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VILLAGE
IN THEVALLEY
BYLAW 2019 - 830
OF THE VILLAGE OF CARBON, IN THE PROVINCE OF ALBERT A, BEING A
BYLAW TO ADOPT THE VILLAGE OF CARBON / KNEEHILL COUNTY
INTERMUNICIPAL
DEVEIOPMENT
PLAN
WHEREAS, Section 631(1) of the Municipal
Government
Act, being Chapter M-26 of the
Statutes of Alberta,
provides
that two or more Councils must, by each passing a Bylaw, adopt
an Intermunicipal
Development
Plan;
AND WHEREAS, Council deems it desirable
to adopt an Intermunicipal
Development
Plan with
KNEEHILL COUNTY
AND WHEREAS, Council recognizes
that the lands contained
within the Intermunicipal
Development
Plan will remain under the jurisdiction
of each respective
municipality,
and that the Intermunicipal
Development
Plan provides a basis for cooperation
and communication
on matters of mutual
interest;
AND WHEREAS, notice of the proposed
Bylaw and Public Hearing was given pursuant
to Section
606(2) Ofthe Municipal
Government
ACt, being Chapter M-26 0fthe
Statutes Of Alberta;
AND WHEREAS, a Public Hearing into the proposed
Bylaw was scheduled
for and held on
November
18, 2019 commencing
at
at the Village of Carbon Office;
NOW THEREFORE, the Municipal
Council of the Village of Carbon duly assembled
enacts as follows:
THAT THE VILLAGE OF CARBON / KNEEHILL COUNTY INTERMUNICIPAL
DEVELOPMENT
PLAN, AS ATTACHED AND FORMING PART OF THIS BYLAW BE ADOPTED.
READ a first time in Council this21"
day of October
2019.
READ a second time in Council this 18th day of November
2019.
READ a third time in Council and finally passed thisl8'h
day of November
2019.
Village of Carbon Bylaw
, Intermunicipal
Development
Plan with Kneehill County is
hereby repealed
Village of Carbon Bylaw 2017798
Joint Intermunicipal
Planning
Commission
with Kneehill County
is hereby repealed.
Village of Carbon Bylaw
2017-799
Joint Subdivision
and Development
Ap
al Board with
Kneehill County is hereby repealed.
M
5,[;"4/-X
MUNICIPAL
ADMINISTRATOR
Kneehill
County
Bylaw No. 1804
BYLAW No, 1804 0F KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA,
BEING A BYLAW TO ADOPT THE VILLAGE OF CARBON / KNEEHILL COUNTY
INTERMUNICIPAL
DEVELOPMENT
PIAN
WHEREAS, Section 631(1) of the Municipal
Government
Act, being Chapter M-26 of the Statutes
of
Alberta, provides that two or more Councils must, by each passing a Bylaw, adopt an Intermunicipal
Development
Plan;
AND WHEREAS, Council deems it desirable
to adopt an Intermunicipal
Development
Plan with the
VILLAGE OF CARBON;
AND WHEREAS, Councit recognizes
that the lands contained
within the Intermunicipal
Development
Plan
will remain under the jurisdiction
of each respective
municipality,
and that the Intermunicipal
Development
Plan provides
a basis for cooperation
and communication
on matters of mutual interest;
AND WHEREAS, notice of the proposed
Bylaw and Public Hearing was given pursuant
to Section 606(2) of
the Municipal
Government
Act, being Chapter M-26 of the Statutes of Alberta;
AND WHEREAS, a Public Hearing into the proposed Bylaw was scheduled
for and held on November
26,
2019 commencing
at 10:00 a.m. at the Kneehill County Office;
NOW THEREFORE, the Municipal
Council of Kneehill County duly assembled
enacts as follows:
THATTHE VILLAGE OF CARBON / KNEEHILL COUNTY INTERMUNICIPAL DEVELOPMENT PLAN, AS
ATTACHED AND FORMING PART OF THIS BYLAW BE ADOPTED.
Kneehill County Bylaw 1743, Intermunicipal
Development
Plan with the Village of Carbon is hereby
repealed.
Kneehill County Bylaw 1744, joint Intermunicipal
Planning Commission
with the Village of Carbon is
hereby repealed.
Kneehill County Bylaw 1745, Joint Subdivision
and Development
Appeal Board with the Village of Carbon is
hereby repealed,
READ a first time in Council this 22"d day of October,
2019.
READ a second time in Council this 26'h day of November,
2019.
READ a third time in Council and finally passed this 26'h day of November,
2019.
Wi
ock,Reeve
Mike
n, Chief Administrative
Officer
21Page
47
the regulatory
mechanism
concerning
orderly
development,
and the manner
in which to process
development
permits
within
the bounds of Village of Carbon.
The Kneehill County Municipal
Development
Plan is the main planning
policy document
which provides
how and where Kneehill County
growth
and development
should occur, and other matters
including,
but
not limited
to, agricultural,
rural residential,
and subdivision.
Kneehill County Land Use Bylaw provides
the
regulatory
mechanism
concerning
orderly
development
and the manner
in which to process development
permits
within
the bounds of Kneehill County.
For the purposes
of this process, the County and the Village agree to respect
the following
guiding
principles:
*
Mutual
respect and equity.
*
Cooperation,
collaboration,
communication
and trust.
*
Coordinated,
consistent
and timely
response.
*
Respect for environment
and natural capital.
*
Public engagement
and consultation.
*
Economic
growth
and development.
1.
Plan Area
This area is illustrated
in Schedule
1 and includes
undeveloped
lands in the County and in the
Village. The predominant
land use within
the Plan Area is agriculture.
However,
the lands along
Highway
836 could support
additional
uses. These are areas where different
land uses meet and
interact.
It is assumed
the interface
will occur at, or near the shared jurisdictional
boundary.
2.
Environmental
& Hazard Lands
These are identified
in Schedule
2, and are lands that are prone to flooding,
shoreline
erosion
or
slope instability
hazards which may result in environmental
degradation
and lands in proximity
to
water bodies and watercourses
with slopes greater
than 10%. These lands have very limited
potential
for development.
41Page
The Village and County, as per this Plan, shall strive to engage in effective
dialogue
when considering
land
use in the Plan Area, while still maintaining
complete
jurisdiction
on lands within
their own boundaries.
The Village and County may collaborate
and investigate
methods
of giving support
to projects
that may
mutually
benefit
or enhance
the quality
of life for residents
from both municipalities.
This could be in the
form ofin-kind
donations,
materials,
municipal
letters
of support,
application
for grants, or othermore
permanent
arrangements
upon mutual
agreement.
Both municipalities
shall act as good neighbours
with
respect
to the Plan Area and Environmental
and Hazard
Lands and agree that a collaborative
approach
to planning
and coordinated
development
is necessary
within
the joint
planning
area. Both municipalities
shall respect
the Plan
Area and Boundary
as illustrated
in Schedule
1 and 2.
Each will ensure future
land use designations
and interface
boundaries
are compatible
and consistent
with
both jurisdictions"
goals and aspirations.
Development
proposals
will be evaluated
against each
municipality's
respective
Municipal
Development
Plans, as well as statutory
and non-statutory
plans.
The County
will notify the Village of any multi-lot
proposals,
studies, or plans for areas as illustrated
in
Schedule
1 and 2, within
the County
boundary,
and provide
informative
communication
and invitations
to
respond.
The Village will notify the County
of any proposals,
applications,
studies,
or plans for areas as
illustrated
in Schedule
1 and 2 within
their Village boundary
and provide
informative
communication
and
invitations
to respond.
Where an intermunicipal
referral
is required
by legislation
or the policies contained
in this Plan, both
municipalities
agree to share the mailing
address and property
ownership
information
for circulation
purposes
with the adjacent
municipality,
and where applicable,
the
municipality's
processing
agency.
All subdivision
and redesignation
applications
for land within
the Plan Area shall be referred
to the other municipality
for comment
prior
to a decision being rendered.
All discretionary
use applications
within
the
Plan Area shall be referred
to the other
municipality
for comment
prior to a decision
being rendered.
As per Section 636(1)(d)
of the Municipal
Government
Act, notification
to the Village or County will be
circulated
when changes to either
Municipal
Development
Plan are being proposed.
The Village or County
will have an opportunity
to provide
comments
regarding
the proposed
changes.
5lPage
,I
I
Managing
Growth-IDP
policies must be flexible
enough to permit
all reasonable
developments
in a
contiguous
manner.
The IDP has a goal to facilitate
orderly,
efficient
and environmentally
sound
development
compatible
with the character
and physical setting of the Plan Area while minimizing
conflicts
between
agricultural
and urban land uses.
*
Future development
shall be planned in accordance
with the land uses identified
in the
corresponding
municipality's
planning
documents.
Land uses within
the current
Village boundary
shall be guided by the Village's
Municipal
Development
Plan and Land Use Bylaw. Land uses
within
the current
County boundary
shall be guided by the County's
Municipal
Development
Plan
and Land Use Bylaw.
*
Minor amendments
to either MDP shall not require an amendment
to the IDP.
@
The Village and County
shall endeavour
to implement
cost-sharing
and servicing
arrangements
supporting
an equitable
distribution
of costs associated
with increased
growth
and development
in the Plan Area (Schedule
1 and 2) where feasible.
*
Prior to either
municipality
extending
infrastructure
or serves to development
occurring
in the
other municipality's
jurisdiction,
the Village and County shall enter into an agreementthat
outlines
how costs associated
with the development
will be shared. This agreement
shall address,
but not be limited to, the following:
o
Costs for initiating
and extending
infrastructure
and services;
o
Current
and future
capacities
for the infrastructure
and services;
o
Future maintenance
costs associated
with the infrastructure
and services;
*
Entering
into an agreement
to provide
infrastructure
and services shall be at the discretion
of the
municipality
that will be providing
the services and may be determined
based on a cost-benefit
analysis.
*
Both municipalities shall provide a variety of development opportunities within thei2urisdiction.
*
Future development
in proximity
to Highway
836 or Highway
575 shall be planned in consultation
with Alberta
Transportation.
Plan Area Environment
- The natural environment
surrounding
the Village does not respect municipal
boundaries.
Watercourses,
hills, soil conditions
and vegetation
intermingle
across urban and rural
boundaries
as well as the Plan boundary.
*
Both municipalities
shall recognize
the value of the natural environment
and its contribution
to
quality
oflife.
*
Proposed
development
in areas that are prone to erosion,
landslides,
or any other natural
hazards, as well as proposed
development
in proximity
to steep or unstable
slopes will be subject
to requirements
as identified
in Land Use Bylaws to the satisfaction
of the approving
authority.
*
Applicants
of a redesignation,
subdivision
or development
shall be required
to obtain confirmation
of the I:lOO-year
flood level on the affected
lands. Applicants
may also be required
to provide
an
61Page
environmental
review prepared by a qualified
professional
where an environmentally
sensitive
feature is present on the affected lands as identified
by the Province of Alberta.
Transportation
Systems
- The Village and the County recognize the importance
of establishing
and
creating a continuous
network
of roads within the Plan Area in order to efficiently
manage future growth.
*
Subdivision
and development
proposals located in the Plan Area must address linkages between
the two municipalities
to accommodate
layout, setbacks, and road uses to ensure orderly and
efficient
transition
to urban densities.
*
Either municipality
may require an agreement
regarding the construction,
repair and maintenance
of any municipal boundary
area roads, when the subdivision
or development
requires access to
come from a road under the control or management
of the adjacent
municipality.
*
Subdivision
and development
decisions within the Plan Area will have regard to future road
networks.
*
Accounting
for the location of existing development,
topography
and other site-specific
considerations,
there may be circumstances
where road alignments
will need to be altered in
responding
to the needs of subdivision
or development.
7 I Page
r
Economic
and Joint Development
- Planning
future
growth
may raise opportunities
for mutually
beneficial
economic
development
and joint development
opportunities,
and these may arise in the form
of shared servicing
upgrades
or community
based facilities.
*
Both municipalities
shall work together
to ensure a strong, stable and diversified
local and
regional
economy.
*
The Village and County shall work together
to explore
areas of mutual
interest
where agreements
can be considered
to ensure that development
opportunities
will be to the benefit
of both
m unicipalities.
*
Both municipalities
shall work together to maximize
the advantages of commercial/industrial
opportunities
potentially
offered
by visibility
from Highways
575 and 836.
*
A prerequisite
to multi-lot
subdivision
and development
will be the preparation
of an Outline
Plan
or an Area Structure
Plan to the Village and County"s
satisfaction
to ensure that iSSues relating
to
future
land use, servicing
transitional
treatments
and phasing are addressed
in a manner
that
ensures compatibility
with existing
or proposed
development.
*
Water
and sanitary
sewer may be extended
from the Village. In some cases, it may be more viable
for water
to be extended
from the County
to service areas of the Village. Development
levies or
equivalent
contributions
may be collected
from the benefiting
developments
so that the cost of
these extensions
does not directly
impact existing
residents
of the Village orCounty.
*
Best management
practices
for storm water management
shall be required
in accordance
with
Alberta
Environment
and Parks regulations.
*
Buffers or similar mechanisms to mitigate
potential
conflict
between
commercial/industrial,
agricultural
and other uses shall be used where needed.
*
Any commercial/industrial development proposed adjacent to a watercourse, wetland,
environmental
or hazard lands may require
a geotechnical
study and environmental
review
to
confirm
the site is suitable
for the intended
use and describe
the potential
impacts of the
development
and the extent
to which these impacts
may be mitigated.
Agricultural
Uses - Agricultural
uses represent
the largest land use category
of the IDP. The IDP strives
to maintain
the importance
of agriculture
by directing
future
growth
in a compact,
contiguous
manner
that minimizes
intrusions
into agriculture
operations.
This will ensure agricultural
operations
continue
to
operate
and remain a significant
contributor
to the local economy.
@
Existing agricultural
areas shall continue
to be used for agricultural
activities
as provided
for in the
County's
Municipal
Development
Plan and Land Use Bylaw, unless a landowner
proposes
to
convert
agricultural
lands to another
opportunity
provided
for in the IDP, MDP, or Land Use Bylaw.
@
When making decisions
regarding
development
on or adjacent
to agricultural
lands, both
municipalities
shall give consideration
for agricultural
operators
to pursue normal activities
without
interference
or restriction
based on their impact on adjacent
uses.
8 l Page
Plan Area (Schedule
1) - Agriculture
is recognized
as the primary
land use and no amendments
to this
fDP are required
for subdivisions
and accompanying
land use bylaw amendments,
by either
municipality,
that both municipalities
agree are consistent
with the provisions
contained
within
the IDP, as amended
from time to time. To ensure that future integration
into the urban fabric is not compromised,
the
following
development
conditions
shall apply, unless otherwise
agreed to by the Village and County.
*
An urban residential
development
proposal
may be accompanied
by an application
for annexation
to the Village.
*
A prerequisite
to a multi-lot
subdivision
or development
will be the preparation
of an Outline
Plan
or an Area Structure
Plan to the Village and County's
satisfaction
to ensure that issues relating
to
future
land use, servicing
transitional
treatments
and phasing are addressed
in a manner
that
ensures compatibility
with existing
or proposed
development.
*
Should the proposed
multi-lot
subdivision
or development
occupy only a portion
of the quarter
section,
the Outline
Plan or Area Structure
Plan shall describe
what is proposed
for the ultimate
build-out
of the lands and how the proposed
development
will be integrated
into the Village upon
annexation.
*
Water
and sanitary
sewer may be extended
from the Village. In some cases, it may be more viable
for water
to be extended
from the County to service areas of the Village. Development
levies or
equivalent
contributions
shall be collected
from the benefiting
developments
so that the cost of
these extensions
does not directly
impact
existing
residents
ofthe
Village orCounty.
*
Best management
practices
for storm water
management
shall be required
in accordance
with
Alberta
Environment
and Parks regulations.
*
Any residential
development
proposed
adjacent
to a
watercourse,
wetland,
environmental
or hazard lands
may require
a geotechnical
study
and environmental
review to
confirm
the site is suitable
for the
intended
use and describe
the
potential
impacts
of the
development
and the extent
to
which these impacts
may be mitigated.
Environmental
& Hazard
Lands (Schedule
2) -These
areas are identified
where environmentally
significant
features
are recognized
by both municipalities.
Any development
within
these areas shall be in
accordance
with Provincial
regulations
and the respective
municipalities
land use policies,
which may
include but not be limited
to a potential
requirement
for an environmental
impact
assessment
(EIA).
Development
setbacks
from wetlands
or hazard lands, such as steep slopes or floodplains,
shall be
maintained
in accordance
with Provincial
and municipal
regulations.
9lPage
f
*
The implementation
of this Plan is intended
to be an ongoing
process to ensure it is maintained
and remains
applicable.
A committee
with joint representation
will ensure continued
dialogue
and cooperation,
as the purpose
of this committee
is to promote
active cooperation
and conflict
resolution
through
a consensus
based approach.
*
For the purposes
of administering
the monitoring
of the IDP, the Village and County
will establish
the Intermunicipal
Development
Plan Committee
(the Committee)
will be comprised
of two
members
of Council, plus the CAO from both the Village and the County. Each municipality
may
appoint
an alternate
Committee
member
in the event a regular member
cannot
attend
a
scheduled
meeting.
Alternate
Committee
members
shall have standing.
*
The IDP will be formally
reviewed
by this Committee
once every four years, beginning
in 2020 in
order to confirm
or recommend
amendments
of any particular
policy contained
herein. The
committee
will prepare
recommendations
for consideration
by the Municipal
Councils.
*
Members
of the Committee
shall be appointed
by their respective
Councils
at their Organizational
Meeting.
If a Council wishes to appoint
a new member
to the Committee
(including
the
alternate),
they must do so by motion
of Council at a regular Council meeting.
The municipalities
shall notify one another
upon appointing
members
and alternate
members
to the Committee.
10 l P a g e
Functions
of the Committee
The Village and County
agree that the main functions
of the Committee
are to:
*
Create a forum
for dialogue
on issues of common
interest
and concern;
*
AddressconcernsregardingthepoliciesofthePlan;
*
Address
proposed
amendments
to the Plan;
*
Engage in resolving
any conflicts
or disputes
which arise from this Plan - both
municipalities
will equally
share costs associated
with using outside
assistance
to resolve a
dispute;
and
*
Address
any other land use issues deemed
appropriate,
but which are not explicitly
identified
in the Plan.
*
Meetings
of the Committee
shall be held on an "as needed basis", or at the request
of
either
municipality.
Committee
meetings
should be held as soon as possible
if any conflict
arises, or if any matter
is brought
before
it.
*
ThemunicipalitythatcalledthemeetingoftheCommitteeshallhostandchairthe
meeting
and is responsible
for preparing
and distributing
agendas
and minutes.
*
BothCouncilsagreetheCommitteeisnotadecisionmakingbodyandthattheCommittee
shall issue a written response in the form of comments and/or recommendations to the
appropriate
decision
making
body.
II l P a g e
*
The County
recognizes
and agrees that the Village will need additional
land to grow and will
support
annexations
that will provide
for 30-40 years of projected
growth
within
the boundaries
of the Village.
*
The annexation
process may be initiated
by the Village in accordance
with the requirements
of the
Municipal
Government
Act.
*
The Village and County will endeavour
to reach an intermunicipal
agreement
on the annexation
prior to submitting
the annexation
to the Municipal
Government
Board.
Dispute Resolution
The policies
of this Plan are designed
to be general in nature, ensuring
that both the Village and the
County maintain
jurisdiction
over the decisions
made within
their borders.
It is anticipated
that by
following
the process below, any disputes
or conflicts
that may arise can be avoided,
and where
necessary,
settled at the local level. Only in those circumstances
where a resolution
cannot be achieved
locally would the dispute be referred
to outside
parties.
It is important
to avoid dispute
by ensuring
the Plan is adhered
to as adopted,
including
full circulation
of
any permit
or application
that may affect the municipality
as required
in the Plan and prompt
enforcement
of the Plan policies.
The Village and County agree that disputes
relating
to the IDP shall be restricted
to the following:
*
Lack of agreement
on proposed
amendments
to the Plan
12 l P a g e
*
Lack of agreement
on any proposed
statutory
plan, land use bylaw or amendment
to either
located within
or affecting
the Plan Area
*
Lack of agreement
on an interpretation
of this Plan
Dispute
Resolution
Process
*
The dispute
resolution
process may only be initiated
by the Village or County Councils.
*
Identification
of a dispute
and the desire to go through
the dispute
resolution
process may occur
at any time regarding
a dispute matter
and may only occur within
30 calendar
days of a decision
made pursuant
to the above noted areas that may be disputed.
Once either municipality
has
received
written
notice of a dispute,
the dispute
resolution
process must be started
within
15
calendar
days of the date the written
notice was received,
unless both Chief Administrative
Officers
agree otherwise.
*
In the event the dispute
resolution
process is initiated,
the municipality
having authority
over the
matter
shall not give any further
approval
in any way until the dispute
has been resolved
or the
mediation
process has been concluded.
*
The process shall be as follows:
o
Administrative
Review - the Chief Administrative
Officers
of both municipalities
will meet
in an attempt
to resolve the issue first. Failing resolution,
the dispute
will then be referred
to the Intermunicipal
Development
Plan Committee.
o
Intermunicipal
Development
Plan Committee
Review - the Committee
will convene
to
consider
and attempt
to resolve the dispute.
In the event a resolution
is not achieved
by
the 30'h day following
the first meeting
of the Intermunicipal
Development
Plan
Committee,
either municipality
may refer the dispute
to mediation.
o
Mediation-theservicesofanindependentmediatorwillberetained,withthemediator
to present
a written
recommendation
to both Councils.
The costs of mediation
shall be
shared equally
between
the Village and County.
o
Municipal
Government
Board - In the event the mediation
process does not resolve the
dispute,
the initiating
municipality
may proceed
to adopt the bylaw and in accordance
with the Municipal
Government
Act, the other municipality
will have the right to appeal to
the Municipal
Government
Board.
13 l P a g e
Amending
the Plan
*
The Plan may be amended
as seen fit and mutually
agreed upon by both Municipalities.
Any
amendments
to the Plan must be adopted
by both Councils.
*
Should any disagreements
arise with an amendment
to the Plan, the dispute resolution
process
shall be initiated.
*
Proposed
amendments
to this Plan by parties other than the Village or the County shall be
accompanied
by the following:
o
An application
to amend the County IDP Bylaw submitted
to the County along with the
applicable
fee for processing
amendments
to a statutory
document;
and
o
An application
to amend the Village IDP Bylaw submitted
to the designated
planning
authority
along with the applicable
fee for processing
amendments
to a statutory
document.
Repealing
the Plan
In the event that one or both municipalities
deem the IDP no longer relevant,
the bylaws adopting
the IDP
will need to be repealed
by both municipalities.
However,
an IDP is a mandatory
requirement
under the
MGA. As such, the Plan may only be repealed
for the purpose
of being replaced
by a new IDP at the time
of the repeal.
*
The Plan shall only be repealed
if mutually
agreed upon by both municipalities
and under the
condition
that the Plan will be replaced
with a new IDP that will be adopted
by both municipalities
at the time of the repeal.
*
Should only one municipality
wish to repeal the Plan, 60 days' notice will need to be given to the
other municipality
stating
the intent
and reasons for repealing
the Plan. Both Councils must pass
the bylaw repealing
the Plan and adopting
a new IDP for the repeal to take effect.
14 l P a g e
@
Should only one municipality
wish to repeal the plan, the dispute
resolution
process shall be
initiated.
I
-'S
Adjacent
Land(s): Land that abuts or is contiguous
to the parcel of land that is being described
and
includes
land that would be contiguous
if not for a highway,
road, lane, walkway,
watercourse,
utility lot,
pipeline
right-of-way,
power line, railway or similar
feature
and any other land identified
in the land use
bylaw as adjacent for the purpose of notifications under the Municipal Government Act, Revised Statues of
Alberta
2000, M-26 with amendments.
Agricultural
Operation:
If not defined
in the municipality's
Land Use Bylaw, it is an agricultural
activity
conducted
on agricultural
land for gain or reward
or in the hope of expectation
of gain or reward,
and can
include,
but is not limited
to:
the cultivation
of land;
the raising oflivestock,
including
game-production
animals
within
the meaning
of the "Livestock
Industry Diversification Act" and poultry;
c)
the raising of fur-bearing
animals, pheasants
or fish;
d)
the production
of agricultural
field crops;
e)
the production
of fruit, vegetables,
sod, trees, shrubs and other
specialty
horticultural
crops;
f)
the production
of eggs and milk;
g)
the production
of honey (apiaries);
h)
the operation
of agricultural
machinery
and equipment,
including
irrigation
pumps on site;
i)
the application
offertilizers,
insecticides,
pesticides,
fungicides,
and herbicides,
including
application
by ground and aerial spraying,
for
agricultural
purposes;
j)
the collection,
transportation,
storage,
application,
use transfer
and disposal of
manure;
k)
the abandonment
and reclamation
of
confined
feeding
operations
and manure
storage facilities.
l)
does not include cannabis
cultivation
production
for either
medical or recreational
use.
Alberta Land Stewardship Act (ALSA): The Alberta Land Stewardship Act Statues of Alberta, 2009 Chapter
A-26.8, as amended.
15 l P a g e
Area Structure
Plan (ASP): A statutory
plan in accordance
with the Municipal
Government
Act (MGA) for
the purpose of providing
a framework
for subsequent
subdivision
and development
of an area of land in a
municipality.
The Plan typically provides a design that integrates
land uses with the requirements
for
suitable parcel densities, transportation
patterns (roads), stormwater
drainage, fire protection
and other
utilities across the entire Plan Area.
Conservation
Easement:
A voluntary
agreement
between a landowner
and a conservation
organization
or
government
agency. The intent of the Conservation
Easement is to protect the ecological, scenic, and or
agricultural
values of the land. The agreement
is placed on title, and the landowner
continues
using the
land subject to the specific restrictions
in the easement.
Council(s):
The Council of Kneehill County and the Council of the Village of Carbon in the Province of
Alberta.
Development:
As defined by the Municipal
GovernmentAct
in Part 17, section 616, means
a)
an excavation
or stockpile and the creation of either ofthem;
b)
a building or an addition to or replacement
or repair of a building and the construction
or placing
of any of them on, in, over or underland;
c)
a change of use of land or a building or an act done in relation to land or a building that results in
or is likely to result in a change in the use of the land or building; or
d)
a change in the intensity
of the land or a building or an act done in relation to land or a building
that results in or is likely to result in a change in the intensity
of use of the land orbuilding.
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.
Environmental
Reserve: Regulated through the Municipal
GovernmentAct
(MGA), it is the transference
of
land from the landowner
to the municipality
through
the subdivision
process. The lands can consist of
water bodies, steep slopes, gullies, or drainage courses, and would be required to remain in its natural
state.
Environmental
Reserve Easement:
Similar to an Environmental
Reserve, the ERE however allows the title
to remain under the landowner,
instead of with the Municipality.
Similar restrictions
apply with an
easement,
such that the land would be left in its natural state.
Environmentally
Significant
Areas (ESA): Meaning as defined in each subject Land Use Bylaw.
Extensive Agriculture:
The general raising of crops and grazing of livestock in a non-intensive
nature.
Intermunicipal
Border: The shared border between the Village of Carbon and Kneehill County.
16 I P a g e
Intermunicipal
Development
Plan (IDP): A statutory
document,
adopted
by bylaw in accordance
with
section 631 of the Municipal
Government
Act, which is used by municipalities
as a long-range
planning
tool.
Intermunicipal
Development
Plan Committee
(the Committee):
The members
appointed
by each
respective
Council for the purposes
of administering
and monitoring
the Intermunicipal
Development
Plan.
May: Is an operative
word that means that there is a choice, with no particular
direction
or guidance
intended.
Minor
Amendment:
Amendments
that fall under Section 692(6) of the Municipal
Government
Act.
Municipalities
(the Municipalities):
The municipalities
of the Village of Carbon and Kneehill County.
Municipal
Government
Act (MGA):
The Municipal
Government
Act Revised Statues of Alberta
2000,
Chapter
M-26, as amended.
Municipal
Development
Plan (MDP): A statutory
plan, adopted
by bylaw in accordance
with section 632
of the Municipal
Government
Act and used by municipalities
as a long-range
planning
tool.
Outline
Plan: means a detailed
Land Use plan for an area of land that is typically
smaller
than the land
covered by an Area Structure
Plan and which conforms
to all Statutory
Plans. An Outline
Plan is adopted
by resolution
of Council, Pursuant
to Part 17 of the Act, and is otherwise
equivalent
to a "Conceptual
Scheme"
as described
in the Act.
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 Village of Carbon and Kneehill County Intermunicipal
Development
Plan.
Plan Area: The lands defined
in this document
to which the policies of this document
pertain.
Ratepayer:
A land owner
within the municipality
who pays taxes to the respective
municipality
and is
considered
a stakeholder
in public matter
relating
to the municipality.
Renewable Resource/Energy: means a Development whose Principal Use is the generation of energy for
commercial
or residential
use, from wind, solar, geothermal
or other
sources that do not depend
on finite,
non-renewable
resources
such as fossil fuels.
Shall: In an operative
word that means the action is mandatory.
Should: In an operative
word that means that in order to achieve the Plan's objectives,
it is strongly
advised that the action be taken.
17 l P a g e
6]
Soil Classification:
The classification
of soils in accordance
with the Canadian
Land Inventory
on the basis
of soil survey information,
and are based on intensity,
rather
than kind, of their limitations
for agriculture.
Stakeholder:
A person with an interest
or concern
in matters
pertaining
to this Plan.
Statutory
Plan: As per Part 17 of the Municipal
GovernmentAct,
is an intermunicipal
development
plan, a
municipal
development
plan, an area structure
plan, or an area redevelopment
plan adopted
by a
municipality
under Division 4 of the Municipal
Government
Act.
Subdivision
and Development
Authority:
Within
the boundary
of the Village of Carbon means the Village
of Carbon Subdivision
and Development
Authority,
and within
the boundary
of Kneehill County means the
Kneehill County Subdivision
and Development
Authority.
18 l P a g e
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Soil Classification
Legend
Soil Classifications
CLI
01
- No Significant
Crop
Limitations
2 - Moderate Limitations on Crop Type
ff
3 - Moderate{Severe
Limitations
On Crop Type
b
6 - Capable
of ptoducing
Perennial
Crop
only
e'7" ;J 4 - Severe Limitations
on Crop
Type
7 7 - No
Crop
Capability
ot Permanent
Pasture
Land
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5 - Restricted
Growth
on Perennial
Crops
INTERMUNICIPAL ZONES
7
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ENVIRONMENTAL
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