HomeMy WebLinkAbout1971-20 Intermunicipal Development Plan (Special Areas) BYLAW NO. 1971-20
COUNTY OF NEWELL
IN THE PROVINCE OF ALBERTA
Being a bylaw of the County of Newell in the province of Alberta,to adopt an Intermunicipal Development
Plan between the Special Areas Board and the County of Newell pursuant to sections 631 and 692 of
the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended;
WHEREAS municipalities are required by the province to expand intermunicipal planning efforts to
address common planning issues and where the possible effects of development transcends municipal
boundaries.
AND WHEREAS both the Special Areas Board and the Council of the County of Newell agree that it is
to their mutual benefit to establish joint planning policies and this negotiation and agreement reflects a
continuing cooperative approach between the two municipalities and the desire to see well-planned,
orderly, and managed growth.
AND WHEREAS the municipality must prepare a corresponding bylaw and provide for its consideration
at a public hearing.
NOW THEREFORE, under the authority and subject to the provisions of the Municipal Government Act,
Revised Statutes of Alberta 2000, Chapter M-26 as amended, the Council of the County of Newell duly
assembled hereby enacts the following:
1. Council shall adopt the County of Newell and Special Areas Board Intermunicipal Development
Plan in consultation and as agreed to with the Special Areas Board.
2. This plan, upon adoption, shall be cited as the County of Newell and Special Areas Board
Intermunicipal Development Plan Bylaw No. 1971-20.
3. This bylaw shall come into effect upon third and final reading thereof.
READ a first time this 20th day of February, 2020.
Reeve—Molly Douglass Chief Administrative Officer—Kevin Stephenson
READ a second time this 19th day of March, 2020.
Reeve—Molly Douglass Chief Administrative Officer—Kevin Stephenson
READ a third time and finally PASSED this 19th day of March, 2020.
Reeve-Molly Douglass Chief Administrative Officer-Kevin Stephenson
rU . c.
ALBERTA
MUNICIPAL AFFAIRS
Office of the Ali nister
MLA, Edmonton - South West
MINISTERIAL ORDER NO. MSD:052120
I, Kelechi Madu, OC, Minister of Municipal Affairs, pursuant to Section 6(1) of the
Special Al-eas Act and Sections 587 and 631(1) cf the Municipal Government Act,
make the following order:
1. This Order shall be known as the Intermunicipal Development Plan
between the Special Areas Beard and the County of Newell.
2. The plan attached hereto is deemed to be part of this Order.
Dated at Edmonton, Alberta, this .'. l �'� day of �A V1 2020.
Kele hi Madu, Q
Mini ter of Mu�cipal Affairs
13? Legislature Building, I0800 - 97 Avenue, Edmonton, Alberta T5K 2130 Canada Telephone 780-427-3744 Fax 780-422-9550
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County of Newell and Special Areas Board
Intermunicipal Development Plan
County of Newell Bylaw No. 1971-20
Special Areas Board Ministerial Order No. MSD.052/20
Table of Contents
Part 1 Introduction
1
Executive Summary
1
Purpose of an Intermunicipal Development Plan
3
Alignment with the Municipal Government Act
3
Regional Plans
4
Plan Interpretation
4
Plan Preparation
5
Plan Area Boundary
5
Municipal Profiles
5
Intermunicipal Development Plan Area 6
Part 2 Plan Policies 1D
Intermunicipal Land Use 10
Part 3 Plan Administration and Implementation l A
Intermunicipal Development Plan Committee 14
Intermunicipal Referral 15
Plan validity and Amendment 18
Dispute Resolution 18
Figures (located within the document)
Figurei Context Map.............................................................................................................. 2
Figure 2 -- Plan Area Boundary............................................................................................... 9
Figure 3- County of Newell and Special Areas Board Intermunicipal Referral Process .... 17
Figure 4 - County of Newell and Special Areas Board Dispute Resolution Process ..........20
Figures (located in Appendix B. Background Maps)
Figure 1 Context Map
Figure 2- Plan Area Boundary
Figure 3- County of Newell and Special Areas Board Intermunicipal Referral Process
Figure 4 - County of Newell and Special Areas Board Dispute Resolution Process
Figure 5 - Land Uses
Figure 6 -Transportation Network
Figure 7 - Historical Resource Sites
Figure 8 - Confined Feeding Operations
i I PAG£
Appendices
Appendix A definitions
Appendix B Background Maps
ii I PAGE
Part 1 Introduction
Part 1 Introduction
Executive Summary
To meet the requirements of the Municipal Government Act and to work together for
regional benefit, County of Newell and the Special Areas Board have collaborated to
develop an Intermunicipal Development Plan.
Section 631 of the MGA states:
"two or more councils of municipalities that have common boundaries that are not
members of a growth region as defined in Section 708.1 must, by each passing a
bylaw in accordance with this Part or in accordance with sections 12 and 692,
adopt an intermunicipol development plan to include those areas of land lying
within the boundaries of the municipalities as they consider necessary."
This Plan includes policy direction regarding future development, transportation
networks, coordination of municipal programs and environmental matters, as well as
procedural matters related to resolving disputes and initiating amendments to the Plan
for the County of Newell and Special Areas Board.
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Part 1 Introduction
Figure 1 Context Map
2 1 PAGE
Part 1 Introduction
Purpose of an Intermunicipal Development Plan
Intermunicipal Development Plans (IDPs) are statutory documents approved by
Council/Minister that help municipalities manage issues related to growth, changing
land use and the coordination of services along their borders. The plans provide a
policy framework that outlines how the municipalities can foster collaboration and
cooperation to adequately identify and discuss land use issues and expectations.
The objectives of an 1DP include:
• Identifying a plan area;
• Identifying future land uses, including lands suitable for recreational, residential,
industrial, commercial and environmental opportunities,'
• Identifying the long-term growth areas;
• Coordinating intermunicipal programs relating to the physical, social and
economic development of the area;
• Integrating all participating municipalities' recreational amenities including
greenspace, recreational facilities and trails;
• Addressing environmental matters;
• Addressing the provision of intermunicipal services and facilities:
• Determining a dispute resolution process to resolve any conflict between
municipalities;
• Developing an Implementation Plan, including circulation and referral processes;
and
• Developing a schedule for plan review and a procedure to be used by one or
more municipalities to amend or repeal the plan.
Alignment with the Municipal Government Act
This IDP has been prepared under the legislative authority prescribed in Section 631(2)
of the Municipal Government Act (MGA) which states:
(2) An intermunicipal development plan
(a) must address
(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,
3 1 P A G E
Part 1 Introduction
(v) environmental matters within the area, either generally or
specifically, and
(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,
a procedure to be used, by one or more municipalities, to amend
or repeal the plan,. and
(Fi) provisions relating to the administration of the plan.
Regional Plans
Both municipalities shall adhere to their respective applicable regional plans and
ensure the Intermunicipal Development Plan aligns with the objectives and strategies of
such plans to achieve regional outcomes.
Plan Interpretation
For the purpose of this IDP, names shall be referred to as follows:
All reference in this document to the Intermunicipal Development Plan may be
referred to as the IDP.
All words in the IDP shall have the same meaning as defined in the MGA.
This IDP contains the operative words `shall`, `should', 'may' and 'must°. The
interpretation of these words is found below:
Shall -- indicates that actions are mandatory.
Should - indicates the direction to strive to achieve the outlined action but is not
mandatory.
May - is discretionary, meaning the policy in question can be enforced if the
municipalities choose to do so. This is typically dependent on context and
individual circumstances.
Must - indicates actions are mandatory.
1.1 All references to a specific agency, body or department were accurate at the
time of Plan development. Considering the possibility of an agency, body or
department to change names, all references throughout the Plan shall therefore
4;PAGE
Part 1 Introduction
be considered applicable to the relevant agency, body or department currently
in effect.
.2 The information presented on the maps in the appendices of this Plan shall be
considered an approximation only and not an entirely accurate portrayal of the
geographical, physical or other variables included.
1.3 Notwithstanding 1.2 above, the boundaries of the Plan Area shall be considered
as accurate.
Plan Preparation
The formation of this Plan was guided by the direction of the County of Newell and the
Special Areas Board, involving senior municipal administration.
The municipalities agree that the continued primary use of land should remain
agricultural in nature. Non-agricultural development may be considered if considered
appropriate for rural areas and supports the local population and economy.
Key Issues
Compatibility of future uses with existing uses.
• Municipal road network integrity and condition.
• Preservation of the natural environment including water quality of the Red Deer
River.
Plan Area Boundary
The municipalities share a municipal boundary line of approximately 258.6 km. The Plan
Area includes the lands within the fringe of this shared boundary by a line that extends,
where possible, one mile (1.6 km) or one section from the shared border and consists of
approximately 489.68 km2. The Plan Area is illustrated in Figure 2 - Plan Area Boundary.
The established IDP area represents a shared agreement and dedication to
cooperation by the County of Newell and the Special Areas Board that will allow for the
continued use for agriculture and where applicable, coordination of infrastructure.
Municipal Profiles
County of Newell
The County of Newell is located in south-eastern Alberta in the heart of the Palliser
Triangle. The County holds 6,070.5 km2 of land inhabited by 7,524 residents. The County
surrounds four urban municipalities and governs eight hamlets. The County is bordered
by five rural municipalities and the Siksika First Nation. The economy is driven by
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Part 1 Introduction
agriculture with lands designated as Eastern Irrigation District, cultivated dry land, and
the oil and gas industry. The County has several lakes including Lake Newell, the
Crawling Valley Reservoir and a portion of Dinosaur Provincial Park, a UNESCO World
Heritage Site.
Special Areas Board
Special Areas is located in south-eastern Alberta. The Special Areas holds 9,740.6 km2 of
land inhabited by 2,070 residents. The Special Area is surrounded by nine rural
municipalities, and governs numerous hamlets. One local municipality (the Town of
Hanna) is located within Special Areas. The economy in Special Areas is driven primarily
by agriculture and the oil and gas industry. Special Areas has three named lakes (Little
Fish Lake, Dowling Lake and a portion of Sullivan Lake) as well as two provincial parks,
Little Fish Lake and a portion of Dinosaur Provincial Park, a UNESCO World Heritage Site.
Special Areas is administered by the Minister of Municipal Affairs with specific authority
delegated to the Special Areas Board, and with elected councillors forming the Special
Areas Advisory Council,
Intermunicipal development Plan Area
The Plan Area has sparse physical features and infrastructure. A review of these
elements identified the following characteristics within the Plan Area Boundary:
Transportation Infrastructure
Both municipalities recognize the importance of maintaining an efficient and
coordinated transportation network. The policies within this IDIP consider the impacts of
development on municipal and provincial road infrastructure in the Plan Area.
Three provincial highways intersect the Plan; the Provincial Highway Service
Classification Map identifies them as the following:
• Highway 862 is a Level 3 Arterial Highway
• Highway 36 is a Level 2 Arterial Highway
• Highway 876 is a Level 4 Arterial Highway
Six vehicular bridges owned and operated by Alberta Transportation are located within
the Plan Area. Bridges crossing Spring Creek and Little Sandhill Creek are located in the
County of Newell. One pedestrian bridge is identified in the County of Newell. Bridges
providing access between the municipalities across the Red Deer River are located at
Highway 36 and Highway 876.
The Finnegan Ferry provides seasonal intermunicipal access across the Red Deer River
at Highway 862.
6 1 P A G E
Part 1 Introduction
Environmentally Significant Areas
The Plan Area is primarily composed of lands classified by Alberta Environment and
Parks as Environmentally Significant. Both municipalities understand the value of the
natural environment and the contribution of environmentally significant areas to the
Plan Area; therefore, both municipalities agree to conservation efforts for
environmentally significant natural areas that are necessary to maintain natural
processes and healthy physical landscapes long-term.
The intermunicipal boundary follows the 'Red Deer River, a defining natural feature
within the Plan Area. Special consideration should be taken for developments that may
impact the river's water quality and bank stability.
The municipalities shall continue to prioritize the conservation of the Dinosaur Provincial
Park, surrounding riparian habitat features and badlands,
Native Grasslands on Public Lands
The municipalities acknowledge the importance of conservation and preservation of
the native grasslands that span the municipal boundaries. The municipalities agree to
joint efforts in fire suppression and weed control to mitigate the devastating effects of
grassland fires.
Resource Extraction
Oil and gas activity is prevalent in both municipalities with a significant number of oil
and gas wells, and pipelines located in the Plan Area. The municipalities recognize the
importance of resource extraction to the local economy and the maintenance of
transportation routes and other infrastructure.
Agriculture
The municipalities agree that agriculture and grazing will continue to be the primary use
of land in the Plan Area, and non-agricultural uses should be considered only in such
areas where they will not negatively impact these uses.
Confined Feeding Operations
One confined feeding operation (CFO) is located within the Plan Area, within the
County of Newell; the permit is currently held by Springside Colony Farming Co. Ltd. The
areas surrounding the CFO will have limited growth and development potential for
specific uses (primarily residential), with Minimum Separation Distances calculated by
the National Resources Conservation Board that buffer the intensive agricultural use
from other uses.
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Part 1 Introduction
The following breakdown of categories of Minimum Separation Distances for different
types of development are detailed below and shown in Figure 8 - Confined Feeding
Operations:
1. Category 1 - residences on land zoned for agricultural purposes (e.g.,
farmstead, acreage residences).
2. Category 2 - residences on land zones for non-agricultural purposes (e.g.,
country residential, rural commercial businesses).
3. Category 3 - residences on land zoned for high use recreational or commercial
purposes,
4. Category 4 - residences on land zoned for large-scale country residential, rural
hamlet, village, town or city.
Telecommunications Tower and Utilities
The continued demand for the location of telecommunications infrastructure and utility
servicing has the potential to impact land use within municipalities; however, the
municipalities recognize the jurisdiction of utility approvals is outside of their direct
control. This Plan provides policies to guide municipalities responding to applications
within the Plan Area.
Residential Development
The Plan Area contains few existing rural residential dwellings; however, little population
growth is expected to occur within either municipal border in the future. Existing
residential development is considered approved and may continue to exist. Future
residential development in the County of Newell and Special Areas is encouraged to
occur within established hamlets, urban municipalities, farms and first parcel out homes
on agricultural lands.
81 PAGE
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Part 2 Plan Policies
Part 2 Plan Policies
Intermunicipal Land Use
The policies in this EDP are intended to assisf decision -making by the County of Newell
Council and Special Areas Board and their administrations regarding land use matters
within the Plan Area. Policies were developed to sufficiently meet the future needs of
both municipalities while protecting important agricultural, physical and social elements
valued by both.
General
2.1 The municipalities shall engage in effective dialogue to build partnerships and
foster a collaborative relationship to promote regional interests and shared
environmental, economic and social outcomes.
2.2 The municipalities will jointly consider land use and matters along municipal
borders while maintaining jurisdiction on lands within their own boundaries.
2.3 The 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.
2.4 Where a municipal project including municipal infrastructure occurs within the
Plan Area on either side of the infermunicipal boundary, the initiating
municipality will refer notice of the project to the neighbouring municipality.
2.5 The County of Newell and Special Areas Board shall notify the other municipality
of major municipal infrastructure or public works projects in the Plan Area (e.g.,
bridge construction or major road upgrades).
Transportation
2.6 Should an application for subdivision or development Occur, which requires
access from the bordering municipality, the application must be circulated and
an agreement for access between municipalities established in writing prior to
the issuance of the subdivision or development approval by fhe host
municipality.
2.7 Where development occurs and Alberta Transportation has identified the need
for traffic studies or improvement to a highway or its access, the developer
carries the sole responsibility for fhe cost and implementation to the satisfaction
of Alberta Transportation.
2_8 The municipalities should endeavor to maintain open dialogue with Alberta
Transportation regarding the provincial highways in the Plan Area, including any
changes to the highways that may have impacts on each of the municipalities.
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Part 2 Plan Policies
2.9 Each municipality will attempt to minimize the impact of development on
intermunicipal roads, and subject to intermunicipal referral and consultation shall
keep roads open to facilitate intermunicipal traffic.
2.10 To provide reasonable access between the two municipalities the County of
Newell and Special Areas Board will coordinate the planning and construction of
intermunicipal transportation infrastructure including roads and bridges.
2.11 The municipalities may refer to the Intermunicipal Collaboration Framework
regarding the construction, repair and maintenance of any municipal roads in
the Plan Area.
Natural Environment
2.12 Lands that have been identified to contain a historic resource value (HRV) may
be required to conduct a historical resource impact assessment (HRIA), and the
proponent should consult the Historical Resources Act and Alberta Culture and
Tourism.
2.13 Both municipalities should consider the provincial Wetland Policy when making
land use decisions with the goal of sustaining environment and economic
benefits.
2.14 No development is permitted on unstable slopes along the Red Deer River
without professional engineering reports and design to ensure the development
will not cause erosion, safety issues or damage the bank of the river. Where
development is proposed near the Red deer River, the affected municipality
shall determine appropriate setbacks and mitigation measures,
Environmentally Significant Areas
2.15 if an application for development (including recreational) is located within an
environmentally significant area, a biophysical or wetland assessment may be
required to comply with municipal and provincial policies.
2.16 All applications for development located within an environmentally significant
area in the Plan Area shall be circulated to the other municipality for review and
to provide comment.
Native Grasslands on Public Lands
2.17 Future development of public lands in the Plan Area should avoid disturbing
intact native grassland. Where avoidance is not possible, disturbance shall be
minimized through the consideration of wildlife habitat use, vegetation and a
review of cumulative effects of all surrounding development operations.
2.18 All applications for the conversion of intact native grassland areas on public
lands shall be circulated to the other municipality for review and to provide
comment.
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Part 2 Plan Policies
Resource Extraction
2.19 The municipalities shall consider the effects of visual intrusion, dust, noise, traffic,
and air and water pollution when evaluating applications for new or expanded
of extractive activities, where they maintain jurisdiction.
2.20 Each municipality must be notified of any resource development subject to a
subdivision or development permit including resource extraction and aggregate
extraction proposal in the other municipality.
2.21 Where development proposal occurs that will result in access being required
from a road under a municipality's control or management, the affected
municipality must give its approval or decision in writing prior to the application
being considered as complete by the other municipality.
2,22 The municipalities may refer to the Intermunicipal Collaboration Framework
regarding the construction, repair and maintenance of any municipal roads
which may be impacted by resource development, when the development
requires access from the other municipality's road.
2.23 Resource extraction uses including aggregate operations may be considered an
acceptable use in the Plan Area if the development is deemed to not have
negative impacts on environmentally sensitive areas or historical resources and
complies with federal and provincial regulations. All applications involving
aggregate extraction will be referred to the neighbouring municipality for review
and comment.
Renewable Energy Development
2.24 The municipalities may consider renewable energy developments and other
industrial development where compatible with existing land uses.
2.25 Either municipality shall refer any application for a renewable energy
development within the Plan Area to the other municipality.
Agriculture
2.26 The impact on agricultural uses should be a consideration when determining
suitability of non-agricultural land uses in the Plan Area.
2.27 Both municipalities shall limit the fragmentation of good quality agricultural lands
with residential development.
2.28 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.
2.29 If disputes or complaints in either municipality should arise between ratepayers
and agricultural operators, the municipality receiving the complaint shall strive to
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Part 2 Plan Policies
direct the affected parties to the appropriate agency, government department
or municipality for consultation or resolution wherever necessary.
Confined Feeding Operations
2.30 Existing CFOs will be permitted to continue operating within the requirements of
the Agricultural Operation Practices Act and Regulations.
2.31 If either the County of Newell or Special Areas Board is in receipt of a notice of
application from the Natural Resources Conservation Board (NRCB) for a new or
expanded CFO, they will forward a copy of the notification to the other
municipality.
2.32 Development adjacent to a CFO shall comply with NRCB setbacks.
2.33 The municipalities shall refer applications for new or expanded CFOs that impact
the Plan Area.
Telecommunications Towers and Utilities
2.34 Where there is an application for a new, expanded or retrofitted
telecommunications tower within the Plan Area, each municipality will notify the
other for comment..
2.35 It is the preference of both municipalities that co -location of
telecommunications facilities be undertaken where technically feasible.
2.36 The location of telecommunications towers in proximity of irrigated crop
production should consider the potential impact to aerial application.
2.37 When providing comments to provincial and federal departments regarding
utility development, the municipalities will request consideration be given to the
establishment of utility corridors with multiple users.
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Part 3 Plan Administration and Implementation
Part 3 Plan Administration and Implementation
Intermunicipal Development Plan Committee
This Plan is a living document that requires ongoing review to ensure its applicability. To
ensure continued dialogue and communication between the County of Newell and
Special Areas Board, an Intermunicipal Development Plan Committee (the Committee)
will be established. The committee will strive for census with an approach that focuses
on cooperation and conflict resolution.
Policies
3.1 To administer and monitor the IDP, the County of Newell and Special Areas
Board will establish the Committee.
3.2 Both Council and Board agree the Committee will act as an advisory body.
Though the Committee does not have decision -making powers in either the
County of Newell or Special Areas Board, it may provide comments or
recommendations to each municipality with respect to planning matters that
impact the Plan Area.
3.3 The Committee shall be comprised of two (2) members from both the County of
Newell Council and the Special Areas Advisory Council.
3.4 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.
3.5 Quorum for Committee meetings shall consist of one (1) voting member from
each Council as a minimum.
3.6 At least one member of each municipality's administrative staff shall attend
each meeting in a non -voting advisory role.
3.7 Where quorum exists, and both Councils agree, the IDP Committee meeting may
be held via video or phone conference.
3.8 Members of the Committee shall be appointed by each of their respective
Council or Board. If a Council or Board wishes to appoint a new member to the
Committee (including the alternate), they must do so by motion of
Council/Board at a regular meeting_
3.9 The municipalities shall notify one another upon appointing members and
alternate members to the Committee.
3.10 Any matter deemed appropriate by both municipalities may be brought before
the Committee by administrative staff of either municipality.
3.11 The main purpose of the Committee shall be to:
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Part 3 Plan Administration and Implementation
aj Provide a collaborative space for discussion of land use matters within the
Plan Area;
bj Discuss and address issues regarding the Plan;
c) Make recommendation(s) for proposed amendments to the Plan;
d) Make recommendation(s) on intermunicipal issues to their respective
Councils:
ej Review and provide comment on referrals for matters such as land use
changes, subdivision and/or development proposals: and
fj To engage in conflict resolution with regards to intermunicipal issues.
3.12 Either municipality may initiate a meeting. That municipality is charged with
hosting the meeting and responsible for the preparation and distribution of
agendas and meeting minutes.
3.13 A municipality shall not give less than five (5) working days' notice of the meeting
being given to all members of the Committee and support personnel unless
there is consent by the Committee members.
3.14 Where a matter has been referred to the Committee and cannot be resolved to
the satisfaction of the Committee, the Committee shall initiate the conflict
resolution process outlined in Figure 4 County of Newell and Special Areas
Board Dispute Resolution Process.
IntermuniCipal Referral
This goal of this section is to provide a referral framework to establish the circumstances
so that a municipality has the opportunity to provide comments or make
recommendations on proposed statutory or non -statutory amendments or applications
in the Plan Area. Municipalities are encouraged to respond to referrals regardless if
there are no objections or comments to foster an environment of communication and
transparency (see Figure 3- County of Newell and Special Areas Board Intermunicipal
Referral Process).
3.15 All referrals shall be directed from Special Areas Board to the CAO of County of
Newell, or a designate.
3.16 All referrals shall be directed from the County of Newell to the Special Areas
Board Administrator.
3,17 Where an intermunicipal referral is required by the MGA or the policies
contained in this Plan, both municipalities shall share information regarding
mailing address and property ownership information to facilitate circulation to
the adjacent municipality.
3.18 The following shall be referred to the other municipality prior to public hearing:
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Part 3 Plan Administration and Implementation
a) New Municipal Development Plans (MDPs) or amendments to an existing
plan by either municipality;
b) Proposed statutory plans (other than a MDP) or amendment that impacts
the Plan Area;
c) Newly proposed Land Use Bylaw/Order; and
d) All Land Use Bylaw/Order amendments that impact the Plan Area.
3.19 The following shall be referred to the other municipality prior to a decision being
rendered:
a) All subdivision applications for lands within the Plan Area; and
b) All discretionary use applications that require Municipal Planning
Commission/Council approval for lands within the Plan Area.
3.20 Any subdivision application within 1.6 km of the centreline of a provincial
highway shall be referred to Alberta Transportation for comment.
3.21 Each municipality shall have ten (10) working days from receipt of a referral for
subdivision application or discretionary use application to review and provide
comment.
3.22 Each municipality shall have twenty (20) working days from receipt of a referral
for a statutory plan to review and provide comment.
3.23 Each municipality shall have ten (10) working days from receipt of a referral on
an appeal to review and provide comment.
3.24 Should a municipality not reply within, or request an extension, by the response
times outlined in this section, it may be presumed that the responding
municipality has no comment or objection to the planning matter or application.
3.25 Comments received by the responding municipality or Committee regarding a
referral shall be considered by the other municipality prior to a decision being
made.
16IPAGE
Part 3 Plan Administration and Implementation
Figure 3- County of Newell and Special Areas Board Intermunicipal Referral
Process
Eligible applications:
• Statutory documents (new or amendments) - MDP.ASP.ARP,LU5
• Outline Plans, conceptual schemes, subdivWon applications
• Discretionary use applications and appeals
• Development accessing a road within the jurisdiction of the adjacent
municipality road
• Applications for the disposition of reserves, easements, utility lots Or road
allowances
Option 1: Receiving
municipality provides
comments within specified
time frame
Option 2: Receiving
municipality requests an
extension to referral time
frames
Option 3: Receiving municipality
refers the application to the
Iniermuncipal Development Plan
Committee for review
17I PAGE
Part 3 Plan Administration and Implementation
Plan Validity and Amendment
The municipalities recognize that this Plan may require amendments in order to
accommodate future needs and ensure its applicability remains current,
Meeting Provincial Regional Planning Requirements
3.26 The municipalities agree they will comply with the adopted regional plan
strategies.
Adoption of the Intermunicipal Development Plan
3.27 This Plan comes into effect on the date it is adopted by both the County of
Newell and is approved by Ministerial Order, and remains in effect until:
a) Either Council or the Minister rescinds the Plan by bylaw/Ministerial Order
after giving six months' notice to the other municipality; or
b) There is mutual agreement of both municipalities to rescind the
bylaw/Ministeriol Order and a new IDP will replace it at the time of repeal.
Amendments to the Intermunicipal Development Plan
3.28 Amendments shall be adopted using the procedures outlined in the MGA.
3.29 No amendment shall come into force until such time as both municipalities
adopt the amending bylaw/Ministerial Order.
3.30 Administrative staff should review the policies of the Plan annually and discuss
land use matters, issues, and concerns on an on -going basis. Based on this
discussion administrative staff may make recommendations to their respective
Council/Board for amendment to the Plan.
3.31 A formal review of the Plan shall occur within ten ( 10) years from the date the IDP
is adopted by both municipalities.
Dispute Resolution
Municipalities are encouraged to avoid intermunicipal conflict by adhering t❑ this Plan
and its referral policies in this Plan to encourage collaborative dialogue on planning
matters that impact the Plan Area (see Figure 4 - County of Newell and Special Areas
Board Dispute Resolution Process).
3.32 Generally, the municipalities agree that:
a) The IDP shall be adhered to as adopted. Any permit of application that
may affect the bordering municipality will be circulated to help avoid
disputes;
18 1 P A C E
Part 3 Plan Administration and Implementation
b) Prior to the meeting of the Committee, each municipality will be
transparent with facts and seek clarification of information circulated;
and
c) The Committee should utilize meetings to discuss the issue or dispute with
the intent to seek a recommended solution by consensus.
3.33 Should a dispute arise regarding a technical or procedural matter including
technical errors in the policies of this Plan, misinterpretation of this Plan or Plan
policies, inadequate notification, or with regards to any other statutory plan
affecting lands in the Plan Area, the following process shall be implemented to
achieve consensus.
a) The issue will be directed to the administrators of each municipality. Senior
municipal administrators will review the matter and if both administrators
are in agreement, take action to rectify the matter.
b) Should either municipality identify an issue that may result in a dispute that
cannot be administratively resolved, a Committee meeting will be
scheduled. The Committee will review the issue and attempt to resolve
the matter by consensus.
c) If the Committee is unable to arrive at a consensus, the administration of
each municipality will schedule a joint meeting of the Council and Board
to discuss possible solutions and attempt to reach consensus on the issue.
d) Should the Council and Board be unable to resolve the matter, a formal
mediation process to facilitate resolution of the issue shall be initiated with
costs shared by both municipalities.
e) Should mediation prove unsuccessful in resolving the matter, an arbitrator
may be selected to hear the dispute and render a decision.
f) Filing a Dispute or Appeal under the Municipal Government Act
g) To resolve a dispute with regards to the adoption of a statutory plan, Land
Use Bylaw/Order or amendment to such, within thirty (30) days of
adoption, the municipality initiating the dispute may, without prejudice,
file an appeal to the Municipal Government Board under section 690(l) of
the MGA so the provincial statutory right and timefrome to file an appeal
is not lost.
h) If a solution is reached between the municipalities prior to the Municipal
Government Board meeting, the appeal may be withdrawn.
191 PAGE
Part 3 Plan Administration and Implementation
Figure 4 - County of Newell and Special Areas Board Dispute Resolution Process
201PAGE
Appendix A
Definitions
Alberta Land Stewardship Act (ALSA): the Alberta Land Stewardship Act, Statues of
Alberta 2009, Chapter A-26.8, as amended.
Aggregate Extraction: the activities and processes use to extract aggregate materials
including gravel, rock and sand.
Board: the Special Areas Board.
Confined Feeding Operation: an activity on land that is fenced or enclosed or within
buildings where livestock is confined for the purpose of growing, sustaining, finishing or
breeding by means other than grazing and requires registration or approval under the
conditions set forth in the Agricultural Operation Practices Act (AOPA), as amended
from time to time, but does not include seasonal feeding and bedding sites.
Council: the Council of the County of Newell.
Development: the activities listed in the Municipal Government Act in Part 17, section
616:
a) an excavation or stockpile and the creation of either of them;
bj 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;
cj 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.
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 Development: an 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.
Extensive Agriculture: the general raising of crops and grazing of livestock in a non -
intensive nature.
Extractives or Extractive Industry: a land use governed by the location of a natural
resource such as, but not limited to oil and gas, or logging which involves the extraction
or on -site processing and/or storage of a natural resource.
Historical Resource Value (HRV): the 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.
Intact Native Grasslands: tracts of grassland plant communities that have not been
substantially altered by land -use practices. These are native plant communities that
exhibit their normal ecological processes and functions (plant species diversity, nutrient
cycling, soil and site stability, capture and beneficial release of water and
productivity).(SSRP, 2014-2024)
Intensive Agriculture: if not defined in the respective municipalities' Land Use Bylaw,
means any purposeful method used to raise crops or to raise and/or keep livestock,
animals, poultry or their products for commercial purposes. May include, but is not
limited to, such operations as horse riding stables, poultry farms, pastures, robbitries, fur
farms, greenhouses, free 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 the County of Newell and Special
Areas.
Intermunicipal Development Plan (IDP): 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.
Municipalities (the municipalities): the municipalities of the County of Newell and
Special Areas.
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.
Municipal Projects: include such undertakings as the construction of municipal buildings
(i.e., fire stations or rec centres), infrastructure (i.e., water, sewage, waste power and
telecommunications), as well as the preparation of lands for such uses.
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 County of Newell and Special Areas Board Intermunicipol Development Plan.
Pion Area: the lands defined in this document to which the policies of this document
pertain.
Riparian Area: means an area of land characterized by vegetation growing on or near
the banks of a stream or other watercourse that is dependent on water from the stream
or other watercourse and where sufficient soil moisture supports the growth of moisture -
loving vegetation.
Renewable Resource/Energy: a natural resource or form of energy that can replenish
on its own with time.
Soil Classifications: the classification of soils in accordance with the Canadian Land
Inventory on the basis of soil survey information.
Stakeholder: a person with an interest or concern in matters pertaining to this Plan.
Statutory Plan: as per Part ] 7 of the Municipal Government Act, means intermunicipal
development plans, municipal development plans, area structure plans, or area
redevelopment plans adopted by a municipality under Division 4 of the Municipal
Government Act.
Study Area: the area identifled by both municipalities in this Plan that identifies areas of
importance and concern.
Subdivision and Development Authority: the County of Newell Subdivision and
Development Authority and/or Special Areas Board Subdivision and Development
Authority, respectively.
Working Day: Monday to Friday, excluding general holidays, as outlined in the
government of Alberta's employment standard.
Appendix B
Background Maps
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