Bylaw 1330-21 Municipal Development Plan
Municipal District of Pincher Creek No. 9, Alberta
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Municipal District of Pincher Creek
Municipal Development Plan
Bylaw No. 1330-21
October 2021
Cover photography courtesy of ORRSC
© 2021 Oldman River Regional Services Commission
Prepared for the MD of Pincher Creek No.9
This document is protected by Copyright and Trademark and may not be reproduced or modified in any manner, or for any purpose, except by
written permission of the Oldman River Regional Services Commission. This document has been prepared for the sole use of the Municipality
addressed and the Oldman River Regional Services Commission. This disclaimer is attached to and forms part of the document.
Table of Contents
i
TABLE OF CONTENTS
Part
Page
I.
VISION AND MISSION STATEMENTS
II.
INTRODUCTION
A.
Community Profile ....................................................................................................
1
B.
Plan Interpretation ....................................................................................................
1
C.
Purpose ....................................................................................................................
2
D.
Legislative requirements...........................................................................................
2
E. Implementation and Procedural Issues .....................................................................
4
III.
MUNICIPAL DEVELOPMENT PLAN POLICIES
1.
Waiver of Municipal Development Plan Policies ......................................................
6
2.
Forestry Reserve and Other Public Lands ...............................................................
7
3.
Future Land Use in the Municipality .........................................................................
8
4.
Intermunicipal Coordination ......................................................................................
9
5.
Area Structure Plans ................................................................................................
10
6.
Transportation ..........................................................................................................
12
A. Highways and Roadways
B. Airports
C. Railways
7.
Infrastructure and Community Assets ......................................................................
15
8.
Urban Fringe .............................................................................................................
17
9.
Natural Resources ....................................................................................................
18
A. Wind and Solar Energy Development
10. Agriculture ................................................................................................................
21
11. Confined Feeding Operations (CFOs) .....................................................................
23
12. Hamlets ....................................................................................................................
25
A. Lowland Heights ...................................................................................................
26
B. Beaver Mines .......................................................................................................
26
C. Lundbreck ............................................................................................................
26
D. Pincher Station .....................................................................................................
26
E. Twin Butte ............................................................................................................
27
ii
Table of Contents
13. Residential Development .........................................................................................
28
14. Industrial Development .............................................................................................
31
15. Commercial Development ........................................................................................
33
16. Reserve Land and Land for Roads and Utilities .......................................................
36
17. Environment and its Natural Capital .........................................................................
38
18. Subdivision ...............................................................................................................
41
APPENDIX 1 - Figures of Subdivision Examples ................................................................... 47
APPENDIX 2 - Definitions .......................................................................................................... 57
APPENDIX 3 - Maps .................................................................................................................. 65
MAP 1 - Regional Location
MAP 2 - Guide Map
MAP 3 - Confined Feeding Operations (CFO)
MAP 4 - Transportation Network
MAP 5 - Soil Classification
Municipal Development Plan Bylaw No. 1330-21
1
VISION AND MISSION STATEMENTS
"The Vision of the Council of the MD of Pincher Creek is a community that
manages growth and supports our western heritage while preserving our natural
environment."
"Our Mission is to preserve and enhance our Western Canadian lifestyles and
the natural capital of the MD of Pincher Creek through sound decision-making
and good governance for the community."
INTRODUCTION
The Municipal District of Pincher Creek No. 9 (MD) is a rural municipality and we celebrate our rural
way of life. A large part of what our resident's value about living within the MD is an appreciation
for being rural and our western heritage. As a MD, we face pressures for growth and development
and as such, need to balance these pressures against our rural character. We are defined by our
land, our history and our abundant natural capital.
The statements above set the municipality's vision and mission in pursuit of sound land use policy.
Each policy that follows in this document should be a reflection of these statements as a balance
is struck between competing land uses.
A. COMMUNITY PROFILE
Located in the southwest corner of Alberta (Map 1), the MD has a current population of 2,965
(2016 Census) which is distributed across 3,482 km². The municipality contains the quintessential
Alberta landscape from prairie grass to mountain pass. Its assets are too numerous to list, but have
sustained the area from the time of the first peoples through the time of the pioneers whose names
still resonate within the community.
As a means of defining agriculture in the municipality, the 2016 Census of Agriculture statistics for
the MD generally finds that farms in the MD are owner operated, the majority are operated by
persons 55 years old or older, technology has been generally implemented across the MD, and
most require income outside the agricultural industry.
B. PLAN INTERPRETATION
This is a "living" document intended to provide the most current information available at the time of
adoption. Given that understanding, the contents of this plan are reviewed and updated periodically.
This document is made up of specific vision and mission statements, objectives, a series of policies
related to the objectives, and the basic requirements set out by the Government of Alberta.
For developers, this document is to be read in conjunction with Government of Alberta documents,
the Land use bylaw, other adopted statutory plans, Municipal District Engineering standards, and
supplementary policy as developed by the MD.
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Municipal Development Plan Bylaw No. 1330-21
For citizens, this document is meant to be a dialog on a vast array of topics providing the basis for
open and transparent discussion and ensuring that citizens understand the direction of subdivision
and development.
This document is not intended to limit ideas, but to put forward preferences in the pursuit of a great
municipality.
Maps have been provided as part of this Municipal Development Plan to show the location of
proposed land uses, confined feeding operation exclusions, and future transportation and utility
corridors. For some planning areas, the boundaries will be refined through subsequent stages of
planning including Area Structure Plans, Local Area Structure Plans, Area Redevelopment Plans,
concept plans, land use redesignation and subdivisions. Minor changes to alignments or locations
of map features may be undertaken as part of subsequent planning processes without amendment
to this Plan.
If a development is proposed within the plan area of a higher-order statutory plan including the
South Saskatchewan Regional Plan or an Intermunicipal Development Plan, the development must
consider and conform to the policies of the higher-order statutory plan. If there is a conflict with a
policy or regulation within a higher-order plan and the policies of this Municipal Development Plan,
the higher order plan shall prevail.
All provincial and federal policies and regulations in effect shall apply and shall prevail over the
policies contained within this Municipal Development Plan.
Development of this Document
This document was developed with the MD Council as the steering committee for the development
of new policy. The basis of new policy was done through a series of Topic Reports which, for the
most part, introduced new subject matter to Council that was not addressed in the existing MDP.
These Topic Reports used two Values based documents as guides on what the region had to say
about certain land use matters. These value documents are the Community Values Assessment
for the MD of Pincher Creek No.9, Praxis Group, 2011 and the Values and Voices: Stewardship
Priorities for the Southern Alberta Foothills, 2011.
With the value documents as a basis, new material was reviewed and discussed with Council who
provided their thoughts on where the topic might fit into this new MDP. As part of those discussions,
the policies utilized by other municipalities were reviewed for their approach to a topic.
C. PURPOSE
A municipal development plan is a compilation of vision, objectives and policies developed by a
municipality and used as a tool by decision makers, residents and developers when evaluating and
initiating land use proposals impacting the future growth of the municipality.
D. LEGISLATIVE REQUIREMENTS
A Municipal Development Plan (MDP) is a planning document enabled by statute or provincial
legislation. In this case, the governing statute is the Municipal Government Act Revised Statutes of
Alberta 2000, and more specifically Section 632, which outlines what must and may be included
within a MDP. Accordingly, this plan must address:
the future land use within the municipality;
the manner and/or the proposals for future development within the municipality;
Municipal Development Plan Bylaw No. 1330-21
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the coordination of land use, future growth patterns and other infrastructure with adjacent
municipalities if there is no intermunicipal development plan with respect to those matters
in those municipalities;
the provision of the required transportation systems, either generally or specifically, within
the municipality and in relation to adjacent municipalities;
the provision of municipal services and facilities either generally or specifically;
policies compatible with the Subdivision and Development Regulation to provide
guidance on the type and location of land uses adjacent to sour gas facilities;
policies respecting the provision of municipal, school or municipal and school reserves,
including but not limited to the need for, amount of and allocation of those reserves and
the identification of school requirements in consultation with affected school authorities;
and
policies respecting the protection of agricultural operations.
In addition, the plan may address:
proposals for the financing and programming of municipal infrastructure;
the coordination of municipal programs relating to the physical, social, and economic
development of the municipality;
environmental matters within the municipality;
the financial resources of the municipality;
the economic development of the municipality;
the municipality's development constraints, including the results of any development
studies and impact;
analysis, goals, objectives, targets, planning policies and corporate strategies; and
any other matter relating to the physical, social or economic development of the
municipality.
The Municipal Government Act (MGA), Section 618.3 also mandates that municipal development
plans must be consistent with the Alberta Land Stewardship Act in respect of the South
Saskatchewan Regional Plan (2014) which was developed by the province in consultation with
municipalities and other stakeholders in order for both levels of government to utilize consistent
approaches and pursue a high level of cooperation and coordination with their areas of land use
jurisdiction.
Further to compliance with the South Saskatchewan Regional Plan (SSRP), the MDP must be in
accordance with the MGA Section 638 be consistent with other statutory plans adopted by the MD
including the Intermunicipal Development Plans with adjoining municipalities. It is not a requirement
of the legislation for the MDP to be consistent with the Land use bylaw (LUB). Where the LUB and
the MDP are inconsistent the Land use bylaw will prevail.
As illustrated in Figure 1, a municipal development plan sits below the provincial legislation and
above most of the municipal requirements of the hierarchy of statutory planning documents and
processes.
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Municipal Development Plan Bylaw No. 1330-21
E. IMPLEMENTATION AND PROCEDURAL ISSUES
Context
The MDP is a statutory plan identified in the hierarchy of plans in the MGA. It has been prepared
for the MD in accordance with the provisions of the MGA, the SSRP and the Subdivision and
Development Regulation. The MGA requires all local plans and bylaws to be consistent with the
provincial legislation and must be adopted by bylaw.
The MGA establishes a detailed public participation component which provides opportunities for
input, referrals to adjacent municipalities and a mandatory public hearing prior to second reading
of the bylaw. By the time this bylaw has received its third and final reading it will have been refined
and rewritten based on the comments of ratepayers, municipal administration and elected
officials.
Figure 1: Planning Document Hierarchy
Subdivision
Development
Approvals
Provincial Legislation
South Saskatchewan Regional Plan
Intermunicipal Collaboration Framework
Intermunicipal Development Plan
Municipal Development Plan
Area Structure Plan or
Area Redevelopment Plan
Land Use Bylaw
Municipal Development Plan Bylaw No. 1330-21
5
With the final revisions made, the Plan will become the long-range planning document for the MD
under which the Land use bylaw will provide further guidance to implement the day-to-day
decisions regarding subdivision and development matters. Because the Plan envisions changes
within the MD, it should be reviewed and amended regularly to maintain accuracy and relevance.
MDP amendments may be initiated by any party in accordance with the procedures established in
the Municipal Government Act. Amendments may require public consultation and shall require
approval from the MD Council via three readings plus a public hearing. Amendments to the MDP
may require supplementary supporting information, providing details on the reason and nature of
the change. The party initiating the change to the MDP shall be required to provide supporting
documentation for the amendment.
POLICIES
1.
The MDP shall be adopted and amended if required pursuant to Sections 230, 606 and
692 of the MGA.
2.
Prior to adoption of the Plan, it shall be sent to adjacent urban and rural municipalities
for their comments and concurrence.
3.
The Land use bylaw shall be amended to comply with any policies that may be in
contravention to this Plan.
4.
Any amendments or changes to this Plan shall be forwarded to the MD planning advisor
for review and comment.
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Municipal Development Plan, Bylaw No. 1330
Waiver of Municipal Development Plan Polices
Planning Policies Section 1
Waiver of MDP Policies
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Municipal Development Plan Bylaw No. 1330-21 Waiver of Municipal Development Plan Policies
MUNICIPAL DEVELOPMENT PLANNING POLICIES
1.
WAIVER OF MUNICIPAL DEVELOPMENT PLAN POLICIES
It is important to have consistent decisions made over time, however, because policies do not
anticipate each circumstance, decision-making authorities need the ability to allow for periodic
waivers.
1.1
In respect to policies in this plan, an approval authority may approve an application even
though the proposed development, subdivision or redesignation does not comply with the
municipal development plan if, in its opinion, the proposals would:
(a)
be in accordance with the community spirit and image of the area of the proposal
including landscape, traditional land uses or other community values;
(b)
not materially interfere with or affect the use, enjoyment or value of neighbouring
parcels of land.
1.2
When considering a waiver of the policies of this plan, the authority should consider:
(a)
in the opinion of the Authority, the variance is minor;
(b)
the comments of the appropriate persons and agencies have been considered;
(c)
the waiver complies with other statutory plans and bylaws.
Planning Policies Section 2
Forestry Reserve & Other Public Lands
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Municipal Development Plan, Bylaw No. 1330-21
Forestry Reserve and Other Public Lands
2.
FORESTRY RESERVE AND OTHER PUBLIC LANDS
2.1
The municipality recognizes that it has jurisdiction over public or provincial Crown lands,
under Section 640 of the MGA, and that its jurisdiction is limited or precluded in a variety
of circumstances. Given this situation, while recognizing its responsibilities, the
municipality shall exercise its jurisdiction to the extent that it deems necessary by
establishing policies and implementing them through the land use bylaw and other
appropriate means.
Provincial Planning
2.2
The MD acknowledges and supports the government's efforts in furthering the following:
(a) Public Land Use Zones;
(b) Castle River Sub-Regional Integrated Resource Plan;
(c) Livingstone-Porcupine Hills Land Footprint Management Plan;
(d) Livingstone-Porcupine Hills Sub-Regional Integrated Resource Plan.
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Municipal Development Plan, Bylaw No. 1330
Future Land Use in the Municipality
Planning Policies Section 3
Future Land Use in the Municipality
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Municipal Development Plan Bylaw No. 1330-21
Future Land Use in the Municipality
3.
FUTURE LAND USE IN THE MUNICIPALITY
3.1
Major land use changes shall be accommodated, as far as possible, through redesignation
in the land use bylaw and in accordance with the policies of this plan. Land use change
that is not authorized by this plan shall require an amendment to this plan before the land
use change can proceed.
3.2
For specific areas, other statutory plans such as area structure plans or intermunicipal
development plans may refine the policies established herein. This plan recognizes the
following statutory plans and the successors to these documents:
(a)
Burmis Lundbreck Corridor Area Structure Plan (including local ASP or concept
plans contained within the plan boundary);
(b)
Oldman River Reservoir Area Structure Plan (including local ASP or concept plans
contained within the plan boundary);
(c)
Castle Mountain Resort Area Structure Plan;
(d)
MD Pincher Creek & Cardston County Intermunicipal Development Plan;
(e)
MD Pincher Creek & Crowsnest Pass Intermunicipal Development Plan;
(f)
MD Pincher Creek & MD of Ranchland Intermunicipal Development Plan;
(g)
MD Pincher Creek & MD of Willow Creek Intermunicipal Development Plan;
(h)
Municipal District of Pincher Creek and Town of Pincher Creek Intermunicipal
Development Plan; and
(i)
Municipal District of Pincher Creek and Village of Cowley Intermunicipal
Development Plan.
See Guide Map - Map 2 for all plan boundaries.
3.3
The MD may adopt a direct control district to accommodate or regulate a land use which
is not presently contemplated in the Land use bylaw and where policy specifically requires
redesignation to Direct Control.
3.4
Council shall establish provisions within the Land Use Bylaw for the rescinding of an
amending bylaw that redesignated lands for a purpose that was not fulfilled. The intent of
the rescinding bylaw shall be to revert the land back to its former district designation.
3.5
As part of its Strategic Plan, the MD Council shall commission periodic community value
assessments (similar to the Community Values Assessment for the M.D. of Pincher Creek;
The Praxis Group, 2012) as a means of engaging the public and informing MD policy
development. A newly completed community values assessment may be utilized to reflect
on the land use policies contained within this document and the plans listed in 3.2.
Planning Policies Section 4
Intermunicipal Coordination
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Municipal Development Plan, Bylaw No. 1330-21
Intermunicipal Coordination
4.
INTERMUNICIPAL COORDINATION
4.1
The municipality shall maintain an ongoing dialogue through Intermunicipal Collaboration
Frameworks (ICF) with adjacent municipalities to ensure that land use, growth and the
provision of infrastructure are as coordinated as possible.
4.2
Before giving final consideration to an amendment to this plan or any other planning
document, Council shall solicit and consider the comments of the adjoining municipalities,
in accordance with the adopted intermunicipal development plans.
4.3
Unless otherwise stated herein, the policies of this plan apply to the entire municipality but
if lands are subject to an intermunicipal development plan (IDP), then the policies of the
applicable intermunicipal development plan supercede the policies of this plan in the case
of a conflict. See Guide Map - Map 2 for IDP plan boundaries.
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Area Structure Plans
Municipal Development Plan Bylaw No. 1330
Planning Policies Section 5
Area Structure Plans
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Municipal Development Plan Bylaw No. 1330-21
Area Structure Plans
5.
AREA STRUCTURE PLANS
5.1
Area structure plans may be required prior to approval of a development application,
subdivision application or land use bylaw amendment.
5.2
An area structure plan shall contain the following information:
(a)
site plans and drawings - although professional plan preparation is preferable, the
diagrams may be accepted if they are clear and accurate. In Urban Fringe areas
a "shadow plan" may be requested when larger parcels are proposed;
(b)
soils analysis - soil stability and its ability to accept a septic system are most
important, although applicants may be requested to provide other data. These
studies are to be prepared by an engineer;
(c)
identification of other hazards such as flood or mass wasting prone lands or
environmentally significant areas, including but not limited to wildlife corridors,
historic and other resources;
(d)
sewer system - which will be determined using the soils data provided in
accordance with the Alberta Private Sewage Systems: Standard of Practice.
Pump out systems are preferred adjacent to water bodies;
(e)
domestic water - these systems will be to the satisfaction of the approval authority
and in compliance with the Water Act;
(f)
roadways and access points - including the standards for construction and
approvals from Alberta Transportation where applicable;
(g)
other utilities and services - including comments from the appropriate supplier;
(h)
contour and surface drainage control - which is required to protect water bodies
and adjacent parcels;
(i)
development concept - including lot density and land tenure such as bareland
condominiums;
(j)
applicant's interest - i.e. authorized agent, subject of an agreement or relative;
(k)
subdivision considerations - that may be found in the land use bylaw such as lot
sizes;
(l)
municipal and/or environmental reserve - which will be in accordance with this
plan and may include use of environmental easements;
(m)
staging of development - and may include phasing of services and lotting;
(n)
development specifications - including special standards such as setbacks and
minimum dwelling size;
(o)
landscaping and appearance - particularly if it includes municipal reserve land;
(p)
architectural controls - information regarding special standards for details such as
fences or landscaping are needed as well as the expectation for municipal district
involvement;
(q)
public input - developers are encouraged to contact neighbours and others to
discuss the proposal;
(r)
population density - as required under the Municipal Government Act;
(s)
impact on adjacent properties;
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Area Structure Plans
Municipal Development Plan Bylaw No. 1330-21
(t)
additional information may be required for area structure plans prepared on water
bodies as requested by the appropriate agency or provincial department;
(u)
historic resource clearance and/or study for the province;
(v)
any other information Council may consider necessary;
5.3
The draft area structure plan shall be circulated to the various agencies that would have
input at the subdivision application stage and as outlined in the Subdivision and
Development Regulation. A broader circulation of the information may be undertaken at
any time in the process.
5.4
Additional information may be requested by Council at any time during the approval
process.
1
Transporation
Municipal Development Plan Bylaw No. 1330
Planning Policies Section 6
Transportation
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Municipal Development Plan Bylaw No. 1330-21
Transportation
6.
TRANSPORTATION
Context
The MD has a well-established transportation network comprised of both primary
and secondary highways, the municipal road network, railway transport, and the
Pincher Creek and Cowley aerodromes. The level of investment required to support
regional activity needs to be understood, so capital and operating costs for
transportation related projects are accounted for in the annual budget.
As such, the integration of various transportation networks in the MD is essential
to ensuring the cost- effective, efficient, and safe movement of people and goods
within and through the region. Sound land use policy in relation to the
transportation network within the MD is necessary in order to support existing land
uses as well as to serve as a platform for future economic development.
Objective
1.
To maintain, and where appropriate, enhance the integrity and safety of the transportation
system under the municipality's jurisdiction and to cooperate with the province and other
agencies in maintaining and enhancing the integrity and safety of the overall transportation
system, recognizing that highways, roads, rail lines, and airports form the overall system.
Policies
A.
Highways and Roadways
Clarifying Responsibilities
6.1
The MD shall support the ongoing development of transportation networks in the
municipality by clearly defining responsible parties involved in roadway construction and
maintenance:
(a)
Alberta Transportation is responsible for primary and secondary highways;
(b)
The MD is responsible for the condition and management of local road systems
including service roads, where built to MD engineering standards;
(c)
Jurisdiction over roads for maintenance within an intermunicipal plan area shall
be determined by way of agreement;
(d)
Developers are responsible for constructing any new roads or road widening and
any related improvements or infrastructure required for new developments or
subdivisions;
(e)
Upon approval of a new road, and subject to any applicable warranty period, the
road becomes the responsibility of the MD, unless other arrangements have
been agreed to with the developer; and
(f)
Private roads and driveways shall be the responsibility of the landowner.
6.2
All road construction shall be to the current MD Development and Engineering Standards
or as per development agreement stipulations.
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Transporation
Municipal Development Plan Bylaw No. 1330-21
6.3
Map 4 provides the hierarchy of road classification. Certain uses as defined within this
document will be encouraged to locate adjacent to or within a short distance of provincial
highways and MD arterial and collector roads.
Impacts
6.4
The MD shall direct developments that may detrimentally affect the quality of roads and
bridges (high traffic volumes or heavy trucks) to roadways that have been designed to
accommodate such development. A Road Use Agreement may be required.
6.5
Developers shall inquire, acknowledge and comply with designated provincial and
municipal road bans. Road bans may impact potential for development and be cause for
denial of proposals and effect current approvals. Road bans are listed on the municipal
multi-media platforms.
6.6
The MD may develop a policy that addresses agricultural, commercial, and industrial
impacts on roads and bridges beyond standard wear and tear.
6.7
MD Council may consider developing a comprehensive transportation study in order to
identify the impacts of growth areas, industrial development, tourism, and Confined
Feeding Operations on road quality.
6.8
The MD or Alberta Transportation may require a Transportation Impact Analysis (TIA) at
any time during planning processes to ensure existing intersections are able to be
developed with safe turning movements and traffic flow. The cost of a TIA is the sole
responsibility of the developer or landowner.
Highways
6.9
MD Council will consider future development along primary and secondary highways that:
(a)
approvals, as required, from Alberta Transportation are obtained;
(b)
the number of entry and exit points to primary and/or secondary highways is
minimized;
(c)
the number of entry and exit points to the MD's arterial and collector roads is
minimized; and
(d)
facilitate access onto an internal roadway system or a service road prior to
accessing the primary and/or secondary highway, where possible.
6.10
Highway 3 twinning may affect the intermunicipal plans with Crowsnest Pass and Village
of Cowley and the Area Structure Plans for the Burmis Lundbreck Corridor and Oldman
River Reservoir. Those plans and the Alberta Transportation 3 Twinning Functional
Planning Study shall be consulted for any proposed subdivision, redesignation, or
development that may affect the realignment.
6.11
The Highway 3/6 Interchange directly effects the Intermunicipal Development Plan with the
Town of Pincher Creek. That plan and the Alberta Transportation 3/6 Interchange
Functional Planning Study shall be consulted for any proposed subdivision, redesignation,
or development that may affect the realignment.
6.12
MD Council may implement special policies, planning documents, or subdivision criteria to
apply to the highway corridors as development and/or subdivision pressures arise.
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Municipal Development Plan Bylaw No. 1330-21
Transportation
6.13
If a service road is required parallel to a provincial highway, as stipulated by Alberta
Transportation, it shall be dedicated or protected by a registered caveat at the time of
subdivision as determined and requested by Alberta Transportation.
Public Roadways
6.14
The MD will require every lot created through a subdivision application to have direct
access to a public roadway.
6.15
Access proposed via easement shall be avoided. Where allowed, the MD shall be party to
the easement agreement for access purposes and the agreement registered on title.
6.16
Decisions regarding developers seeking monetary assistance for road construction or
upgrading shall be at the discretion of Council in accordance with public works policy.
Private Roadways
6.17
The MD may, as a condition of subdivision or development, require that a private road be
developed for all season access to ensure emergency services access and egress.
B.
Airports
6.18
Federal regulations, including TP312 (Aerodrome Standards and Recommended
Practices) and TP1247 (Aviation: Land Use in the Vicinity of Aerodromes) will guide
development on the airport, navigation, lighting and security at the airport and protect the
obstruction restrictions. MD will require that all land use approvals within the 4000m
aerodrome of the Pincher Creek Airport and Cowley Airport take into account the safe and
efficient operation of the airports. (See the Wind Energy section of this document for related
policy).
6.19
The MD may consider commercial or industrial uses adjacent to the Pincher Creek Airport.
6.20
All subdivision or development applications within the Airport Vicinity Protection district
shall be circulated to Nav Canada and Transport Canada for comment, prior to rendering
a decision.
6.21
Airport Vicinity Protection shall be established in the land use bylaw as a district for the
Pincher Creek Airport and the land use bylaw shall ensure that:
(a)
the airport's take off/approach surfaces, transitional surfaces and electronic
facilities shall be protected; and
(b)
except as provided in 6.22 below, no residential development shall be constructed
within a specified distance of the airport runway in accordance with provincial and
federal guidelines.
6.22
A maximum of one dwelling unit per quarter section or parcel shall be allowed on lands
adjoining the airport property within the Airport Vicinity Protection district.
C.
Railways
6.23
The MD may provide for specific setbacks from rail line rights-of-way in the Land use bylaw.
Where setbacks are not provided, the municipality may utilize The Federation of Canadian
Municipalities and The Railway Association of Canada: Guidelines for New Development
in Proximity to Railway Operations in making decisions.
Planning Policies Section 7
Infrastructure and Community Assets
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Municipal Development Plan Bylaw No. 1330-21
Infrastructure and Community Assets
7.
INFRASTRUCTURE and COMMUNITY ASSETS
Context
All municipalities have infrastructure and community assets which are provided to
the citizens. The MD values its infrastructure and assets as a way of enhancing the
quality of life for residents and visitors to the MD and will pursue opportunities to
enhance its systems through private and public investment.
Objectives
1.
To establish land use patterns commensurate with the level of infrastructure and services
that can be provided reasonably and economically having regard to the municipality's long-
term financial health and viability.
2.
To protect, maintain and enhance community assets such as parks, recreation amenities
and community halls.
Policies
7.1
The municipality shall continue to explore the delivery of services, including arrangements
for service delivery, to ensure that the services it provides, or is involved in providing, are
delivered in an effective, efficient and timely manner.
7.2
The municipality recognizes that it has a direct interest in the services provided by other
agencies or organizations without assuming responsibility, directly or indirectly, for the
provision of such services.
7.3
The municipality shall encourage and support measures to ensure that land development
and servicing is coordinated recognizing that development should be provided with suitable
levels of service depending on its requirements and location, but in a rural location the
provision of services should be consistent with a rural lifestyle, sustainability and self-
reliance.
7.4
As part of an application for an Area Structure Plan, outline plan, subdivision, or
development, the MD may require a fiscal impact assessment that considers the life cycle
cost to the MD for maintaining the utility infrastructure required to service the development.
7.5
The MD may require copies of any permits, licenses, or reports issued by provincial
authorities with respect to water, wastewater or stormwater to be submitted prior to, or as
a condition of, an approval.
7.6
The MD may prepare an infrastructure master plan to plan and coordinate efficient
management and operation of utility infrastructure to ensure long-term affordability for the
MD, businesses, and residents.
7.7
The MD will protect, maintain and enhance community assets such as parks, recreation
amenities and community halls, as determined by Council.
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Infratructure and Community Assets
Municipal Development Plan Bylaw No. 1330-21
7.8
The MD shall encourage Alberta Culture to continue protecting and preserving sites and
artifacts with significant historical or archaeological value.
7.9
The MD encourages property owners with historic sites or buildings to preserve the
heritage of the municipality.
7.10
The MD shall own and manage sand and gravel assets commensurate with its current and
future needs.
Planning Policies Section 8
Urban Fringe
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Municipal Development Plan Bylaw No. 1330-21
Urban Fringe
8.
URBAN FRINGE
Context
The interface land outside a built urban area requires unique planning
consideration from the point of view of the continuity of existing rural development
until such time the land is needed for urban expansion. This interface area is often
referred to as the 'urban fringe'. The MD of Pincher Creek has utilized this special
planning tool since 1980 when it completed its first plan with the Town of Pincher
Creek and introduced a specialized land use district to control development jointly.
Since that first plan, the MD has implemented two other urban fringe districts
around the Village of Cowley and the Hamlet of Lundbreck.
Objective
1.
To minimize conflicts in the urban fringe by implementing cooperative and mutually
satisfactory land use policies.
Policies
8.1
Whenever possible, rural lands within the urban fringe that surround urban communities
shall be protected and conserved for extensive agriculture until these lands are needed for
logical, orderly and economic urban expansion.
8.2
The land use bylaw shall contain an Urban Fringe district and this district shall apply at the
very minimum to the following lands:
(a)
lands identified in the Municipal District of Pincher Creek No. 9 and Village of
Cowley Intermunicipal Development Plan;
(b)
lands within 0.8 km (½ mile) of the hamlet boundaries of Lundbreck (excepting
those lands affected by the Burmis Lundbreck Corridor Area Structure Plan) and
Pincher Station ; and
(c)
lands identified in the Municipal District of Pincher Creek No. 9 and Town of
Pincher Creek Intermunicipal Development Plan.
8.3
The Urban Fringe district in the land use bylaw shall:
(a)
disallow grouped country residential development unless agreed to in an
intermunicipal development plan; and
(b)
be designed so that it effectively discourages or precludes any development which
would:
(i) compromise the logical and orderly expansion of urban or hamlet boundaries;
or
(ii) lead to land use conflicts with the adjoining urban municipality or hamlet.
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Infratructure and Community Assets
Municipal Development Plan Bylaw No. 1330-21
Planning Policies Section 9
Natural Resources
18
Municipal Development Plan Bylaw No. 1330-21
Natrual Resources
9. NATURAL RESOURCES
Context
The MD has significant natural resources, some of which are regulated by the
Provincial government. Those resources that fall within the purview of the MD
include, but are not limited to, sand, gravel, and quarry stone. The MD recognizes
the importance of the natural resources industry and will work with resource
companies and provincial legislative bodies to allow for the planned and managed
extraction of natural resources.
Objectives
1.
To allow for the managed extraction of natural resources.
2.
To minimize conflicts between natural resource extraction and other existing or future land
uses.
3.
To ensure post resource extraction leaves the land in a developable and usable state.
4.
To cooperate with other agencies involved in the management of natural resources, for the
preservation of habitat and protection of water quality and quantity.
5.
To support the development and delivery of renewable energy for powering and heating
MD homes and businesses.
6.
To provide opportunity for industrial scale renewable energy projects that are compatible
with existing land use and that do not negatively affect agricultural operations or the
environment.
Policies
9.1
Lands proposed for natural resource extractive use shall be designated as Direct Control
prior to making application for a development permit or subdivision. If approved, the direct
control district bylaw may sub-delegate the approval to the Municipal Planning Commission
for processing the permit.
9.2
An open house shall be undertaken by proponents for any new resource extraction or the
expansion of an existing operation prior to re-designation and/or development permit
applications being processed.
9.3
In consultation with the MD's Public Works department, the resource extraction industry
shall be directed to specific haul routes to minimize impact on municipal roads. Where
appropriate, the designated haul route shall be the shortest route to the provincial highway
network. At the discretion of Public Works, a Road Use Agreement may be required. At the
discretion of Planning and Development, a development agreement may be required for
road improvements.
9.4
Where appropriate, buffering, berming, and screening between the natural resource
extraction and adjacent land uses shall be required as a condition for development
approval.
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Natural Resources
Municipal Development Plan Bylaw No. 1330-21
9.5
All natural resource extraction operations shall adhere to applicable provincial standards,
provincial conditions of approval, and a reclamation certificate from Alberta Environment
shall be required. All natural resource extraction operations shall also adhere to all
requirements of the municipality.
9.6
Consultation and compliance with provincial and federal governments shall be required to
ensure the protection of the MD's historic, environmental, natural, archaeological, and
cultural resources, from the impacts of proposed resource extraction.
9.7
Forestry operations approved by the Province are not regulated in this Plan. However, the
MD of Pincher Creek encourages forest operations to be undertaken in accordance with a
sustainable timber harvesting plan and encourages the use of integrated land management
practices.
9.8
The municipality shall enforce, in consultation with the Alberta Energy Regulator (AER),
the provisions respecting sour gas facilities and gas and oil wells in the Subdivision and
Development Regulation.
9.9
The municipality shall continue to take into account AER guidelines respecting pipelines
and other matters not addressed in Policy 9.8 above, whenever land use decisions are
being made, and the municipality may incorporate any guidelines it deems appropriate into
an area structure plan, intermunicipal development plan or the land use bylaw.
A.
Wind and Solar Energy Development
9.10
The municipality may support the integration of wind and solar energy conversion systems
with other land uses in the municipal district where the area has been deemed suitable by
the zoning and development processes.
9.11
The municipality shall not accept application for a wind farm or solar development until the
designation to Wind Farm Industrial - WFI has been approved.
9.12
The MD Council shall not approve a redesignation to Wind Farm Industrial -WFI until such
time as a Wind Energy Conversion System (WECS) review has been completed to the
satisfaction of Council and in accordance with Section 9.13. This review shall be completed
within 2 years of the adoption of this bylaw.
9.13
The municipality recognizes that changes will occur as wind technology and the community
evolve. In addition to the review under Section 9.12, Council may commission additional
reviews over time, that examine the impact of Category 3 wind energy development (as
defined by the LUB). Each review shall include the following:
(a)
a timely completion within a period not exceeding four months once commenced;
(b)
an analysis of wind energy policies including, but not limited to:
(i) an evaluation of the density and the generation capacity of existing and
approved WECS,
(ii) an evaluation of the existing transmission capacity servicing the area,
(iii) permits approved and currently valid permits for WECS,
(iv) visual impact on landscape,
(v) public opinion on WECS development,
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Municipal Development Plan Bylaw No. 1330-21
Natrual Resources
(vi) an analysis of policy at the local, regional, and provincial levels,
(vii) public consultation and a subsequent meeting process;
(c)
a summary of findings that may:
(i) place limitations on the density of future development,
(ii) determine where in the municipal district WECS will be encouraged,
(iii) determine any other issues deemed necessary by Council.
9.14
The municipality encourages the repowering of existing or depreciated wind and solar
energy developments.
9.15
The municipality encourages the project owner and landowner to decommission obsolete
or abandoned wind or solar energy developments in a reasonable time frame.
9.16
That the land use bylaw implements a 4000m setback from both the Cowley and Pincher
Creek Airports for wind development.
9.17
When municipal governments consider industrial scale solar or wind energy development,
it immediately becomes clear that not everywhere is suitable for those activities, and not
everywhere is unsuitable. For some areas it is a clear-cut 'yes' or 'no', but most areas sit
somewhere on a continuum between those two extremes. To understand this fact better
the MD went through an analysis process called the Municipal Land Use Suitability Tool
(MLUST). This process asked council to value various land use concerns across the MD.
As it stands, the results are not meant to hinder development proposals, but are too be
used by developers, who may be new to the area, to understand perceptions of conflicting
land use within the municipality and to understand local values. Proponents for industrial
scale wind and solar development shall consult the Municipal Land Use Suitability Tool
(MLUST) for Municipal District of Pincher Creek, Tracy Lee, Ken Sanderson, Guy
Greenaway, and Holly Kinas, April 2020 as part of their preparation for a development
application to the MD. The MD shall amend the land use bylaw to include details for this
submittal requirement and provide a mapping product that can be utilized for analysis.
9.18
As the MD seeks to maintain dark skies at night, WECS proponents shall utilize technology
for auto dimming its lights or utilize an on-demand warning light system.
Planning Policies Section 10
Agriculture
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Municipal Development Plan Bylaw No. 1330-21
Agriculture
10.
AGRICULTURE
Context
A basic tenet of land use planning in Alberta is the protection of agriculture. Yet
agricultural land is under constant pressure from other uses imposing themselves
on the landscape. This is not a new story; agricultural losses have been
documented in the province since the 1950s. In reaction, the Canadian Land
Inventory (CLI) for classification of soils, a multi-disciplinary land inventory of rural
Canada, was conceptualized in the early 1960s. The use of CLI remains an important
tool in evaluating agricultural land.
With the reintroduction of Regional Planning in Alberta under the Alberta Land
Stewardship Act (2009) and the South Saskatchewan Regional Plan (2014),
Agriculture preservation rose to the forefront once again, but with the twist of
balancing other uses through policy statements like
"8.21 Employ appropriate planning tools to direct non-agricultural subdivision and
development to areas where such development will not constrain agricultural
activities, or to areas of lower-quality agricultural lands."
Through the previous decades, the MD has been doing this through policy by
limiting where group country residential and commercial/industrial uses are located
as well as encouraging wind energy conversion systems to co-locate with
agricultural land. A strong cattle industry based on vast landscapes for grazing has
maintained a balance between agricultural business and the environment which
provides the grass and water vital to ranching livelihoods.
Objective
1.
To conserve and protect agricultural land, including foothills grazing lands, for extensive
agriculture by:
(a)
minimizing conflicts with non-agricultural uses;
(b)
discouraging the fragmentation of agricultural and grazing land into small non-
agricultural parcels;
(c)
ensuring that agricultural lots or parcels remain as large as possible;
(d)
promoting education initiatives and partnerships that support the agricultural sector
and contribute to increased operator knowledge and opportunities; and
(e)
endeavouring to maintain traditional ranching activities.
Policies
10.1
Extensive agriculture shall remain the predominant and prevailing land use in the
municipality.
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Agriculture
Municipal Development Plan Bylaw No. 1330-21
10.2
The MD shall support the preservation of agricultural land and shall promote diversification
of the agricultural sector by supporting all types of agricultural operations including
intensive horticulture.
10.3
The MD shall protect prime agricultural lands from development that would eliminate the
viability of these lands from crop production. These lands shall be identified by using the
Canadian Land Inventory. The MD shall ensure that provisions in the land use bylaw
protect agricultural land from non-agricultural development.
10.4
Better utilizing land and promoting more compact development are two methods that can
limit land conversion. The MD shall ensure that the application of these methods is utilized
in the decision making process.
10.5
The MD is crossed by large networks of pipelines, railways, electrical transmission lines,
provincial highways, private roads and MD roads, all of which add to fragmentation of
agricultural lands. The MD shall encourage location of new roads and transmission lines
in a manner that does not unnecessarily fragment or restrict the use of agricultural land.
10.6
The MD considers "first parcel out" subdivision, which separates the farmstead from the
quarter-section, vital to the long-term viability of agricultural operations and the rural
population base. See the subdivision policies in this document.
10.7
The ability to subdivide cut-off parcels due to physical barriers that make a parcel illogical
or impractical to keep together will continue to merit consideration by the Subdivision
Authority. See the subdivision policies in this document.
10.8
Continue to raise public awareness of the benefits and challenges of living in a rural area
especially where it comes to the importance of agriculture for economics and
environmental stewardship. The MD will maintain and distribute the 'Code of the West' as
a means of conveying this message.
10.9
Facilitate the dissemination of information, education resources, and advice in furthering
agri-business and land management throughout the municipality.
10.10
The MD encourages small scale production of renewable energy in support of farm
operations.
10.11
The MD encourages the conservation of farm land through private agreement as a means
of protecting agriculture.
10.12 The MD encourages the development of agricultural farm plans by individual farm
operations.
10.13
The importance of grazing land in the MD is a vital component to the agricultural industry.
In regard to grassland areas, the MD shall to the extent possible during decision making
processes avoid disturbance, limit industrial intrusion and require restoration of areas
impacted by development. These lands shall be identified by using the Alberta Grassland
Vegetation Inventory (GVI).
24
Hamlets
Municipal Development Plan Bylaw No. 1330
4
ets
aml
Municipal Development Plan Bylaw No. 1330
Planning Policies Section 11
Confined Feeding Operations (CFOs)
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Municipal Development Plan Bylaw No. 1330-21
Confined Feeding Operations (CFOs)
11. CONFINED FEEDING OPERATIONS (CFOs)
Context
The MD is a headwaters municipality within the foothills of the eastern slopes of the
Rocky Mountains. This landscape has many competing opportunities for
development. In terms of appropriate location for confined feeding operation
locations, a balance must be obtained for protection of the environment, residential
development and other parts of the economy. Major waterways and their valleys,
residential and urban growth areas, and tourism/transportation corridors are all to
be separated from the CFO development as a means for the protection of these
community assets.
The following municipal development plan policies are adopted for the purpose of:
-
providing the Natural Resources Conservation Board (NRCB)
requirements that the Council of the M.D. of Pincher Creek wish to
have considered when applications for CFOs are evaluated for
approval; and
-
providing guidelines for the municipality when providing comments
to the NRCB regarding applications for CFOs.
Objective
1.
To acknowledge the role the NRCB has through Agricultural Operations Practices Act
(AOPA) in CFO approvals while providing developers and the NRCB with specific
parameters for proposals within the municipality.
Policies
11.1
Confined feeding operations shall not be approved in the areas shown on Map 3, Confined
Feeding Operations - Exclusion Areas, including but not limited to:
(a)
the Oldman River Reservoir Area Structure Plan area,
(b)
any Urban Fringe district,
(c)
Burmis Lundbreck Corridor Area Structure Plan area,
(d)
adjacent to the Pincher Creek and Cowley Airports,
(e)
adjacent to major water bodies including the Waterton River and reservoir, the
Oldman River and reservoir, the Castle River, Pincher Creek, and Crowsnest River
(as depicted on Map 3).
The rationale for these prohibited areas are as follows. The Area Structure Plans and urban
fringe areas are planned populated residential areas and the MD finds that the noxious and
odorous nature of confined feeding operations is an incompatible use within these areas.
To provide an effective buffer, residential areas have either been included in the exclusion
area and may also have been provided prevailing wind protection from odour and fire
hazard. In the case of Intermunicipal Plans, the exclusion areas have been negotiated and
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Confined Feeding Operations (CFOs)
Municipal Development Plan Bylaw No. 1330-21
agreed upon by the municipalities. The MD also finds that as a headwaters community the
municipality has a duty to keep source water clean for its residents and downstream
populations. Further, the MD finds that the nature of feedlots as an attraction to flocking
birds is incompatible with aerodrome safety.
11.2
The following development setbacks are to be applied:
Front yard setback (frontage on public roadway): 30 m (98.4 ft.)
Side yard setback:
7.5 m (25 ft.)
Rear yard setback:
7.5 m (25 ft.)
Provincial highways 3, 6 and 22:
400m (1312 ft.)
-
all other provincial highways
80 m (262.5 ft.)
11.3
The approval authority or Council shall consider the results of a minimum distance
separation calculation using the Agricultural Operations Practices Act Standards and
Administration Regulation when considering:
(a)
the redesignation of a parcel to Grouped Country Residential or other district that
may allow uses sensitive to CFOs;
(b)
any development; or
(c)
any subdivision application allowed for in this plan.
11.4
The NRCB shall avoid locations considered as 'Environmentally Significant Areas' as
defined within this document.
11.5
Confined feeding operation policies contained within intermunicipal development plans
are unique to those plans and the municipality shall consult the policies contained therein
where appropriate.
11.6
Where policies within other plans or the land use bylaw conflict, this document's policies
shall prevail for the purposes of NRCB approvals under AOPA.
11.7
Where confined feeding operations have ceased operations or been abandoned, the
municipality will encourage the landowner to voluntarily have the permit withdrawn or
where appropriate through other planning mechanisms seek to condition the removal of
the permit.
11.8
The MD encourages development of Confined Feeding Operations that have short travel
distances to provincial highways or municipal roads designated as arterials or collectors
(Map 4). The MD may object to a proposed location where the travel distance or impact
to roads and bridges is deemed inappropriate.
11.9
The MD reserves the right to request the NRCB to condition CFO approvals for stormwater
management, road improvements, and consolidation of titles.
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Municipal Development Plan Bylaw No. 1330-21
Confined Feeding Operations (CFOs)
Planning Policies Section 12
Hamlets
25
Municipal Development Plan Bylaw No. 1330-21
Hamlets
12.
HAMLETS
Context
Hamlets are those semi urban development areas resembling a village or small
town. Outside of the designated area structure plans, much of the new development
in the MD is encouraged in the form of our hamlet communities planned from the
perspective of unique locational aspects of each hamlet.
Objectives
1.
To facilitate the orderly and economic expansion of our hamlet communities by limiting the
fragmentation and premature development of fringe lands.
2.
To encourage infill development within the hamlets for all land uses, where appropriate.
General Policies
12.1
The land use bylaw shall name and delineate the boundary for the following as "designated
hamlets" for the purpose of managing urban growth and development: Lowland Heights,
Beaver Mines, Lundbreck, Pincher Station, and Twin Butte.
12.2
The municipality shall encourage residential, commercial, and industrial development to
locate in suitably designated areas in hamlets recognizing that:
(a)
this may serve to strengthen the service centre role of hamlets, reduce the impact
of non-agricultural uses on the agricultural community and reduce the consumption
of agricultural land for non-agricultural uses; and
(b)
this can assist with accommodating growth in a logical, cost effective, sustainable
manner and where servicing may be efficiently planned and expanded to
accommodate future growth.
12.3
Hamlets shall continue to be the primary focus of public, residential, commercial, and
industrial development. Exceptions to this general policy are detailed in Sections 13, 14,
15.
12.4
When considering applications for either new residential development or redesignations
for residential uses, the location of existing or approved WECS, CFOs, sour gas wells/lines
or natural resource extraction sites should be considered.
12.5
Council may consider differentiating land use and development standards to specific
Hamlets within the hamlet districts.
12.6
All methods of connecting residents with local agricultural producers including but not
limited to farmers markets are encouraged within hamlets.
12.7
The keeping of animals within hamlet boundaries is regulated by the Animal Control bylaw
(and any amendments thereto) and the land use bylaw. Residents shall consult these
documents prior to possession of any animal.
12.8
Area structure plans may be required prior to approval of a development, subdivision
application or land use bylaw amendment within a hamlet. Area structure plan criteria are
provided within this document in the Section 5.
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Municipal Development Plan Bylaw No. 1330-21
A. Lowland Heights Policies
12.9
The policies of this plan respecting hamlets apply to the extent that they do not conflict
with the Municipal District of Pincher Creek No. 9 and Town of Pincher Creek
Intermunicipal Development Plan which addresses the Hamlet of Lowland Heights.
B. Beaver Mines Policies
12.10
As priorities and circumstances warrant, the municipality as a follow-up to this plan shall
consider undertaking a planning study for Beaver Mines in consultation with the residents
to address hamlet expansion, servicing, the location of underground mine workings,
surface drainage and other community planning issues.
12.11
The municipality shall continue to support and encourage high quality development in
Beaver Mines.
12.12
In cooperation with Alberta Transportation, the municipality shall ensure that access onto
Provincial Highways 774 and 507 is managed with a view to maintaining traffic and
pedestrian safety.
C. Lundbreck Policies
12.13
As priorities and circumstances warrant, the municipality as a follow-up to this plan shall
consider undertaking a hamlet study for Lundbreck in consultation with the residents to
address: provision of a small industrial area for the hamlet, commercial needs, hamlet
expansion, the extent of undermining both within and adjacent to the hamlet and other
community planning issues. Given the supply of residential lands within its boundaries,
the expansion of this hamlet for residential purposes is not anticipated in the foreseeable
future.
12.14 In partnership with Canadian Pacific Railway, the MD should monitor railway crossings
within the Hamlet to ensure vehicular and pedestrian traffic flow is not impeded and safety
concerns are addressed.
D. Pincher Station Policies
12.15
The municipality shall continue to accommodate industrial, warehousing and outdoor
storage uses in the industrial area, as well as residential and commercial development in
suitably designated areas recognizing that opportunities for development requiring water
and sewer services are limited because:
(a)
Pincher Station lacks these services;
(b)
groundwater is limited; and
(c)
heavy clay soils complicate the proper functioning of private sewage disposal
systems.
12.16
Pincher Station's servicing constraints shall be considered whenever a land use decision
is being considered.
12.17
If demand warrants, the municipality shall consider expanding Pincher Station for
residential and light industrial development taking into account servicing constraints and
the supply of vacant lands within the hamlet. It is anticipated that residential growth will
be in a westward direction while industrial growth will be eastward.
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Hamlets
12.18
The municipality shall endeavour to reduce land use conflicts within Pincher Station over
time.
12.19
In partnership with Canadian Pacific Railway, the MD should monitor railway crossings
within the Hamlet to ensure vehicular and pedestrian traffic flow is not impeded and safety
concerns are addressed.
E. Twin Butte Policies
12.20
The municipality shall continue to support development and expansion of Twin Butte to
provide an alternative location for potential development near Waterton Lakes National
Park.
Planning Policies Section 13
Residential Development
28
Municipal Development Plan Bylaw No. 1330-21
Residential Development
13.
RESIDENTIAL DEVELOPMENT
Context
The demand for rural residential development can lead to conflicts with existing
agricultural land uses, impact the environment and create additional costs for
taxpayers. A comprehensive land use plan provides locational criteria for
residential subdivisions and developments in order to mitigate potential impact on
agricultural uses and the environment.
Objectives
1.
To protect and maintain the quality of existing residential development.
2.
To regulate and direct the development of new residential developments.
Policies
FireSmart Policy
13.1
To reduce the ignition zone around homes and prevent the fuel that can cause wildfires
to spread, development shall comply with the FireSmart regulations. New residential
development shall adhere to the FireSmart building materials and standards for new
construction. Recognizing the increased prevalence of extreme weather events and fires
globally, the MD should review and update these requirements regularly to ensure
development adjacent to wild lands are developed to the safest standard.
Dwellings Per Parcel policy
13.2
Except as provided in policies 13.3, 13.4 and 13.5 below, the land use bylaw shall ensure
that only one dwelling unit is located on a parcel.
13.3
Subject to the land use bylaw, more than one dwelling unit may be allowed on a parcel if:
(a)
the dwelling unit is a manufactured home in a designated manufactured home park
and both the manufactured home and the manufactured home park are in
accordance with the land use bylaw;
(b)
the dwelling unit is contained in a building which is designed for or divided into two
or more dwelling units and the dwelling unit is in accordance with the land use
bylaw;
(c)
the parcel is contained in a district in the land use bylaw that allows more than one
dwelling unit on a lot or a parcel; or
(d)
residential units in conjunction with bed and breakfast, country inn or hotel/motel.
13.4
A garden suite (as defined) shall be included in the land use bylaw to accommodate the
additional dwelling unit on a lot or parcel provided that the lot or parcel is designated for
such use.
13.5
In the Rural Area, the land use bylaw shall:
(a)
allow, as a discretionary use, the location of a second dwelling on a parcel, if the
parcel is an unsubdivided quarter section and the parcel cannot be subdivided
without the approval of the municipality; and
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Residential Development
Municipal Development Plan Bylaw No. 1330-21
(b)
allow, as a discretionary use, the location of any number of dwellings on a parcel
provided that the parcel is part of a farming operation and such dwellings will be
occupied by farm helpers, and the parcel cannot be subdivided without the
approval of the municipality; and
(c)
the proposed second dwelling unit is located within the same yard site limiting the
potential for fragmentation of agricultural land;
unless the parcel is located in the Airport Vicinity Protection Area or an area which is
subject to an intermunicipal development plan or an area structure plan in which case the
provisions of the Airport Vicinity Protection Area, the intermunicipal development plan or
the area structure plan shall govern.
Minimum Residential Parcel Size
13.6
Each lot or parcel in an area proposed for grouped country residential development in the
Rural Area shall contain a minimum of 1.2 hectares (3 acres) and this shall be reflected
in the land use bylaw unless an area structure plan or an intermunicipal development plan
establishes a different minimum in which case that different minimum shall apply.
13.7
The municipality in the land use bylaw shall establish minimum lot or parcel sizes in
hamlets and the Rural Area, but the municipality shall be reasonably flexible in allowing
development on existing lots or parcels which do not comply with the minimums
established in the bylaw, unless otherwise provided in an area structure plan or an
intermunicipal development plan.
Country Residences
13.8
Grouped country residential development shall be directed to specific locations, as shown
on the Municipal Development Plan Guide Map (Map 2), namely:
(a)
the Burmis Lundbreck Corridor (in accordance with the area structure plan for this
area);
(b)
the lands southwest of the Town of Pincher Creek (in accordance with the
Municipal District of Pincher Creek No. 9 and Town of Pincher Creek
Intermunicipal Development Plan); and
(c)
the Oldman River Reservoir (in accordance with the area structure plan for this
area).
13.9
Conventional single-detached residences shall be a permitted use and manufactured
homes will be either a permitted use or a discretionary use in the land use bylaw's
Agriculture district and other selected districts in the Rural Area (as defined) in order to
streamline the development of residences on existing lots or parcels, but:
(a)
proposed grouped country residential development (as defined) shall not be
allowed in the Rural Area unless the lands have been designated in the land use
bylaw for that use; and
(b)
a district in the land use bylaw shall not be construed as allowing grouped country
residential development merely because conventional single-detached residences
or manufactured homes are either a permitted or a discretionary use in that district.
13.10
The following districts shall be used to designate lands that are intended to be used for
grouped country residential development in the land use bylaw:
(a)
the Grouped Country Residential district; or
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Municipal Development Plan Bylaw No. 1330-21
Residential Development
(b)
if circumstances warrant, any other district designed to accommodate residential
development.
Grouped Country Residential Designation Criteria
13.11
Lands shall not be subdivided for grouped country residential development unless
subdivision is authorized by this plan, an area structure plan or an intermunicipal
development plan that affects the area and is designated for grouped country residential
use in the land use bylaw. [Appendix 1, Figure 1]
13.12
Land shall not be designated for grouped country residential development:
(a)
within 0.8 km (½ mile) of the municipal boundaries of the Village of Cowley;
(b)
within 0.8 km (½ mile) of the boundaries of a designated hamlet;
(c)
within the Airport Vicinity Protection Area or within such distance of this protection
area as the municipality considers reasonable and appropriate;
(d)
if, in the opinion of the municipality, the effect of the designation would:
(i) have a detrimental impact on the viability of agriculture in the area or, on the
continued agricultural use of adjoining lands; or
(ii) unnecessarily consume agricultural or grazing lands;
(e)
unless the area can be easily serviced with services provided by the municipality
or developer;
(f)
unless an MDS siting assessment is carried out in accordance with the Agricultural
Operations Practices Amendment Act and its Regulations and the results of this
assessment are considered by Council before final consideration of a designation
of land for grouped country residential development; and
(g)
unless basic information is provided by the person requesting the designation.
Such basic information shall include:
(i) plans or maps that shall be required by the municipality in respect of a
subdivision application;
(ii) an evaluation of land use within 0.8 km (½ mile) of the lands proposed for
designation and the anticipated impact that the designation will have on such
land use;
(iii) how access will be provided and the condition of roadways that will provide
access within 1.6 km (1 mile) of the lands proposed for designation; and
(iv) how the area proposed for designation will be serviced.
13.13
Area structure plans shall be required prior to approval of a subdivision application or land
use bylaw amendment when the proposal is intended to redesignate a parcel to grouped
country residential use. Area structure plan criteria are provided within this document in
the Section 5.
13.14
When
considering
area
structure
plans,
conceptual
design
schemes,
subdivision/development applications or redesignations for grouped country residential,
the location of existing or approved WECS, CFOs or natural resource extraction sites
should be considered.
Planning Policies Section 14
Industrial Developments
31
Municipal Development Plan Bylaw No. 1330-21
Industrial Development
14.
INDUSTRIAL DEVELOPMENT
Context
Historically within the MD of Pincher Creek, there have been few industrial
development sites. Limiting the location and scope of these sites has been done so
as a means to reduce land use conflict for nearby landowners. In the pursuit of a
diversified municipal economy, industrial uses can be considered in select
locations.
Objectives
1.
To discourage single lot industrial development along provincial highways and major
roadways.
2.
To complement and strengthen the service centre function of the area's urban centres and
designated hamlets and to conserve and protect agricultural land by:
(a)
encouraging industrial development to locate in designated locations in urban
areas, hamlets, and other appropriately designated locations;
(b)
discouraging industrial development in the urban fringe which surrounds urban
municipalities and designated hamlets;
(c)
discouraging the indiscriminate dispersal of industrial development in the Rural
Area; and
(d)
encouraging clustered industrial development.
Policies
14.1
Subject to policy 14.2 below, the municipality shall encourage most types of industrial
development to locate in a suitably designated area in a hamlet, an adjoining urban area,
or within a designated rural industrial area recognizing that:
(a)
lands are designated in the land use bylaw and reasonably available for industrial
development in the Hamlet of Pincher Station, and the Town of Pincher Creek;
(b)
development of lands already designated for industrial development serves to
lessen the potential for land use conflicts elsewhere;
(c)
concentrating development facilitates the provision of services; and
(d)
the proposed project is serviced by required existing or approved infrastructure at
the time of application.
14.2
Despite policy 14.1 above, the municipality shall not preclude consideration of industrial
development in the Rural Area. The land use bylaw shall ensure that agriculture-related
industries, outdoor storage/warehousing, hazardous industries, WECS, specialty
manufacturing/cottage industries and home occupations are discretionary uses in the
Rural Area to the extent this is reasonable and appropriate.
14.3
In the Rural Area, lands intended for rural industrial development shall be designated for
that use in the land use bylaw. But the municipality does not anticipate designating
additional areas in the foreseeable future, unless demand warrants.
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Industrial Development
Municipal Development Plan Bylaw No. 1330-21
14.4
Area structure plans may be required prior to approval of a subdivision application or land
use bylaw amendment when the proposal is intended to develop an industrial land use.
Area structure plan criteria are provided within this document in the Section 5.
14.5
Buffers and/or transitional land uses shall be required to minimize conflicts between
industrial and residential developments.
Planning Policies Section 15
Commercial Developments
33
Municipal Development Plan Bylaw No. 1330-21
Commercial Development
15.
COMMERCIAL DEVELOPMENT
Context
Commercial development is important to the MD's economic outlook and can be
found in various settings across the municipality. Hamlets contain the bulk of these
opportunities, but Rural Areas also provide some outlet for commercial ventures.
Objectives
1.
To discourage strip commercial development along provincial highways and major
roadways.
2.
To complement and strengthen the service centre function of the area's urban centres and
designated hamlets and to conserve and protect agricultural land by:
(a)
encouraging commercial development to locate in designated locations in urban
areas, hamlets, and other appropriately designated locations;
(b)
discouraging commercial development in the urban fringe which surrounds both
urban municipalities and designated hamlets; and
(c)
discouraging the indiscriminate dispersal of commercial development in the Rural
Area.
3.
To provide for an allowance in the land use bylaw for home occupation and cottage industry
to locate within farmsteads and country residences in the Rural Area.
4.
To provide guidance for tourism and recreation development within the Rural Area.
Policies
15.1
The municipality shall continue to encourage commercial and highway commercial
development to locate in suitably designated locations in hamlets and urban locations.
15.2
Commercial development, including highway commercial development shall only be
accommodated in the Rural Area through the land use bylaw by land use districts intended
specifically for these uses, but commercial uses such as bed and breakfasts and home
occupations shall continue to be allowed as discretionary uses in appropriate land use
districts in the Rural Area.
15.3
The land use bylaw shall be written with a view to maintaining a distinction between
commercial and residential development.
15.4
Highway commercial development may be considered in a location other than a hamlet if
the proposed site:
(a)
is adjacent to a provincial highway, and provides safe access to the provincial
highway according to Alberta Transportation standards,
(b)
meets the intent of orderly development in an urban fringe
(c)
is for a clustered development and shall avoid a strip of commercial uses,
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Commercial Development
Municipal Development Plan Bylaw No. 1330-21
(d)
is not adversely affecting the agricultural productivity of adjacent lands nor is on
good quality agricultural land as determined by the approval authority,
(e)
is designated for the use in the land use bylaw.
15.5
Prior to a redesignation for commercial being considered by Council or a development or
subdivision application being considered by the approval authority, an area structure plan
may be required. Area structure plan criteria are provided within this document in the
Section 5.
Recreation and Tourism
15.6
Prior to redesignation or expansion of existing developments, an area structure plan or
concept plan may be required depending on the size of the development or its potential
impacts. This plan should include but is not limited to the following:
(a)
site plans and drawings - although professional plan preparation is preferable, the
diagrams may be accepted if they are clear and accurate;
(b)
compliance with all provincial policies or requirements including but is not limited
to Stepping Back from the Water, Alberta building code, the Recreation Area
Regulation, Bear Smart, FireSmart, and the Public Lands Act;
(c)
identification of other hazards such as flood or mass wasting prone lands or
environmentally sensitive areas, including historic and other resources;
(d)
sewer system - which will be determined using the soils data provided in
accordance with the Alberta Private Sewage Systems: Standard of Practise.
Pump out systems are preferred adjacent to water bodies;
(e)
domestic water - these systems will be to the satisfaction of the approval authority
and in compliance with the Water Act;
(f)
roadways and access points - including the standards for construction;
(g)
provision for other utilities and services - including comments from the appropriate
supplier;
(h)
stormwater surface drainage control - which is required to protect water bodies
and adjacent parcels;
(i)
development concept - including lot density, permanent vs non-permanent
buildings, analysis of impact on adjacent property or structures, and land tenure;
(k)
landscaping and appearance; and
(l)
any other information that Council or the development authority may consider
necessary.
15.7
Tourist and commercial/private recreation type development shall be designated in the land
use bylaw by a land use district that is intended for such development.
15.8
Proposals for large scale developments shall be evaluated on a site specific basis and will
normally only be considered feasible on lands located adjacent to existing major
transportation routes. A Transportation Impact Analysis may be required.
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Municipal Development Plan Bylaw No. 1330-21
Commercial Development
15.9
Tourism and recreation development can have significant negative social impact on
adjacent landowners. Developers may be required to demonstrate that any negative impact
can be mitigated to the satisfaction of Council or approval authorities.
15.10
The MD supports regional and intermunicipal partnerships and cost-sharing
arrangements that provide recreational opportunities for MD residents.
15.11
To manage the use of Crown lands for tourism and recreation opportunities, the MD
encourages open dialog with the province regarding use of MD infrastructure, intended
capacity of parks, use and protection of waterbodies and natural areas, and expansion of
Crown leases for recreation.
Planning Policies Section 16
Reserve Land & Lands for Roads and Utilities
36
Municipal Development Plan Bylaw No. 1330-21
Reserve Lands and Lands for Road and Utilities
16. RESERVE LAND and LAND for ROADS AND UTILITIES
Context
In accordance with and subject to the MGA, the owner of a parcel of land subject of
a proposed subdivision must provide without compensation land for roads, public
utilities, land for environmental reserve, land for municipal or school reserve (or
money in lieu of land) as required by the Subdivision Authority. The municipality
may also require a conservation reserve with compensation to the landowner.
Reserves are the basis for preservation of land in the case of conservation reserves
and environmental reserves and the starting point for the creation of a parks and
open space system in the municipality.
Objective
1.
To develop a regional open space system that preserves environmental features such as
wetlands, rivers, creeks, habitat areas and tree stands that are an important part of
maintaining environmental function and to support partnerships that enhance the
development of recreation systems related to regional open spaces, tourism and
recreational facilities in both the urban and rural contexts.
Policies
16.1
Acquisition of land for recreation and open space corridors may occur through the
dedication of a Municipal Reserve, Environmental Reserve, Conservation Reserve,
voluntary reserve dedication, land purchase, or other means.
16.2
Acquisition of land for roads and public utilities may occur through the subdivision process,
the development process or other means. Where appropriate, multiuse corridors should be
considered in the assembly of land.
16.3
Municipal reserve will be provided in accordance with Sections 663, 666, and 667 of the
Municipal Government Act where the MD will require the dedication of up to 10% of the
parcel, less the land required for environmental reserve and the land subject to
environmental easement, for municipal reserve.
16.4
Municipal reserve is to be dedicated as:
-
Land being part of the parcel to be subdivided;
-
Money in place of land (cash-in-lieu);
-
A combination of land and money; or
-
Deferred reserve caveat.
16.5
Where money has been provided in place of land to satisfy the municipal reserve provisions
of the MGA, the MD shall deposit the monies into its reserve account and are to be utilized
in accordance with the MGA s.671.
16.6
The MD may develop working relationships with hamlet community associations,
volunteers and societies for the furtherance of parks, leisure services, and the preservation
of open spaces.
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Reserve Lands and Lands for Road and Utilities
Municipal Development Plan Bylaw No. 1330-21
16.7
The MD should protect existing public access to dedicated reserves via developed and/or
undeveloped road right of way access, unless demonstrated that there is a clear
community-wide benefit to removing access.
16.8
The MD should consider developing a management policy for all reserve dedications.
16.9
The MD will continue to consult with the school board to identify future school requirements
and will enter into and maintain a joint use and planning agreement with the board.
16.10
The MD should not accept as part of a required municipal reserve dedication:
(a)
legally encumbered rights-of-way or other limitations which would reduce or limit
usability of the site;
(b)
stormwater management facilities that can be accommodated within a public utility
lot;
(c)
lands within oil and gas well setback areas;
(d)
local walkways that can be accommodated within a right of way or utility lot; or
(e)
contaminated lands, unless mitigated to the satisfaction of the MD.
16.11
Natural areas that do not qualify as Environmental Reserve may be required as
Conservation Reserve in accordance with the Municipal Government Act.
16.12
Where the boundaries for Environmental Reserve need to be delineated, the MD may
require the landowner/developer to provide a biophysical assessment.
1
Environment and its Natural Capital
Municipal Development Plan Bylaw No. 1330-21
Planning Policies Section 17
Environment and its Natural Capital
38
Municipal Development Plan Bylaw No. 1330-21
Environment and its Natural Capital
17. ENVIRONMENT and its NATURAL CAPITAL
Context
The Vision and Mission statements of this document speak directly to the
importance the natural assets of the MD of Pincher Creek. Much of the liveability,
sustainability, and values of the citizenry is linked to the natural capital of the area.
A healthy ecosystem with all that entails in supporting the natural world also
supports the longevity of agricultural livelihoods. The language of this section may
introduce new terms such as habitat patch, but the outcome should be clear that it
is protecting our prairie grassland and waterways for generations to come.
Objectives
1
To protect and conserve the natural scenic attributes of foothills grazing lands and its
natural capital.
2.
To foster land use patterns that minimize environmental impact and facilitate the
development of a healthy, safe and viable municipality and to promote sustainable
development and land use patterns.
3.
To recognize hazard lands and either avoid development of these lands or, where
necessary, utilize mitigative measures to minimize the risk to health and safety and to
reduce the risk of property damage.
4.
To maintain the water quality in the headwaters and watersheds, recognizing that they are
a consumptive resource that affect downstream municipalities, landowners and other
consumers.
5.
As far as possible, to cooperate with the province in managing non-renewable resources
and water resources recognizing that the province has assumed a leadership role in
managing these resources.
Policies
Generally
17.1
The MD encourages dark sky initiatives through the implementation of responsible outdoor
lighting by landowners and businesses. Dark skies promotes ecological integrity,
aesthetics and human health.
17.2
The MD requires that development should build with the contours of the land and avoid
stripping and grading, where possible. And further, the MD requires that construction best
practices to reduce wind and water erosion of soils shall be required.
Environmentally Significant Areas and Hazard Lands
17.3
The municipality recognizes the following environmentally significant areas documents:
(a)
Environmentally Significant Areas in the Oldman River Region: Municipal District
of Pincher Creek (Cottonwood Consultants: for Alberta Forestry, Lands and
Wildlife and the Oldman River Regional Planning Commission) 1987.
(b)
Environmentally Significant Areas in Alberta: 2014 Update FINAL REPORT
(Report prepared for the Government of Alberta by Fiera Biological Consulting
Ltd.) 2014.
39
Environment and its Natural Capital
Municipal Development Plan Bylaw No. 1330-21
(c)
Any subsequent ESA document adopted by the MD or the Alberta government.
(d)
Any documented data set accessible through the Government of Alberta.
17.4
The MD through its land use bylaw shall continue to address hazard lands with a view to
reducing risks to health, safety and property damage. The MD may prohibit subdivision
and/or development in potential environmental hazard lands, including flood prone areas
and land prone to mass wasting, erosion or subsidence.
17.5
The MD shall not permit the subdivision or development of parcels located within the
1:100-year floodplain. In areas where there may be uncertainty as to where the floodplain
lies, the applicant may be requested to provide a professional assessment of the
floodplain at their expense.
17.6
The MD in cooperation with Alberta Environment shall through the land use bylaw
discourage development and subdivision in a flood fringe where the proposed
development or use entails risks to health, safety or property damage.
17.7
The MD shall prohibit subdivision and/or development in areas where brownfields (such
as former gas stations) and other man-made hazard lands exist (such as coal mining),
until the relevant approval authority is satisfied the development can proceed safely.
17.8
Prior to making a decision, the relevant approval authority may:
-
require a professionally prepared geotechnical analysis;
-
circulate development application to the relevant government department for
comment;
-
depending on the nature of the hazard, request an Environmental Impact
Assessment (EIA) at the applicant's expense.
17.9
The MD encourages the retention of trees and vegetation within and adjacent to
Environmentally Significant Areas. Trees prevent soil loss, intercept and slow down
stormwater, improve air quality, provide habitat, are aesthetically appealing, and provide
property owners with greater privacy.
Ecology
17.10 The MD shall encourage the use of best management practices for controlling noxious
weeds, prohibited noxious weeds or invasive plants.
17.11 The protection of wildlife corridors and habitat patches is important to the MD, and the MD
will consider provincial guidelines for planning purposes in this regard. The MD may
require the preparation of an impact assessment for the protection of suspected wildlife
corridors or habitat patches that may be significantly impacted by a proposed plan,
subdivision or development.
17.12
Development of an area structure plan or concept plan as well as applications for
subdivision and development shall consider and incorporate natural areas such as wildlife
corridors and habitat patches, trees strands, wetlands and water courses into their design.
17.13
The restoration of sensitive ecosystems, natural areas, and wildlife corridors that have
been previously disturbed is encouraged.
Water
17.14
The MD shall enforce setbacks to water bodies in their decision making processes. The
setbacks may be guided by the provincial guidelines, Stepping Back from the Water: A
40
Municipal Development Plan Bylaw No. 1330-21
Environment and its Natural Capital
Beneficial Management Practices Guide of New Development near Water Bodies in the
Alberta's Settled Region, the Alberta Wetland Policy or other recognized method of
establishing setbacks.
17.15
With regard to the wetland policy, the MD recognizes the goal of the Alberta Wetland
Policy is to conserve, restore, protect and manage Alberta's wetlands to sustain the
benefits they provide to the environment, society and economy. To achieve this goal the
MD recognizes the policy will focus on four outcomes:
-
wetlands of the highest value are protected for the long-term benefit of Albertans;
-
wetlands and their benefits are conserved and restored in areas where losses
have been high;
-
wetlands are managed by avoiding, minimizing and if necessary, replacing lost
wetland value; and
-
wetland management considers regional context.
17.16
The MD acknowledges the work done by the Oldman Watershed Council (OWC) within
the municipality and its grassroots approach to working with residents and decision-
makers in pursuing its goals. To that end the MD will reference OWC documents when
considering subdivision and development proposals.
17.17
Stormwater treatment and storage facilities should avoid the use of natural wetlands and
locate away from existing floodways and riparian areas.
17.18
The MD will protect ground water and ensure use does not exceed carrying capacity of
the land by:
(a)
Supporting long term ground water research and monitoring programs;
(b)
Mitigating the potential adverse impacts of development on groundwater recharge
areas;
(c)
Adhering to provincial ground water testing requirements, as part of the
development approval process; and
(d)
Encouraging and facilitating the capping of abandoned water wells to protect
against ground water leakage and cross contamination.
Planning Policies Section 18
Subdivision Policies
41
Municipal Development Plan Bylaw No. 1330-21
Subdivision Policies
18.
SUBDIVISION POLICIES
Context
The following objectives and policies provide guidance to the Subdivision Authority
Subdivision and Development Appeal Board and government appeal bodies when
rendering decisions.
Objectives
1.
To provide a policy framework for the subdivision of lands which will guide subdivision decisions
of the municipality and provide a basis for subdivision provisions in the land use bylaw.
Policies
Application of Subdivision Policies
18.1
The policies of this Part serve two functions:
(a)
they indicate the municipality's overall policies in respect to subdivision; and
(b)
they provide a framework for the "subdivision design standards" that will be incorporated
into the land use bylaw in accordance with the MGA.
18.2
The policies of this Part apply to the municipality (as defined) unless the lands are subject to an
area structure plan or an intermunicipal development plan, in which case the policies of the
applicable area structure plan or intermunicipal development plan apply to those lands.
18.3
The municipality shall not approve a subdivision application that does not comply with the policies
of this plan unless the lands which are the subject of an application are subject to an area structure
plan or an intermunicipal development plan and either of these plans, where applicable, allows the
subdivision.
18.4
Where a habitable residence needs to be determined, a safety codes inspection may be required
as part of the application and the results utilized in determining the completeness of the application
in accordance with PART IV of the land use bylaw.
General Requirements for All Subdivisions
18.5
All subdivision applications shall be processed in accordance with PART IV of the land use bylaw.
18.6
A subdivision application shall not be approved unless:
(a)
the services provided by the municipality can and will be coordinated with the creation of
any new lots without undue public expenditure;
(b)
each lot or parcel resulting from the subdivision, including any residual or parent parcel,
has:
(i) access to a public roadway as prescribed by the Subdivision and Development
Regulation, and
(ii) reasonable vehicular access to a public roadway at a location prescribed by the
municipality;
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Subdivision Policies
Municipal Development Plan Bylaw No. 1330-21
(c)
each lot meets the minimum lot size provided in the land use bylaw; and
(d)
each lot or parcel resulting from the subdivision contains a suitable development area (as
defined).
18.7
Subdivision applications shall be reviewed taking into consideration Alberta Environment's
applicable guidelines that are established under the Water for Life Strategy, Stepping Back from
the Water, Wetlands Policy, Public Lands Act, Water Act and any other or subsequent Act or Guide.
The results of this review shall be considered by the municipality's Subdivision Authority prior to
making a final decision on a subdivision application, but if a subdivision application proposes to
subdivide a single residential lot in the Rural Area in accordance with the policies of this plan, the
municipality will not be inflexible in the application of the guidelines provided that the requirements
of the Subdivision and Development Regulation are not compromised.
18.8
All subdivision decisions shall address School or Municipal Reserve as provided in Section 15 of
this Plan.
18.9
Where applicable, all subdivision decisions shall address Environmental and Conservation
Reserve as provided in Section 15 of this Plan.
Variance of Measurable Standards
18.10
Adherence to minimum lot size and measurable standards may be varied by the Subdivision
Authority or the Subdivision and Development Appeal Board if:
(a)
the applicant has proven to the Subdivision Authority or Subdivision and Development
Appeal Board the existence of a special or extenuating circumstance;
(b)
the effect of the variance would not, in the Subdivision Authority's opinion, conflict with the
agricultural or adjacent land uses in the area; and
(c)
reasons for the variance are clearly stated in the decision made by the Subdivision
Authority or the Subdivision and Development Appeal Board.
18.11
During the subdivision approval process, any variance granted for a required setback is for
subdivision purposes only and does not apply to development. Development variances must be
sought through the Development Authority under the land use bylaw.
Variances of Minimum Residual Agricultural Parcel Size
18.12
Recognizing that an unsubdivided quarter section (as defined) may contain:
(a)
64.75 ha (160 acres) more or less where there are no registered exceptions to the
Certificate of Title; or
(b)
less than 64.75 ha (160 acres) where there are:
(i) registered exceptions to the Certificate of Title including road widenings;
(ii) portions removed from the title for other public or semi-public uses;
(iii) quarter sections along the meridian correction line;
the municipality shall exercise some flexibility in applying the residual parcel size provisions of this
Part. But where an unsubdivided quarter section contains 32.38 ha (80 acres) or less, the residual
parcel size shall be enforced recognizing that this will preclude the subdivision of an existing
residence from an unsubdivided quarter section containing less than 28.33 ha (70 acres).
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Municipal Development Plan Bylaw No. 1330-21
Subdivision Policies
Subdivision of Agricultural Land for Extensive Agricultural Use
18.13
A subdivision application for extensive agriculture (as defined) shall not be approved unless:
(a)
the parcel which is the subject of the application is a fragmented parcel and the subdivision
complies with policies 18.19 and 18.20; or
(b)
in order to facilitate the reconfiguration of an existing quarter section, the proposed lot and
any residual or parent lot resulting from the subdivision contains a minimum of 64.75 ha
(160 acres). [Appendix 1, Figure 2, Policy 18.13]
18.14
A subdivision application for extensive agriculture which proposes to subdivide a quarter section
into two 32.38 ha (80 acre) parcels or any other configuration shall not be allowed. [Appendix 1,
Figure 3, Policy 18.14]
Allowable Country Residential Subdivisions
18.15
A subdivision application in the Rural Area for country residential use may be approved provided
that:
(a)
a single lot containing a habitable residence is proposed to be subdivided from an
unsubdivided or a subdivided quarter section in accordance with policies 18.16, 18.18 and
18.19;
(b)
a fragmented parcel is being subdivided in accordance with policies 18.19 through 18.21;
(c)
the lands have been designated for grouped country residential development in the land
use bylaw in accordance with the provisions of this plan; and
(d)
the application complies with other applicable policies of this plan.
Subdivision of a Single Residential Lot from an Unsubdivided Quarter Section
18.16
In the Rural Area, a subdivision application which proposes to subdivide an existing habitable
residence (or a farmstead containing a residence) from an unsubdivided quarter section shall not
be approved unless the proposed residential lot is as small as possible between 3 acres and
10 acres in size, but large enough to contain related buildings, structures and improvements.
[Appendix 1, Figure 4, Policy 18.16]
18.17
Only one subdivision shall be approved on an unsubdivided quarter section.
Subdivision of a Single Residential Lot from a Subdivided Quarter Section
18.18
Adjacent lands may be consolidated to achieve a larger residual parcel.
18.19
In the Rural Area, a subdivision application which proposes to subdivide an existing habitable
residence (or a farmstead containing a habitable residence) from a lot containing at least 32.38 ha
(80 acres) shall not be approved unless:
(a)
the lot was created previously as the result of the subdivision of a fragmented parcel in
accordance with this plan, and the lot has not been further subdivided to exclude a
residential lot or parcel; or
(b) that the quarter section contains a jurisdictional boundary of a Town, Village or Hamlet; and
(c)
the proposed residential lot is as small as possible between 3 acres and 10 acres in size,
but large enough to contain related buildings, structures and improvements. [Appendix 1,
Figure 5, Policy 18.19]
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Subdivision Policies
Municipal Development Plan Bylaw No. 1330-21
Subdivision of Fragmented Parcels
18.20
In the Rural Area, the subdivision of a fragmented parcel (as defined) shall not be approved for
residential or any other use:
(a)
unless the fragmented parcel is fragmented by reason of one or more developed public
roadways or a railway right-of-way with rails only; and
(b)
unless each lot resulting from the subdivision is described with reference to the boundaries
of the public roadways or railway and the boundaries of the existing parcel.
[Appendix 1, Figure 6, Policy 18.20]
18.21
In the case where another policy of this plan would allow for a subdivision to occur and the parcel
also has a potential fragmented parcel as described in policy 18.20, the fragmented parcel shall be
considered first, then the other policy would apply. [Appendix 1, Figure 7, Policy 18.21]
Property Realignment
18.22
The enlargement, reduction or realignment of an existing separate parcel may be approved
provided that:
(a)
the additional lands required are to accommodate existing or related improvements; or
(b)
the proposal is to rectify or rationalize existing titles, occupancy, cultivation or settlement
patterns; and
(c)
no additional parcels are created over and above those presently in existence; and
(d)
the proposed new lot and the proposed residual lot shall continue to have direct legal and
physical access to a public roadway, adequate development setbacks, and a suitable
building site; and
(e)
the size, location and configuration of the proposed lot shall not significantly affect any
irrigation or transportation system in the area nor the urban expansion strategies of
neighbouring municipalities. [Appendix 1, Figure 10, Policy 18.22]
Rural Industrial and Commercial Subdivisions
18.23
A subdivision application which proposes to subdivide one or more lots proposed for industrial use
may be approved in the Rural Area, but such an application shall not be approved unless the land
which is the subject of the subdivision application is designated for multi-lot industrial development
in the land use bylaw.
18.24
Subdivision provisions in the land use bylaw for the Rural Area shall ensure that:
(a)
the subdivision of vacant single lots for rural highway commercial or industrial development
shall be avoided as far as possible; and
(b)
the subdivision of a single lot containing existing rural highway commercial or industrial
development shall be accommodated in accordance with the provisions established in the
land use bylaw provided that any proposed lot is as small as practical.
[Appendix 1, Figure 8, Policy 18.24]
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Municipal Development Plan Bylaw No. 1330-21
Subdivision Policies
Subdivision of Confined Feeding Operations
18.25
In the Rural Area, a subdivision application which proposes to subdivide a lot for an existing
confined feeding operation from an unsubdivided quarter section may be approved provided that:
(a)
the Subdivision Authority is satisfied that satisfactory arrangements have been made for
manure disposal;
(b)
the lot is as small as possible between 3 acres and 10 acres, large enough to encompass
the improvements. [Appendix 1, Figure 9, Policy 18.25]
Subdivision of Agricultural Land for Public and Institutional Uses
18.26
In the Rural Area, a subdivision application which proposes to subdivide a lot for an existing public
and institutional use including cemeteries, public utilities, and public parks shall be governed in
accordance with the provisions established in the land use bylaw provided that any proposed lot is
as small as practical.
Subdivision of Parks and Rural Recreation Districts
18.27
A subdivision application which proposes to subdivide one or more lots proposed for parks or rural
recreational use may be approved in the Rural Area, but such an application shall not be approved
unless the land which is the subject of the subdivision application is designated for that
development in the land use bylaw.
18.28
For subdivisions for designated Parks and Open Space, the applicable land use district minimum
lot sizes and standards of development shall apply, which are dependent on the type of use
proposed and the availability of servicing. Where no minimum lot size is provided in the land use
bylaw, the lot size shall be determined by the Subdivision Authority.
18.29
For subdivisions for various residential or other uses within designated Rural Recreation districts,
the applicable land use district minimum lot sizes and standards of development shall apply, which
are dependent on the type of use proposed and the availability of servicing. Where no minimum lot
size is provided in the land use bylaw, the lot size shall be determined by the Subdivision Authority.
Hamlet Residential and Other Hamlet Uses
18.30
For subdivisions for various residential or other uses within designated hamlets, the applicable
hamlet land use district minimum lot sizes and standards of development shall apply, which are
dependent on the type of use proposed and the availability of servicing. Where no minimum lot size
is provided in the land use bylaw, the lot size shall be determined by the Subdivision Authority.
18.31
Through lots or double frontage lots (Figure 18.1), shall be avoided except where essential to
separate residential development from traffic arteries or to overcome specific disadvantages of
topography and orientation. In such cases, access will be allowed only on the lower classification
street.
18.32
Flag lots (Figure 18.1) are prohibited in the Hamlet residential districts. Flag lots or parcels may
be permitted in other districts where lots exceed 0.2 ha (0.5 acre) under the following conditions:
(a)
the flag lot directly accesses a local or residential street;
(b)
the aggregate width of the pole, or poles for two (2) adjacent flag lots, is a minimum of
12.1 m (40 ft) in width with minimum access width 6.1 m (20 ft).
46
Subdivision Policies
Municipal Development Plan Bylaw No. 1330-21
18.33
All rectangular lots and, so far as practical all other lots, shall have side lot lines at right angles to
straight street lines or radial side lot lines to curved street lines. Unusual or odd shaped lots having
boundary lines that intersect at extreme angles shall be avoided.
18.34
The lot line common to the street right-of-way line shall be the front line. All lots shall face the front
line and a similar lot across the street. Wherever feasible, lots shall be arranged so that the rear
line does not abut the side line of an adjacent lot.
18.35
No lot or parcel shall be created which does not provide for a buildable area as defined by the
applicable land use district, except pursuant to an area structure plan.
Figure 18.1
18.36
The length and width of blocks shall be sufficient to accommodate two (2) tiers of lots with minimum
standards specified by the applicable land use district and this chapter, except where a single row
of lots back up to an arterial street. When reviewing proposed lot and block arrangements, the
Subdivision Authority shall consider the following factors:
(a)
Adequate Building Sites Required: Provisions of adequate building sites suitable to the
special needs of the type of land use (residential, commercial or other) proposed for
development shall be provided, taking into consideration topographical and drainage
features;
(b)
Minimum Lot Sizes Established: Minimum land use district and lot requirements defining
lot sizes and dimensions shall be accommodated without creating unusable lot remnants;
(c)
Safe Access Required: Block layout shall enable development to meet all Municipal
District's engineering requirements for convenient access, circulation, control and safety of
street traffic.
Appendix 1
Figures of Subdivision Examples
47
Municipal Development Plan Bylaw No. 1330-21
Figures of Sudivision Examples
Appendix 1
Figures of Subdivision Examples
Figure 1, Policy 13.11
48
Figures of Subdivison Examples
Municipal Development Plan Bylaw No. 1330-21
Appendix 1
Figures of Subdivision Examples
Figure 2, Policy 18.13
49
Municipal Development Plan Bylaw No. 1330-21
Figures of Sudivision Examples
Appendix 1
Figures of Subdivision Examples
Figure 3, Policy 18.14
50
Figures of Subdivison Examples
Municipal Development Plan Bylaw No. 1330-21
Appendix 1
Figures of Subdivision Examples
Figure 4, Policy 18.16
51
Municipal Development Plan Bylaw No. 1330-21
Figures of Sudivision Examples
Appendix 1
Figures of Subdivision Examples
Figure 5, Policy 18.19
52
Figures of Subdivison Examples
Municipal Development Plan Bylaw No. 1330-21
Appendix 1
Figures of Subdivision Examples
Figure 6, Policy 18.20
53
Municipal Development Plan Bylaw No. 1330-21
Figures of Sudivision Examples
Appendix 1
Figures of Subdivision Examples
Figure 7, Policy 18.21
54
Figures of Subdivison Examples
Municipal Development Plan Bylaw No. 1330-21
Appendix 1
Figures of Subdivision Examples
Figure 8, Policy 18.24
55
Municipal Development Plan Bylaw No. 1330-21
Figures of Sudivision Examples
Appendix 1
Figures of Subdivision Examples
Figure 9, Policy 18.25
56
Figures of Subdivison Examples
Municipal Development Plan Bylaw No. 1330-21
Appendix 1
Figures of Subdivision Examples
Figure 10, Policy 18.22
Appendix 2
Definitions
57
Municipal Development Plan Bylaw No. 1330-21
Definitions
DEFINITIONS
Abutting, adjoining or adjacent land shall be defined per MGA 616(a).
Agricultural land means (from AOPA):
(a)
land the use of which for agriculture is either a permitted or discretionary use under the land use
bylaw of the municipality in which the land is situated or is permitted pursuant to Section 643 of
the MGA.
(b)
land that is subject to an approval, registration or authorization, or
(c)
land that is described in an ALSA regional plan, or in a conservation easement, conservation
directive or transfer development credit scheme as those terms are defined in ALSA, that is
protected, conserved or enhanced as agricultural land or land for agricultural purposes.
Agricultural operation means an agricultural activity conducted on agricultural land for gain or reward or
in the hope or expectation of gain or reward, and includes (from AOPA)
(a)
the cultivation of land,
(b)
the raising of livestock, including diversified livestock 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,
(h)
the operation of agricultural machinery and equipment, including irrigation pumps,
(i)
the application of fertilizers, insecticides, pesticides, fungicides and herbicides, including
application by ground and aerial spraying, for agricultural purposes,
(j)
the collection, transportation, storage, application, use, transfer and disposal of manure,
composting materials and compost, and
(k)
the abandonment and reclamation of confined feeding operations and manure storage facilities.
Agricultural Operations Practises Act (AOPA) provides the legislative foundation for agriculture and
confined feeding operations in the province.
Alberta Land Stewardship Act (ALSA) provides the legislative foundation for land use planning in
Alberta.
Amenities mean items and elements including, but not limited to, landscaped areas, patios, balconies,
site furniture, swimming pools, beaches and other similar items that are intended for private or public use
as specified by the Development Authority.
Area structure plan means a framework adopted by bylaw in accordance with the Municipal Government
Act for the subdivision and development of an area of land which describes the sequence of
development, land uses proposed, population density, location of major transportation routes and public
utilities and other matters Council considers necessary.
58
Definitions
Municipal Development Plan Bylaw No. 1330-21
Best management practice means an operating practice that enhances the sustainability of the
resource to which the practice relates that is also practical and economically achievable.
Biodiversity refers to the assortment of life on earth--the variety of genetic material in all living things,
the variety of species on earth and the different kinds of living communities and the environments in
which they occur.
Buffer means an area of natural vegetation maintained around a feature to mitigate the effects of any
activity applied to the area beyond the buffer.
Building means any structure constructed or placed on, in, over, or under land, but does not include a
highway, road or bridge.
Bylaw means a local law; a law made by a municipality, company, club, etc. for the control of its own
affairs.
Commercial means the use of land and/or buildings for the purpose of public sale, display and storage of
goods and/or services on the premises. Any on premise manufacturing, processing or refining of
materials shall be incidental to the sales operation.
Commercial/private recreation means the recreational use of lands and buildings for financial gain
where the public is admitted only on the payment of a fee or where admission is limited to members of a
club, organization or association. Examples include amusement parks, campgrounds and recreational
vehicle parks, golf courses and driving ranges, gun or archery ranges, guest ranches, riding stables and
riding academies, waterslides and war games facilities.
Concept plan (Conceptual scheme) means a detailed site layout plan for a parcel of land which typically
addresses the same requirements of an Area Structure Plan but which is not adopted by bylaw which:
(a)
shows the location of any existing or proposed buildings;
(b)
describes the potential effect and/or relationship of the proposed development on the surrounding
area and the municipality as a whole; and
(c)
provides for access roads, water, sewer, power and other services to the satisfaction of the
Subdivision Authority or Council.
Confined feeding operation means confined feeding operation as defined in the Agricultural Operation
Practices Act (AOPA).
Conservation means the responsible preservation, management and care of the land and of its natural
and cultural resources.
Conservation reserve means conservation reserve as defined in the Municipal Government Act.
Cottage industry (Specialty manufacturing) is as defined in the land use bylaw.
Country residence means a use of land, the primary purpose of which is for a dwelling or the
establishment of a dwelling in a rural area, whether the dwelling is occupied semi-permanently or
permanently. This use may or may not include a farmstead.
Cultural resource means a site or structure that forms an integral part of an area's cultural heritage by
typifying a particular stage of human activity in the area.
Cumulative effects means the combined effects of past, present and reasonably foreseeable land use
activities, over time, on the environment.
59
Municipal Development Plan Bylaw No. 1330-21
Definitions
Decision maker means a person who, under an enactment or regulatory instrument, has authority to
grant a statutory consent, and includes a decision-making body.
Designate "redesignate", "redistrict", or "rezone" means changing the existing land use district on the
official land use district map in the land use bylaw.
Ecological integrity refers to the quality of a natural, unmanaged or managed ecosystem, in which the
natural ecological processes are sustained, with genetic, species and ecosystem diversity assured for the
future.
Ecosystem refers to the interaction between organisms, including humans, and their environment.
Ecosystem health/integrity refers to the adequate structure and functioning of an ecosystem, as described
by scientific information and societal priorities.
Environmental reserve means environmental reserve as defined in the Municipal Government Act.
Environmental reserve easement means environmental reserve easement as defined in the Municipal
Government Act.
Environmentally significant area (ESA) means a public park, designated historic or archaeological site,
environmentally sensitive area, forest reserve or any similar facility, regardless of ownership and may be
illustrated in the report, "Environmentally Significant Areas in the Oldman River Region - Municipal
District of Pincher Creek" prepared by Cottonwood Consultants Ltd. for Alberta Forestry, Lands and
Wildlife, Edmonton, Alberta, and Oldman River Regional Planning Commission, Lethbridge, Alberta,
1988.
Excavation means cutting or digging of the earth's surface which alters the original landscape by making
a hole or hollow (pit).
Extensive agriculture means the production of crops and/or livestock by the expansive cultivation or
open grazing of existing titles or proposed parcels usually greater than 160 acres on dryland or 80 acres
on irrigated land.
Farmstead means a developed area of land that includes a residence and functions or has functioned as
a service area for an agricultural operation. A farmstead, in addition to the mandatory residence, normally
includes farm buildings (for storage of farm equipment, feed, produce, etc.) corrals, other structures,
dugouts and such other development or facilities that are necessary for the functioning of an agricultural
operation. The area extent of a farmstead is normally defined by fences and/or shelterbelts.
FireSmart means the actions taken to minimize the unwanted effects of wildfire, while recognizing the
important role it has in maintaining healthy landscapes.
Fragmentation means the process of reducing the size and connectivity of an area.
Fragmented parcel means a parcel or lot that contains one or more areas, which are separated from the
remainder of the parcel or lot by a registered exception on the Certificate of Title for a registered public
roadway or a railway. An encumbrance such as easement or a right-of-way that is not an exception from
a title is not a registered exception.
Garden suite means a supplementary dwelling unit that is located on the same lot or parcel as a principal
dwelling unit, where one dwelling is used to house, on a temporary basis, individuals that are receiving
care from or providing care to residents of the principal dwelling.
Grouped country residential development means development that is located or intended to be
located in a designated area for:
(a)
two or more abutting country residential lots; or
60
Definitions
Municipal Development Plan Bylaw No. 1330-21
(b)
two or more residences on a lot or parcel commonly containing less than 28.33 ha (70 acres)
where the residences are:
(i) not used or intended to be used for farm help, nor
(ii) authorized for use as a garden suite nor otherwise authorized by this plan or the land use
bylaw.
Guideline means a basis for determining a course of action. An environmental guideline can be either
procedural, directing a course of action; or numerical, providing a numerical value that is generally
recommended to support and maintain a specified use; a numerical concentration or narrative statement
recommended to support and maintain a designated use.
Habitable residence means a permanent building or part of a permanent building, intended to be used
as a place of residence for humans, the condition of which allows for the inhabitants to live in reasonable
comfort free of serious defects to health and safety and containing reasonable cooking, eating, living,
sleeping and sanitary facilities.
Habitat patches means any discrete area with a definite shape used by a species for breeding or
obtaining other resources.
Hamlet means an unincorporated urban community within a municipal district or specialized municipality
with: five or more dwellings (the majority of parcels less than 1,850 square metres); a generally accepted
name and boundary; and contains parcels of land that are used for non-residential purposes.
Hazardous land means lands that could be unsafe for development due to naturally occurring processes
including flooding, erosion, avalanche, mass wasting and sink holes or that due to human activity is
contaminated, unstable, prone to flooding or otherwise unsuited for development or occupation because
of its inherent danger to public health, safety or property.
Headwaters means the source and upper tributaries of a stream or river.
Heritage refers to all of the qualities, features, characteristics and traditions associated with a particular
culture that have been transmitted from the past as a tradition.
Highway commercial development means development, typically along a major roadway or highway,
which provides goods and services to the travelling public. Typical highway commercial uses include
service stations, truck stops, motels, hotels and fast-food restaurants.
Intensive horticulture use means any relatively small parcels of land and/or buildings which are
employed for the commercial production and sales (on or off site) of specialty crops grown by high yield
and density techniques. Examples include, but are not necessarily limited to: greenhouses, nurseries,
hydroponic or market gardens, mushroom or tree farms.
Intermunicipal Collaborative Framework (ICF), established under Part 17.2 of the Municipal
Government Act, provides a forum for neighbouring municipalities to work more closely together to better
manage growth, coordinate service delivery, and optimize resources for citizens.
Intermunicipal Development Plan (IDP) is a statutory document used to facilitate intermunicipal
planning between two municipalities in accordance with s. 631 of the Municipal Government Act.
Land use decision means a decision pertaining to:
(a)
an amendment to a statutory plan or the land use bylaw;
(b)
an application for subdivision
61
Municipal Development Plan Bylaw No. 1330-21
Definitions
(c)
an application for development.
Multi-use corridors means a dedicated land area for co-location of linear infrastructure that supports
economic linkages. May include highways, roads, electricity transmission lines, pipelines, water
management, fibre-optic cables and recreation trails.
Municipal Government Act (MGA) means the Municipal Government Act, Revised Statutes of Alberta
2000, Chapter M-26, and subsequent amendments. The MGA provides the legislative framework to guide
the operations of municipalities.
Municipal reserve means municipal reserve as defined in the Municipal Government Act.
Municipality means, for the purposes of this Municipal Development Plan, the Municipal District of
Pincher Creek No. 9 and, where the context requires, this municipality's Council, Subdivision Authority or
Development Authority, or whichever other municipality the term may be referring to in the context of the
sentence in which it has been used.
Natural environment can generally be described as those elements of the physical environment that
have not been altered by the construction of the built environment, or that, if they have been altered by
the built environment, may only exist as a result of natural processes such as the hydrologic cycle,
photosynthesis, and other processes fundamental to the development and sustaining of flora and fauna.
Natural resources means a material source of wealth such as gravel, sand, soil, oil, and gas, that occurs
in a natural state and has economic value.
Orientation means the arranging or facing of a building or other structure with respect to the points of the
compass.
Outline plan means a more specific planning framework for an area included within an Area Structure
Plan or conceptual design scheme which conforms to the general principles and concepts established in
those plans. This may include, but is not limited to, more detailed engineering studies or planning
designs.
Parcel means the aggregate of the one or more areas of land described in a Certificate of Title, or
described in a Certificate of Title by reference to a plan filed or registered in a land titles office.
Parcel, cut-off means a fragmented portion of a parcel of land or lot that is separated from the major part
of a parcel or lot by:
a. a railway with rails; or
b. a built public roadway or highway.
Plan means the Municipal District of Pincher Creek No. 9 Municipal Development Plan, and any
amendments hereto.
Pit means an excavation in the surface made for the purpose of removing, opening up, or proving sand,
gravel, clay, marl, peat, or any other substance, and includes any associated infrastructure, but does not
include a mine, quarry or borrow excavation.
Prime agricultural lands means lands categorized as Class 2 and 3 soils according to the classification
systems used by the Government of Alberta, Land Suitability Rating System (LSRS). These lands are
equivalent to Canada Land Inventory (CLI) Class 1, 2 and 3 soils. Prime Agricultural Lands are shown on
Map 5.
62
Definitions
Municipal Development Plan Bylaw No. 1330-21
Private sewage systems means the whole or any part of a system for the management, treatment and
disposal of sewage on the site where the sewage is generated, but does not include anything excluded by
the regulations pursuant to the Safety Codes Act.
Public land means land managed by the Government of Alberta for the benefit of all Albertans.
Public Land Use Zones (PLUZ) are areas of land designated under the Public Lands Administration
Regulation designed to facilitate and manage a wide range of recreational activities that are compatible
with mining, forestry, surface materials extraction and livestock grazing activities, while also affording
protection to sensitive areas and maintaining key wildlife habitat.
Public/institutional means public or quasi-public uses, areas or facilities such as, but not necessarily
limited to: churches, schools, community halls, cemeteries, weigh scales, government agricultural
research stations, public utility facilities and structures, designated federal, provincial or municipal parks,
recreation and camping areas or other uses determined by special Development Authority ruling to be
similar in nature.
Quarry means any opening in, excavation in, or working of the surface or subsurface for the purpose of
working, recovering, opening up or proving ammonite shell or any mineral other than coal, a coal bearing
substance, oil sands, or an oil sands bearing substance, and includes any associated infrastructure.
Reclamation means the process of reconverting disturbed land to its former or other productive uses.
Recreational facilities means development that includes golf courses, campgrounds, wellness centres,
ice arenas, aquatics, plazas and squares, resort developments or similar, as defined in the land use
bylaw, that enhances the overall function of the MD's recreation system.
Renewable or Alternative Energy means a development for the advancement, manufacture, wholesale,
resale and repair of renewable energies including, but not limited to, Wind Energy Conversion Systems
(WECS), geothermal, and solar collector systems.
Residence means a complete building or self-contained portion of a building, set or suite or rooms for the
use of one or more individuals living as a single housekeeping unit, containing sleeping and cooking
facilities and separated or shared toilet facilities and which unit is intended as a permanent or semi-
permanent residence.
Residual parcel means that portion of land that remains after a lot is subdivided from it.
Resource means any naturally occurring or man-made thing on or concerning land.
Restoration refers to the process of restoring site conditions as they were before the land disturbance.
Riparian areas can generally be described as those lands adjacent to streams, rivers, lakes and
wetlands where the vegetation and soils are strongly influenced by the presence of water.
Rural area means the lands outside the boundaries of a designated hamlet or an urban settlement.
Rural land means all land in the Municipal District of Pincher Creek excepting that which is contained
within the designated boundaries of a hamlet.
Shall, Must, or Will means a directive term that indicate the actions outlined are mandatory and apply to
all situations.
Should or May means a directive term that indicates a preferred outcome or course of action but one that
is not mandatory.
63
Municipal Development Plan Bylaw No. 1330-21
Definitions
Siting can generally be described as the process of identifying where development should occur on a
given lot or in a given area, including such site elements as parking, access, buildings, loading and
unloading areas, and so on.
South Saskatchewan Regional Plan (SSRP) means the regional plan and regulations established by
order of the Lieutenant Governor in Council pursuant to the Alberta Land Stewardship Act.
Statutory plan means a plan adopted by a municipality by bylaw in accordance with the Municipal
Government Act.
Stewardship means the responsible use and protection of the natural environment through conservation
and sustainable practices.
Subdivision means the division of a parcel of land by an instrument; as per the definition in the Municipal
Government Act.
Substation means a connection point between high voltage transmission lines and low voltage power
lines that reduces voltages to allow electricity to be safely distributed to the end user.
Suitable development area means that portion of a lot or parcel, (excluding areas that are subject to
setbacks or regulatory separation distances) which has no serious constraints to development including,
but not limited to, a high water table, active or abandoned oil or gas well, steep slopes, risk of flooding,
erosion or slumping or other matters impeding development and cannot accommodate attendant
essential facilities such as a water well and a private sewage disposal system.
Transmission line means a component of the electric highway that transports a variety of forms of
energy (wind, coal and natural gas) to the end user.
Unsubdivided quarter section has the same meaning as the Municipal Government Act, Subdivision
and Development Regulation definition and also means a single titled area containing 64.8 ha (160 acres)
more or less, but excluding registered right-of-way plans for public roadways, road widenings, utilities,
pipelines and previous subdivisions for government, quasi-public uses or school sites.
Use, compatible means a development capable of existing together with or nearby another
development(s), without discord or disharmony.
Use, suitable means a development which, in the opinion of the approving authority, is appropriate and
in accordance with established requirements.
Water Act provides for the allocation and use of Alberta's water resources and the protection of rivers,
streams, lakes, wetlands and aquifers.
Watershed means all lands enclosed by a continuous hydrologic-surface drainage divide that drains to a
larger body of water such as a river, lake or wetland. Watersheds can range in size from a few hectares to
thousands of square kilometres.
Wetlands are low-lying areas of land covered by water long enough to support aquatic plants and wildlife
for part of all of their life cycle.
Wildfire means any fire which is ignited, especially in rural areas, which spreads rapidly over woodlands,
brush, or prairie grassland.
Wildlife corridor means a physical linkage, connecting two areas of habitat and differing from the habitat
on either side. Corridors are used by organisms to move around without having to leave the preferred
habitat.
64
Definitions
Municipal Development Plan Bylaw No. 1330-21
Wind Energy Conversion System (WECS) means a structure designed to convert wind energy into
mechanical or electrical energy.
Wind Farm or project means a power plant consisting of a group of wind turbines and related facilities
connected to the same substation or metering point used for the production of electric power. The wind
farm boundary is defined by all titled parcels participating in the project.
65
Municipal Development Plan Bylaw No. 1330-21
Definitions
65
ipal Development Plan Bylaw No. 1330-21
Definitions
Appendix 3
Maps
NATIONAL
PARK
LAKES
WATERTON
GRANUM
PINCHER
CARDSTON
GLENWOOD
FORT
MACLEOD
CREEK
HILLSPRING
22
40
22
3
2
5
2
6
3
5
6
3
2
2
2
6
3
COLUMBIA
BRITISH
No. 147
NATION
PIIKANI
RESERVE
No 26
PINCHER CREEK
CARDSTON COUNTY
M.D. OF
RANCHLAND
No 66
M D OF
No 9
MUNICIPALITY OF
CROWSNEST PASS
WILLOW CREEK
BLOOD
RESERVE
PIIKANI
NATION
No. 147
M D OF
TWIN BUTTE
STATION
BEAVER MINES
LUNDBRECK
HEIGHTS
LOWLAND
COWLEY
PINCHER
BLOOD
MUNICIPAL DISTRICT OF
REGIONAL LOCATION
MAP 1
PINCHER CREEK No. 9
MUNICIPAL DEVELOPMENT PLAN