019 Carbon Rockyford Drumheller DunphyEntice Gatine Grainger Beynon Dalum Wayne Kirkpatrick Nacmine RosedaleStation Sharples Hesketh Rosebud KneehillCounty StarlandCounty WheatlandCounty RockyViewCounty MidlandProvincialPark ServiceberryCreekRoseb u d RiverSever nCreekA t us i s C reekKn e e h illsC r e ek ")21 ")56 ")9 ")10 UV838 UV840 UV575 UV836 UV10X UV569 UV841 UV576 Legend Wheatland County - Kneehill County Shared Boundary Municipal Boundary IDP Plan Area Boundary !Wellsites Water Pipeline Sour Gas Pipeline Natural Gas Pipeline Oil Pipeline Map and data for informational and planning purposes only. Map 6: Energy Wheatland County - Special Area 2Intermunicipal Development Plan December 2019 0 2 4 6 81km 18 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 2 – PLAN AREA 2.2 LAND USE DESIGNATIONS LAND USE DESIGNATIONS The existing land use designations are determined by each county’s land use bylaw and are predominantly agricultural with the Agricultural General (AG) district in Wheatland County and the Agricultural (A) district in Kneehill County covering the area as shown on Map 7: Land Use Designations. The Land Use Designations shown on Map 7 are provided as a point-in-time capture for information purposes only and are subject to change without amendment to this Plan. 2.3 OTHER PLANS The area in proximity to the shared border between Wheatland County and Kneehill County continues to be dominated by agricultural land uses and does not have a substantial amount of non-agricultural development. While on-the-ground development has not yet proceeded the only major approved development within the area is the Badlands Motorsports Resort ASP, a mix of recreational and residential development north of the Rosebud River. Badlands Motorsports Resort ASP The Badlands Motorsports Resort Area Structure Plan (ASP) (Kneehill County Bylaw No. 1597) was approved in June 2013 to support the development of a recreational resort for motorsport enthusiasts. The development spans 425 acres north of the Rosebud River, and will include recreational, commercial, and residential components. All Existing Land Designation: Agricultural (A)** All Existing Land Designation: Agricultural General (AG)* Carbon Rockyford Drumheller DunphyEntice Gatine Grainger Beynon Wayne Kirkpatrick Nacmine Redland Sharples Hesketh Rosebud KneehillCounty StarlandCounty WheatlandCounty RockyViewCounty MidlandProvincialPark ")10 ")9 ")21 ")56 UV838 UV840 UV575 UV836 UV10X UV576 UV837 UV569 UV841 Legend Wheatland County - Kneehill County Shared Boundary IDP Plan Area Boundary Municipal Boundary Area Structure Plans Badlands Motorsports Resort ASP Rosebud ASP *Wheatland County Land Use Bylaw 2016-01: Updated May 2 2017, Subject to Change**Kneehill County Land Use Bylaw #1718: Updated September 27, 2016, Subject to Change Map and data for informational and planning purposes only. Map 7: Land Use Designations Wheatland County - Kneehill CountyIntermunicipal Development Plan December 2019 0 2 4 6 81km 20 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 3 – INTERMUNICIPAL LAND USE POLICIES 3 INTERMUNICIPAL LAND USE POLICIES The land use policies contained in this Plan are intended to provide direction to Kneehill County and Wheatland County administrations, subdivision and development authorities and Councils to encourage and manage the future development of lands contained within the Plan Area. 3.1 GENERAL LAND USE POLICIES INTENT The general land use policies address matters that apply to the entire Plan Area and are intended to provide an overall guiding direction for the IDP. Agriculture is intended to be the primary land use in the area; however potential growth centres identified in each municipality’s statutory plans (e.g. MDP or ASPs) may identify potential areas for non-agricultural land uses that will be dependent upon market and land owner interest. Each municipality will ensure non-agricultural development is designed in a smart, sustainable and advantageous form. POLICIES 3.1.1 The primary land use in the Plan Area is agriculture and grazing. 3.1.2 Non-agricultural development within the Plan Area shall be aligned with each municipality’s municipal development plan (MDP) and should be located along major highway corridors and/or within growth centres as identified in a MDP or other statutory plan (e.g. ASP). Kneehill County & Wheatland County Intermunicipal Development Plan 21 SECTION 3 – INTERMUNICIPAL LAND USE POLICIES 3.1.3 The municipalities, as per this Plan, shall strive to engage in effective dialogue when considering land use in the Plan Area, while still maintaining complete jurisdiction on lands within their own boundaries. 3.1.4 The municipalities may collaborate and investigate methods of giving support to projects that may mutually benefit or enhance the quality of life of residents from both municipalities. This could be in the form of in-kind donations, materials, municipal letters of support, unified government lobbying, application for grants, or other more permanent arrangements upon mutual agreement. 3.1.5 Both municipalities agree to jointly discuss ways to cooperate with provincial and federal agencies and utility providers to help facilitate the efficient delivery of infrastructure and services that are of a mutual benefit. Badlands Motorsports Resort ASP 3.1.6 The policies outlined in the Badlands Motorsports Resort ASP (Kneehill County Bylaw No. 1597) apply exclusively to lands that fall within the Badlands Motorsports Resort ASP Boundary as illustrated in Map 7. Notwithstanding anything to the contrary in this IDP, as it relates to those lands falling within the Badlands Motorsports Resort ASP Boundary, the municipalities agree that the applicable policies shall be those set out in the Badlands Motorsports Resort ASP. 3.2 AGRICULTURE INTENT Agriculture and grazing will continue to be the primary land use in the Plan Area, and non-agricultural uses should be considered only in such areas where they will not negatively impact agriculture and grazing. POLICIES 3.2.1 Agriculture and grazing are the primary uses in the Plan Area. 3.2.2 Both municipalities will strive to work cooperatively to encourage good neighbour farming practices, such as dust, weed and insect control, adjacent to developed areas through best management practices and Alberta Agriculture guidelines. 3.2.3 If disputes or complaints in either municipality should arise between ratepayers and agricultural operators, the municipality receiving the complaint shall strive to direct the affected parties to the appropriate agency, government department or municipality for consultation or resolution wherever necessary. 22 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 3 – INTERMUNICIPAL LAND USE POLICIES 3.3 RESOURCE EXTRACTION INTENT Resource extraction is recognized as important to the local economy and to the maintenance of transportation routes and other infrastructure. However impacts from resource extraction operations may affect nearby lands and must be addressed through proper siting and operation practices. POLICIES 3.3.1 Upon receipt of a development application for a new or expanded natural resource extraction operation within the Plan Area, the municipality shall forward a copy to the other municipality. 3.3.2 Upon receipt of a notice of application from a provincial agency for a natural resource extraction operation within the Plan Area (e.g. Code of Practice application notice from Alberta Environment & Parks) the municipality shall forward a copy to the other municipality. 3.3.3 When evaluating an application for a new or expanded natural resources extraction development the approving municipality shall ensure the development provides evidence of how it will mitigate the potential negative impacts of dust, noise, traffic, air, and water pollution. 3.3.4 Each municipality must be notified of any natural resource extraction development proposal in the other municipality that will result in access being required from a road under its control or management. After the application is deemed complete the affected municipality must be notified of the application and give its comments in writing within the notification period. If comments are not received within the notification period it will be determined the municipality has no comments. 3.3.5 Either municipality may require an agreement regarding the construction, repair, and maintenance of any municipal roads which may be impacted by natural resource extraction development, when the development requires access to come from the other municipality’s road. 3.3.6 If either Kneehill County or Wheatland County are in receipt of a notice for a new or expanded Alberta Transportation gravel pit or other natural resource extraction operation within the Plan Area, they shall forward a copy of the notice to the other municipality. Kneehill County & Wheatland County Intermunicipal Development Plan 23 SECTION 3 – INTERMUNICIPAL LAND USE POLICIES 3.4 RENEWABLE ENERGY DEVELOPMENT INTENT The availability of wind, sun and other renewable natural resources in both municipalities allows for the potential of large and small renewable energy developments. However, the appropriate siting of these types of developments is critical to minimizing the impacts to adjacent lands and local infrastructure. POLICIES 3.4.1 If an application for a renewable energy development is proposed within the plan area, the municipalities shall consider the application’s compatibility with existing land uses. 3.4.2 Either municipality shall refer to the other municipality any application, after it is deemed completed, for a renewable energy development (e.g. WECS 1 & 2, solar farm) within the Plan Area. Small scale renewable energy developments that either do not require a development permit or are listed as a permitted use in the applicable Land Use Bylaw District do not require referral to the other municipality. 3.5 TRANSPORTATION INTENT It is important that each municipality take into consideration the impact of development on provincial highways and municipal roads located within the Plan Area that form the area’s transportation infrastructure. POLICIES 3.5.1 Each municipality shall be notified of any subdivision or development proposal in the other municipality that will result in access being required from a road under its control or management. The affected municipality may request to obtain any associated traffic studies and must give its comments in writing within the notification period. If comments are not received within the notification period it will be determined the municipality has no comments. 3.5.2 Each municipality shall be notified of any road closure or development of an undeveloped road that will result in access being increased, decreased or removed for a road under its control or management. The affected municipality may request to obtain any associated traffic studies and must give its comments in writing within the notification period. If comments are not received within the notification period it will be determined the municipality has no comments. 24 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 3 – INTERMUNICIPAL LAND USE POLICIES 3.5.3 Either municipality may require a developer to enter into a road use agreement to control traffic, manage dust control or maintenance issues if access to the development is required from a road under its control or jurisdiction. 3.5.4 When required by Alberta Transportation, developers shall conduct traffic studies with respect to the impact and access onto provincial highways. Any upgrading identified by a traffic study conducted by a developer with respect to a highway shall be implemented by the developer at its sole cost and to the satisfaction of Alberta Transportation. 3.6 TELECOMMUNICATION TOWERS / UTILITIES INTENT Telecommunication towers and associated infrastructure is largely outside the jurisdiction of municipalities despite potential impacts to the local area. Municipalities have the opportunity to provide comments to applicants and approving authorities/agencies regarding applications within the Plan Area and municipality. POLICIES 3.6.1 Where there is an application for a new, expanded or retrofitted telecommunications tower within the Plan Area, the municipality within which the application is located shall refer the application to the other municipality for comment. If the municipality in which the application is located chooses to send a letter in response to an application for a telecommunications tower (sometimes referred to as a ‘Letter of Concurrence’) to the approving authority/agency the municipality shall include any comments received from the other municipality. If the municipality in which the application is located chooses not to send a letter it shall instruct the adjacent municipality to send their comments directly to the approving authority. 3.6.2 When providing a response letter or Letter of Concurrence for a new, expanded or retrofitted telecommunications tower, Kneehill County and Wheatland County shall request telecommunications companies to co-locate within the Plan Area where technically feasible. 3.6.3 When providing comments to provincial and federal departments regarding utility development within the Plan Area, Kneehill County and Wheatland County shall request that consideration be given to the establishment of utility corridors with multiple users. Kneehill County & Wheatland County Intermunicipal Development Plan 25 SECTION 3 – INTERMUNICIPAL LAND USE POLICIES 3.7 RECREATIONAL DEVELOPMENT INTENT To ensure recreational related development occurs in a harmonious and efficient manner with the natural landscape that surrounds it. POLICIES 3.7.1 Both municipalities may consult with other agencies to develop management plans which integrate land use, development and recreational activities. 3.7.2 Policies within existing adopted Area Structure Plans (i.e. Badlands Motorsports Resort ASP) will continue to apply within the Plan Area. 3.8 NATURAL ENVIRONMENT INTENT The Rosebud River is found within the Plan Area, which provides a multitude of ecological and aesthetic values and potential for both Counties, and its residents, including the Beynon ecological reserve. Both municipalities recognize the connection between the natural environment and quality of life and strive to balance development with the protection, preservation, and enhancement of natural systems and environmentally significant areas. POLICIES 3.8.1 When making land use decisions, each municipality will: a)utilize and incorporate measures which minimize possible impacts on the Rosebud River and any other important water resources; b)determine appropriate land use patterns in the vicinity of significant water resources and other water features; c)establish appropriate setbacks to maintain water quality, flood water conveyance and storage, bank stability and habitat. 3.8.2 3.8.3 For proposed development on lands within the Plan Area that may contain an environmentally significant site, an environmental/biophysical impact assessment (EIA/BIA) may be required to be completed by a qualified professional to the satisfaction of the approving municipality at the sole cost of the developer. For proposed development on lands that may contain a historic resource, a Historical Resource Overview (HRO) or Historical Resource Impact Assessment (HRIA) may be required to be 26 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 3 – INTERMUNICIPAL LAND USE POLICIES completed by the developer to the satisfaction of Alberta Culture and Tourism. The developer must comply with the Historical Resources Act and Alberta Culture and Tourism. 3.8.4 Both municipalities should consider the provincial Wetland Policy and Stepping Back from the Water Policy when making land use decisions with the goal of sustaining the environment and economic benefits. 3.8.5 Areas identified as environmentally sensitive or environmentally significant through federal, provincial, or municipal reports, policies or plans or through supplemental professional studies should be protected through the use of Environmental Reserves, Environmental Reserve Easements, Conservation Easements, or other appropriate methods as determined by the municipality and its applicable Municipal Development Plan policies or Land Use Bylaw regulations. 3.8.6 Development on slopes and river valleys within natural areas is generally discouraged. However, where development is proposed on these natural features, it will proceed only in accordance with the respective municipality’s statutory plans, applicable bylaws, and other municipal policies and regulations. 3.8.7 Subdivision and Development in or adjacent to river valleys shall take into consideration slope stability and soil characteristics in order to minimize negative impacts. 3.8.8 Either municipality shall refer any new environmental or biophysical study or report in support of a planning or development application pertaining to lands within the Plan Area to the other municipality. 3.8.9 Either municipality shall refer to the other municipality any new or amended municipal bylaw or policy pertaining to environmental or biophysical matters within the Plan Area. 3.8.10 Policies within existing adopted Area Structure Plans (i.e. Badlands Motorsports Resort ASP) will continue to apply within the Plan Area. 3.9 WATER QUALITY AND FLOOD PROTECTION INTENT Water is a precious resource. Water is used by agriculture, residential, commercial, industrial and recreational developments. It is important that both Counties consider the impact of development on water quantity and quality as well as the broader watershed impacts. Furthermore, protective measures should be taken to ensure developments are not located within flood prone areas. Kneehill County & Wheatland County Intermunicipal Development Plan 27 SECTION 3 – INTERMUNICIPAL LAND USE POLICIES POLICIES 3.9.1 Where new development may affect water quality, appropriate water and wastewater treatment and collection systems shall be considered using Best Management Practices in each County. 3.9.2 Development in identified flood fringe and floodways as per provincial mapping (if completed) shall comply with provincial regulations and legislation. Where land use and development is to occur in flood prone areas not identified on provincial maps as either flood fringe or floodway appropriate regulations shall be implemented to ensure no negative impacts on the land and neighboring County 3.10 INTERPRETATION INTENT To ensure the policies and language within this Plan are as clear and concise as possible. POLICIES 3.10.1 All references to a specific agency, body, or department were accurate at the time of writing. All references throughout the Plan shall therefore be considered to be applicable to the current relevant agency, body or department. 3.10.2 Unless otherwise required by the context, words used in the present tense include the future tense; words used in the singular include the plural; and the word person includes a corporation as well as an individual. Unless otherwise stipulated, the Interpretation Act, Chapter I-8, RSA 2000 as amended, shall be used in the interpretation of this bylaw. Words have the same meaning whether they are capitalized or not. 3.10.3 The relative boundaries or any variable presented on the maps contained in this Plan, with the exception of the boundaries of the Plan Area, shall be interpreted as an approximation and not a precise depiction of its actual or full extension. 28 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 4 – PLAN ADMINISTRATION AND IMPLEMENTATION 4 PLAN ADMINISTRATION AND IMPLEMENTATION The administration and implementation polices contained in this Plan are intended to assist Kneehill County and Wheatland County administrations, subdivision and development authorities and Councils with the initial and ongoing execution of this Plan over its lifespan and define the roles of each municipality in the Plan execution. 4.1 INTERMUNICIPAL DEVELOPMENT PLAN COMMITTEE INTENT The implementation of this Plan is intended to be an ongoing process to ensure it is maintained and remains applicable. A committee with joint representation will ensure continued dialogue and cooperation, as the purpose of this committee is to promote active cooperation and conflict resolution through a consensus- based approach. POLICIES 4.1.1 For the purposes of administering and monitoring the IDP, Kneehill County and Wheatland County establish the Intermunicipal Development Plan Committee (the Committee) comprised of an even number of members of Council from both Kneehill County and Wheatland County. Each municipality may appoint an alternate Committee member in the event a regular member cannot attend a scheduled meeting. Alternate Committee members shall have standing. Kneehill County & Wheatland County Intermunicipal Development Plan 29 SECTION 4 – PLAN ADMINISTRATION AND IMPLEMENTATION 4.1.2 The term of appointment for Committee members should be as determined by each municipality. Following each election, Members of the Committee shall be appointed by respective Councils at their Organizational Meeting. If a Council wishes to appoint a new member to the Committee (including the alternate), they must do so by motion of Council at a regular Council meeting. The municipalities shall notify one another upon appointing members and alternate members to the Committee. 4.1.3 Kneehill County and Wheatland County agree that the main functions of the Committee are to: a) create a forum for dialogue on issues of common concern and interest; b) address concerns regarding the policies of the Plan; c) address proposed amendments to the Plan; d) address issues in relation to the implementation of Plan policies; e) engage in resolving any conflicts or disputes which arise from this Plan; f) both municipalities will equally share costs associated with using outside assistance to resolve a dispute; and g) address any other land use issues deemed appropriate, but which are not explicitly identified in the Plan. 4.1.4 Meetings of the Committee shall be held on an "as needed basis", or at the request of either municipality. Committee meetings should be held as soon as possible if any conflict arises, or if any matter is brought before it. 4.1.5 A municipality may call a meeting of the Committee at any time upon not less than five (5) days' notice of the meeting being given to all members of the Committee and support personnel, stating the date, the time, purpose and the place of the proposed meeting. The five (5) days' notice may be waived with three quarters of the Committee members’ agreement noted. a) The municipality that called the meeting of the Committee shall host and chair the meeting and is responsible for preparing and distributing agendas and minutes; b) At least one (1) member of each municipality’s administrative staff should attend each meeting in the capacity of technical, non-voting advisor; c) Both Councils agree the Committee is not a decision making body and that the Committee shall issue a written response in the form of comments and/or recommendations to each Municipal Council within 10 business days from the Committee meeting date; d) Any changes to the Committee format, composition, roles, responsibilities or any aspect of its existence or operation may be requested by either municipality; 30 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 4 – PLAN ADMINISTRATION AND IMPLEMENTATION e) Where a matter has been referred to the Committee and a resolution cannot be found, the Dispute Resolution process in Section 5 of this Plan should be adhered to. 4.2 INTERMUNICIPAL REFERRAL POLICIES INTENT The purpose of this section of the Plan is to establish clear and consistent expectations and protocols pertaining to the referral process for applications within both municipalities. POLICIES General 4.2.1 Where an intermunicipal referral is required by policies contained in this Plan, both municipalities agree to provide the other municipality with the required landowner information for the circulation area. 4.2.2 Where a plan or bylaw, including amendments, or application, requires notifications to be sent to a municipality that is external to this IDP, the referring municipality shall follow the referral requirements outlined in the Municipal Government Act (MGA), or where applicable, those contained in a relevant Intermunicipal Development Plan. 4.2.3 Kneehill County and Wheatland County may wish to notify the other municipality of major municipal infrastructure or public works projects within the Plan Area (e.g. major road upgrades, bridge construction). 4.2.4 Where required by the MGA, a relevant statutory plan, land use bylaw or policies of this Plan, applications located outside of the Plan Area may be referred to the adjacent municipality. Response Timelines 4.2.4 The responding municipality shall, from the date of notification by either postal mail or electronic mail, have the following timelines to review and provide comment on intermunicipal referrals: a) 21 calendar days for all subdivision or development applications, b) 21 calendar days for all redesignation applications, and c) 21 calendar days for all other intermunicipal referrals. 4.2.5 In the event that either municipality, the Committee, or any other referral does not reply within the response time for intermunicipal referrals stipulated in this Section, it is presumed the responding municipality and/or Committee has no comment or objection to the referred planning application or matter. Kneehill County & Wheatland County Intermunicipal Development Plan 31 SECTION 4 – PLAN ADMINISTRATION AND IMPLEMENTATION Statutory Plans 4.2.6 A newly proposed Municipal Development Plan or amendment shall be referred to the other municipality for comment prior to a public hearing. 4.2.7 A newly proposed statutory plan or amendment pertaining to the Plan Area shall be referred to the other municipality for comment prior to a public hearing. Land Use Bylaws 4.2.8 All Land Use Bylaw amendments pertaining to the Plan Area, shall be referred to the other municipality prior to a public hearing. 4.2.9 All redesignation applications within the Plan Area shall be referred to the other prior to a public hearing. 4.2.10 A newly proposed Land Use Bylaw from either municipality shall be referred to the other prior to a public hearing. Outline Plans, Area Concept Plans & Design Concepts 4.2.11 All outline plans, area concept plans, design concepts or similar non-statutory plans in support of a subdivision or development that are located within the Plan Area shall be referred to the other municipality for comment prior to approval. Subdivision and Development 4.2.12 All subdivision applications for lands within the Plan Area shall be referred to the other municipality for comment prior to a decision being rendered. 4.2.13 All discretionary use applications within the Plan Area where no approved ASP or ACP is in place shall be referred to the adjacent municipality for comment prior to a decision being issued. 4.2.14 Both municipalities are encouraged to share with the adjacent municipality, the results of all publicly available technical analyses required by a Subdivision and Development Authority as part of an application within the Plan Area. Consideration of Responses 4.2.15 Comments from the responding municipality and/or the Committee regarding proposed Municipal Development Plans, other statutory plans, and Land Use Bylaws, or amendments to any of those documents, shall be considered by the municipality in which the application is being proposed, prior to a decision being rendered. 32 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 4 – PLAN ADMINISTRATION AND IMPLEMENTATION 4.2.16 Comments from the responding municipality and/or the Committee regarding subdivision and development applications shall be considered by the municipality in which the application is being proposed, prior to a decision being rendered on the application. 4.3 PLAN VALIDITY INTENT This Plan may require amendments from time to time to accommodate unforeseen situations, and to keep the Plan relevant. This Plan does not contain a “sunset” clause, but rather, a method of continuous updating. POLICIES Addressing Provincial Regional Planning Requirements The two counties are located within different provincial regional plans. Kneehill County is within the Red Deer Regional Plan, which has not yet been completed. Wheatland County is within the South Saskatchewan Regional Plan (SSRP) which has been completed and came into effect September 1, 2014. 4.3.1 The municipalities agree that they will comply with any relevant adopted regional plan. 4.3.2 This Plan aligns with the strategies of the SSRP for lands lying within the boundary of Wheatland County. Addressing Municipal Amendments and Plan Validity 4.3.3 This Plan comes into effect on the date it is adopted by both Kneehill County and Wheatland County. 4.3.4 Amendments shall be adopted by both Councils using the procedures outlined in the Municipal Government Act (MGA). No amendment shall come into force until such time as both municipalities adopt the amending bylaw. 4.3.5 Proposed amendments to this Plan by parties other than Kneehill County or Wheatland County shall be accompanied by the following: a) an application for amendment submitted to Kneehill County along with the applicable municipal fee as noted in the municipal Master Rates Bylaw for processing amendments to a statutory document; and b) an application for amendment submitted to Wheatland County along with the applicable municipal fee for processing amendments to a statutory document. 4.3.6 The Plan shall only be repealed if mutually agreed upon by both municipalities and under the condition the Plan will be replaced with a new IDP that will be adopted by both municipalities at the time of the repeal. Kneehill County & Wheatland County Intermunicipal Development Plan 33 SECTION 4 – PLAN ADMINISTRATION AND IMPLEMENTATION 4.3.7 In the case where only one municipality wishes to repeal the Plan, 60 days notice shall be given to the other municipality stating the intent and reasons for repealing the Plan. Both Councils shall pass the bylaw repealing the Plan and adopting a new IDP for the repeal to take effect. 4.3.8 Should only one municipality wish to repeal the Plan, the dispute resolution process in Section 5.0 shall be initiated. 4.3.9 Administrative staff should review the policies of the Plan annually and discuss land use matters, issues and concerns on an on-going basis. Administrative staff may make recommendations to their respective Councils for amendment to the Plan to ensure the policies remain relevant and continue to meet the needs of both municipalities. 4.3.10 A formal review of the Plan shall occur within 10 years from the date the IDP is adopted by both municipalities. 34 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 5 – DISPUTE RESOLUTION 5 DISPUTE RESOLUTION The MGA mandates that every IDP must have policies pertaining to dispute resolution. 5.1 GENERAL DISPUTE PROCESS INTENT The policies of this Plan are designed to be general in nature, ensuring that both Kneehill County and Wheatland County maintain jurisdiction over the decisions made within their borders. It is anticipated that by following the process below, any disputes or conflicts that may arise can first be avoided, and where necessary, settled at the local level. Only in those circumstances where a resolution cannot be achieved locally would the dispute be referred to outside parties. POLICIES General Agreement The municipalities agree that: 5.1.1 It is important to avoid dispute by ensuring the Plan is adhered to as adopted, including full circulation of any permit or application that may affect the municipality as required in the Plan and prompt enforcement of the Plan policies. Kneehill County & Wheatland County Intermunicipal Development Plan 35 SECTION 5 – DISPUTE RESOLUTION 5.1.2 Prior to the meeting of the Committee, each municipality through its administration, will ensure the facts of the issue have been investigated and clarified, and information is made available to both parties. Staff meetings are encouraged to discuss possible solutions. 5.1.3 The Committee should discuss the issue or dispute with the intent to seek a recommended solution by consensus. Dispute Resolution In the case of a dispute, the following process will be followed to arrive at a solution: 5.1.4 When a potential intermunicipal issue comes to the attention of either municipality relating to a technical or procedural matter, such as inadequate notification or prescribed timelines, misinterpretation of Plan policies, or a clerical error regarding the policies of this Plan, either municipality’s Land Use Bylaw, or any other plan affecting lands in the Plan area, it will be directed to the administrators of each municipality. The administrators will review the technical or procedural matter and if both administrators are in agreement, take action to rectify the matter. 5.1.5 Should either municipality identify an issue related to this Plan that may result in a dispute that cannot be administratively resolved or any other issue that may result in a dispute, the municipality should contact the other and request that a Committee meeting be scheduled to discuss the issue. The Committee will review the issue and attempt to resolve the matter by consensus. 5.1.6 The dissenting municipality is requested to bring a resolution of Council to the Committee. The resolution of Council should clearly outline the concern(s) and possibly remedy requested from the other municipality. 5.1.7 Should the Committee be unable to arrive at a consensus, the administration of each municipality will schedule a joint meeting of the two Councils to discuss possible solutions and attempt to reach consensus on the issue. 5.1.8 Should the Councils be unable to resolve the matter, a formal mediation process to facilitate resolution of the issue shall be initiated. Filing an Intermunicipal Dispute under the Municipal Government Act 5.1.9 In the case of a dispute involving the adoption of a statutory plan, Land Use Bylaw or amendment to such, within 30 days of adoption, the municipality initiating the dispute may, without prejudice, file an appeal to the Municipal Government Board under section 690(1) of the Municipal Government Act (MGA) so that the provincial statutory right and timeframe to file an appeal is not lost. 5.1.10 The appeal may then be withdrawn, without prejudice, if a solution or agreement is reached between the two municipalities prior to the Municipal Government Board meeting. This is to acknowledge and respect that the time required to seek resolution or mediation may not be 36 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 5 – DISPUTE RESOLUTION able to occur within the 30-day appeal filing process as outlined in the Municipal Government Act (MGA). Note: Using section 690(1) of the Municipal Government Act (MGA) is the final stage of dispute settlement, where the municipalities request the Municipal Government Board to intercede and resolve the issue. Kneehill County & Wheatland County Intermunicipal Development Plan 37 SECTION 5 – DISPUTE RESOLUTION Dispute Resolution Flow Chart The dispute resolution flow chart shown as Figure 1 is for demonstration purposes only and shall not limit the ability of either municipality to explore other methods of resolution or to choose one method in place of another. Figure 1: Dispute Resolution Flow Chart 38 Kneehill County & Wheatland County Intermunicipal Development Plan SECTION 5 – DISPUTE RESOLUTION Page intentionally left blank Appendix A: Definitions i APPENDIX A | DEFINITIONS ii Appendix A: Definitions APPENDIX A | DEFINITIONS Adjacent Land(s): Land that abuts or is contiguous to the parcel of land that is being described and includes land that would be contiguous if not for a highway, road, lane, walkway, watercourse, utility lot, pipeline right-of-way, power line, railway or similar feature and any other land identified in a land use bylaw as adjacent for the purpose of notifications under the Municipal Government Act, Revised Statues of Alberta 2000, M- 26 with amendments. Agricultural Operation: If not defined in the municipality’s Land Use Bylaw, it is an agricultural activity conducted on agricultural land for gain or reward or in the hope or expectation of gain or reward, and can include, but is not limited to: a) the cultivation of land; b) the raising of livestock, including game-production animals within the meaning of the "Livestock Industry Diversification Act" and poultry; c) the raising of fur-bearing animals, pheasants or fish; d) the production of agricultural field crops; e) the production of fruit, vegetables, sod, trees, shrubs and other specialty horticultural crops; f) the production of eggs and milk; g) the production of honey (apiaries); h) the operation of agricultural machinery and equipment, including irrigation pumps on site; i) the application of fertilizers, insecticides, pesticides, fungicides, and herbicides, including application by ground and aerial spraying, for agricultural purposes; j) the collection, transportation, storage, application, use transfer and disposal of manure; k) the abandonment and reclamation of confined feeding operations and manure storage facilities. Alberta Land Stewardship Act (ALSA): The Alberta Land Stewardship Act Statues of Alberta, 2009 Chapter A-26.8, as amended. Area Structure Plan (ASP): A statutory plan in accordance with the Municipal Government Act (MGA) for the purpose of providing a framework for subsequent subdivision and development of an area of land in a municipality. The Plan typically provides a design that integrates land uses with the requirements for suitable parcel densities, transportation patterns (roads), stormwater drainage, fire protection and other utilities across the entire Plan Area. Appendix A: Definitions iii Biophysical Impact Assessment: means the assessment of the biological and physical elements for the purpose of reducing the potential impacts of the proposed development on the natural environment. The report details specific components of the environment such as topography, geology, hydrology, soils, vegetation, wildlife, and biodiversity (terrestrial and aquatic) for a specific development area. Mitigation measures are suggested to minimize or eliminate potential environmental concerns. Calgary Metropolitan Region Board (CMRB): The board established by the Calgary Metropolitan Region Board regulation (Alberta Regulation 190/2017). Calgary Metropolitan Region: The lands lying within the boundaries of the participating municipalities of the Calgary Metropolitan Region Board. Conservation Easement: A voluntary agreement between a landowner and a conservation organization or government agency. The intent of the Conservation Easement is to protect the ecological, scenic, and or agricultural values of the land. The agreement is placed on title, and the landowner continues using the land subject to the specific restrictions in the easement. Conservation Reserve: As defined by the Municipal Government Act and used for the purpose of conserving environmentally significant features that cannot be required to be provided as environmental reserve. Council(s): The Council of Kneehill County and the Council of Wheatland County in the Province of Alberta. Counties: The Municipality of Kneehill County and the Municipality of Wheatland County. Development: As defined by the Municipal Government Act in Part 17, section 616, means a) an excavation or stockpile and the creation of either of them; b) a building or an addition to or replacement or repair of a building and the construction or placing of any of them on, in, over or under land; c) a change of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the use of the land or building; or d) a change in the intensity of the land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building. iv Appendix A: Definitions Discretionary Use: The use of land or a building in a land use district for which a development permit may be approved at the discretion of the Development Authority with or without conditions. Energy Industry or Energy Development: Industry that uses some form of alternative energy either as the source of its operation or the result of its operation, such as, but not limited to, wind farms, solar farms, hydroelectric dams among others. Environmental Reserve: Regulated through the Municipal Government Act (MGA), it is the transference of land from the landowner to the municipality through the subdivision process. The lands can consist of water bodies, steep slopes, gullies, or drainage courses, and would be required to remain in its natural state. Environmental Reserve Easement: Similar to an Environmental Reserve, the ERE however allows the title to remain under the landowner, instead of with the municipality. Similar restrictions apply with an easement, such that the land would be left in its natural state. Environmentally Significant Area (ESA) means an area defined as an Environmentally Significant Area within the applicable land use bylaw of the approving municipality. Environmental Site Assessment (ESA – Phase I or II): An investigation in relation to land to determine the environmental condition of property. It includes a Phase 1 environmental site assessment, a Phase 2 environmental site assessment and confirmatory investigation. Extensive Agriculture: The general raising of crops and grazing of livestock in a non- intensive nature. Extractives or Extractive Industry: Use of lands that are governed by the location of a natural resource such as, but not limited to, sand and gravel, oil and gas, or logging which involves the extraction or onsite processing and/or storage of a natural resource. Historical Resource Value (HRV): Lands that contain or are believed to contain historic resources, including primarily archeological and paleontological sites, Aboriginal traditional use sites of a historic resource nature, and historic structures. Intensive Agriculture: If not defined in the respective municipalities’ Land Use Bylaw, it is any concentrated method used to raise crops or to rear or keep livestock, animals, poultry or their products for market including, but not limited to, Appendix A: Definitions v such operations as horse riding stables, poultry farms, pastures, rabbitries, fur farms, greenhouses, tree farms, sod farms, apiaries, dairies, nurseries and similar specialty uses conducted as the principal use of a building or site. Intermunicipal Border: The shared border between Kneehill County and Wheatland County. Intermunicipal Development Plan (IDP): A statutory document, adopted by bylaw in accordance with section 631 of the Municipal Government Act, which is used by municipalities as a long-range planning tool. Intermunicipal Development Plan Committee (the Committee): The members assigned by each respective Council for the purposes of administering and monitoring the Intermunicipal Development Plan. May: Is an operative word that means that there is a choice, with no particular direction or guidance intended. Municipalities (the Municipalities): The municipalities of Kneehill County and Wheatland County. Municipal Government Act (MGA): The Municipal Government Act Revised Statues of Alberta 2000, Chapter M-26, as amended. Municipal Development Plan (MDP): A statutory plan, adopted by bylaw in accordance with section 632 of the Municipal Government Act and used by municipalities as a long-range planning tool. Permitted Use: The use of land or a building in a land use district for which a Development Authority shall issue a development permit with or without conditions providing all other provisions of the Bylaw are conformed with. Plan: The Kneehill County and Wheatland County Intermunicipal Development Plan. Plan Area: The lands defined in this document on Map 2 noted as “Plan Area” (approximately 1 to 1.5 miles on either side of the shared border) to which the policies of this document pertain. Provincial Highway: A road development as such by Ministerial Order pursuant to the Highway Development and Protection Act, Alberta Regulation 326/2009. vi Appendix A: Definitions Ratepayer: A land owner within the municipality who pays taxes to the respective municipality and is considered a stakeholder in public matter relating to the municipality. Red Deer Regional Plan: The Regional Plan and regulations for the Red Deer Regional Plan area established by Order of the Lieutenant Governor in Council Pursuant to the Alberta Land Stewardship Act. Renewable Resource/Energy: A natural resource or form of energy that can replenish on its own with time. Shall: Is an operative word that means the action is mandatory. Should: Is an operative word that means that in order to achieve the Plan’s objectives, it is strongly advised that the action be taken. Soil Classifications: The classification of soils in accordance with the Canadian Land Inventory on the basis of soil survey information, and are based on intensity, rather than kind, of their limitations for agriculture. Class 1 – Soils in this class have no significant limitations in use for crops. Class 2 – Soils in this class have moderate limitations that restrict the range of crops or require moderate conservation practices. Class 3 – Soils in this class have moderately severe limitations that restrict the range of crops or require special conservation practices. Class 4 – Soils in this class have severe limitations that restrict the range of crops or require special conservation practices. Class 5 – Soils in this class have very severe limitations that restrict their capability in producing perennial forage crops, and improvement practices are feasible. Class 6 – Soils in this class are capable only of producing perennial forage crops, and improvement practices are not feasible. Class 7 – Soils in this class have no capacity for arable culture or permanent pasture land. South Saskatchewan Regional Plan (SSRP): The Regional Plan and regulations for the South Saskatchewan Regional Plan area established by Order of the Lieutenant Governor in Council Pursuant to the Alberta Land Stewardship Act. Stakeholder: A person with an interest or concern in matters pertaining to this Plan. Appendix A: Definitions vii Statutory Plan: As per Part 17 of the Municipal Government Act, is an intermunicipal development plan, a municipal development plan, an area structure plan, or an area redevelopment plan adopted by a municipality under Division 4 of the Municipal Government Act. Subdivision and Development Authority: Within the boundary of Kneehill County means Kneehill County Subdivision and Development Authority, and within the boundary of the Wheatland County means the Wheatland County Subdivision and Development Authority.