Intermunicipal Development Plan Bylaw - Olds 19/20 — full text

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MOUNTAIN VIEW COUNTY BYLAW NO. 19/20 Schedule A INTERMUNICPAL DEVELOPMENT PLAN BETWEEN MOUNTAIN VIEW COUNTY AND THE TOWN OF OLDS Consolidated Version (Bylaw 05/22) May 25, 2022 Intermunicipal Development Plan Bylaw No. 19/20 Mountain View County & Town of Olds Intermunicipal Development Plan Bylaw No. 19/20 amended by the following: Bylaw No. 05/22 as of May 25, 2022 Intermunicipal Development Plan Bylaw No. 19/20 MOUNTAIN VIEW COUNTY and TOWN OF OLDS INTERMUNICIPAL DEVELOPMENT PLAN Document History Draft for ICC Review March 2022 Approved by Council - September 2020 Edited for Public Input and ICC Review in September 2020 Edited based on ICC Review on June 17, 2020 Draft for Joint Council Review sent May 29, 2020 Intermunicipal Development Plan Bylaw No. 19/20 TABLE OF CONTENTS A. Introduction .................................................................................................................. 4 B. IDP Goals ....................................................................................................................... 4 C. IDP Interpretation ......................................................................................................... 5 D. IDP Area and Map 1 ...................................................................................................... 6 E. Town of Olds ................................................................................................................. 8 F. Urban Fringe ................................................................................................................. 8 G. Agricultural Growth Area .............................................................................................. 9 H. College Area ................................................................................................................ 10 I. Referral Area ............................................................................................................... 11 J. Water and Wastewater Services ................................................................................ 11 K. Drainage ...................................................................................................................... 11 L. Transportation Systems .............................................................................................. 12 M. Entranceway Corridor ................................................................................................. 12 N. Utility Corridors ........................................................................................................... 12 O. Economic Development .............................................................................................. 13 P. Annexation .................................................................................................................. 14 Q. Referral and Circulation Process ................................................................................. 15 R. Plan Administration and Implementation .................................................................. 16 Inter-municipal Cooperation Committee (ICC) ........................................................ 16 Approving Authorities .............................................................................................. 17 Plan Amendments .................................................................................................... 17 Plan Review .............................................................................................................. 18 Procedure to Repeal ................................................................................................ 18 Dispute Resolution Process...................................................................................... 18 Map 1 ................................................................................................................................. 7 Intermunicipal Development Plan Bylaw No. 19/20 4 A. INTRODUCTION 1) The Town and the County have agreed to prepare and adopt an intermunicipal development plan (IDP) as described in the Municipal Government Act. 2) The Town and the County have agreed to enter into the Town of Olds and Mountain View County Inter-Municipal Cooperation Master Agreement (Master Agreement) relating to the sharing of costs for the provision of services by the Town to the residents of the County and for the sharing of revenue in exchange for the extension of water and wastewater services by the Town to the County. 3) The Master Agreement constitutes the Intermunicipal Collaboration Framework (ICF) between the Town and the County that is required under the Municipal Government Act. 4) Together, the IDP and the Master Agreement form the basis of cooperative efforts between the Town and the County to serve the needs of their communities. 5) In preparing the IDP, the Town and the County recognize that all municipalities are equals and have: a) the right to growth and development; and b) the right to plan and build the type of community desired by their residents and ratepayers in accordance with their respective Municipal Development Plan. 6) The purpose of the IDP is to: a) provide a policy framework for planning matters requiring coordination between the Town and County, such as future land uses, environmental matters, and transportation and infrastructure planning; and b) provide processes for ongoing communication, cooperation, decision making and, if needed, dispute resolution related to land use planning matters in the IDP area. B. IDP GOALS 1) To reinforce and enhance the positive and mutually beneficial relationships between the Town and County recognizing that the town and surrounding rural areas function as one diverse, mutually supporting community; 2) To achieve a common purpose for growth and development in the area around Olds which recognizes the importance of agricultural preservation, supports intermunicipal agreements, and is consistent with cooperative initiatives in the effective and efficient provision of municipal services; Intermunicipal Development Plan Bylaw No. 19/20 5 3) To encourage dialogue to reduce the potential for land use conflicts and foster a better understanding of each other's interests and views on land use planning matters while considering the effects that development in one municipality might have on the other; 4) To confirm future Town growth directions and land requirements and protect the identified areas in the IDP to enable the efficient, orderly and economical expansion of the Town; 5) To establish a direction for attracting new economic opportunities and improve existing opportunities to secure a long-term economic base for the region; 6) To provide for effective coordination of transportation systems and protection of required land for future road network developments; and 7) To plan for utility corridors to support future growth and development of the IDP area, and to ensure oil and gas development/pipelines do not inhibit or restrict the future development of the region. C. IDP INTERPRETATION 1) This IDP contains "shall", "should" and "may" policies which are interpreted as follows: a) "shall" policies must be complied with, b) "should" policies mean compliance in principle is required but it is subject to the discretion of the applicable authority on a case by case basis, and c) "may" policies indicate support in principle but it is subject to the applicable authority determining the level of compliance that is required. 2) In the hierarchy of statutory plans, the policies of the IDP shall take precedence over any other municipal statutory plan and document except where the IDP specifically defers to the policy direction provided under a more detailed, adopted statutory plan or Land Use Bylaw. Intermunicipal Development Plan Bylaw No. 19/20 6 D. IDP AREA AND MAP 1 1) The lands that are subject to the policies and agreements under the IDP are shown on Map 1. The IDP Area includes all lands identified as: a) Urban Fringe; b) Agricultural Growth Area; c) College Area; and d) Referral Area. 2) Map 1 also breaks the IDP Area into different categories with each category subject to different policies and long term expectations. The categories and symbols shown on Map 1 and their meaning are as follows: "Town of Olds" means the area falling within the present boundaries of the Town and consisting of existing built areas and lands available to accommodate growth over the next 20-30 years. "Urban Fringe" means that area in the County that shall be set aside to accommodate future town expansion and shall be annexed to the Town as the Town's need for additional residential, commercial and industrial lands emerges and can be justified. "Agricultural Growth Area" means the areas in the County that shall be set aside for agricultural uses and agriculture support uses that are important to the area's agricultural industry or other complementary uses requiring rail access. This area is not intended to be annexed by the Town. "College Area" means the lands owned by the College, in the Town and County, where the Town and County wish to pursue further discussions with Olds College before establishing specific policies in the IDP. "Referral Area" means that area in the County that is not meant to accommodate future Town expansion or be annexed to the Town and where planning matters shall be referred to the Town to ensure coordination of planning and servicing decisions. 3) The role and expectations of each category assigned under Map 1 is described in greater detail in the sections that follow. Intermunicipal Development Plan Bylaw No. 19/20 7 Map 1 Intermunicipal Development Plan Bylaw No. 19/20 8 E. TOWN OF OLDS 1) The Town of Olds area shown on Map 1 contains the lands that are within the present boundaries of the Town. 2) With the exception of the portion of the College Lands located in the Town of Olds area, the policies of the IDP do not apply to lands within the Town of Olds. 3) The future intended uses for the Town of Olds area are found in the Town of Olds Municipal Development Plan. F. URBAN FRINGE 1) The Urban Fringe is those lands within the County that have been identified for future Town growth beyond the Town's current boundaries. The selection of the Urban Fringe areas is based on the projected land area needed for the Town to be able to grow to a future population of 36,000 (expected in 2076 based on current projections). When the Urban Fringe area is added to the lands available in the current Town boundaries (Town of Olds area on Map 1) it provides for approximately 60 years projected Town residential growth, 50 years projected Town commercial growth and 70 years projected Town industrial growth. (Bylaw No. 05/22) 2) The Urban Fringe shall be the priority areas for future annexations by the Town. It is expected that the Urban Fringe will be annexed to the Town in blocks (one or more quarter sections at a time) based on justified need for additional residential, commercial and industrial lands in accordance with Section P of this IDP. The timing and identification of portions of the Urban Fringe for future annexations shall be determined through consultations between the Town and County. (Bylaw No. 05/22) 3) To preserve large blocks of land for efficient, economical design as part of a future urban area and to avoid impeding the ability of the Town to grow, subdivision and development in the Urban Fringe shall be limited. 4) Use and development of the lands identified as Urban Fringe on Map 1 shall be based on the current designations under the County's Land Use Bylaw that are in place as of the date the IDP is adopted. With the exception of the items under clause 6, changes in land use designation to allow for non-agricultural uses shall not be approved. 5) The approval of subdivision of the lands identified as Urban Fringe on Map 1 shall be limited to applications involving a first parcel out in the form of a fragmented parcel, or a farmstead separation, or a vacant country residential parcel, or an Intermunicipal Development Plan Bylaw No. 19/20 9 agricultural parcel in accordance with the Agricultural Land Use Policies of the County's Municipal Development Plan. 6) Changes in land use designation for lands identified as Urban Fringe on Map 1 shall only be approved to facilitate first parcel out subdivisions in accordance with the Agricultural Land Use Policies of the County's Municipal Development Plan. 7) No new or expanded confined feeding operations shall be permitted within the Urban Fringe areas shown on Map 1. 8) The future intended uses for the Urban Fringe, once annexed into the Town, are found in the Town of Olds Municipal Development Plan. The land uses shown in the Town's Municipal Development Plan do not apply and have no direct bearing on planning approvals until the lands have been annexed into the Town's jurisdiction. G. AGRICULTURAL GROWTH AREA 1) The Agricultural Growth Areas shown on Map 1 are centered on the existing grain elevators and rail transhipment facilities that are north and south of Olds. These facilities are critical to the area's agricultural operations and agricultural economy. 2) The Agricultural Growth Areas shall be set aside for expansions of the current agricultural support facilities and the addition of new agricultural support uses or complementary uses requiring rail access. 3) Until such time as an area structure plan has been prepared for each of the Agricultural Growth Areas shown on Map 1, uses and development in each area shall be based on the current designations under the County's Land Use Bylaw and the current policies and land uses assigned under the County's Municipal Development Plan. 4) The process to prepare an area structure plan and the contents of the area structure plan shall be based on the requirements of the County's Municipal Development Plan and related planning policies. 5) As the Urban Fringe area and other lands that are adjacent each of the Agricultural Growth Areas is planned, subdivided and developed, suitable transition between uses shall be provided so that potential land use conflict does not limit the ability of the agricultural uses and agricultural support uses to operate or expand. 6) The Agricultural Growth Areas shall not be annexed into the Town of Olds. Intermunicipal Development Plan Bylaw No. 19/20 10 H. COLLEGE AREA 1) The College Area shown on Map 1 contains the lands that are owned by Olds College within the Town of Olds and within Mountain View County and form the main campus area. 2) The College Area is of interest to both municipalities in terms of: a) ensuring the ongoing success of a key public institution that benefits the larger community; b) coordinating planning decisions as uses and activities on and around the College lands change; and c) coordinating ongoing municipal service delivery to the College lands and the public on the College lands such as emergency services, municipal utilities, maintenance of access roads, etc. 3) The Town and County recognize the need to increase communication with the College. The proposed approach to achieve this shall be as follows: a) the Town and County shall invite Olds College to participate in regular annual meetings that would serve as the main forum to identify issues and opportunities of interest to any of the parties; b) the Town and County shall propose that these meetings be attended by: (i) the Inter-Municipal Cooperation Committee or ICC appointees from the Town and County and senior administrator (or designates) of each municipality; and (ii) 3 or more representatives of Olds College with at least one representative being an executive member; c) the Town and County shall propose holding additional meetings as needed. 4) The Town and County shall recommend that the College uses a Campus Master Plan to further understanding of the long term land use and servicing implications that may need to be coordinated between the Town and County. (Bylaw No. 05/22) 5) Use and development of the College Area within the Town of Olds shall be based on the land use designations under the Town of Olds Land Use Bylaw. Use and development of the College Area within Mountain View County shall be based on the land use designations under the County's Land Use Bylaw. Intermunicipal Development Plan Bylaw No. 19/20 11 I. REFERRAL AREA 1) The Referral Area shown on Map 1 identifies lands that are not intended to accommodate Town growth within the 50 -70 year horizon of this IDP. Planning matters such as proposed changes in land use and subdivision shall be referred to the Town to enable coordination of planning and servicing decisions that will be made for the adjacent Urban Fringe areas or Town of Olds areas. (Bylaw No. 05/22) 2) Use and development of land within the Referral Area shall be based on the present land use designations under the County's Land Use Bylaw and the land uses and policies assigned under the County's Municipal Development Plan. 3) An area structure plan shall be required for any residential subdivision creating more than 3 lots or an industrial or commercial subdivision creating more than one industrial or commercial lot. The process to prepare an area structure plan and the contents of the area structure plan shall be based on the requirements of the County's Municipal Development Plan and related planning policies. 4) No new or expanded confined feeding operations shall be permitted within the Referral Area. J. WATER AND WASTEWATER SERVICES 1) The County may apply to the Town for connection to water and wastewater services for new developments within the Urban Fringe, Referral Area or the Agricultural Growth Area that require these services. 2) The Town agrees that all development within the Urban Fringe, Referral Area or Agricultural Growth Area shall be permitted to connect to the Town's water and wastewater services based on agreement under the Master Agreement. If an application for connection to Town water and/or wastewater is made a sub- agreement shall be developed. K. DRAINAGE 1) The Town and County agree to manage storm water run-off and drainage issues as development occurs in their respective jurisdictions so that lands in either municipality are not negatively impacted by changes in drainage volumes and patterns. 2) The Town and County recognize that storm water management facilities located in the Town and located in the County may require shared outfall routes and rights of way to reach an acceptable receiving body that meets Alberta Environment and Intermunicipal Development Plan Bylaw No. 19/20 12 Parks requirements. The Town and County agree to work together to secure outfall routes that may benefit both municipalities. L. TRANSPORTATION SYSTEMS 1) The Town and County shall share information to ensure a safe and efficient transportation network can be developed and maintained to service the residents and businesses within the IDP area. 2) The Town and County may work with Alberta Transportation to establish a Highway Vicinity Management Agreement that facilitates intersections along Highway 27 and Highway 2A to give access to commercial and industrial areas. 3) Both municipalities shall coordinate the planning of major transportation links. Where these links involve Provincial highways the two municipalities shall work in concert with Alberta Transportation. 4) Both municipalities shall share their respective capital plans for transportation improvements to coordinate road upgrades. 5) As subdivision occurs, lands required for future transportation corridors shall be protected. This may take the form of dedication of road right-of-way, registration of land acquisition agreements on title, additional building setback requirements, or a combination of these measures. M. ENTRANCEWAY CORRIDOR 1) Both the Town and County shall consider the impact developments may have on the aesthetic appearance of the entrance corridors to the Town. 2) The County shall apply the Land Use Bylaw and Business, Commercial and Industrial Design Guidelines when considering new development permit applications. N. UTILITY CORRIDORS 1) The Town and County acknowledge that future development within the area is dependent on access to water and wastewater services. The Town and County agree to work together to ensure the corridors for the Mountain View Regional Water Services Commission and the South Red Deer Regional Wastewater Commission are protected. Intermunicipal Development Plan Bylaw No. 19/20 13 2) The Town and County also acknowledge that the development of the oil and gas industry has played an integral part in the development of the region. The Town and County shall endeavour to work with the oil and gas industry to ensure that the orderly development of the area is not unduly restricted by the development of oil and gas infrastructure, including pipelines. 3) The County and the Town shall work together to protect municipal utility corridors. O. ECONOMIC DEVELOPMENT 1) The municipalities have agreed to work together to promote and support economic development that is good for both municipalities. 2) Both municipalities shall work towards diversification of local economic sectors to increase employment opportunities and increase the size of the non-agricultural and non-residential assessment base. Activities that are not related to the oil and gas sector, such as value added agriculture, value added manufacturing or processing of resources, and tourism, shall be strongly encouraged in addition to accommodating ongoing investment in the oil and gas sector. 3) Through their respective Municipal Development Plan, the Town and County shall ensure that their combined land use patterns provide a suitable inventory of lands for commercial and industrial development. This includes a range of choice for potential commercial and industrial activities in terms of parcel sizes, access and visibility along major travel corridors, available municipal services, and levels of servicing. 4) While a broad range of commercial and industrial (which includes value-added agriculture) uses and development is desirable, those uses and developments which may detract from the community's character, quality of life for area residents, unduly impact on the environment, or cause negative social implications may not be allowed. Intermunicipal Development Plan Bylaw No. 19/20 14 P. ANNEXATION 1) The County recognizes and agrees that annexation of lands from the County by the Town to provide additional land for Town growth shall be needed from time to time. 2) Either municipality may put forward an annexation proposal. 3) Where annexation is proposed by either municipality, efforts shall be made to ensure that affected landowners, meaning those whose land is proposed to be transferred to the Town jurisdiction, are notified prior to the general public. 4) Annexation proposals shall be reviewed by the ICC prior to submission of a Notice of Intent to the respective Councils and the Municipal Government Board. 5) If deemed necessary by the ICC, at least one joint meeting of the two Councils to discuss the rationale for the annexation shall be held prior to submission of the annexation application to the Municipal Government Board. 6) The Town and County shall endeavour to reach an inter-municipal agreement on the annexation prior to submitting the annexation to the Municipal Government Board. 7) In evaluating the appropriateness of an annexation proposal, the following criteria shall be taken into account and documented in a supporting report: a) justifiable based on projected growth rates reflecting historic trends or anticipated economic stimulus; b) availability and cost of providing municipal services including consideration of economies of scale related to the financing of municipal service extensions; c) adequacy of transportation systems and ability to expand to accommodate demands resulting from annexation including consideration of economies of scale related to the financing of transportation infrastructure; d) landowner interest in pursuing development and as high a degree of concurrence among affected landowners as possible; e) measures to mitigate the impacts of annexation relating to such aspects as change in taxation levels, service provisions and treatment of and continuation of existing, approved uses and development; f) consistency with adopted statutory plans; g) logical extension of jurisdictional boundaries including consideration of long term responsibilities for maintenance and service delivery and the establishment of rational planning units or boundaries; h) the financial impact on both municipalities and any means of mitigating impacts; and Intermunicipal Development Plan Bylaw No. 19/20 15 i) legislation as provided for in the Municipal Government Act Section 76 and the Municipal Government Board's Annexation Principles. Q. REFERRAL AND CIRCULATION PROCESS 1) Notwithstanding that the policies of the IDP only apply to the lands contained within the IDP Area, the Town of Olds agrees to refer planning matters to the County. The matters to be referred shall include: a) subdivision applications; b) land use bylaw amendments and re-designations; c) new area structure plans or amendments to an existing area structure plan; d) new area redevelopment plans or amendments to an existing area redevelopment plans; and e) amendments to the Town's Municipal Development Plan; where the lands subject to one or more of the items listed above is adjacent the Town boundary or is within the College Area shown on Map 1. 2) The County agrees to refer planning matters to the Town. The matters to be referred shall include: a) subdivision applications; b) land use bylaw amendments and re-designations; c) new area structure plans or amendments to an existing area structure plan; d) new area redevelopment plans or amendments to an existing area redevelopment plans; and e) amendments to the County's Municipal Development Plan; where the lands subject to one or more of the items listed above is within the Urban Fringe, Agricultural Growth Area, College Area, or Referral Area shown on Map 1. 3) The Town and County have agreed that they shall not refer development permit applications to each other. 4) Circulations shall be sent to each Administration with the expectation that comments shall be provided from an Administrative perspective. Each municipality shall offer comments from the perspective of specific implications that have a high likelihood of affecting their own planning efforts around land uses, development, and infrastructure. General observations and advice on issues that have no bearing on the planning efforts of the commenting municipality shall be avoided. 5) The Administration receiving the circulation shall be given at least 14 calendar days to submit their comments and shall make their comments in writing within the 14 calendar day period. The CAO of the municipality sending the referral may Intermunicipal Development Plan Bylaw No. 19/20 16 agree to an extension of the review period and where an extension is provided it shall be communicated in writing. 6) When issues are raised through the referral and circulation process, they shall be addressed using the process steps described below. While these steps are underway, the municipality having jurisdiction over the matter should not proceed with making a decision. Step 1: Once an issue is identified, the Administration of the municipality having jurisdiction shall provide the other municipality's Administration with all available information concerning the matter. Step 2: The Administration of the commenting municipality shall evaluate the matter and provide written comments to the other municipality. Step 3: Every attempt shall be made to discuss the issue with the intent of arriving at a mutually acceptable resolution. Step 4: If an agreement or understanding on how to approach the issue is reached, the Administration of the commenting municipality shall indicate same to the Administration of the other municipality in writing. If no agreement can be reached, the matter shall be referred to each Council to determine if the dispute resolution process is to be used. This step shall not apply to referrals of subdivision applications. 7) Either municipality may send referrals or use other means to seek input on planning and development matters from landowners and residents in the other municipality. Where either the Town or County is required or elects to seek input from landowners and residents in the other municipality, the Town or County may use a referral letter to individual landowners or an advertisement in the local newspaper. The Town and County agree that either of these two approaches is an acceptable means of seeking input from landowners and residents within their respective municipalities by the other municipality. (Bylaw No. 05/22) R. PLAN ADMINISTRATION AND IMPLEMENTATION Inter-Municipal Cooperation Committee (ICC) 1) The Inter-Municipal Cooperation Committee (ICC) formed under the Town of Olds and Mountain View County Inter-municipal Cooperation Master Agreement shall be the primary forum for discussing matters relating to the IDP. Intermunicipal Development Plan Bylaw No. 19/20 17 2) The mandate of the ICC with respect to the IDP shall include discussion and consideration of the following: a) making recommendations to both Councils on intermunicipal matters related to land use planning and development that are referred to the ICC by either municipality; b) monitoring the progress of the IDP including overseeing any implementation actions and follow up identified in the IDP; c) reviewing any proposed annexations; d) reviewing any proposed amendments to the IDP; and e) if necessary, assisting with the resolution of disputes in accordance with the IDP. 3) The ICC shall conduct their meetings and decision making based on the protocols and processes outlined in the Master Agreement. 4) At least once annually, the ICC shall discuss progress on any initiatives arising out of the IDP or required to implement the full intent of the IDP and any issues and opportunities related to the IDP. Approving Authorities 5) The Town shall be responsible for the administration and decisions on all statutory plans, non-statutory plans, land use bylaws, amendments thereto, subdivision applications and development applications falling within the boundaries of the Town. 6) The County shall be responsible for the administration and decisions on all statutory plans, non-statutory plans, land use bylaws, amendments thereto, subdivision applications and development applications falling within the boundaries of the County. Plan Amendments 7) An amendment to the IDP may be proposed by either municipality. Any proposed amendment should first be presented to the Administration of the other municipality to facilitate review prior to discussion of the proposed amendment at an ICC meeting. 8) Following the conclusion of any annexation process or change in municipal boundaries, the IDP map and text impacted by the change in municipal boundaries shall be amended. 9) An amendment to the IDP has no effect if not adopted by both municipalities by bylaw pursuant to the Municipal Government Act. Intermunicipal Development Plan Bylaw No. 19/20 18 Plan Review 10) At the end of five years from the date that the IDP is adopted by both Councils, the two municipalities shall consider the need for a review of the IDP. If deemed necessary, the IDP shall be updated and revised. Thereafter the IDP shall be considered for review every five years unless an alternative timeframe is agreed to by both Councils. Procedure to Repeal 11) If either municipality deems the current IDP is no longer workable or not in their interests, the municipality may initiate the process to repeal the current IDP. 12) The following procedure to repeal the current IDP shall be applied: a) the municipality wishing to repeal the current IDP shall give the other municipality written notice of its intention to repeal its bylaw adopting the current IDP; b) within 30 days of the date of written notice being forwarded to the other municipality, an ICC meeting shall be convened at which meeting the municipality initiating the repeal process shall provide its reasons for doing so; c) following the ICC meeting, the municipality initiating the repeal process may either withdraw its intention to repeal the current IDP by giving written notice to the other municipality or proceed to consider a bylaw to repeal the current IDP; d) once one municipality has given first reading to a bylaw repealing the current IDP, the two municipalities shall start the process to create a replacement IDP and the bylaw to repeal the current IDP shall not advance to consideration of second reading; e) until such time as the replacement IDP has been agreed to by both municipalities, the current IDP remains in effect; f) once a replacement IDP has been agreed to, the bylaws adopting the replacement IDP shall repeal the current IDP; g) in the event that a replacement IDP cannot be agreed upon, the municipalities shall notify the Minister of Municipal Affairs and seek guidance on how to proceed in accordance with the Municipal Government Act. Dispute Resolution Process 13) The Town and County agree that disputes relating to matters covered by the IDP shall be restricted to the following: a) lack of agreement on any proposed amendment to the IDP; b) lack of agreement on any proposed statutory plan, land use bylaw or amendment to either located within or affecting the IDP Area; or c) lack of agreement on an interpretation of the IDP. Intermunicipal Development Plan Bylaw No. 19/20 19 14) Lack of agreement on the matters listed above is defined as a statutory plan, land use bylaw or amendment to either where first reading of a bylaw is given by one Council and which the other Council deems to be inconsistent with the policies of this IDP or detrimental to their planning interests as a municipality. 15) A dispute on a matter not listed above may be referred to the appropriate authority or appeal board that deals with that issue. 16) The dispute resolution process of the IDP may only be initiated by Town Council or County Council. 17) Identification of a dispute and the desire to go through the dispute resolution process may only occur within 30 calendar days of first reading being given to the item that is in question. The Council wishing to go through the dispute resolution process shall provide written indication of their desire and reasons to the other Council before the end of the 30 calendar day period. 18) 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. 19) 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 an attempt to reach a mediated resolution has been concluded. 20) A dispute shall be addressed using the process described below. At any stage the dispute may be resolved: Stage 1: ICC Review - The ICC shall convene to consider and attempt to resolve the dispute. Both Administrations shall present their perspectives and views on the issue. The ICC may: a) provide suggestions to both Administrations on how to address the issue and refer the matter back to both Administrations for further discussion between them; b) seek additional information and alternatives for consideration at a future meeting of the ICC; c) if possible, agree on a consensus position that resolves the issue and provide the details of the consensus to each municipality in writing; or d) conclude that no initial agreement can be reached and communicate their conclusion to the two Councils. Intermunicipal Development Plan Bylaw No. 19/20 20 Stage 2: Mediation - If the ICC Review does not resolve the dispute, the dispute shall then be referred to mediation. The services of an independent mediator shall be retained to mediate/facilitate discussions by the ICC based on an approved mediation process and schedule. The mediator shall present written recommendations to both Councils. 21) In the event mediation does not resolve the dispute, the Municipality that gave first reading to the item in question, may proceed to adopt the bylaw and, in accordance with the Municipal Government Act, the other municipality may appeal to the Municipal Government Board. 22) The municipality initiating a dispute may withdraw their objections at any time. The municipality initiating the dispute shall provide written confirmation that the dispute is withdrawn to the other municipality. 23) Both municipalities agree that time shall be of the essence when working through the dispute resolution process.