Intermunicipal Development Plan (IDP) Special Areas/Drumheller Bylaw #05.20
Drumheller, Alberta
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TOWN OF DRUMHELLER
BYLAWNO. 05.20
A Bylaw of the Town of Drumheller in the Province of Alberta, pursuant to the provisions
of the MunicipalGovernment Act, being Chapter
M--26of the Statutes
of Alberta 2000
and amendments thereto. to adopt the Town of Drumheller-Special Areas lntennunicipal
Development
Plan (2020).
WHEREAS Section 631 (1) of the Municipal Government
Act authorizes two or more
Councils to adopt an lntermunicipal
Development
Plan;
WHEREAS the Town of Drumheller and Wheatland County have agreed
to the joint
preparation of the Town of Drumheller-Special Areas lntermunicipal Development Plan;
AND WHEREAS all parties required to be included inthe Plan preparation have been
properly noti?ed in accordance with Section 636 of the Municipal Government
Act;
AND WHEREAS the Councils of the Town of Drumheller and the Special Areas have
held public hearings
pursuant to Section 692 of the Municipal Government Act after
giving notice of it in accordance with Section 606 of the MunicipalGovernment act;
NOW THERFORE the Municipal Council of the Town of Drumheller, duly assembled,
enacts as follows:
1. That this Bylaw shall be known as the "Town of Drumheller-Special
Areas
lntermunicipal
Development
Plan" (as shown in attached Schedule
"A")which is part
of this document.
2. That the Town of Drumheller-Special
Areas lntermunicipal Development
Plan shall
provide the policy framework for future subdivision and development
of the lands
describe therein.
3. That Town of Drumheller Bylaw No. 05.20 shall have force and take effect from the
?nal reading thereof.
READA FIRST TIME this 3"'day of February, 2020.
K4lju'1l¢z)
'
Mayor Heather Colberg
L
Darryl Drohomerski, CAO
READA SECOND TIMEthis 16"'day of March, 2020.
L/r
I25
Mayor Heather Colberg
'
Darryl Drohomerski, CAO
READA THIRDAND FINALTIMEthis 16"'day of March, 2020.
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Mayor Heather Colberg
f
Darryl Drohomerski, CAO
ALBERTA
MUNICIPAL AFFAIRS
O?rrafthrMim'xm-
ML/1.Erlmanmn-- Sam/1Wm!
M|N|STERlAL
ORDER NO. MSD:049l20
I, Kelechi Madu, QC, Minister of Municipal Affairs, pursuant to Section 6(1) of the
Special Areas Act and Sections 587 and 631(1) of the Municipal Government Act,
make the following order:
1' This Order shall be known as the lniermuniclpal Development
Plan
between the Special Areas Board and the Town of Drumheller.
2.
The plan attached hereto is deemed to be part ofthis Order.
Dated at Edmonton, Alberta, this 361%
day of 3im 2
.2020.
Keéchi
Madug
Minister of MunicipalAffairs
132 lcgislnnucBuilding.IOEOD
- 97 Avenue, Edmnmon.Allan-rmTSK Z86 C.1nad.i Telephone730-427-3744Fax 780-432-9550
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BOARDORDER NO. 11/20
WHEREAS, pursuant
to Section 708.28(1) of the MunicipalGovernment Act,
Revised Statutes of Alberta 2000, Chapter M-26, as amended (hereinafter referred to as
"theAct"), provides that municipalitiesthat have common boundaries must create a
framework with each other by April 1, 2020.
I
ANDWHEREAS,Section 708.33(1) of the Act states that in order to create a
]
framework, the municipalities that are to be parties to the framework must each adopt a
i
bylaw or resolution that contains the framework.
AND WHEREAS, the Special Areas Board wishes to adopt an intermunicipal
collaboration framework with Town of Drumheller.
NOW THEREFORE,the Special Areas Board duly assembled, enacts the
following:
i
E
Y
1. That the Intermunicipal CollaborationFramework between the Special Areas Board
l»
3
and Town of Drumheiier, attached as Schedule A and forming part of this Order, be
'
hereby adopted.
This Order shall be effective immediately.
DATEDat Hanna, Alberta
this 10"'day of March,
A.D., 2020.
lntermunicipal
Development
Plan
Special
Town of
Areas Board
Drumheller
Ministerial Order N04MSD: 049/20
Bylaw No_ 0520
Adopted June 26, 2020
Adopted March 16, 2020
Prepared By: Plllisar Raglonnl Mmicipll Services
0
Sp_e9i_a|_._A,r§as_B9§£i
TABLEOF CONTENTS
1
| INTRODUCTION...................................
...................................
...................................
.............
"1
1.1.
Purpose of an lntermunicipal Development Plan... . ..
.
...1
1.1
HlerarclwofP|ansinA|ber'ta..........
.,.1
1.2.
Provincialand Regional Plans in Alberta.
2
1.3.
lDP Legislative Requirernents..
3
1 4
Municipal Profiles
.. .4
2
I IDPAREA.
...5
2.1
Plan Boundary,
5
2.2
Key Characteristics of the IDPArea
5
2 3
Town of Drumheller Population &Vacant LandAnalysis
. . .
..12
24
Town of DrumhellerVacant Land Analysis
3
I IDP DIRECTION& FRAMEWORK.
3.1
lnterpretation...........
. ..
13
3.2
LandUse............
.
3 3
Growth Management
& Annexation
3.4
Agriculture.
35
Servicing and Infrastructure
3.6
Natural Environment & Historic Resources.......
..
.. 16
3.7
Resource Extraction & Energy Development.
3.8
Transportation...
..
3.9
Telecommunication
Towers & Utilities
4
| IDPIMPLEMENTATION&ADMlN|5TRAT|ON ..........................................
...............................
..19
4.1
Circulation and Referral Process...
.
.. 19
4.2
Reviewing, Repealing and Amending the Plan .
43
Dispute ResolutionProcess.
.
...
..
APPENDIXA | DEFINITIONS................................................
................................................
............
..24
LISTOF MAPS
Map 1: IDPArea
Map 2: LandUse Designations
(Zoning).....................
..
Map 3: SoilClassification
Map 4: Historicai& EnvironmentalAreas
Map 5: Energy Faciiitie
LISTOF FIGURES
Figure 1: ProvinclaiPlanning Hierarchy.............
Figure 2: Regional P|ans.....,
Figure 3: Town of Drumheiier Popuiatlon Change .............
Figure 4: Dispute Resolution FlowChart
1
|INT
D
ON
1.1. Purpose
of an lntermunicipal
Development
Plan
The purpose of intermunicipal planning is to establish a long--rangecollaborativeapproach forfuture land
use along municipal borders. The Town of Drumhel|er's
southeastern boundary borders Special Area
No.2, which is administered by the Special Areas Boardjointly with Special Areas No. 3 and No.4 and
referred to collectively as the Special Areas. Landuse decisions made by either municipality within the
vicinity of the shared border may affect and influencethe other. This lntermunicipal Development Plan
(lDP)is a cooperative
planning initiativethat ensures development along this border and land use
decision--mal<ing
occurs in a manner that respects
the interests of each municipality. The overall
objectives of this IDPare to:
-
Ensure development and growth occurs in a sustainable and responsible manner;
-
Establish a coordinated approach to development
and land use decisions along the common
border;
-
Encourage continued communication
between the municipalities;
I
Minimize future land use conflicts;
-
Outline processes for resolving disputes;
and
0
Provide landowners with greater
certainty
of potential land use and future
development within the IDP Area.
1.1
Hierarchy
ofPlans
in Alberta
In accordance with the Municipal Government
Act
(MGA)lDPsare the highest order of municipal
statutory
plan. Alllower order statutory
plans for
a municipality, including a Municipal Development
Plan (MD?)and Area Structure Plans(ASPs) must
be in alignment with any and all lDPs a
municipality has adopted (see Figure 1)
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Figure 1: Provincial Planning Hierarchy
1.2. Provincial and Regional Plans in Alberta
The two main pieces of provinciallegislation that
mandate planning and development
in Alberta are
the Alberta LandStewardship Act (ALSA),and the
Municipal Government
Act (MGA).The ALSA
mandates the legislative authority for Regional
Plans, whilethe MGAprovides the legislative
authority of municipal planning documents
including Intermunicipal Development Plans (lDPS),
Municipal Development Plans (MDPS)and LandUse
Bylaws/Orders(LUBs/LUOS).Additionally, the MGA
mandates a hierarchy of the legal authority of these
planning documents (see Figure 1 Hierarchy of
Plans).
The ALSARegional Plans are developed under the
direction ofthe LandvuseFramework (LUF),The
LUFdividesthe entire province into seven
watersheds and willoversee the creation
ofa
Regional Planforeach of these watersheds (see
Figure 2: Regional Plunsl.There are currently two
Regional Plans that have been completed and
adopted (Lower Athabasca Regional Plan and South
Saskatchewan Regional Plan). The Red Deer
Regional Planwillencompass Special Areas and the
Town of Drumheller.However, this plan has not
been drafted. The overall objective of the Regional
Plans is to set a collaborative approach to managing
our province's land and natural resources to achieve economic,
environmental and socialgoals. All
municipal bylaws, including planning documents, are now required to be in compliance with ALSA
Regional Plans (Regional plans have the highest legislated authority in the hierarchy of planning
documents).
Figure 2: RegionalPlans
Ari IDP falls under the legislative authority of the MGAand is prepared cooperatively and adopted by
Bylaw by each participating municipality. The policy direction outlined in these statutory
plans informs
the regulations and rules regarding appropriate
land uses, subdivisionand development
criteria detailed
in the LandUse Bylaw(LUB)or LandUse Order lLUO)of each municipality.
1.3. IDP Legislative
Requirements
The Municipal Government Act (MGA)mandates the legislative requirements
for |DPs. Section 631 of the
MGA (as amended January 1, 2020) outlines the requirements
for an lDP:
lntermunlcipal Development Plans
631(1) Subject to subsections(2) and (3),2 or more councils ofmunicipalities that have
common boundaries and that are not members ofa growth region as de?nedin section
708.01 must, by each passing a bylaw in accordance with this Part or in accordance with
sections 12 and 692, adopt an intermunicipal development
plan to includethose areas of
land lying withinthe boundariesofthe municipalities as they consider necessary.
(2) Subsection (1) does not require municipalities to adopt an interrnunicipal development
plan witheach other ifthey agree that they do not require one, but any ofthe municipalities
may revoke its agreement
at any time by giving written notice to the other or others, and
where that notice is given
the municipalities must comply with subsection (1) withinone year
fromthe date ofthe notice unless an exemption
is ordered under subsection (3).
(3) TheMinister may, by order, exempt
one or more councilsfromthe requirement
to adopt
an interrnunicipal development plan, and the order may contain any terms and conditions
that the Minister considers necessary.
(4) Municipalities that are required under subsection (1) to adopt an intermunicipal
development plan must have an intermunicipal development plan providingforallofthe
matters referredto in subsection (8) in place by April1, 2020.
[..,]
(8) An intermunicipal development plan
(a) must address
(i) thefutureland use withinthe area,
(ii) the manner ofand the proposals forfuturedevelopment in the area,
(iii)the provision oftransportation
systems for the area, either generally or specifically,
(iv) the coordination ofintermunicipal programs relating to the physical, social and
economic development ofthe area,
(v)environmental
matters
withinthe area, either generally or specifically, and
(vi)any other matter related to the physical social or economic development ofthe area
that the councilsconsider necessary,
lb} must include
(i)A procedure to be used to resolve or attempt
to resolveany conflictbetween 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 ofthe plan
1.4. Municipal Pro?les
Town of Druml-ieller
The Town of Drumhelleris located in the Red Deer River valley in south-centralAlberta spanning an area
of 10,803 hectares 126,694acres), situated between Starland County to the north, KneehillCounty to the
west, Special Areas 2 to the east, and Wheatland County to the south. it is the largest urbanizedcentre
between Calgary and Saskatchewan even though the majority of land lS zoned for agriculturaluse,
offering a diversity of residential options, employment
opportunities,
and way of lifeforthe Town's
population of 7,982 (Statistics Canada, 2016 Census). The Town of Drumhelleris greatly influenced by its
unique landscape made up of rolling fields, steep,
dry coulees, and the Red Deer River. The Town's goal is
to preserve and enhance the natural environment
while accommodating
growth responsibly and
strategically, TheTown is well-known for its tourism industry. In the heart of the Canadian Badlands,
Drumhe||er's
unique scenery and fascinating dinosaur--orientedhistory attracts thousands of people to
the community
each year.
SpecialAreas
Together SpecialAreas comprise one of the largest rural municipalities in the province; broken into three
areas (Special Areas No 2, 3, and 4), with the entire land base being over 20,000 square kilometers.
Special Area No. 2 borders the Town of Drumhelleron its southwest. Special Area No.2 alone is over one
millionhectares
in size, with a population ot1,905
(2016). Whileagriculture is the fundamental economic
activity in the Special Areas, oil and gas production, along with linear properties
(electric generation and
transmission lines, and pipelines]contribute significantlyto the economic
prosperity
of the area.
2
imp
AREA
2.1
Plan Boundary
The shared border between the municipalities is located on the Town of Drumlie|ler's
most south eastern
border, which is east of both the Red Deer River and Highway 10. The mutually agreed upon IDPArea
extends approximately 1.6 km (1 mile) on either side of the shared border (see Map 1: IDPArea) and is
rural in character.
Within the lDPArea, the following economic, environmental and socialconsiderations were examined:
I
Landuse and zoning
I
Transportation
Corridors
I
Residences and urban areas
-
Environmentally Significant Areas
-
Confined Feeding Operations (CF03)
(ESAs)
-
Resource Extraction and Energy
I
Historic Resource Value (HRV)Sites
development
2.2
Key Characteristics
ofthe
IDP Area
The D? Area is characterized by its rural nature that is a mixture of rivervalley and hoodoos landscape
with relatively flat prairie land above the Red Deer River valley. The IDPArea is the farthest removed part
of the Town from its central business and residential areas, being located approximately 15 km from the
Town's main urban areas. For Special Areas the lDPArea is located within its most western
border and
located at the north--southmidway point forthe municipality.
LANDUSEDESIGNATIONS
(ZONING)
The existing land use designations are determined by each municipality's Land Use Bylaw or LandUse
Order and are alldesignated agricultural withinthe Agricultural (A)land use district of both municipalities
as shown on Map 2: LandUse Designations (Zoning).
AGRICULTURAL
LANDUSES
The majority of land within the IDP Area consists of Class 3 through 7 soils. Class 4 through 7 soils are
mainly uncultivated and used for grazing purposes (see Map 3). Class 3 soils in the Plan Area has some
cultivation and related agricultural activities.
RESIDENTIAL
LANDUSES
Residential land use withinthe IDPArea is very limited; however two small settlement
areas, Lehighand
East Coulee, are located just outside the IDP Area. East Coulee is the largest containing approximately
100
dwellings.
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Map 3: SellClasslflccflon
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NATURALENVIRONMENT
&THEREDDEERRIVERVALLEY
The Red Deer River and its dramaticriver valley, complete with fascinating hoodoo formations, is the IDP
Area's major natural feature. The Red Deer Rivervalley portion of the IDP Area includeslands classified
by Alberta Environment and Parksas environmentally
significant, including important
riparian
areas that
provide a wide range of ecological functionsand services that are vital to a healthy functioning landscape
forflora, fauna and human use (see Map 4). The presence of waterfrom
the RedDeer Riverand its
tributaries exist as a fairly rare commodity in an otherwise arid region and requires thoughtful land use
planning.Special considerationsshould be taken for developments
that may impact the river's water
quality and bank stability.
Both municipalities are committed
to protecting
and preserving the environmental aspects of the IDP
Area and agree to conservation
efforts for environmentally significant natural areas that are necessary to
maintain natural processes and healthy physical landscapes |ong~term.
HISTORICRESOURCES
The lDPArea and region is a unique landscape that is rich in cultural, archaeological and palaeological
history and artifacts and contains
sites identifiedby Alberta Culture and Tourism as having Historic
Resource Value (see Map 3). Such sites are subject to the HistoricalResources Act and development
in
and around these sites requires clearance or approval from Alberta Culture and Tourism. The area is well--
known as a destinationfor scientists and tourists interested in the science
of paiaeontology and especially
dinosaurs.
The area's rich history also extends to human habitation of the region. This area has been inhabited by
indigenous peoples forthousands of years. The IDPArea is located withinTreaty 7, which was signed by
the Government
of Canada and five FirstNations:the Siksika(Blackfoot),Kainai lBiood), Piikani(Peigan),
Stoney--Nai<oda,and Tsuut'ina (Sarceei.
TRANSPORTATION
INFRASTRUCTURE
The IDPArea's western
border roughly followsHighway 10, the main north--southhighway through the
Town of Drumheller. Secondary highways 573 and 570 are also in the area. Highway573 is located in the
north portion
of the iDPArea while Highway570 is the southeastern continuation of Highway 10 after
Highway 10 heads directly south just east of EastCoulee.
OIL& GASFACILITIES
Oiland gasfacilities are present
throughout the region and also within the IDP Area (see Map 5).
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11
2.3
Town
of Drumheller Population
& Vacant
Land Analysis
Town of Drumhelleramaigamated with the M.D. of BadlandsN047 in 1988 thereby including additional
hamiets and rural areas into its municipai boundaries. This provided the municipality with a healthy
land base for any anticipated future growth. Between 1996 and 2011 the municipality grew in population
from 7,833 to a high of 8,029 before dropping in 2016 to 7,982 (see Figure 3).
TOWNor DRUMHELLER
POPULATIONCHANGE1995
- 2015
3,029
7,932
7.93
735
1995
2001
Z005
Z011
2016
Figure 3: Tawn ofDlumhe/IerFapuiation Change
2.4-
Town
of Drumheller
Vacant
Land Analysis
An IDPprovides the opportunity to gain an understanding of any future growth requirements
of the
urban municipaiity. The Town of DrumheIier's relatively fiat popuiation growth combined with a desktop
analysis of vacant lands suggests
there is sufficient residentialand nonresidential iand availabiefor the
Town. Thus, the need for annexation is not expected
in the foreseeable future.
12
The following sections take into consideration the key characteristicsof the IDP Area and establish the
overall direction for both municipalities to manage the planning and development of land.
3.1
Interpretation
The followingwords are to be interpreted
throughoutthe
plan as follows:
General Agreement
3. 1 .1
3.1.2
Board:refers to the Special Areas Board.
i
Council: refers to the Town of DrumhellerCouncil.
Shall, require, must, or will:mean that the policy is mandatory;
exceptions
would
require an amendment to the Plan.
Should: always applies to the situation unless it can clearly be identified to the
agreement
of Council and/orthe Boardor the Approving Authority that in the
given situation, the policy is not reasonable, practical or feasible.
May: acknowledges support in principle and indicates that Council and/orthe
Board or the Approving Authority has the discretion to determine the level of
compliance that is required,
Unless otherwise required by the context, words used in the present
tense
include the future tense; words used in the singular includethe plural; and the
word person includes a corporation
as wellas an individual.Unless otherwise
stipulated, the Interpretation
Act, Chapter I-8, RSA2000 as amended, shall be
used in the interpretation
of this bylaw. Words have the same meaning whether
they are capitalized or not.
Allreferences to a specific agency, body, or department were accurate
at the
time of writing. it is understood that agency, body and department names
change from time to time. Allreferences throughout the Planshalltherefore be
considered to be applicable to the current
relevant agency, body or department.
The geographical or relative boundaries or any variable presented
on the maps
contained in this Plan,with the exception ofthe boundariesof the IDPArea,shall
be interpreted
as a rough approximation
and not an accurate
depiction of its
actual or full extension.
13
3.2
Land Use
identifying long term future land uses goals isa legislative requirement
of an lDP and forms one of the
key areas of agreement
and coordination in this plan. Currently, land withinthe IDPArea is designated
(zoned) entirely agricultural and primarily used for extensive agricultural operations.
This dominant
agricultural land use forthe IDParea is not anticipated to change within a short or medium- term
planning time frame. The following land use intentions seek to preserve the overallagricultural character
of the lDPArea and encourage development at a scale and location where it Willnot negatively impact
nor change the predominant
rural characterof the area where appropriate.
The municipalities agree that:
3.2.1
The predominant land use in the IDParea shall be agriculture and grazing.
Non-
agricultural land uses shall be limited in size and scale and only considered in
such areas where they willnot result in significant negative impacts to
agricultural lands or environmentally / historically sensitive areas.
3.2.2
Future land use within the lDPArea shall be aligned withthe Municipal
Development Planfrom the respective municipal jurisdiction that the lands fall
within.
3.2.3
The municipalities shall strive to engage in open communication when
considering land use and development decision-making in the lDP Area and
should discuss any proposed Statutory
Plans, LandUse Bylaws,LandUse Orders
or amendments that may impact the adjacent municipality
3.2.4
Landowned by either municipality within the other municipality'sjurisdiction
shall follow any bylaw, statutory
planning document, land use bylaw or land use
order of the municipality that the land is located in.
3.3
Growth
Management
8:.Annexation
ThisIDPprovides the opportunity
to identify any lands that may be required for annexation and ensure
the Town of Drumhellerhas an adequate
land supply to support future growth. However, through the
population and vacant landanalysis 'itwas identifiedthat the Town currently contains an adequate land
supply to meet short and mid-term future development
demands.
3.4
Agriculture
Agricultural land represents the largest land use in the lDPArea, consisting predominately of activities
associated with extensive agriculture. Extensive agriculture shallcontinue to be the primary use of the
land.
14
The municipalities agree that:
3.4.1
3.4.2
in making decisions on development
issues withinthe IDP Area, both
municipalities shall respect the right of agricultural operators
to pursue normal
activities associated with extensive agriculture without interference or restriction
based on their impact on adjacent uses.
Bothmunicipalities will strive to work cooperatively to encourage
good
neighbourfarming
practices, such as dust, weed and insect control, adiacentto
developed
areas through best management
practices
and Alberta Agriculture
guidelines.
Con?ned Feeding Operations
The municipalities agree that:
3.4.3
It is recognized that approval of Confined Feeding Operations
(CF05) ultimately
lies with the Natural Resources Conservation Board (NRCBJ.Prior to approvals
being given within the iDPArea, both municipalities shall request
that the staff of
the NRCBreview
localplans and policies and consider these in their decision
making.
3.5
Servicing and Infrastructure
Proper servicing of development
is criticalto maintain and improve
quality of life of residents. Further,
coordinating the delivery of infrastructureand services between both municipalities can lead to greater
efficiency and cost savings.
The municipalities agree that:
3.5.1
3.5.2
3.5.3
3.5.4
Efforts to identify and implement cost effective ways of delivering shared
sen/ices that benefit both municipalities and residents are encouraged
Where potential opportunities
to connect
to regional sen/ices are identified,joint
planning should be pursued.
To jointly discuss ways to cooperate with provincial and federal agencies and
utility providers to help facilitate the efficient delivery of infrastructureand
services that are mutually beneficial.
Where municipal servicing is not available, the provision of potable water
and
the treatment
and disposal of wastewater
on all parcels in the iDP Area shall be
the responsibility of individuallandowners or developers, in accordance with
provincial standards.
15
3.6
Natural Environment
& Historic Resources
The lands withinthe DP Area contain Environmentally Significant Areas lESAs)asdefined by Alberta
Environment
and Parks.Additionally, lands withinthe IDPArea may contain important
Historical
Resources. This IDPshould ensure that development
occurs in a mannerthat does not negatively impact
important
historicaland natural landscapes.
NaturalEnvironment
The municipalities agree that:
3.6.1
3.6.2
RedDeer River Basin
Ifan application for development
(including recreational) is located within an
Environmentally Significant Area as defined by Alberta Environment and Parks,a
biophysical or wetland impact assessment
may be required to comply with
provincial policy.
Allapplications for development
located within an ESAin the lDPArea shall be
circulatedto the other municipality for review
and to provide comment.
The municipalities agree that:
3.6.3
3.6.4
Historic Resources
Subdivisionand development in or adjacent to the river valley shall take into
consideration slope stability and soil characteristics
in order to minimizenegative
impacts
to bank stability and the river's water quality. Within flood plains
development
should minimize potential flood damage.
Where the Province of Alberta flood mapping identifies land as either floodway or
flood fringe as defined by the Municipal Government Act the relevant provincial
and municipal regulations and policies shallbe followed to mitigate potential
impacts from development
within flood prone areas,
The municipalities agree that:
3.6.5
3.6.6
Alldevelopment
must comply with the Historical Resources Act and Alberta
Culture and Tourism.
Where development
is proposed on lands listed as having a HistoricalResource
Value IHRV),a HistoricalResource Impact Assessment lHRlA)may be required to
be completed by the developer to the satisfaction of Alberta Culture and
Tourism,
16
3.7
Resource Extraction
& Energy Development
Resource extraction and energy development are important
to the localeconomy. it is important that
resource extraction and energy development
operations
occur in a manner that is compatible with
adjacent land uses and minimizesoffsite impacts to ensure sustainable economic,
environmental
and
social outcomes.
Where a subdivisionor development application is under thejurisdiction of the
municipality (and not the province) the municipalities agree to the following:
3.7.1
3.7.2
3.7.3
3.7.4
When making decisionsregarding a natural resource extraction or energy
development
proposal, both municipalities shall take into consideration impacts
on existing land use, residents, landowners,and future land use in both
municipalities.
Eachmunicipality must be notified ofany resource extraction
or energy
development proposal in the other municipality that Willresult in access being
required from a road under its control or management.
Either municipality may require an agreement
regarding the construction,
repair,
or maintenance ofany municipal roads which may be impacted by resource
extraction or energy development, when the development requires access to
come from the other municipality's road.
The municipalities shall consider the effects of visualintrusion, dust, noise,
traffic, and air and water pollution when evaluating applications for new or
expanded resource extraction
activities including pits, or other extractive
activities, where they maintain jurisdiction,
3.8
Transportation
Efficient and functional transportation
networks are critical to long»range
growth and development within
the lDPArea. Further, the communication
and coordination between both municipalities as wellas
provincial transportation
Jurisdictions
are necessary to ensure efficiency and functionality,
The municipalities agree that:
3.8.1
3.8.2
3.8.3
Municipalities shalljointly consult with Alberta Transportation
to coordinate
planning and development along major roadways and provincial
highways/jurisdictions within the lDP Area.
Roadclosures that may affect both municipalities shall be jointly coordinated,
Information sharing regarding appropriate
practices for road design,
maintenance,
classification,permitting and road bans is encouraged
between
17
3.8.4
3.8.5
municipalities to promote
an efficient and cost effective regional transportation
network.
Each municipality shall be notifiedofany subdivisionor development proposal in
the other municipality that willresult in access being required from a road under
its control or management.
Either municipality may require a developerto
enter into a RoadUse
Management
Agreement
to control traffic, manage dust control or maintenance
issues if access to the development
is required from a road under its control or
jurisdiction.
3.9
Telecommunication
Towers
8: Utilities
It is recognized that the jurisdiction for telecommunication
towers
and utility approvals is outside of the
control of municipalities. However, as the demand forthis infrastructure grows there is potential for
these developments
to have land use impacts. The following policies seek to guide both municipalities
when providing comments to applicants or relevant
agencies
in regard to applications for
telecommunication infrastructure within the lDPArea.
The municipalities agree that:
3.9.1
3.9.2
When providing comments
for a new, expanded or retrofitted
telecommunications tower,
municipalities shall request
telecommunications
companies to co~|ocate
within the DP Area where technically feasible.
Where there is an application fora new, expanded or retrofitted
telecommunications tower within the IDPArea, the municipality within which the
application is located shallreferthe
application to the other municipality for
comment.
18
4
|lDP IMPLEMEN
ON &ADMlNlST
Continuous collaboration and communication
between both municipalities is essential for effective
coordination of land use planning at a regional level and the successful implementation and
administrationof the IDP. The followingpolicies are established with the goal of ensuring effective and
clear processes for communication
and collaboration are established between the municipalities.
4.1
Circulation
and Referral
Process
The following section establishes a clear process for referring subdivisionand development applications,
statutory
and non--statutory planning documents and amendments, and land use related studies with the
objective oiachieving a coordinated approach
to planning and development withinthe IDPArea.
The municipalities agree that:
4.1.1
The following shall be referred by each municipality prior to a public hearing,
meeting or decision:
I.
A proposed Municipal Development Plan(MDP);
ii.
A proposed Area Structure Plan (ASP)or Area Redevelopment Plan (ARP)
within the IDPArea; or a proposed ASPor ARPthat may have an impact
within the IDP Area;
lll.
A proposed new LandUse Bylaw(LUB)or Land Use Order (LUO);
iv.
An amendment to a statutory
planning document or Land Use
Bylaw/Orderwithinthe lDPArea or which may affect the IDPArea;
v.
A proposed mu/tilot subdivisionwithin the IDP Area;
Vi.
A development application for a Discretionary Use within the IDPArea;
vii.
Any other development that may be deemed by one or both
municipalities to have an impact on land within the IDPArea.
4.]
.2
Applications received from the Natural Resources Conservation Board (NRCB)for
Con?ned Feeding Operation approvals located within the lDPArea shallbe
referred by each municipality.
4.1.3
lfeither municipality is in receipt
ofa notice ofapplication for a new or expanded
pit within the IDPArea, they shallforward a copy of the notice to the other
municipality.
4.1.4
Where there is an application for a new, expanded or retrofitted
telecommunicationstower within the lDPArea, the municipality receiving the
application shall notify the other municipality to seek their comments.
19
Tlmelines
The municipalities agree that:
4.1.5
From the date that a municipality receives
a referral, the municipality willhave
the following tirnelines to review and provide comments:
i.
15 calendar days for development applications;
ii.
30 calendar days for subdivisionapplications and allother intermunicipal
referrals.
4.1.6
A municipality that has received a referral may request an extension of the initial
review period. Ifan extension of the review
period is granted, it shallbe
communicatedin writing.
4.1.7
ifthe municipality receiving the referral has not replied within the stipulated
timeiine, it will be determined that the municipality has no comments or
concerns regarding the application.
4.1.8
Should any concerns arise through the referral process that cannot be resolved
between the two administrations,
the dispute resolutionprocess (Section 4.3 of
this bylaw) shall be initiated.
4.2
Reviewing,
Repealing
and Amending the Plan
Regular review of the IDPis important
to ensure the principles and directions agreed upon remain current
and are responsive to localchange. For this plan to remain relevant and function effectively, amendments
to the Plan may be necessary from time to time. The following agreements
outline the process for
reviewing, amending and repealing the Plan.
Reviewing the Plan
The municipalities agree that:
42.1
The IDPshould be reviewed every 10 years from the date the Planwas adopted
by both municipalities. The review shall be completed
in conjunction with
administration from both municipalities and may includePalliserRegional
Municipal Services.
4.2.2
When a new MDP for either municipality is adopted, a review
of the lDPshould
be undertaken to ensure consistency
with the MDP policies.
20
Amending the Plan
The municipalities agree that:
4.23
The Planmay be amended
as seen fit and mutually agreed upon by both
Municipalities. Any amendments to the plan must be adopted by Council and the
Board/Minister.
4.2.4
Should any disagreements arise with an amendment to the Plan, the dispute
resolution process (Section 4.3 of this bylaw) shall be initiated.
4.2.5
Proposed amendments to this Plan by parties other than the Town of Drumheller
or Special Areas shall be accompanied by the following:
a)
An application to amend the Special Areas lDP Ministerial Order submitted to
municipality or their representative
agency (e.g. PalliserRegional Municipal
Services) along with the applicable fee for processing amendments to a
statutory
document; and
b)
An application to amend the Town ofDrumhe||er
lDP bylaw submitted
to the
municipality or their representative
agency (e.g. PalliserRegional Municipal
Services) 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 IDPno longer relevant, the bylaws adopting the IDP
willneed to be repealed by both municipalities. However, an IDPis a mandatory
requirement
under the
MGA unless the municipalities mutually agree that an IDPis not required (MGAs. 631 as amended
January 1, 2020).
The municipalities agree that:
4.2.6
The Planshallonly be repealed if mutually agreed upon by both municipalities.
4.2.7
Should only one municipality wishto repeal the Plan, 60 days' notice willneed to
be given
to the other municipality stating the intent and reasons for repealing
the Plan. Both Council and the Board must pass the bylaw repealing the Planand
either adopt a new lDPor mutually agree that an IDPis not required for the
repeal to take effect.
4.2.8
Should only one municipality wish to repeal the plan, the dispute resolution
process
(Section 4.3 of this bylaw) shallbe initiated.
21
4.3
Dispute Resolution Process
Adopting a dispute resolution process is a requirement
under Part 17 of the MGA.The intent of a dispute
resolution process is to resolve, or attempt
to resolve, any conflicts between municipalities. Byfollowing
the process below disputes can be avoided, or where necessary,
resolvedthrough facilitated mediation.
The process provides the two municipalities the opportunity
to come to a resolution at the municipal
level. Ifa resolutioncannot be achieved, the matter couldbe resolved through arbitration and/orbrought
before the Municipal Government
Board.
The municipalities agree that:
4.3.]
4.3.2
4.3.3
4.3.4
4.3.5
4.3.6
4.3.7
4.3.8
Both municipalities shall be responsible for documenting and maintaining
records of all meetings and exchanges throughout the dispute resolution
process.
Administration from each municipality shallensure the facts of the issue have
been thoroughly investigated and information is made availableand transparent
to both parties.
Costs incurred through the dispute resolution process shall be shared equally by
both municipalities.
Notifying and engaging any affected parties or members of the public willbe at
the discretion of each municipality. Eachmunicipality shallensure they are
meeting
requirements
and processes outlined in relevant public participation
policies for notifying and engaging members of the public or affected parties.
Should mediationbe required through the dispute resolution process; the
powers and responsibilities of the mediator willbe limitedto providing
recommendationsto both municipalities.
Should arbitration be required through the dispute resolution process; every
order of an arbitrator
is final and binding on all parties.
In the case of a dispute involving the adoption of a statutory
plan, LandUse
Bylaw/Orderor amendment to such, an appeal may be filled without prejudice,
within 30 days of adoption to the Municipal Government Board, in accordance
with Section 690 (1)ofthe MGA so the provincial statutory
right and timeframe
to appeal is not lost.
An appeal may be withdrawn if an agreement
is reached between the two
municipalities prior to the Municipal Government Board meeting.
22
Dispute ResolutionProcess
4.3.9
When the administration ofa municipality identifiesa potential issue, either
party
may give written
notice to the other identifying the areas of conflict,
initiating the dispute resolution process.
4.3.1
0
Once notice of the conflict has been received, both municipalities shall
discontinue any actions pertaining
to the matter
in disagreement
until a
resolution has been determined.
4.3.11
Within 15 days of receiving
written
notice of an identi?ed conflict, a meeting
shall be convened between the respective
administrations directly involved in
the matter
to attempt
to come to a solution. Thiswillgenerally include a
member of planning staff and the CAOSof each municipality. if a solution to the
disagreement
is reached, then staff from each municipality shall take the
necessary steps to implement the resolution.
4.3.1 2
Within 15 days of Administrations being unable to resolve the disagreement, a
meeting
shall be convened between
administrations
from both municipalities,
the Boardand Council to discuss possible resolutions and attempt
to reach
consensus on the issue.
4.3.13
Should the Boardand Council be unable to resolve the matter
within 30 days, a
formal mediation process
to facilitate resolution of the issue shall be initiated.
The facilitated mediation process will involvetwo Council members,
two Advisory
Council members and a member ofadministration
from each municipality, as
well as a mediator mutually agreed upon by both municipalities. The
representatives
from the municipalities willbe decided at the time of mediation.
4.3 .1 4
Ifthe dispute resolution process is not completed within one year from the date
the notice of the dispute is given, either municipality may request
the Minister to
appoint an arbitrator pursuant
to the regulations outlined
in the Municipal
Government Act.
Dispute Resolution FlowChart
Miirii :ip.il
Liuvizi lllli
mi
ll:-ivii
Filean AppealWithout Pre]ud|o2-MGASec. 690 (1)
Figure 4: Dispute ResolutionFlowChart
23
APPENDIX A lDEFIN
Adjacent Land(s):Landthat abuts or is contiguous
to the parcel of land that is being described and
includes land that wouldbe contiguous if not for a highway, road, lane, walkway, watercourse,
utility lot,
pipeline right-of--way,power line, railway or similarfeature and any other land identifiedin a land use
bylaw as adiacentfor the purpose of notifications under the Municipal Government
Act, RevisedStatues
of Alberta 2000, M26 with amendments.
AgriculturalOperation: If not defined in the municipality's LandUse Bylaw, it is an agricultural activity
conducted on agricultural landfor gain or reward or in the hope or expectation of gain or reward, and can
include, but is not limitedto:
a)
the cultivation of land;
b)
the raising of livestock, including game-production animals within the meaning ofthe "Livestock
Industry Diversification Act"and poultry;
c)
the raising of fur--bearinganimals, pheasants or fish;
dl the production of agricultural field crops;
e)
the production of fruit, vegetables,
sod, trees, shrubs and other specialty horticulturalcrops;
fl
the production of eggs and milk;
g)
the production of honey (apiaries);
hi 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;
jl
the collection,transportation,
storage,
application, use transfer and disposal of manure;
k)
the abandonment and reclamation of confined feeding operations
and manure storage
facilities.
AlbertaLandStewardship Act (ALSA):The Alberta LandStewardship Act Statues of Alberta, 2009 Chapter
A~26.8, as amended,
Area Structure Plan(ASP):A statutory
plan in accordance with the MunicipalGovernment Act (MGA)for
the purpose of providing a framework for subsequent
subdivisionand development
ofan area of land in a
municipality. The Plantypically provides a design that integrates land uses withthe requirements
for
suitable parcel densities, transportation
patterns
(roads), stormwater
drainage, fire protection and other
utilitiesacross the entire Plan Area.
Con?ned Feeding Operations (CFO):An activity on land that is fenced or enclosed or within buildings
where livestockis confinedfor the purpose of growing, sustaining, finishing or breeding by means other
than grazing and requires registration or approval under the conditions set forth in the Agricultural
Operation Practices Act (AOPA),RevisedStatues of Alberta 2000, Chapter A»7, as amended from time to
time, but does not include residences, seasonal feeding and bedding sites, equestrian
stables, auction
markets, race tracks or exhibition grounds.
24
Development: As de?ned by the Municipal Government
Act in Part 17, section 616, means
a)
an excavation
or stockpile and the creation
of either of them;
b)
a building or an addition to or replacement or repair of a building and the construction
or placing
of any ofthem on, in, over or under land;
c)
a change of use of land or a building or an act done in relation to land or a building that results in
or is likely to result in a change in the use of the land or building; or
d)
a change
in the intensity of the land or a building or an act done in relation to land or a building
that results in or is likely to result in a change in the intensity of use of the land or building.
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.
Environmentally Signi?cant Area (ESA)means an area de?ned by AlbertaEnvironment and Parksas being
environmentally signi?cant.
ExtensiveAgriculture: means systems
of tillage and grazing on large areas of land by the raising of crops
or the rearing of livestockbut does not include confined feeding or intensive livestockoperations
and
may be either separately or in conjunction
with one another and includes buildings and otherstructures
incidental to the operation but does not include residential buildings.
Resourceextraction: Use of lands that are governed by the location ofa natural resource such as, but not
limitedto, sand and gravel, oil and gas, or logging whichinvolves the extraction
or onsite
processing
and/orstorage
of a natural resource
HistoricalResourceValue (HRV):Lands that contain or are believed to contain "historic resources" as
defined in the Historical Resources Act, including primarily archeological and paleontological sites,
Aboriginal traditional use sites ofa historic resource nature, and historic structures.
Intermuniclpal Development Plan(IDP):A statutory
document,
adopted by bylaw in accordance with
section 631 ofthe Municipal Government
Act, which is used by municipalities as a |ong--rangeplanning
tool.
Multi-lotsubdivision:A subdivisionof land that will create
two (2) or more new lots.
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--rangeplanning tool,
Natural Resource Conservation Board(NRCB):The Natural Resources Conservation Board is responsible
for reviews of proposed major natural resource projects, and for the regulation of confined feeding
operations
in Alberta.
25
Permitted Use: The use of land or a building in a land use district for whicha Development Authority shall
issue a development
permit with or withoutconditionsproviding allother provisions of the Bylaware
conformed with.
Plan:TheTown of Drumhellerand Special Areas intermunicipal Development Plan.
IDPArea: The lands defined in this document on Map 1: lDPArea noted as "lDPArea".
Pit(s): means any opening in, excavation in orworking
of the surface or subsurface made for the purpose
of removing sand, gravel, clay or marl and includes any associated infrastructure,
but does not include a
mine or quarry. Alberta Environment and Parks categorizes
and regulates pits as follows:
Large (Class llPits
-- Class l pits are 5 hectares or more in area
Small (Class II)Pits
-- Class ll pits are less then 5 hectares in size on private land
ProvincialHighway: A road development
as such by MinisterialOrder pursuant
to the Highway
Development and Protection Act, Alberta Regulation 326/2009.
SoilClassi?cations:The classificationof soils in accordance with the Canadian Landinventory on the basis
of soil survey information, and are based on intensity, rather than kind,of their limitationsfor agriculture.
Class 1 --Soilsin this class have no significant limitations in use for crops.
Class 2 ~Soils in this class have moderate limitationsthat restrict the range of crops or require
moderate conservation practices.
Class3
- Soils in this class have moderately severe limitationsthat restrict the range of crops or
require special conservation
practices.
Class 4
-- Soils in this class have severe limitationsthat restrict the range of crops or require special
conservation
practices.
Class 5
-- Soils in this class have very severe limitations that restrict their capability in producing
perennial forage crops, and improvement
practices are feasible. Class6 --Sollsin this class
are capable only of producing perennial forage crops, and improvement
practices are not
feasible. Class 7 --Soi|s
in this class have no capacity for arable culture or permanent
pasture land
Statutory Plan:As per Part 17 of the Municipal Government
Act, is an intermunicipal development
plan, a
municipal development
plan, an area structure
plan, or an area redevelopment
plan adopted by a
municipality under Division 4 of the Municipal Government
Act.
TelecommunicationsTower: means a structure
designed to support antennas
for telecommunications
and broadcasting and may include television, cellular phone, or wireless internet
or radio signals.
26