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HomeMy WebLinkAboutPOL-010-23 Reserve Land COUNTY OF NEWELL - POLICY HANDBOOK POLICY NO: POL-010-23 TITLE: RESERVE LAND ADOPTED: January 26, 2023 (C-22/23) SUPERCEDES NO: 2016-PAD-057 PAGE NO: 1 of 6 POLICY PURPOSE: The purpose of this policy is to provide direction on the acquisition, management, and use of County reserve lands; to provide direction on how reserves are collected. SCOPE: This policy applies to any parcels of land within the County of Newell that are the subject of a proposed subdivision and those parcels that have been designated as reserve land at land titles. __________________________________________________________________________ DEFINITIONS: 1. “Act” means the Municipal Government Act being the Revised Statutes of Alberta 2000, Chapter M-26.1, and amendments thereto. 2. “Buffer” means a strip of land of variable width that exist for the purpose of separating parcels of differing land uses. 3. “County” means the County of Newell. 4. “Dedication” means the amount of land being dedicated for the purpose of a reserve from a parcel of land subject of a proposed subdivision. 5. “Environmentally significant features” means natural, geological, or otherwise non- manmade features that, in the opinion of the County, are important enough to deserve protection from damage or removal. 6. “May” means discretionary compliance or a choice in applying policy. 7. “Money-in-place” refers to any money that is taken in place of Municipal Reserve lands. 8. “Quarter section of land” is defined as a parcel of land measuring more or less 64.75 hectares (160 acres), according to the Alberta Surveys Act. 9. “Shall” or “Must” means mandatory compliance except where a Variance has been granted pursuant to the Act. 10. “Should” means compliance in principle but is subject to the discretion of the subdivision authority where compliance is impracticable or undesirable because of relevant planning principles or circumstances unique to a specific application. __________________________________________________________________________ 1. POLICY GUIDELINES: 1.1 All reserve lands described in this policy are owned and managed by the County unless explicitly stated otherwise. As such, reserve lands are not intended for private use by adjacent landowners, or for private use by any other persons. 1.2 The County maintains responsibility for removing hazards from any reserve lands when, in the opinion of the County, those hazards pose a significant threat to public safety. POL-010-23 RESERVE LAND Page 2 of 6 1.3 The County should not defer the requirement of a reserve dedication as a deferred reserve caveat against a remainder of the subject parcel or other land of the person applying for subdivision approval. 2. RESERVES NOT REQUIRED: 2.1 Reserve land or money-in-place of reserve land are not required for a subdivision if: (a) one lot is to be created from a quarter section of land; (b) land is to be subdivided into lots of 16.0 hectares (39.5 acres) or more and is to be used only for agricultural purposes; (c) the land to be subdivided is 0.8 hectares (2.0 acres) or less; or (d) reserve land or money-in-place of it was provided historically for the land that is the subject of the proposed subdivision. 3. ENVIRONMENTAL RESERVES (ER) & CONSERVATION RESERVES (CR): Acquisition 3.1 The owner of a parcel of land that is subject of a proposed subdivision must provide, without compensation, to the County land for environmental reserve (ER) as required by the subdivision authority. 3.2 The County and the owner of a parcel of land must, before the approval of a subdivision application, enter into a written agreement providing that the owner will be required to dedicate part of the parcel of land to the County as ER as a condition of subdivision approval, and specifying the boundaries of that part. 3.3 ER can only be provided as such if it consists of: (a) a swamp, gully, ravine, coulee, or natural drainage course; (b) land that is subject to flooding or is, in the opinion of the subdivision authority, unstable; or (c) a strip of land, not less than 6 metres (20 feet) in width, abutting the bed and shore of any body of water. 3.4 The owner of a parcel of land that is subject of a proposed subdivision must provide, without compensation, to the County land for conservation reserve (CR) as required by the subdivision authority if: (a) in the opinion of the subdivision authority, the land has environmentally significant features; (b) the land is not land that would be required as ER; (c) the purpose of taking the conservation reserve is to enable the municipality to protect and conserve the land; and (d) the taking of the land as CR is consistent with the County’s municipal development plan and relevant area structure plan. 3.5 Where possible when requiring ER or CR land, the subdivision authority shall consider new dedication for the purposes of creating an interconnected system of open spaces with other existing reserves. POL-010-23 RESERVE LAND Page 3 of 6 Use & Management 3.6 ER shall only be acquired by the County for one or more of the following purposes: (a) to preserve the natural features of land referred to in section 3.3, or, in the opinion of the subdivision authority, those features that should be preserved; (b) to prevent pollution of the land or of the bed and shore of an adjacent body of water; (c) to ensure public access to and beside the bed and shore of a body of water lying on or adjacent to the land; (d) to prevent development of the land where, in the opinion of the subdivision authority, the natural features of the land would present a significant risk of personal injury or property damage occurring during development or use of the land. 3.7 CR is to be taken for the purpose of enabling the County to protect and conserve land that falls outside of the definition for ER (section 3.3). The taking of CR shall also be consistent with the County’s municipal development plan and relevant area structure plan. 3.8 ER and CR must be left in its natural state or be used as a public park. 3.9 The development of public trails and pathways may be permitted on ER or CR lands at the County’s discretion. 4. MUNICIPAL RESERVES (MR): Acquisition 4.1 The owner of a parcel of land that is the subject of a proposed subdivision must provide, without compensation, to the County land for municipal reserve (MR) or money-in-place of MR as required by the subdivision authority. 4.2 The aggregate amount of land that shall be required for MR is 10% of the parcel of land less all land required as ER and CR. 4.3 The total amount of money required as money-in-place of MR shall not exceed 10% of the appraised market value or the value as determined in section 4.9. 4.4 The subdivision authority should not accept land that is considered unsuitable, which can be land with any of the following characteristics: (a) hazardous or flood prone land; (b) steep or unstable slopes; (c) land conveyed for ER or CR; (d) land having unsuitable or unstable soil for the intended use; (e) any land containing a utility right-of-way, an easement, or an encumbrance that limits or restricts the use of the land as MR. Land Required 4.5 MR land may be required in multi-lot residential subdivisions or within the County’s Hamlets when, in the opinion of the subdivision authority, it is deemed necessary for the purposes of section 4.11. POL-010-23 RESERVE LAND Page 4 of 6 4.6 In mixed-use subdivisions, the subdivision authority may require that linear corridors of land be dedicated to act as a buffer between differing land uses. Money required 4.7 The subdivision authority should require MR as money-in-place of land in any of the following situations: (a) within the Intermunicipal Development Plan (IDP) areas with the City of Brooks, the Town of Bassano, the Village of Duchess, and the Village of Rosemary; (b) in areas that the subdivision authority deems are already well served by MR land; (c) for single-lot subdivisions that qualify for MR; (d) when there are no existing or proposed residential dwellings within close proximity; (e) where there is no usable or functional land available; or (f) where the conveyance of land would make the subdivision unfeasible. Value of Municipal Reserve Land 4.8 When money-in-place of MR is required for a proposed subdivision with a parent parcel less than 16.0 hectares (39.5 acres) in size, and/or zoned for a land use other then Agriculture, General District (A-GEN) at the time of application, the applicant must provide, at their own expense, an independent market value appraisal of the existing parcel of land in accordance with Section 667(1) of the Act. The market value shall be based on the proposed use and the existing servicing of the land in question. 4.9 When money-in-place of MR is required for a proposed subdivision with a parent parcel greater than 16.0 hectares (39.5 acres) in size and zoned Agriculture, General District (A- GEN) at the time of application, the value of the land that is the subject of the proposed subdivision shall be determined using the following: (a) $34,500 per hectare ($14,000/acre) within the IDP area with the City of Brooks; (b) $29,500 per hectare ($12,000/acre) within the IDP area with the Town of Bassano; (c) $27,000 per hectare ($11,000/acre) within the IDP area with the Village of Duchess; (d) $26,000 per hectare ($10,500/acre) within the IDP area with the Village of Rosemary; (e) $26,000 per hectare ($10,500/acre) for irrigated land (including irrigated pasture) that is not within an IDP area; a. If the parent parcel subject to the subdivision is currently irrigated, in whole or stnd in part, by water supplied by the Eastern Irrigation District through 1 or 2 water rights, the lands shall be considered to be irrigated land for the purposes of calculating money-in-place of MR. (f) $9,200 per hectare ($3,750/acre) for dry cultivated farmland (including dry improved pasture) and hayland that is not within an IDP area; (g) $3,700 per hectare ($1,500/acre) for dry native grassland that is not within an IDP area. POL-010-23 RESERVE LAND Page 5 of 6 4.10 If an applicant disagrees with the above values for the calculation of money-in-place of MR, they may acquire, at their own expense, a market value assessment made by an independent appraisal firm agreed upon and approved by the subdivision authority. Use & Management 4.11 MR land shall be used only for any or all of the following purposes: (a) a public park; (b) a public recreation area; (c) school board purposes; (d) to separate areas of land that are used for different purposes. 4.12 The subdivision authority, at its own discretion, may require that the applicant for a multi- lot residential subdivision install adequate recreational facilities on MR land if there is sufficient interest and demand from the local community. 4.13 The development of public trails and pathways may be permitted on MR lands at the County’s discretion. 4.14 For MR land that has been acquired in multi-lot residential subdivisions in accordance with this policy, the County may consider using the MR land to serve one or more of the following purposes: (a) responding to the demand for recreational activities in a given area while benefiting current and future residents; (b) providing land that is suitable and attractive for the development of adequate recreational facilities when needed; (c) creating open spaces that connect areas that would otherwise be separated from each other; (d) achieving ecological connections for vegetation continuity or wildlife corridors. 4.15 For MR land that has been acquired in accordance with this policy that is located on or near a lakeshore or along a river, the County may consider using the MR land to serve one or more of the following purposes: (a) providing access to water; (b) providing land that is suitable and attractive for the development of adequate recreational facilities when needed; (c) creating open spaces that connect areas that would otherwise be separated from each other; (d) achieving ecological connections for vegetation continuity or wildlife corridors. 4.16 In MR locations that are in their natural state without developed recreational facilities, the removal of vegetation or other natural features shall not be permitted. However, vegetation removal may be considered if a public safety hazard is identified by the County. Mowing will occur to reduce fire hazards. The County shall be responsible for the removal of vegetation and mowing unless otherwise stated in an area structure plan. 4.17 Winter storage of boat docks and boat lifts may be permitted on MR lands. POL-010-23 RESERVE LAND Page 6 of 6 5. ENCROACHMENTS ONTO RESERVES: Encroachments on ER & CR 5.1 The County may ask landowners to remove private facilities and materials from ER and CR lands. If the landowner fails to comply within 30 days of the notice, the County may take necessary action and charge the landowner for its cost of removal. 5.2 If the removal of a structure from ER land would cause an unacceptable level of environmental damage, as determined by the County, the County may enter into an agreement that would allow the structure to remain on ER lands. The agreement would be set for a specific time period with stipulations about the permitted use of the structure. 5.3 Existing infrastructure such as trails, pathways, and stairs shall be permitted to remain on ER and CR lands through the signing of an agreement with the County. Signees to an agreement will be required to: (a) maintain access facilities in a safe and environmentally responsible manner; (b) provide liability insurance; and (c) ensure that stairs meet building code safety requirements or are certified by a professional engineer. 5.4 The County may, in accordance with Section 676 of the Act, change the boundaries of ER in order to rectify an encroachment problem. Encroachments on MR 5.5 The County may ask landowners to remove unauthorized structures from MR lands. If the landowner fails to comply within 30 days of the notice, the County may take necessary action and charge the landowner for its cost of removal. 5.6 In special circumstances, as determined by the County, the County may consider allowing a structure to remain on MR land through the signing of an agreement. This agreement would be set for a specific time period with stipulations about the permitted use of the structure. 6. DISPOSAL OF RESERVES: 6.1 The disposal of reserves shall be conducted in accordance with the County’s policy regarding the sale, leasing, and permitting of Municipal Land. 7. IMPLEMENTATION & REVIEW PROCESS: 7.1 The County will periodically conduct a base line inventory of all reserve lands that are under its ownership and management, and identify their condition and the management requirements for each. 7.2 A review of the money-in-place of MR land values (section 4.9) will be undertaken by the County’s Senior Assessor every 4 years, or as directed by Council.