HomeMy WebLinkAbout1656-09 IMDP (County of Newell & Brooks) (amended September 2011)
COUNTYOFNEWELL&CITYOFBROOKS
March2009
Consolidated
March2013
CountyofNewell
BylawNo.165609
AmendingBylawNo.173011
AmendingBylawNo.176213
CityofBrooks
BylawNo.09/04
AmendingBylawNo.11/08
AmendingBylawNo.13/02
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exceptbywrittenpermissionoftheOldmanRiverRegionalServicesCommission.Thisdocumenthasbeenpreparedforthesoleuseofthe
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changes;
County of Newell BylawCity of Brooks Bylaw No. 09/04, March 2009
and City of Brooks Intermunicipal Development Plan
from the CFO Exclusionary Area
Amendment DescriptionAmendment Description
names of land use districts have area structure plan requirements have been moved from Schedule 5 to Schedule 3;subdivision policies have been incorporated into individual land use districts
and Schedule 6 has been removed;update Map 4 Transportation.names of land use districts have changes;area structure plan requirements have been moved from Schedule 5 to Schedule 3;subdivision
policies have been incorporated into individual land use districts and Schedule 6 has been removed;update Map 4 Transportation.
Lands removedas shown on Map 3Various text amendments including:Amendments to:Lands removed from the CFO Exclusionary Area as shown on Map 3Various text amendments including:
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Bylaw No.Bylaw No.
County of Newell No. 4Record of Amendments to:Record of
TABLEOFCONTENTS
Page
PARTA:INTRODUCTION.........................................................................................1
1.0Purpose...................................................................................................1
2.0LegislativeRequirements........................................................................2
3.0PlanPreparationProcess........................................................................3
4.0FormerIntermunicipalDevelopmentPlan.............................................4
5.0GoalsandObjectives...............................................................................4
6.0PlanArea.................................................................................................6
PARTB:INTERMUNICIPALLANDUSEPOLICIES.......................................................8
1.0General....................................................................................................8
2.0BrooksUrbanFringe...............................................................................9
3.0PotentialServicedNonResidentialDevelopment..................................10
4.0PotentialServicedUrbanResidentialDevelopment...............................11
5.0PotentialUnservicedRuralNonResidentialDevelopment....................13
6.0AcreageDevelopment.............................................................................14
PARTC:OTHERINTERMUNICIPALPOLICIES............................................................16
1.0IntermunicipalEntrancewaysandHighwayCorridors...........................16
2.0KeyTransportationRoutes.....................................................................16
3.0AnnexationandUrbanExpansionNeeds...............................................17
4.0IntermunicipalAgreementsandServices...............................................18
PARTD:PLANADMINISTRATION&IMPLEMENTATION..........................................20
1.0IntermunicipalDevelopmentPlanCommittee.......................................20
2.0Referrals..................................................................................................21
3.0DisputeSettlement.................................................................................23
4.0PlanValidityandAmendment................................................................24
APPENDIX:DEFINITIONS
MAPS:
Map1 IntermunicipalDevelopmentPlanArea...............................following 7
Map2 FutureLandUseGuide.........................................................following 7
Map3 CFOExclusionaryArea..........................................................following 8
Map4 Transportation......................................................................following 17
INTRODUCTION
County of Newell & City of Brooks
INTERMUNICIPAL DEVELOPMENT PLAN
PART A: INTRODUCTION
The County of Newell, located in the short grass region of Alberta on the TransCanada Highway
1 halfway between the cities of Medicine Hat and Calgary, and City of Brooks, the largest urban
community in the County of Newell, have experienced a significant amount of growth over the
past several years. As both municipalities are closely related in terms of economic and social
connections, it seems logical for them to coordinate land use as well. An Intermunicipal
Development Plan recognizes that the fringe area of an urban municipality is subject to different
problems and opportunities than that of a strictly urban or rural setting.
It has become increasingly clear that municipalities cannot make fringe area land use decisions
in isolation. Therefore, municipalities are encouraged to undertake the preparation of an
Intermunicipal Development Plan in order to help avoid future land use conflicts. By
implementing a plan that contains both dispute mechanisms and guidelines for future uses,
urban and rural municipalities can reach an agreement on fringe area issues and avoid a
confrontational atmosphere, which has occurred in other jurisdictions.
1.0 Purpose
The intent of this Intermunicipal Development Plan, in accordance with the Municipal
Government Act, Revised Statutes of Alberta 2000, Chapter M-26 with amendments (MGA), is to
prescribe policy for future land use and development, and any other matter relating to the
physical, social or economic development of the area that the councils of the City and County
consider necessary. As well, it plans for orderly and properly controlled development
surrounding the City of Brooks which allows for timely urban expansion with minimal land use
conflicts.
This document outlines policies that apply to lands both in the urban fringe and within the City
and are to be used as a framework for decision making in each municipality with input and
cooperation of the other jurisdiction. Each municipality is responsible for decisions within their
boundaries using the plan policies and the procedures provided in the plan.
County of Newell & City of Brooks Intermunicipal Development Plan Page 1
2.0 Legislative Requirements
In order to foster cooperation and mitigate conflict between municipalities, the Municipal
Government Act, Revised Statutes of Alberta 2000, Chapter M-26 with amendments (MGA) has
included two mechanisms within the planning legislation which allows a municipality to:
1. include policies regarding coordination of land use, future growth patterns and other
infrastructure with adjacent municipalities in their municipal development plans
\[section 632(3)(iii)\] if no intermunicipal development plan exists with respect to those
matters;
2. complete and adopt an intermunicipal development plan with adjacent municipalities
to address the above matters.
Specifically, the MGA states:
631(1) Two or more councils, may, by each passing a bylaw in accordance with this Part or in
accordance with sections 12 and 692, adopt an intermunicipal development plan to
include those areas of land lying within the boundaries of the municipalities, as they
consider necessary.
(2) An intermunicipal development plan
(a)may provide for
(i)the future land use within the area,
(ii)the manner of and the proposals for future development in the area, and
(iii)any other matter relating 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.
In addition to the MGA, Provincial Land Use Policies are in place to assist municipalities in
harmonizing provincial and municipal policy initiatives at the local level. Every municipality in
the province is expected to incorporate these policies into its planning decisions, practices and
statutory documents as a requirement of the MGA, section 622(3):
622(3) Every statutory plan, land use bylaw and action undertaken pursuant to this Part by a
municipality, municipal planning commission, subdivision authority, development
authority or subdivision and development appeal board or the Municipal Government
Board must be consistent with the land use policies.
The Provincial Land Use Policies are divided into sections that relate to different municipal
ƦƌğƓƓźƓŭ ƩĻƭƦƚƓƭźĬźƌźƷźĻƭ͵ {ĻĭƷźƚƓ Ќ ĭƚƓƷğźƓƭ ƦƚƌźĭźĻƭ ƷŷğƷ ƩĻƌğƷĻ Ʒƚ ğ ƒǒƓźĭźƦğƌźƷǤƭ ŭĻƓĻƩğƌ
County of Newell & City of Brooks Intermunicipal Development Plan Page 2
approach to planning and its interaction with its residents, neighbouring municipalities,
provincial and federal agencies and other jurisdictions:
3.0 Planning Cooperation
Goal
To foster cooperation and coordination between neighbouring municipalities and between
municipalities and provincial departments and other jurisdictions in addressing planning issues
and in implementing plans and strategies.
Policies
3.1 Municipalities are encouraged to expand intermunicipal planning efforts to address
common planning issues, especially where valued natural features are of interest to
more than one municipality and where the possible effect of development
transcends municipal boundaries.
3.2 In particular, adjoining municipalities are encouraged to cooperate in the planning
of future land uses in the vicinity of their adjoining municipal boundaries (fringe
areas) respecting the interests of both municipalities and in a manner which does
not inhibit or preclude appropriate long term use nor unduly interfere with the
continuation of existing issues. Adjoining municipalities are encouraged to jointly
prepare and adopt intermunicipal development plans for critical fringe areas; these
plans may involve lands which are in both of the adjoining municipalities.
The above excerpts from the Provincial Land Use Policies are relevant to intermunicipal
cooperation as they support a cooperative approach to land use planning between neighbouring
municipalities. As of June, 2008 a draft of a new Provincial Land Use Framework has been
released which may have a bearing on future intermunicipal cooperation and the final plan
proposed for the municipalities.
3.0 Plan Preparation Process
The Joint Shared Services Committee, with members from both municipalities, has engaged the
Oldman River Regional Services Commission to prepare a new Intermunicipal Development Plan
(IMDP). As an initial step in the larger process, a Background Report was prepared which served
as a foundation from which both municipalities reviewed the existing conditions and
determined if the goals, objectives, and implementation of the 2004 Intermunicipal
Development Plan were still relevant under existing circumstances. The Background Report
provided an analysis of the existing circumstances, attempted to identify issues and
opportunities that have emerged from the analysis of the preliminary information, and acted as
an agenda for discussions by the Joint Shared Services Committee.
Public participation is an important feature in the plan process. As an initial step in the public
process, a questionnaire was distributed to owners of land in the County within the 2004 IDP
boundary and owners of land within the City who are adjacent to the City/County boundary.
Once a draft plan was completed, Committee members discussed the outstanding matters with
their own respective councils looking for guidance and agreement.
County of Newell & City of Brooks Intermunicipal Development Plan Page 3
The initial draft was revised by planning staff and resubmitted to the Committee for its review,
which resulted in a refined document being prepared, complete with maps and revised text for
ƷŷĻ /ƚƒƒźƷƷĻĻƭ ŅźƓğƌ ğƦƦƩƚǝğƌ͵ An open house was scheduled in advance of the mandatory
public hearing required by the Municipal Government Act. At the discretion of both councils,
the document was then adopted by individual bylaws.
4.0 Former Intermunicipal Development Plan
The City of Brooks (City) and the County of Newell (County) Councils adopted the Town of
Brooks/County of Newell Intermunicipal Development Plan (IDP) on October 4, 2004, Bylaw No.
04/19 and Bylaw No. 1480-04, respectively. A Joint Planning Committee, consisting of
representatives from both the County of Newell and the City of Brooks, was created as an
administrative body for the plan.
The document sets out two general guiding principles. Firstly, the focus of the ͻtƌğƓ źƭ ƚƓ
reciprocity, communications, understanding and long-term co-ƚƦĻƩğƷźƚƓ͵ͼ Secondly, the
purpose ͻźƭ Ʒƚ ĻƓƭǒƩĻ ƷŷğƷ ƷŷĻ ŅǒƷǒƩĻ ķĻǝĻƌƚƦƒĻƓƷ źƓ ƷŷĻ tƌğƓ !ƩĻğ źƭ ƦƌğƓƓĻķ źƓ ƚƩķĻƩ Ʒƚ
minimize potential land use conflicts and to ensure the economical and efficient development of
ƌğƓķ͵ͼ
The IDP identified an administrative process for the amendment of the plan, a dispute
resolution mechanism, and the ability to repeal the plan. Beyond the case-by-case review of
proposed plans or development within the boundaries of the IDP, the Committee was to do a
thorough review of the plan every three years to ensure its relevance to current trends (policy
1.3.7).
The IDP outlines general land use policies for residential, commercial, industrial, transportation,
confined feeding operations, municipal infrastructure, and agricultural uses. Both municipalities
recognized that there may be a need in the future to identify lands within the County that would
need to be annexed into the City in order to accommodate future growth.
In general the policies of the 2004 Intermunicipal Development Plan were valid and reflective of
the situation during the time period for which it was written. However, the current IDP lacks
many fundamental components of a modern IMDP, and without criteria of achievable goals and
objectives, the current policies lack the necessary parameters for proper review and decision
making. The County and the City have enviably ended up making subdivision and development
decisions in isolation, which compromised the intent of the existing IDP.
5.0 Goals and Objectives
Without establishing achievable goals and objectives, the policies of the Intermunicipal
Development Plan lack the necessary parameters for proper review and decision making.
County of Newell & City of Brooks Intermunicipal Development Plan Page 4
5.1 Goals
It is the intent of the councils of the City of Brooks and County of Newell that the objectives and
policies of this plan be governed by the goals stated below:
To address requirements of the Municipal Government Act with respect to
intermunicipal conflict resolution procedures, plan administration, and plan amendment
or repeal procedures.
To provide a clear policy framework to guide future land use decisions within the plan
boundaries.
To establish an Intermunicipal transition area within which planning and development
decisions are coordinated to ensure land use compatibility.
To protect prime agricultural lands from redesignation, subdivision and development.
To establish principles whereby both municipalities may consistently apply planning
policies and land use bylaws within their respective jurisdictions.
ŷĻƓ ƦƩğĭƷźĭğƌͲ Ʒƚ ŷğƩƒƚƓźǩĻ ĬƚƷŷ ƒǒƓźĭźƦğƌźƷźĻƭ ķĻǝĻƌƚƦƒĻƓƷ ğƓķ ƭǒĬķźǝźƭźƚƓ
standards and requirements and to protect future servicing and transportation
corridors.
To provide for a continuous and transparent planning process that facilitates ongoing
consultation and cooperation among the two municipalities and affected ratepayers.
5.2 Objectives
The following objectives shall be used as a framework for the policies of this plan and its
implementation:
To create a plan that adds value to the planning and development process in the County
of Newell and the City of Brooks, whereas the plan must not duplicate or infringe on
area municipal planning efforts and must have a distinct, complementary and
productive role.
To identify the growth strategies of the City of Brooks and ensure that these growth
strategies are compatible with the development and land use policies of the County of
Newell.
To discourage the wide-spread fragmentation of agricultural land and to prevent the
premature conversion of agricultural lands within the Brooks Urban Fringe to non-
agricultural uses.
To clarify the type and level of servicing required in the urban fringe for each type of
development and to create a mutually agreeable harmonized schedule of development
standards to be applied within the IMDP boundary.
To identify the need for consideration of intermunicipal agreements which negotiate the
terms and context of revenue/tax sharing, levies, and municipal reserve transfers.
To direct country residential and other non-agricultural development to locations which
are least disruptive to the agricultural community and to promote orderly urban
County of Newell & City of Brooks Intermunicipal Development Plan Page 5
expansion and ensure development is serviced to standards appropriate to the location
and type of development.
To ensure that highway corridors and entranceways present a positive and welcoming
image for the City and the County while maintaining a safe and efficient road network.
To provide mechanisms to implement, review and amend the various policies of the
plan.
6.0 Plan Area
Both municipalities agree that the area affected by this plan includes all lands required to ensure
the cooperation and coordination of land uses around the City of Brooks. The boundary
identified in this plan realistically and closely reflects the current and future needs of both the
County and City.
The IMDP plan boundary encompasses approximately 16302 acres of land adjacent to the City of
Brooks as illustrated in Map 1 and contains the following:
Those lands to the northeast of Highway 1;
Those lands north and west of the City that are fragmented by residential and non-
residential uses;
Those lands lying south of the City.
From the perspective of both municipalities, maintaining the integrity of the Intermunicipal Plan
Area is critical to the preservation of their long-term interests. This plan is based upon a shared
vision of a future growth framework and reflects a mutual agreement on areas of growth for
each municipality.
The main purpose of the IMDP boundary is to act as a referral mechanism to ensure dialogue
between the two municipalities regarding development within the fringe. It should be noted
that some of the lands contained within the plan boundary are already zoned, subdivided or
developed for non-agricultural uses. It is understood that existing uses within the plan
boundary are permitted and will continue operations.
However, the expansion or intensification of existing uses shall be required to meet the policies
of this IMDP and the applicable land use bylaw. Those lands that have been previously
redesignated or subdivided or both need to be reviewed in the context of this plan and
amendments may be required to ensure that future development will comply with the mutually
agreed upon growth pattern.
A second boundary has been established, IMDP Focused Development Boundary, which has
identified areas for limited conversion to non-agricultural uses that have the potential to
compleƒĻƓƷ ƷŷĻ ğƩĻğƭ ĻĭƚƓomy, promote urban expansion and growth, and minimize conflict
with traditional agricultural operations (see Map 2 Future Land Use Guide Map).
County of Newell & City of Brooks Intermunicipal Development Plan Page 6
The non-agricultural uses are identified by the following categories:
1. Brooks Urban Fringe refers to lands which are currently in found within the IMDP
Boundary that are currently in agricultural production or limited non-agricultural uses.
It is expected that the predominant future land use will remain agricultural production.
2. Potential Serviced Non-Residential Development refers to lands which are
intended to be developed for industrial and commercial purposes at urban standards.
3. Potential Serviced Urban Residential Development refers to lands which are
intended to be developed for residential purposes at urban standards.
4. Potential Unserviced Rural Non-Residential Developmen t refers to lands which
are intended to be developed for rural industrial and commercial purposes.
In addition, the IMDP contains policies that recognize additional interest areas of mutual
concern that may extend outside of the plan boundary, namely highway corridors, the regional
water project, and existing confined feeding operations.
County of Newell & City of Brooks Intermunicipal Development Plan Page 7
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INTERMUNICIPAL
LANDUSEPOLICIES
PART B: INTERMUNICIPAL LAND USE POLICIES
This document outlines policies that apply to lands in the intermunicipal plan boundary and are
to be used as a framework for decision making in each municipality with input and cooperation
of the other jurisdiction. Each municipality is responsible for decisions within their boundaries
using the plan policies and the procedures provided in the plan.
This section of policy is intended to provide guidance to decision makers when considering land
use approvals within the intermunicipal plan boundary. Approvals shall only be given to uses
that are complementary to uses located in the adjacent jurisdiction. Other sections of this plan
may also apply, for example, the requirements for referrals.
1.0 General
Policies
1.1 For the purpose of managing land use in the intermunicipal plan boundary, the area is
divided into the following areas as shown on the Future Land Use Guide Map, Map 2:
(a) Brooks Urban Fringe (BUF),
(b) Potential Serviced Non-Residential Development (SNR),
(c) Potential Serviced Urban Residential Development (SUR),
(d) Potential Unserviced Rural Non-Residential Development (URNR).
1.2 Parcels within the IMDP boundary that are currently zoned Agricultural (A) shall be
redesignated as Fringe (FR) in the County of Newell Land Use Bylaw. Extensive
agriculture will be the primary land use of the lands, until these lands are redesignated
in a land use bylaw in accordance with this plan. Land uses will be allowed in
accordance with the Fringe District Α Brooks Overlay contained within the County of
Newell Land Use Bylaw.
1.3 The lands shown as potential serviced non-residential development, potential serviced
urban residential development, and potential unserviced rural non-residential
development on the Land Use Guide Map shall be designated from Agricultural (A) to
Fringe (FR) in the County of Newell Land Use Bylaw. Prior to developing these lands, the
first step will be to commence a redesignation process.
1.4 Parcels within the IMDP boundary that are currently zoned to districts other than
Agricultural (A) or Fringe (FR) may continue under those districts identified in the County
of Newell Land Use Bylaw. New applications for subdivision and development on these
lands shall be subject to any policies of this IMDP.
1.5 It is a recommendation of this document that the County of Newell Municipal
Development Plan be updated to reflect the CFO Exclusionary Area as defined by Map 3.
County of Newell & City of Brooks Intermunicipal Development Plan Page 8
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2.0 Brooks Urban Fringe
Intent
The intent of the Brooks Urban Fringe area is to acknowledge that lands within the
intermunicipal plan boundary are influenced by the proximity to the City of Brooks. The area is
the focus of pressures for conversion of traditional agricultural lands to non-agricultural uses
such as grouped residential or industrial uses.
This document has the objective to discourage the wide-spread fragmentation of agricultural
land and to prevent the premature conversion of agricultural lands within the Brooks Urban
Fringe to non-agricultural uses. Therefore, landowners cannot assume that all applications for
land use, subdivision or development will be approved. It is also recognized that much of the
plan area is composed of good quality agricultural land of which the best and highest use will
continue to be agriculture within the time horizon of this plan.
Policies
2.1 In accordance with the Provincial Land Use Policy 6.1.2, both municipalities shall limit
the fragmentation of good quality agricultural lands as defined in the applicable land use
bylaw until it is required for urban-style development.
2.2 All future land use, subdivision and development in the IMDP plan boundary shall
comply with the policies of this plan and Map 2. The County of Newell Municipal
Development Plan should be consulted for additional policies that would apply to this
area.
2.3 Both councils recognize and acknowledge the main use of land found within the County
portion of the Intermunicipal Development Plan area and much of the vacant land near
the CźƷǤƭ ĬƚǒƓķğƩǤ źƭ ĻǣƷĻƓƭźǝĻ ğŭƩźĭǒƌƷǒƩĻ ΛĭǒƌƷźǝğƷźƚƓ ğƓķ ŭƩğǩźƓŭΜ͵ ŷĻƭĻ ğĭƷźǝźƷźĻƭ
and other agricultural activities are protected under the Agricultural Operation Practices
Act.
2.4 Both municipalities shall limit the fragmentation of agricultural lands and their
premature conversion to other uses by resisting pressure to redesignate agricultural
lands to other uses unless applications comply with the policies of this plan.
2.5 No new confined feeding operations will be allowed to locate nor will expansions of
animal numbers in existing confined feeding operations be allowed to occur within the
Intermunicipal Development Plan boundary.
2.6 New applications for subdivision and development on parcels within the IMDP boundary
designated as Fringe (FR) in the County of Newell Land Use Bylaw shall be subject to any
policies of this IMDP.
County of Newell & City of Brooks Intermunicipal Development Plan Page 9
2.7 Existing land uses with valid development permits that exist as of the date of approval
of this plan may continue to operate in accordance with the provisions of the Land Use
Bylaw and the Municipal Government Act.
2.8 All subdivisions shall comply with the County of Newell subdivision criteria found in
Schedule 2, Fringe Α FR, County of Newell Land Use Bylaw 1755-12 for:
agricultural uses,
existing and fragmented parcels,
single lot developed country residential (farmstead), and
single lot vacant country residential.
2.9 All applications for redesignation shall be accompanied by an area structure plan or
concept plan containing the information requirements as prescribed in Schedule 3,
County of Newell Land Use Bylaw 1755-12.
2.10 Home occupations 2 shall be a discretionary use within the Fringe District and that
policy shall be reflected in the County of Newell Land Use Bylaw Schedule 2.
3.0 Potential Serviced Non-Residential Development
Intent
The intent of the Potential Serviced Non-Residential Development area is to acknowledge that:
pressures for non-agricultural uses such as industrial and commercial are occurring
within the plan boundary, and
the development of such uses, depending on the proposed use, may require communal
water and sewer services at an urban standard rather than a rural standard.
This document has the objective to discourage the development of grouped industrial or
commercial uses in areas that cannot be easily serviced by municipal infrastructure and to
minimize and limit the fragmented development of these types of uses that has already
occurred. Therefore, landowners shall be required to either include proposals for communal
services with their applications or provide detailed plans for future connections Ʒƚ ƷŷĻ /źƷǤƭ
infrastructure.
Policies
3.1 The area identified as Potential Serviced Non-Residential Development on the Future
Land Use Guide Map (Map 2) currently designated as Agricultural (A) shall be
redesignated to Fringe (FR) źƓ ƷŷĻ /ƚǒƓƷǤƭ \[ğƓķ
ƭĻ .ǤƌğǞ.
County of Newell & City of Brooks Intermunicipal Development Plan Page 10
3.2NewapplicationsfordevelopmentonlandswithinthePotentialServicedNon
ResidentialDevelopmentareacurrentlydesignatedRuralBusiness(RB)orRural
Industrial(RI)shallbesubjecttoanypoliciesofthisIMDPregardingservicingstandards,
access,landscapingandanyotherdevelopmentstandardsfoundwithintheIMDP.
3.3AllapplicationsforsubdivisionanddevelopmentforthepurposeofPotentialServiced
NonResidentialDevelopmentwithintheIMDPareashallbedirectedtothoseareas
identifiedontheFutureLandUseGuideMap(Map2)andshallcomplywiththepolicies
ofthisIMDP.
3.4BothcouncilsrecognizeandacknowledgetheareasidentifiedforPotentialServiced
NonResidentialDevelopmentislimited.Thepotentialforfutureservicingofthese
areashasbeenestablishedbyusinginformationfromthe CountyofNewellNo.4
ProposedDevelopmentAreasaroundBrooksΑWastewaterCollectionSystemsStudy
(2008)and TheTownofBrooksGrowthStudy(2003).
3.5Allapplicationsforredesignationorsubdivisionshallincludeadetailedareastructure
planorconceptualschemeplancontainingtheinformationrequirementsasprescribed
inSchedule3,CountyofNewellLandUseBylaw175512,priortoconsiderationofa
landusebylawamendmentorsubdivisionapplication.Inadditiontotherequirements
ofSchedule3,theCountyshallensurethatjointaccessisprovidedwherepossibleand
sregardingproposed/futurewaterandsewerservicingaresubmitted
detailedplan
whichshallmeettherequirementsofthisplan.Whereapplicable,thedetailedplansfor
proposedorfuturewaterandsewerservicingshouldfollowthecurrentCityofBrooks
engineeringstandards.
3.6AllsubdivisionapplicationsshallcomplywiththesubdivisioncriteriafoundinSchedule
2,RuralBusiness(RB)orRuralIndustrial(RI),CountyofNewellLandUseBylaw175512
forruralindustrial/commercialuses.
3.7Withintheplanboundary,noapprovalsshallbegiventonewnoxiousindustries.
4.0PotentialServicedUrbanResidentialDevelopment
LƓƷĻƓƷ
TheintentofthePotentialServicedUrbanResidentialDevelopmentareaistoacknowledgethat:
pressuresforgroupedresidentialusessuchasacreagedevelopment,estatelot
developmentandmanufacturedhomecommunitiesareoccurringwithintheplan
boundary;and
thedevelopmentofsuchuses,dependingontheproposeduse,mayrequirecommunal
waterandsewerservicesatanurbanstandardratherthanaruralstandard.
CountyofNewell&CityofBrooksIntermunicipalDevelopmentPlanPage11
This document has the objectives to: firstly,discourage the development of grouped residential
uses in areas that cannot be easily serviced by municipal infrastructure; and secondly, to
minimize and limit the fragmented development of these types of uses that has already
occurred. Therefore, landowners shall be required to either include proposals for communal
services with their applications or provide details plans for future connections Ʒƚ ƷŷĻ /źƷǤƭ
infrastructure.
Policies
4.1 The area identified as Potential Serviced Urban Residential Development on the Future
Land Use Guide Map (Map 2) currently designated as Agricultural (A) shall be
redesignated to Fringe (FR) źƓ ƷŷĻ /ƚǒƓƷǤƭ \[ğƓķ
ƭĻ .ǤƌğǞ.
4.2 New applications for development on lands within the Potential Serviced Urban
Residential Development area currently designated Acreage Residential (AR) shall be
subject to any policies of this IMDP regarding servicing standards, access, landscaping
and any other development standards found within the IMDP or existing adopted area
structure plans.
4.3 All applications for subdivision and development for the purpose of Potential Serviced
Urban Residential Development within the IMDP boundary shall be directed to those
areas identified on the Future Land Use Guide Map (Map 2) and shall comply with the
policies of this IMDP.
4.4 Only the lands shown as Potential Serviced Urban Residential Development on the
Future Land Use Guide Map (Map 2) may be considered for multi-lot development
greater than four (4) lots.
4.5 Both councils recognize and acknowledge the areas identified for Potential Serviced
Urban Residential Development is limited. The potential for future servicing of these
areas has been established by using information from the County of Newell No. 4
Proposed Development Areas around Brooks Α Wastewater Collection Systems Study
(2008) and The Town of Brooks Growth Study (2003).
4.6 All applications for redesignation or subdivision shall include a detailed area structure
plan or conceptual scheme plan containing the information requirements as prescribed
in Schedule 3, County of Newell Land Use Bylaw 1755-12, prior to consideration of a
land use bylaw amendment or subdivision application. In addition to the requirements
of Schedule 3, the County shall require the applicant to submit the following additional
information:
potential connection to urban services, utilizing the current City of Brooks
engineering standards;
storm water management plan prepared by a certified APPEGA engineer;
the proposed alignment of internal roads and where applicable the coordination
of access management with Alberta Transportation and the County of Newell;
County of Newell & City of Brooks Intermunicipal Development Plan Page 12
the dedication of municipal reserve in development of a comprehensive open
spaces plan or where appropriate the payment or deferral of municipal reserve;
landscaping and buffering plan to mitigate the impact of adjacent land uses or
of transportation systems.
4.7 All subdivision applications shall comply with the subdivision criteria found in Schedule
2, Grouped Rural Residential (GRR), County of Newell Land Use Bylaw 1755-12 for
residential uses.
5.0 Potential Unserviced Rural Non-Residential Development
Intent
The intent of the Potential Unserviced Rural Non-Residential Development area is to
acknowledge that:
pressures for unserviced non-agricultural uses are occurring within the plan boundary;
and
the development of such uses, depending on the proposed use, may not require
communal water and sewer services at an urban standard.
This document has the objective to direct the development of grouped industrial or limited
commercial uses in areas that cannot be easily serviced by municipal infrastructure but have
other qualities, such as access to transportation routes and existing adjacent uses, which would
be compatible with this type and scope of development.
Policies
5.1 The area identified as Potential Unserviced Rural Non-Residential Development on the
Future Land Use Guide Map (Map 2) if currently designated as Agricultural (A) shall be
redesignated to Fringe (FR) źƓ ƷŷĻ /ƚǒƓƷǤƭ \[ğƓķ
ƭĻ .ǤƌğǞ.
5.2 New applications for development on lands within the Potential Serviced Non-
Residential Development area currently designated Rural Business (RB) or Rural
Industrial (RI) shall be subject to any policies of this IMDP regarding servicing standards,
access, landscaping and any other development standards found within the IMDP.
5.3 All applications for subdivision and development for the purpose of Potential
Unserviced Rural Non-Residential Development within the IMDP area shall be directed
to those areas identified on the Future Land Use Guide Map (Map 2) and shall comply
with the policies of this IMDP.
County of Newell & City of Brooks Intermunicipal Development Plan Page 13
5.4 Both councils recognize and acknowledge the areas identified for Potential Unserviced
Rural Non-Residential Development is limited. The potential for future development of
these areas has been established by considering the location of major transportation
routes (Highways 1 and 36 as well as the Joanne Trucking Road) as well as the location
of the area in relation to the Confined Feeding Operation (CFO) in the north which limits
development.
5.5 All applications for redesignation or subdivision shall include a detailed area structure
plan or conceptual scheme plan containing the information requirements as prescribed
in Schedule 3, County of Newell Land Use Bylaw 1755-12, prior to consideration of a
land use bylaw amendment or subdivision application. In addition to the requirements
of Schedule 3, the County shall ensure that joint access is provided where possible and
detailed plans regarding future water and sewer servicing are submitted which shall
meet the requirements of this plan.
5.6 All subdivisions shall comply with the subdivision criteria found in Schedule 2, Rural
Business (RB) and Rural Industrial (RI), County of Newell Land Use Bylaw 1755-12 for
rural industrial / commercial uses.
6.0 Acreage Development
Intent
Although it is acknowledged that the City of Brooks has adequate land for residential growth
within the life of this plan, land owners and developers have created pressures for rural country
residential within the plan boundary. tƩźƚƩ Ʒƚ ƷŷĻ !ƌĬĻƩƷğ DƚǝĻƩƓƒĻƓƷƭ ĻƌźƒźƓğƷźƚƓ ƚŅ ƷŷĻ
Planning Act in 1995, this would not have been possible.
Policies
6.1 New applications for development on lands within the Intermunicipal Development Plan
boundary which are currently designated Acreage Residential (AR) shall be subject to
any policies of this IMDP regarding servicing standards, access, landscaping and any
other development standards found within the IMDP or existing adopted area structure
plans.
6.2 Clustered multi-lot country residential development is the preferred pattern of
development, and applications for subdivision will be encouraged to concentrate
proposed lots to reduce parcel size and retain the balance of the parcel for agricultural
use.
6.3 A parcel or a lot that is used or proposed to be used for acreage development shall be
limited to existing titles if already subdivided, or to a maximum of four (4) lots grouped
together to preserve the integrity of agricultural lands and utilize on-site servicing.
County of Newell & City of Brooks Intermunicipal Development Plan Page 14
6.4 No further subdivision over the density of four (4) lots shall occur without the provision
of water and sewer services to urban standards or where levies have been established
to collect servicing monies for future installation.
6.5 There is a concern regarding long-term sustainability of private sewage systems that
have been installed in country residential areas. Therefore, both municipalities should
monitor the sustainability of these systems to ensure that the continued and/or
increased concentration of country residential development does not create a health
problem.
6.6 City servicing to proposed grouped or multi-lot country residential development in the
fringe area will not be encouraged without serious consideration being given to
annexation of the development.
6.7 The County of Newell shall require, as a condition of approval, that existing standards as
identified in Alberta Environment guidelines relating to private septic systems are met.
County of Newell & City of Brooks Intermunicipal Development Plan Page 15
OTHERINTERMUNICIPALPOLICIES
PART C: OTHER INTERMUNICIPAL POLICIES
1.0 Intermunicipal Entranceways and Highway Corridors
Intent
Provincial highways provide an opportunity from which the travelling public initially experiences
a community. Therefore approaches to urban centres, like the City of Brooks, are often
considered as advantageous locations for the development of commercial and industrial uses.
These types of uses leverage the proximity to the roadway not only as a means of access but
also a showcase for their goods.
In many situations, the lands adjacent to highway corridors and corresponding intersections are
often under the control of private land owners and many property owners have little regard for
the visual impact they create. It is therefore the role of both municipalities, the County and the
City, within this IMDP to create compatible standards for lighting, landscaping, signage,
screening and fencing.
Policies
1.1 The County shall ensure that each development and the corresponding area structure
plan or concept plan includes policies addressing standards for lighting, landscaping,
signage, screening and fencing along the edge of highway corridors.
1.2 Each municipality shall identify the important entranceways into the City of Brooks and
establish common standards for development adjacent to these points. Standards
should include but are not limited to landscaping, signage, screening and fencing.
Architectural elements should enhance the visual appeal of intermunicipal
entranceways.
1.3 Freestanding signage along entranceways is discouraged.
2.0 Key Transportation Routes
Intent
The City of Brooks is a community with many barriers to development. Key to integrating the
different development areas is a functional transportation plan which attempts to overcome the
challenges and define a holistic community. Some of the keys to solving transportation issues
within the CźƷǤƭ ĭƚƩƦƚƩğƷĻ ĬƚǒƓķğƩǤ ƌźĻ ƚǒƷƭźķĻ ƚŅ źƷƭ ƆǒƩźƭķźĭƷźƚƓ źƓ ƷŷĻ /ƚǒƓƷǤ ƚŅ bĻǞĻƌƌ͵ ŷźƭ
document seeks to identify those transportation routes key to Brooks and frame the criteria for
development of these routes.
County of Newell & City of Brooks Intermunicipal Development Plan Page 16
Policies
2.1The City and County will cooperate on the development and approvals of all future
Transportation Master Plans.
2.2 All subdivision proposals within the plan area shall secure all right-of-way requirements
for future road expansion. Particular attention should be given to major intersections
requirements.
2.3 Standards for a hierarchy of roadways should be identified and established between the
two jurisdictions. Access control regulations should also be established to ensure major
collectors and arterials are protected.
2.4 If required by Alberta Transportation or the municipality, at the time of subdivision or
development, the developer shall conduct traffic studies with respect to impact and
access onto Highways 1, 36, 542 and 873. Any upgrading identified by such studies shall
be implemented by the developer at its sole cost and to the satisfaction of the
municipality and Alberta Transportation.
2.5 The City and County agree to cooperate in identifying and preserving the right-of-way
corridor for the truck route as depicted on Map 4.
3.0 Annexation and Urban Expansion Needs
Intent
Although it is acknowledged through the Brooks Growth Study (2003) that the City has enough
land within its corporate boundary to accommodate future growth for the next 30-50 years,
there will continue to be pressures for certain other lands to be annexed by the City.
Identification of possible expansion areas will give an indication of lands that need to have
special considerations. Policies are in place to ensure the opinion of all stakeholders into the
expansion process.
Policies
3.1 In order to allow for the planning and installing of infrastructure, the City has identified in
the intermunicipal development plan and municipal development plan processes general
and long-term directions of growth. Annexation of these lands will occur in the
framework of long-range planning documents.
3.2 Annexation boundaries shall follow legal boundaries and natural features to avoid
creating fragmented patterns of municipal jurisdiction.
County of Newell & City of Brooks Intermunicipal Development Plan Page 17
DR EDIS
EKAL
3.3The City and County shall negotiate a formula for the determination of compensation on
annexation. Negotiation may occur on any or all of the following:
revenue or tax-sharing,
off-site levies and levy transfers, and
municipal reserve transfers.
3.4 Annexation involves a number of stakeholders that need to be involved in the process
including:
land owners directly affected by the application must be part of the negotiation
process;
City of Brooks, who must make the detailed case for annexation and be a major
participant in any negotiations;
County of Newell, who must evaluate the annexation application and supporting
documentation for the impact on its financial status and land base as well as
ratepayer issues. The County will, as part of the negotiation with ratepayers,
wish to see arrangements regarding, but not limited to:
property taxes,
use of land continuing as agriculture until needed for development,
ability to keep certain animals on site;
authorities such as Alberta Transportation and Alberta Environment;
Municipal Government Board, who will evaluate the application and responses
from the stakeholders.
3.5 Within six (6) months upon a Municipal Board Order approving an annexation, the
Intermunicipal Development Plan boundary shall be reviewed and amended as required
to reflect the municipal boundary change.
4.0 Intermunicipal Agreements and Services
Intent
A high degree of cooperation currently exists between the two jurisdictions and further
opportunities for joint activities on a wide variety of issues may become available in the future.
Off-site Levies
In order for an orderly, well designed, and adequately serviced subdivision to be developed, off-
site levies will have to be applied to the development area over and above individual on-site
servicing and development costs. These levies usually will include the combined estimated costs
of:
sanitary trunk lines,
improvements to the sewage treatment facilities,
water main extensions,
County of Newell & City of Brooks Intermunicipal Development Plan Page 18
storm water detention ponds,
storm water sewer lines,
collector and service roads,
design and engineering fees.
In addition, if other services are supplied to develop a subdivision, development agreements
with the municipality should include those other direct costs as well. The County of Newell will
develop an Off-Site Levy and Development Fees Bylaw that will apply at the time of subdivision
and development.
Revenue and tax sharing agreements
Revenue and tax sharing agreements evolve as a direct result of large facility developments,
generally industrial or commercial in nature, that are located in a rural area. The impact of such
a facility on neighbouring municipalities expresses itself through a shift in unforeseen pressures
on residential, commercial and recreational needs. This shift can create fiscal inequities for
which best practises and long-term planning could not have been foreseen. Revenue sharing
agreements can signal to developers and industry that the municipalities are open for business
and able to come to solutions that benefit the economic region as a whole. Annexation is
certainly another avenue through which these agreements come to the forefront.
Municipal, school, and environmental reserve
The municipalities should be prepared to negotiate at the time of annexation a transfer of
municipal, school or environmental reserve collected from prior subdivision of the lands under
consideration for annexation.
Policies
4.1 For areas identified for serviced development, the County of Newell in cooperation with
the City of Brooks shall prepare and adopt an off-site levy bylaw which identifies
affected lands and associated levy costs.
4.2 In order to harmonize development standards within the identified development areas,
both the County and the City shall jointly develop servicing standards to be
implemented within the plan boundary.
4.3 It is recognized by the two municipalities that benefits can occur through cooperation
and both shall explore the option of sharing future services and/or revenues through
the development of special agreements.
County of Newell & City of Brooks Intermunicipal Development Plan Page 19
PLANADMINISTRATION
&IMPLEMENTATION
PART D: PLAN ADMINISTRATION & IMPLEMENTATION
Following the adoption of this plan by bylaw, there are a number of ways to ensure that the
/źƷǤƭ ğƓķ /ƚǒƓƷǤƭ ŭƚğƌƭͲ ƚĬƆĻĭƷźǝĻƭ ğƓķ ƦƚƌźĭźĻƭ ĭğƓ ĬĻ ğĭŷźĻǝĻķ͵ ŷĻ ƦƌğƓƭ ğķƒźƓźƭƷƩğƷźƚƓ and
implementation will be the ongoing responsibility of both councils whose actions must reflect
the plan. But the support and cooperation of the Intermunicipal Development Plan Committee,
public and private organizations and the public will also be needed for implementation.
Guiding Principles:
1.The City and County agree that they shall ensure that the policies of this plan are
properly, fairly and reasonably implemented.
2. The City and County shall monitor and review the policies of this plan on a regular
basis or as circumstances warrant.
3. ŷĻ /ƚǒƓƷǤƭ ğƓķ ƷŷĻ /źƷǤƭ \[ğƓķ
ƭĻ .ǤƌğǞƭ ğƓķ aǒƓźĭźƦğƌ 5ĻǝĻƌƚƦƒĻƓƷ tƌğƓƭ ƭŷğƌƌ
be amended and maintained to reflect the policies of this plan.
Both municipalities have adopted municipal development plans and land use bylaws and, as
statutory plans, they are required to be consistent with all other adopted statutory plans. It
would appear that after adoption of the Intermunicipal Development Plan, ĬƚƷŷ ƷŷĻ /źƷǤƭ ğƓķ
ƷŷĻ /ƚǒƓƷǤƭ Municipal Development Plans and Land Use Bylaws may be inconsistent with the
policies of this plan with respect to future growth aspirations, fringe area boundaries and
annexation proposals and will require amendments. It is necessary to have these amendments
considered for adoption at the same time as the Intermunicipal Development Plan.
1.0 Intermunicipal Development Plan Committee
Intent
This plan is intended to be an ongoing process to ensure the plan is maintained and remains
applicable. A representative committee will ensure continued cooperation.
Policies
1.1 An Intermunicipal Development Plan Committee shall be established and shall be a
working committee consisting of three members from each council. At least one
ƒĻƒĬĻƩ ƚŅ ƷŷĻ /źƷǤƭ ğƓķ ƷŷĻ /ƚǒƓƷǤƭ ğķƒźƓźƭƷƩğƷźǝĻ ƭƷğŅŅ ƭhould attend all meetings of
the Committee.
County of Newell & City of Brooks Intermunicipal Development Plan Page 20
1.2The City and the County agree that the main functions of the Committee are:
(a) to address concerns regarding the policies of the plan;
(b) to address proposed amendments to the plan;
(c) to address changes to land use districts or other land use amendments affecting
the lands in the plan;
(d) to address issues in relation to implementation of plan policies, comments related
to subdivision and/or development proposals;
(e) to engage in resolving any conflicts or disputes which arise from this plan Γ both
municipalities will share costs associated with using outside assistance to resolve a
dispute.
(f) any other land use issues deemed appropriate not explicitly identified in the plan.
1.3 Meetings of the Committee shall be held at least annually or at the request of either
municipality. Committee meetings should be held as quickly as possible if any conflict
arises, or if any matter is brought before it.
1.4 If a matter has been referred to the Committee for comment, the Committee shall issue
written comments as soon as possible. Both councils agree that the Committee shall
issue its comments in the form of recommendations.
1.5 The Committee shall strive to make consensus decisions wherever possible.
1.6 A matter may be brought before the Committee by the administrative staff of either the
City or the County, or by any other person.
1.7 Where a matter involving the two municipalities cannot be resolved to the satisfaction
of the Committee, the Committee is authorized to initiate the conflict resolution system
in this plan, Part D, section 4.0 as follows.
2.0 Referrals
Intent
Land use issues are addressed at five main points in the approval system including:
municipal development plans and amendments,
all other statutory plans and amendments,
land use bylaws and amendments,
subdivision of a parcel and any appeal,
development approval and any appeal.
County of Newell & City of Brooks Intermunicipal Development Plan Page 21
Each referral shall contain all available information for review and a municipality may request
further information to be provided. In the case of all referrals, a timely written response is
expected.
Policies
2.1As the first step in the referral process, all applications within the plan boundary or
proposed documents affecting the plan boundary shall be submitted to the IMDP
Planning Committee for comment. The full referral process is outlined in Figure 1 Α
Referral Flow Chart.
2.2 Municipal Development Plans and Amendments
(a) A newly proposed County of Newell Municipal Development Plan or amendment
that will have an impact on this plan shall be referred to the City for comment.
(b) A newly proposed City of Brooks Municipal Development Plan or amendment
affecting the municipal expansion policies shall be referred to the County for
comment.
(c) The above referrals shall be made and considered prior to a public hearing.
2.3 All Other Statutory Plans and Amendments
(a) A newly proposed County of Newell statutory plan or amendment that will have an
impact on this plan shall be referred to the City for comment.
(b) A newly proposed City of Brooks statutory plan or amendment affecting the
municipal expansion policies shall be referred to the County for comment.
(c) The above referrals shall be made and considered prior to a public hearing.
2.4 Land Use Bylaws and Amendments (redesignation and text amendments)
(a) All land use bylaw amendments in the County of Newell which change a land use
district or a part of the Land Use Bylaw which would affect the policies of this plan
shall be referred to the City.
(b) The City shall refer all redesignation applications that are located adjacent to the
County boundary.
(c) Any proposed new Land Use Bylaw in the County or City shall be referred to the
other for comment.
(d) The above referrals shall be made and considered prior to a public hearing.
2.5 Subdivision Applications
(a) The County shall refer all subdivision applications within the boundaries of this plan
to the City for comment.
County of Newell & City of Brooks Intermunicipal Development Plan Page 22
Figure 1: Intermunicipal Development Plan Referral Flowchart
COUNTY OF NEWELL CITY OF BROOKS
APPLICATION FOR: APPLICATION FOR:
Development application for a discretionary Development application for a discretionary
use use
Subdivision application Subdivision application
Rezoning application (concept plan or area Rezoning application (concept plan or area
structure plan) structure plan)
AND: AND:
Within county referral area Adjacent to municipal boundary
REFER TO IMDP ADMINISTRATIVE PERSONNEL
Administrative personnel to include on next agenda for IMDP
Committee
For comment if a new application or a decision under appeal; or
For information to notify of decision made
IMDP COMMITTEE
IMDP Committee must make comments in
ǞƩźƷźƓŭ Ʒƚ ƷŷĻ ƩĻƭƦĻĭƷźǝĻ ƒǒƓźĭźƦğƌźƷǤƭ
decision-making authority (Council,
Development Authority, or Subdivision
Authority) or the Appeal Board to be
included for consideration.
COUNTY AUTHORITY MAKES DECISION CITY AUTHORITY MAKES DECISION
STATING REASONS: STATING REASONS:
APPROVES with or APPROVES with or
REFUSES. REFUSES.
without conditions. without conditions.
Where there is a valid appeal it will be to the:
COUNTY SUBDIVISION AND CITY SUBDIVISION AND DEVELOPMENT
DEVELOPMENT APPEAL BOARD APPEAL BOARD
(b)The City shall refer all subdivision applications located on lands adjacent to the
County boundary to the County for comment. The above referrals shall be made
and considered prior to a decision being made.
2.6 Development applications
(a) The County shall refer all discretionary use applications located in the plan
boundary to the City for comment and may refer permitted use applications if
there are some conditions that may alleviate a perceived conflict with a City
property.
(b) The City shall refer to the County all discretionary use applications, if the
application is adjacent to lands in the County and any application involving a use of
land or buildings which may have a noxious, hazardous or otherwise detrimental
impact on land within the County.
(c) The above referrals shall be made and considered prior to a decision being made.
2.7 Municipalities are encouraged to refer any requests for approval to each other in areas
not contained in this plan if some impact may occur in the other jurisdiction.
3.0 Dispute Settlement
Intent
By its nature, the policies of this plan are general and make each municipality responsible for
decisions made in their own jurisdiction. This suggests that disputes may arise from time to
time. Using the following system, it is hoped the dispute can firstly be avoided, and secondly,
settled locally. Only after a series of steps would the dispute go beyond the local level.
In the case of a dispute, the following process will be followed to arrive at a solution:
Step 1 It is important to avoid any dispute by ensuring the plan is adhered to as
adopted, including full circulation of any permit or application that may affect
a municipality or as required in this plan and prompt enforcement of the
policies of the plan and Land Use Bylaw.
Step 2 Should either municipality identify an issue related to this plan that may result
in a more serious dispute, that municipality should approach the
Intermunicipal Development Plan Committee to call a meeting of the
Committee to discuss the issue.
Step 3 Prior to the meeting of the Committee, each municipality through its
administration, must ensure the facts of the issue have been investigated and
clarified. Staff meetings may occur at this point to discuss possible solutions.
Step 4 The Committee should discuss the issue with the intent to seek a solution by
consensus.
County of Newell & City of Brooks Intermunicipal Development Plan Page 23
Step 5 Should the Intermunicipal Development Plan Committee be unable to arrive at
a consensus, then either municipality will contact the appropriate chief
elected officer to arrange a joint meeting of the two councils who will discuss
possible solutions.
Step 6 Should the councils be unable to reach a solution, either municipality may
contact Alberta Municipal Affairs to commence a mediation process under the
ķĻƦğƩƷƒĻƓƷƭ ŭǒźķğƓĭĻ͵
Step 7 In a case where further action under the Municipal Government Act is
unavailable, the results of the mediation report will be binding on each
municipality.
Step 8 In the case of a dispute regarding:
a statutory plan or amendment, or
a land use bylaw or amendment,
a dispute under section 690(1) of the Municipal Government Act may be
initiated.
4.0 Plan Validity and Amendment
ŷźƭ ƦƌğƓ Ǟźƌƌ ƓƚƷ ĭƚƓƷğźƓ ğ ͻƭǒƓƭĻƷͼ ĭƌğǒƭĻ ğƭ ƚƷŷĻƩ ƦƌğƓƭ ŷğǝĻͲ ĬǒƷ ƩğƷŷĻƩͲ ğ ƒĻƷŷƚķ ƚŅ
continuous updating as required.
Policies
4.1 This plan comes into effect on the date it is adopted by both the City of Brooks and
County of Newell. It remains in effect until either council rescinds the plan by bylaw
after giving six months notice, or by mutual agreement.
4.2 Recognizing that this plan may require an amendment from time to time to
accommodate an unforeseen situation, such an amendment must be adopted by both
councils using the procedures established in the Municipal Government Act.
4.3 Third party applications for an amendment to this plan shall be made to either
municipality and be accompanied by the appropriate fees to each municipality.
4.4 The Intermunicipal Development Plan Committee shall initiate a full-scale review of the
plan in 10 years from the date of adoption and report to the respective councils on the
success of the plan and the need for revision. This does not preclude periodic revision
of portions of the plan, as outlined in 4.2 above, that are of mutual concern.
County of Newell & City of Brooks Intermunicipal Development Plan Page 24
DEFINITIONS
APPENDIX
DEFINITIONS
Accessory Building means a building or structure, incidental, subordinate and located on the
same lot as the principal building, but does not include a building or structure used for human
habitation.
Accessory Use means a use of a building or land, which is incidental to and subordinate to the
principal use of the site on which it is located.
Agricultural Operation means an agricultural activity conducted on agricultural land for gain or
reward or in the hope or expectation of gain or reward, and includes:
(a) the cultivation of land;
(b) the raising of livestock, including game-production animals within the meaning of the
ͻ\[źǝĻƭƷƚĭƉ LƓķǒƭƷƩǤ 5źǝĻƩƭźŅźĭğƷźƚƓ !ĭƷͼ ğƓķ ƦƚǒƌƷƩǤͳ
(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;
and
(k) the abandonment and reclamation of confined feeding operations and manure storage
facilities.
City means the City of Brooks.
Commercial Establishment means a building, or part thereof, for the sale of goods or services to
the general public.
Confined Feeding Operation means 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 Agri c ultural Operations Practices Act (AOPA), as amended from time
to time, but does not include seasonal feeding and bedding sites.
County of Newell & City of Brooks Intermunicipal Development Plan Appendix
County means the County ofNewell.
Development means:
(a) an excavation or stockpile and the creation of either but does not include turning over soil
with no immediate activity on the land in the near future; or
(b) a building or an addition to, or replacement or repair of a building and the construction or
placing of any of them in, on, over or under land; or
(c) a change of use, 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 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 intensity of use of the land.
Discretionary Use means 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 Municipal Planning Commission
with or without conditions.
Dwelling Unit means a self-contained living premises occupied or designed to be occupied by an
individual or by a family as an independent and separate housekeeping establishment and in
which facilities are provided for cooking and sanitation. Such units include single-detached
dwellings, modular homes, manufactured homes and moved-in buildings for residential use.
Extensive Agriculture means the general raising of crops and grazing of livestock in a non-
intensive nature.
Farming means the use of land or buildings for the raising or producing of crops and/or livestock
but does not include a confined feeding operation for which a registration or approval is
required from the NRCB.
Industry Α
Isolated Light Industry means industrial uses located or proposed to be located on parcels
of land not adjacent to other proposed or existing industrial uses, and that, in the opinion
of the Municipal Planning Commission, would not substantially change the agricultural
characteristics of an area.
Light Industry means development used for manufacturing, fabricating, processing,
assembly, production or packaging of goods or products, as well as administrative offices
and warehousing and wholesale distribution use which are accessory uses to the above,
provided that the use does not generate any detrimental impact, potential health or safety
hazard, or any nuisance beyond the boundaries of the developed portion of the site or lot
upon which it is situated.
Noxious Industry means industry which involves processing of an extractive or agricultural
resource which is deemed to be hazardous, noxious, unsightly or offensive and cannot
therefore be compatibly located in an urban environment. Examples should include, but
are not limited to: anhydrous ammonia storage, abattoirs, oil and gas plants, seed cleaning
plants, bulk fuel depots, livestock sales yards, gravel/sand pits or stone quarries, auto
County of Newell & City of Brooks Intermunicipal Development Plan Appendix
wreckers or other such uses determined by the Municipal Planning Commission to be
similar in nature.
IMDP Plan Boundary means the referral area for the plan and all development applications and
statutory bylaw amendments on lands within identified plan area will be referred to the IMDP
committee.
IMDP Focused Development Boundary means the area of the plan boundary that development
will be directed to. For the most part, areas outside of the Focused Development Boundary will
remain agriculture.
Noxious Use means a use, usually industrial or commercial in nature which, by reason of
emissions (i.e., air, water or noise), is hazardous to human health, safety or well-being and
cannot reasonably be expected to co-exist in proximity to population concentrations.
Permitted Use means a use development in the Bylaw as a permitted use and for which the
Development Authority shall issue a development permit with or without conditions providing
all other provisions of the Bylaw are conformed with.
Principal Building or Use means the building or use of land or buildings that constitutes the
dominant structure or activity of the lot.
Provincial Highway means a road development as such by Ministerial Order pursuant to the
Highway Traffic Act and described by plates published in the Alberta Gazette pursuant to Alberta
Reg. 164/69 as 500, 600, 700 & 800 series or Highways 1 and 36.
Public and Quasi-Public Building and Uses means a building which is available to the public for
the purpose of assembly, instruction, culture or community activity and includes, but is not
limited to, such uses as a school or educational facility.
Public Utility means a system, works, plant, equipment or service owned and operated by a
municipality or corporation under agreement with or franchised by the municipality, or by a
corporation licensed under a Federal or Provincial Statute and which furnishes services and
facilities to the public and includes, but is not limited to:
(a) communication by way of telephone, television or other electronic means;
(b) public transportation by bus or other means; and
(c) production, transmission, delivery or furnishing of water, gas or electricity to the general
public.
Setback means the perpendicular distance that a development must be set back from the front,
side, or rear property lines of the building site as specified in the particular district in which the
development is located.
County of Newell & City of Brooks Intermunicipal Development Plan Appendix