Bylaw 1309-19 CNP Intermunicipal Development Plan
Municipal District of Pincher Creek No. 9, Alberta
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Municipal District of
Pincher Creek No. 9
&
Municipality of
Crowsnest Pass
Intermunicipal
Development Plan
Bylaw No. 1309-19 & Bylaw No. 1035, 2019
September 2019
© 2019 Oldman River Regional Services Commission
Prepared for the Municipal District of Pincher Creek No. 9 and Municipality of Crowsnest Pass
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 Municipalities
addressed and the Oldman River Regional Services Commission. This disclaimer is attached to and forms part of the document.
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Municipal District of Pincher Creek No. 9 & Municipality of Crowsnest Pass
Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
Table of Contents
Table of Contents
1 | INTRODUCTION ...................................................................................................................... 1
1.1 Purpose of the Plan ..................................................................................................................... 1
1.2 Plan Preparation ........................................................................................................................... 2
1.3 Municipal Profiles ........................................................................................................................ 2
Municipal District of Pincher Creek No. 9 ................................................................................ 2
Municipality of Crowsnest Pass ............................................................................................... 3
1.4 Legislative Requirements ............................................................................................................ 3
1.5 Other Statutory Documents and Plans ........................................................................................ 5
Burmis Lundbreck Corridor Area Structure Plan (ASP) ............................................................ 5
2 | PLAN AREA ................................................................................................................... 6
2.1 Study Area Analysis ..................................................................................................................... 6
2.2 Key Characteristics of the Plan Area ........................................................................................... 6
Land Use and Residential Development .................................................................................. 6
Transportation Infrastructure .................................................................................................. 7
Natural Environment and Historic Resources .......................................................................... 7
Natural Resource Extractions and Energy Development ......................................................... 7
3 | POLICIES ....................................................................................................................... 8
3.1 General ........................................................................................................................................ 8
Burmis Lundbreck Corridor Area Structure Plan ...................................................................... 8
3.2 Land Use ...................................................................................................................................... 9
Agriculture ............................................................................................................................... 9
Rural Recreational and Grouped Country Residential ............................................................. 9
Commercial and Industrial Development .............................................................................. 10
Resource Extraction and Energy Development ...................................................................... 10
Utilities / Telecommunications Towers ................................................................................. 10
3.3 Transportation and Road Networks .......................................................................................... 11
3.4 Natural Environment ................................................................................................................. 11
3.5 Interpretation ............................................................................................................................ 12
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Municipal District of Pincher Creek No. 9 & Municipality of Crowsnest Pass
Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
Table of Contents
4 | PLAN ADMINISTRATION & IMPLEMENTATION ............................................................. 13
4.1 Intermunicipal Development Plan Committee Policies ............................................................. 13
4.2 Referral Policies ......................................................................................................................... 14
General .................................................................................................................................. 14
Municipal Development Plans ............................................................................................... 15
Other Statutory Plans ............................................................................................................ 15
Land Use Bylaws .................................................................................................................... 15
Design Concepts .................................................................................................................... 16
Subdivision and Development ............................................................................................... 16
Response Timelines ................................................................................................................ 16
Consideration of Responses ................................................................................................... 17
4.3 Plan Validity and Amendment Policies ...................................................................................... 17
5 | DISPUTE RESOLUTION POLICIES ................................................................................... 18
5.1 General Dispute Process ............................................................................................................ 18
General Agreement ............................................................................................................... 18
Dispute Resolution ................................................................................................................. 18
Filing an Intermunicipal Dispute under the Municipal Government Act ............................... 19
Dispute Resolution Flowchart ................................................................................................ 20
APPENDIX A | MAPS
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Municipal District of Pincher Creek No. 9 & Municipality of Crowsnest Pass
Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
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Municipal District of Pincher Creek No. 9 &
Municipality of Crowsnest Pass
Intermunicipal Development Plan
1 | INTRODUCTION
1.1 Purpose of the Plan
The purpose of the Municipal District of Pincher Creek No. 9 (MD of Pincher Creek) and Municipality of
Crowsnest Pass (Crowsnest Pass) Intermunicipal Development Plan (IDP or the Plan) is to foster ongoing
collaboration and cooperation regarding planning matters and issues of mutual interest and address and
clarify land use expectations within the agreed upon intermunicipal development plan area (Plan Area).
This IDP serves as a planning tool providing guidance to decision-makers through the agreed upon
planning policies that apply to the land within the Plan Area. The IDP contains policy that is to be used as
a framework for working cooperatively, communicating and making decisions in each municipality. Each
municipality is ultimately responsible for making decisions within their own municipal jurisdiction.
The intended goals of the IDP are:
-
To promote consultation, coordination and cooperation regarding planning matters of joint
interest within the Plan Area.
-
To provide a framework for addressing land use concerns with regard to joint planning matters
within the Plan Area.
-
To provide a clear policy framework that serves to guide future planning decisions for land located
within the Plan Area, affording enhanced coordination of development within the Plan Area.
The preparation and implementation of an IDP can result in many benefits to both municipalities
including, but not limited to, the following:
-
To establish an approach to identify possible joint ventures for infrastructure and service sharing
to promote efficient planning and potential delivery of services.
-
To reinforce and protect each municipality's development philosophies and goals while
minimizing the potential for future intermunicipal conflict.
-
To provide policy addressing plan administration, amendment and dispute resolution procedures.
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Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
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1.2 Plan Preparation
The formation of the Plan was guided by the IDP Review Committee which was composed of two Council
members from each municipality. Senior administration and ORRSC planners from both municipalities
were also involved throughout the process as technical advisors. With respect to committee decision
making, both parties agreed at the outset of the process that their chosen decision-making model would
be based on reaching consensus on the issues discussed.
A background analysis was undertaken which served as the foundation from which both municipalities
could review the existing land use conditions and determine the relevant issues, goals and objectives.
Through thoughtful discussion, it was determined that a series of fundamental shared values would
inform and guide the document. These values are the foundation from which the policy of the IDP has
been developed and will inform municipal decision making going forward in the Plan Area. The shared
values include:
-
Shared Stewardship
-
Protecting the Watershed - both surface and groundwater resources
-
Fostering On-going Dialogue.
A draft document was prepared with input from the IDP Review Committee and presented to each
municipal Council for review prior to consultation with affected landowners, stakeholders and the general
public. Upon completing the consultation phase, a refined document was prepared and a final draft
forwarded to each Council for approval through the bylaw process. As required by the Municipal
Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended (MGA), separate public
hearings were held by each Council and subsequent to the public hearings, the IDP was adopted by each
municipality.
1.3 Municipal Profiles
Municipal District of Pincher Creek No. 9
The Municipal District of Pincher Creek No. 9 covers an area of approximately 352,000 hectares (869,000
acres) with a 2018 population of 2,965 (Alberta Municipal Affairs, 2018). The MD surrounds two urban
municipalities, contains five hamlets, and is bordered by three rural municipalities, a specialized
municipality, national park and a First Nations. The economy of the MD is largely agricultural, with
ranching predominant in the eastern slopes. Alternative energy developments, particularly wind turbine
development has been locating in the municipality in the past several decades. The MD is home to the
Oldman Dam and Reservoir, an on-stream storage facility operated by the Government of Alberta.
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Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
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Municipality of Crowsnest Pass
Located in the heart of the Rocky Mountains, the Municipality of Crowsnest Pass encompasses
approximately 37, 919 hectares (93,697 acres) with a population 2018 population of 5,589 (Alberta
Municipal Affairs, 2018). Five urban communities are located within the Municipality of Crowsnest Pass
including Blairmore, Coleman, Hillcrest, Bellevue and Frank. Highway 3 connects the municipalities in the
Crowsnest Pass and is a major transportation route to British Columbia. The municipality has many
historic attractions such as Frank Slide, Bellevue mining tours, and the Leitch Collieries. The economy of
the municipality primarily includes coal mining and tourism.
1.4 Legislative Requirements
This Plan has been prepared in accordance with the requirements of the MGA, and complies with the
South Saskatchewan Regional Plan (SSRP).
Specifically the MGA requires:
631(1) Two or more councils of municipalities that have common boundaries that are not members of a
growth region as defined in Section 708.01 must, by each passing a bylaw in accordance with this
Part or in accordance with Sections 12 and 692, adopt an intermunicipal development plan to
include those areas of land lying within the boundaries of the municipalities as they consider
necessary.
631(2) An intermunicipal development plan
a) must address
i.
the future land use within the area,
ii.
the manner of and the proposals for future development in the area,
iii.
the provision of transportation systems for the area, either generally or specifically,
iv. the co-ordination of intermunicipal programs relating to the physical, social and
economic development of the area,
v.
environmental matters within the area, either generally or specifically, and
vi. any other matter related to the physical, social or economic development of the area
that the councils consider necessary.
and
b) must include
i.
a procedure to be used to resolve or attempt to resolve any conflict between the
municipalities that have adopted the plan,
ii.
a procedure to be used, by one or more municipalities, to amend or repeal the plan, and
iii.
provisions relating to the administration of the plan.
The South Saskatchewan Regional Plan came into effect September 1, 2014. The SSRP uses a cumulative
effects management approach to set policy direction for municipalities to achieve environmental,
economic and social outcomes within the South Saskatchewan Region through 2024. Pursuant to section
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Municipal District of Pincher Creek No. 9 & Municipality of Crowsnest Pass
Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
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13 of the Alberta Land Stewardship Act (ALSA), regional plans are legislative instruments. The SSRP has
four key parts including the Introduction, Strategic Plan, Implementation Plan and Regulatory Details Plan.
Pursuant to section 15(1) of ALSA, the Regulatory Details of the SSRP are enforceable as law and bind the
Crown, decision-makers, local governments and all other persons while the remaining portions are
statements of policy to inform and are not intended to have binding legal effect.
The Regional Plan is guided by the vision, outcomes and intended directions set by the Strategic Plan
portion of the SSRP while the Implementation Plan establishes the objectives and the strategies that will
be implemented to achieve the regional vision. As part of the Implementation Plan, Section 8: Community
Development includes guidance regarding Planning Cooperation and Integration between municipalities
with the intention to foster cooperation and coordination between neighbouring municipalities and
between municipalities and provincial departments, boards and agencies. Section 8 contains the
following broad objectives and strategies.
Objectives
- Cooperation and coordination are fostered among all land use planners and decision-makers
involved in preparing and implementing land plans and strategies.
- Knowledge sharing among communities is encouraged to promote the use of planning tools and
the principles of efficient use of land to address community development in the region.
Strategies
8.1
Work together to achieve the shared environmental, economic, and social outcomes in the South
Saskatchewan Regional Plan and minimize negative environmental cumulative effects.
8.2
Address common planning issues, especially where valued natural features and historic resources
are of interests to more than one stakeholder and where the possible effect of development
transcends jurisdictional boundaries.
8.3
Coordinate and work with each other in their respective planning activities (such as in the
development of plans and policies) and development approval process to address issues of
mutual interest.
8.4
Work together to anticipate, plan and set aside adequate land with the physical infrastructure
and services required to accommodate future population growth and accompanying community
development needs.
8.5
Build awareness regarding the application of land-use planning tools that reduce the impact of
residential, commercial and industrial developments on the land, including approaches and best
practices for promoting the efficient use of private and public lands.
8.6
Pursue joint use agreements, regional services commissions and any other joint cooperative
arrangements that contribute specifically to intermunicipal land use planning.
8.7
Consider the value of intermunicipal development planning to address land use on fringe areas,
airport vicinity protection plan or other areas of mutual interest.
8.8
Coordinate land use planning activities with First Nations, irrigation districts, school boards,
health authorities and other agencies on areas of mutual interest.
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Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
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The above strategies were considered by both municipalities when developing policy within this IDP and
will be considered when rendering land use decisions pertaining to development within the Plan Area.
Other strategies contained in the SSRP should be considered in the context of each municipality's
Municipal Development Plan, Land Use Bylaw or through policies found within the IDP.
1.5 Other Statutory Documents and Plans
One area structure plan has been adopted by the MD of Pincher Creek for specific lands within the Plan
Area. The development of the plan policies must consider these more detailed plans when formulating a
land use strategy for the larger area. As development occurs, additional ASPs or design schemes may be
prepared to support site-specific development and must conform to the policies outlined in this IDP.
As this plan affects some land within the Plan Area boundary, the policies of this IDP must be congruent
with the current land use.
Burmis Lundbreck Corridor Area Structure Plan (ASP)
The Burmis Lundbreck Corridor Area Structure Plan was prepared to provide a guideline for future
planning and development in the Burmis Lundbreck corridor with a balance of various human activities
and the natural landscape. Focused on the area along Highway 3 between the Hamlet of Lundbreck to
the boundary with the Municipality of Crowsnest Pass, the Burmis Lundbreck Corridor ASP outlines a
development strategy, in addition to compatible land uses, existing land uses, land characteristics, growth
trends and infrastructure needs.
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Municipal District of Pincher Creek No. 9 & Municipality of Crowsnest Pass
Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
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2 | PLAN AREA
2.1 Study Area Analysis
Given the vast size of the municipalities, in order to focus on the border area and potential impacts, a
series of maps was developed, with emphasis on the area adjacent to the shared border. The purpose
was to identify opportunities and constraints, as well as influences which may affect land use planning in
proximity of the boundary between the two municipalities. The following features were displayed on the
maps and considered by the IDP Review Committee:
- Residences and Urban Areas
- Transportation Corridors
- Land Use and Natural Characteristics
- Agricultural uses and Confined Feeding Operations (CFOs)
- Surface Materials Extraction and Energy Development
- Natural Environment and Water
- Environmentally Significant Areas (ESAs)
- Historical Resource Value (HRV) Sites
After consideration of social, economic and physical features listed below, it was determined that a Plan
Area of approximately 0.8 km (½ mile) on each side of the municipal boundary was adequate for the
greater part of the shared border with additional lands included near the Highway 3 Corridor (refer to
Map 1 for illustration of the Plan Area).
2.2 Key Characteristics of the Plan Area
The MD of Pincher Creek and Municipality of Crowsnest Pass Intermunicipal Plan Area (Map 1)
encompasses approximately 8,614 hectares (21,285 acres). Key characteristics of the Plan Area include
the following, some of which are illustrated on Maps 2-4 in Appendix A.
Land Use and Residential Development
o The Rocky Mountains are the predominant land characteristic within the Plan Area and diverse
vegetation and wildlife are prevalent in the natural landscape.
o A substantial amount of the land is under control and ownership of the Province of Alberta
and the Castle Provincial Park, Castle Wildland Park, Livingstone Public Land Use Zone (PLUZ)
comprise a large portion of land within the Plan Area.
MUNICIPAL DISTRICT OF
PINCHER CREEK NO. 9
BRITISH
COLUMBIA
MUNICIPALITY OF
CROWSNEST PASS
MUNICIPAL DISTRICT
OF RANCHLAND NO. 66
U
V
3
U
V
3
U
V
3
U
V
507
Municipal District of
Pincher Creek and
Municipality of Crowsnest
Pass Intermunicipal
Development Plan
±
Plan Area Boundary
Plan Area Boundary
M.D. of Pincher
Creek/Crowsnest Pass Border
Provincial Highway
Waterbodies
Burmis Lundbreck Corridor ASP
Map 1
0
1
2
3
4
Kilometers
Range 4
Range 3
Range 2
Township 6
Aerial Photo Date: 2012
Municipal District of Pincher Creek
(Bylaw No. _ _ _ _) &
Municipality of Crowsnest Pass
(Bylaw No. _ _ _ _)
Township 8
Range 5
Township 7
Range 4
Range 3
Range 2
Range 5
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o Few residences are situated in the area along Highway 3 and no substantial urban settlements
exist within the Plan boundary.
Transportation Infrastructure
o Provincial Highway 3 runs east and west and links the two municipalities and Highway 507
connects with Highway 3 in the MD of Pincher Creek.
o Road infrastructure is limited due to the mountain ranges and varying terrain within the Plan
Area but two public roads (Satoris and Adanac Roads) link the municipalities in the southern
portion of the Plan Area.
Natural Environment and Historic Resources
o The adjacent mountains and valleys form the headwaters of many of the Province's major
rivers systems. They are an important natural resource and have been identified as
environmentally significant.
o Fire hazard in the area ranges from low fuel to high fuel, with the majority of the southwest
portion being identified as a high fuel area.
o A substantial amount of land in the northern portion of the Plan Area has the potential to
contain historic resources.
Natural Resource Extractions and Energy Development
o Oil and gas pipelines are present within the Plan Area and both active and abandoned gas wells
are located within the Plan Area.
o The lower slopes and valley bottoms consist of gravelly alluvial material associated with
watercourses. Sand and gravel potential has been assumed along the Crowsnest River
primarily south of Highway 3.
o A 138 KV transmission line runs along Highway 3 through the Plan Area and a 500 KV line runs
north of Highway 3 near the MD of Ranchland border.
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Municipal District of Pincher Creek No. 9 & Municipality of Crowsnest Pass
Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
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3 | POLICIES
The land use policies contained in this Plan are intended to provide direction to the MD of Pincher Creek
and Municipality of Crowsnest Pass administrations, subdivision and development authorities and
Councils to encourage and manage the future development of lands contained within the Plan Area as
displayed in Map 1.
3.1 General
INTENT
The general land use policies are not intended for specific areas within the Plan, but rather are general
policies that pertain to the entire Plan Area with the purpose of fostering intermunicipal
communication, cooperation, and consultation.
POLICIES
3.1.1
The MD of Pincher Creek and Municipality of Crowsnest Pass will strive to engage in effective
dialogue when considering land use, while maintaining jurisdiction on lands within their own
boundaries.
3.1.2
The municipalities will continue to build partnerships and foster a collaborative relationship
with the adjacent municipality to promote regional interests, where deemed appropriate,
including the support of mutually beneficial service agreements and shared environmental,
economic and social outcomes.
3.1.3
Both municipalities agree to jointly discuss ways to cooperate with provincial and federal
agencies and utility providers to help facilitate the efficient delivery of infrastructure and
services that are of a mutual benefit.
3.1.4
The MD of Pincher Creek and Municipality of Crowsnest Pass will strive, to the best of their
ability and knowledge, to refer notices of government projects to each other.
3.1.5
Both municipalities are encouraged to share with each other the results of all publicly
available technical analyses required by a Subdivision and Development Authority as part of
an application, where there is the potential for impacts on lands and bodies of water.
Burmis Lundbreck Corridor Area Structure Plan
3.1.6
The policies outlined in the Burmis Lundbreck Corridor Area Structure Plan apply exclusively
to lands that fall within the Burmis Lundbreck Corridor Area Structure Plan (ASP) boundary as
displayed in Map 1. If there is any discrepancy between the IDP policies and the policies
within the Burmis Lundbreck Corridor ASP, the Burmis Lundbreck ASP will prevail.
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3.2 Land Use
INTENT
To provide policies on land use within the Plan Area which reflect the development philosophies of
both municipalities.
POLICIES
Agriculture
3.2.1
Although agriculture practices are limited within the Plan Area, both municipalities will strive
to work cooperatively to encourage good neighbour farming practices, such as dust, weed
and insect control through best management practices and Alberta Agriculture guidelines.
3.2.2
If disputes or complaints in either municipality should arise between ratepayers and
agricultural operators, the municipality receiving the complaint shall strive to direct the
affected parties to the appropriate agency, government department or municipality for
consultation or resolution wherever necessary.
3.2.3
If either the MD of Pincher Creek or Municipality of Crowsnest Pass are in receipt of an
application for new or expanded Confined Feeding Operation from the Natural Resources
Conservation Board (NRCB) within the Plan Area, they shall forward a copy of the application
to the other municipality.
Rural Recreational and Grouped Country Residential
3.2.4
Any proposal to designate or develop land within the Plan Area for rural recreational use will
be referred to the other municipality for comment in accordance with this Plan.
3.2.5
Any proposal to designate land, adopt an Area Structure Plan, or approve a conceptual design
scheme within the Plan Area for grouped country residential use will be referred to the other
municipality for comment in accordance with this Plan.
3.2.6
The MD of Pincher Creek and Municipality of Crowsnest Pass acknowledge that their
municipal land use policies differ regarding development of rural recreational and grouped
country residential development and agree that municipal autonomy on land use matters
within this area will continue.
3.2.7
With respect to grouped country residential development and rural recreational use in the
Highway 3 and Crowsnest River corridor, both municipalities agree to consider the potential
impacts and cumulative effects of such development on the area prior to adopting an Area
Structure Plan or approving a conceptual design scheme.
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Municipal District of Pincher Creek No. 9 & Municipality of Crowsnest Pass
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3.2.8
Applicants proposing grouped country residential and rural recreational developments should
consult with Alberta Transportation and Alberta Environment and Parks during preparation
of their proposal.
Commercial and Industrial Development
3.2.9
Any proposal to designate or develop land within the Plan Area for commercial or industrial
use will be referred to the other municipality for comment in accordance with this Plan.
3.2.10 The municipalities may consider the location of commercial or industrial development where
compatible with existing land uses and each municipality's planning documents.
Resource Extraction and Energy Development
3.2.11 The municipalities will consider the effects of visual intrusion, dust, noise, traffic, and air and
water pollution when evaluating applications for extractive activities, where they maintain
jurisdiction.
3.2.12 Either municipality may require an agreement regarding the construction, repair, and
maintenance of any municipal roads which may be impacted by resource development, when
the development requires access to come from the other municipality's road.
3.2.13 If either the MD of Pincher Creek or Municipality of Crowsnest Pass are in receipt of a notice
or application for a new or expanded public or privately owned gravel pit, they will forward a
copy of the notice to the other municipality.
3.2.14 The municipalities may consider the location of renewable energy developments where
compatible with existing land uses and each municipality's planning documents.
Utilities / Telecommunications Towers
3.2.15 When providing comments to provincial and federal departments regarding utility
development, the MD of Pincher Creek and Municipality of Crowsnest Pass will request that
consideration be given to the establishment of utility corridors with multiple users.
3.2.16 Where there is an application for a new, expanded or retrofitted telecommunications tower
within the Plan Area, the MD of Pincher Creek and Municipality of Crowsnest Pass will notify
the other municipality to seek their comments.
3.2.17 It is the preference of both municipalities that co-location of telecommunication facilities be
undertaken where technically feasible.
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3.3 Transportation and Road Networks
INTENT
The two municipalities are connected via Highway 3 and two public roads. Highway 507 connects to
Highway 3 within the Plan Area in the MD of Pincher Creek. It is important that the municipalities
take into consideration the impact of development on municipal and provincial road infrastructure.
POLICIES
3.3.1
Both municipalities agree to consult and work with Alberta Transportation regarding the
implementation of this Plan and, at the time of subdivision and development, consider how
development may impact Highway 3 and Highway 507, as applicable.
3.3.2
When required by Alberta Transportation, developers shall conduct traffic studies with
respect to the impact and access on the Highways. Any upgrading identified by a traffic study
conducted by a developer with respect to the Highway shall be implemented by the developer
at its sole cost and to the satisfaction of Alberta Transportation.
3.3.3
The municipalities should endeavor to maintain open dialogue with Alberta Transportation
regarding Highway 3 and Highway 507, including any changes to the highways that may have
important impacts on the municipalities.
3.3.4
The municipalities may explore negotiating road use agreements as necessary for the
maintenance and upkeep of local roads connecting the municipalities.
3.4
Natural Environment
INTENT
Both municipalities recognize the connection between the natural environment and quality of life and
strive to protect, preserve and enhance natural systems and environmentally significant areas.
POLICIES
3.4.1
When making land use decisions, each municipality will:
a)
utilize and incorporate measures which minimize possible impacts to important water
resources;
b)
determine appropriate land use patterns in the vicinity of any water resources or water
features;
c)
establish appropriate setbacks to maintain water quality, flood water conveyance and
storage, bank stability and habitat.
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Municipal District of Pincher Creek No. 9 & Municipality of Crowsnest Pass
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3.4.2
Lands that have been identified that may contain an environmentally sensitive feature may
be required to conduct an environmental impact assessment (EIA) and the proponent should
contact Alberta Environment and Parks.
3.4.3
Lands that have been identified that may contain a historic resource may be required to
conduct a historical resource impact assessment (HRIA) and the proponent should consult the
Historical Resources Act and Alberta Culture and Tourism.
3.4.4
Both municipalities should consider the provincial Water for Life Strategy and Wetland Policy
when making land use decisions with the goal of sustaining environment and economic
benefits.
3.4.5
Both municipalities should consider making compatible land use decisions on lands adjacent
to the existing Provincial Parks and Public Land Use Zone (PLUZ).
3.5 Interpretation
INTENT
To ensure the policies and language within this Plan are communicated in the proper context to
ensure the intent of the Plan is as clear and concise as possible.
POLICIES
3.5.1
Unless otherwise required by the context, words used in the present tense include the future
tense, words used in the singular include the plural, and the word person includes a
corporation as well as an individual. Unless otherwise stipulated, the Interpretation Act,
Chapter I-8, RSA 2000 as amended, shall be used in the interpretation of this bylaw. Words
have the same meaning whether they are capitalized or not.
3.5.2
All references to a specific agency, body, or department were accurate at the time of writing.
It is understood that agency, body and department names change from time to time. All
references throughout the Plan shall therefore be considered to be applicable to the current
relevant agency, body or department.
3.5.3
The geographical or relative boundaries or any variable presented on the maps contained in
this Plan, with the exception of the boundaries of the Plan Area, shall be interpreted as a
rough approximation and not an accurate depiction of its actual or full extension.
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4 | PLAN ADMINISTRATION & IMPLEMENTATION
4.1 Intermunicipal Development Plan Committee Policies
INTENT
The implementation of this Plan is intended to be an ongoing process to ensure it is maintained and
remains applicable. An Intermunicipal Development Plan Committee with joint representation will
ensure continued dialogue and cooperation, as the purpose of this committee is to promote active
cooperation and conflict resolution through a consensus-based approach.
POLICIES
4.1.1
For the purposes of administering and monitoring the IDP, the MD of Pincher Creek and
Municipality of Crowsnest Pass establish the Intermunicipal Development Plan Committee
(the Committee).
4.1.2
Both Councils agree the Intermunicipal Development Plan Committee will be an advisory body
and may make comments or recommendations to the MD of Pincher Creek and Municipality
of Crowsnest Pass. In its advisory capacity, the Committee does not have decision making
authority or powers with respect to planning matters in either municipality.
4.1.3
The Committee will be comprised of two (2) members of Council from both the MD of Pincher
Creek and Municipality of Crowsnest Pass. Each municipality may appoint an alternate
Committee member in the event a regular member cannot attend a scheduled meeting.
Alternate Committee members shall have standing. Quorum shall consist of four (4) voting
members.
4.1.4
Members of the Committee shall be appointed by their respective Councils at the
Organizational Meeting. If a Council wishes to appoint a new member to the Committee
(including the alternate), they must do so by motion of Council at a regular Council meeting.
The municipalities shall notify one another upon appointing members and alternate members
to the Committee.
4.1.5
The municipalities agree that the purpose of the Committee is to:
a)
provide a forum for discussion of land use matters within the Plan Area,
b)
provide recommendation(s) for proposed amendments to the Plan,
c)
discuss and address issues regarding Plan implementation,
d)
review and provide comment on referrals under Section 4.2 and any other matters
referred to the Committee,
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Municipal District of Pincher Creek No. 9 & Municipality of Crowsnest Pass
Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
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e)
provide recommendation(s) regarding intermunicipal issues in an effort to avoid a
dispute, and
f)
provide a forum for discussion of any other matter of joint interest identified by either
municipality.
4.1.6
Meetings of the Committee may be held at the request of either municipality to discuss land
use or other planning matters, dispute resolution, or any other matter of intermunicipal
importance. Additionally, any matter in Section 4.2 may be referred by either municipality to
the Committee for comment prior to a decision being rendered.
4.1.7
A municipality may call a meeting of the Committee at any time upon not less than five (5)
days' notice of the meeting being given to all members of the Committee and support
personnel, stating the date, the time, purpose and the place of the proposed meeting. The
five (5) days' notice may be waived with ¾ of the Committee members' agreement noted.
4.1.8
The municipality that called the meeting of the Committee shall host and chair the meeting
and is responsible for preparing and distributing agendas and minutes.
4.1.9
At least one (1) member of each municipality's administrative staff shall attend each meeting
in the capacity of technical, non-voting advisor.
4.1.10 Any changes to the Committee format, composition, roles, responsibilities or any aspect of its
existence or operation may be requested by either municipality.
4.1.11 Where a matter has been referred to the Committee and a resolution cannot be found, the
Dispute Resolution process in Section 5 of this Plan should be adhered to.
4.2 Referral Policies
INTENT
To establish a process for consistent and transparent sharing of information necessary to make
decisions in accordance with the intent of the Plan.
POLICIES
General
4.2.1
Where an intermunicipal referral is required by the MGA or the policies contained in this Plan,
both municipalities agree to share mailing address and property ownership information for
circulation purposes with the adjacent municipality, and where applicable, the municipality's
processing agency.
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Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
Page | 15
4.2.2
Where a plan or bylaw, including amendments, or application, requires notifications to be
sent to a municipality that is external to this IDP, the referring municipality shall follow the
referral requirements outlined in the MGA, and where applicable, those contained in a
relevant Intermunicipal Development Plan.
4.2.3
Administrative staff or representatives for the MD of Pincher Creek and Municipality of
Crowsnest Pass are encouraged to discuss with one another forthcoming Statutory Plans and
Land Use Bylaws, including amendments, which may impact the Plan Area.
4.2.4
Administrative staff or representatives for the MD of Pincher Creek and Municipality of
Crowsnest Pass are encouraged to discuss with one another forthcoming subdivision and
development applications that may impact lands within the Plan Area.
4.2.5
The municipalities are encouraged to refer to each other for comment on major land use or
planning matters that have the potential to impact the other jurisdiction, even if it involves
lands that may not be located within the Plan Area.
Municipal Development Plans
4.2.6
A newly proposed Municipality of Crowsnest Pass Municipal Development Plan or
amendment shall be referred to the MD of Pincher Creek for comment prior to a public
hearing.
4.2.7
A newly proposed MD of Pincher Creek Municipal Development Plan or amendment shall be
referred to the Municipality of Crowsnest Pass for comment prior to a public hearing.
Other Statutory Plans
4.2.8
A newly proposed Municipality of Crowsnest Pass statutory plan (excluding a Municipal
Development Plan) or amendment that will have an impact on the Plan Area shall be referred
to the MD of Pincher Creek for comment prior to a public hearing.
4.2.9
A newly proposed MD of Pincher Creek statutory plan (excluding a Municipal Development
Plan) or amendment that will have an impact on the Plan Area shall be referred to the
Municipality of Crowsnest Pass for comment prior to a public hearing.
Land Use Bylaws
4.2.10 All Land Use Bylaw amendments in the Municipality of Crowsnest Pass that affect lands in the
Plan Area shall be referred to the MD of Pincher Creek for comment prior to a public hearing.
4.2.11 All Land Use Bylaw amendments in the MD of Pincher Creek that affect lands in the Plan Area
shall be referred to the Municipality of Crowsnest Pass for comment prior to a public hearing.
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Municipal District of Pincher Creek No. 9 & Municipality of Crowsnest Pass
Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
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4.2.12 All redesignation applications affecting the Plan Area shall be referred to the other
municipality for comment prior to a public hearing.
4.2.13 A newly proposed Land Use Bylaw from either municipality shall be referred to the other for
comment prior to a public hearing.
Design Concepts
4.2.14 All design concepts in support of a subdivision or development in the Municipality of
Crowsnest Pass that will affect lands in the Plan Area shall be referred to the MD of Pincher
Creek for comment prior to Council resolution.
4.2.15 All design concepts in support of a subdivision or development in the MD of Pincher Creek
that will affect lands in the Plan Area shall be referred to the Municipality of Crowsnest Pass
for comment prior to Council resolution.
Subdivision and Development
4.2.16 All subdivision applications for lands within the Plan Area shall be referred to the other
municipality for comment prior to a decision being rendered.
4.2.17 The Municipality of Crowsnest Pass shall refer all discretionary use development applications
within the Plan Area to the MD of Pincher Creek for comment prior to a decision being
rendered.
4.2.18 The MD of Pincher Creek shall refer all discretionary use development applications within the
Plan Area to the Municipality of Crowsnest Pass for comment prior to a decision being
rendered.
Response Timelines
4.2.19 The responding municipality shall, from the date of mailing, have the following timelines to
review and provide comment on intermunicipal referrals:
a)
15 calendar days for all development applications,
b)
19 calendar days for subdivision applications, and
c)
30 calendar days for all other intermunicipal referrals.
4.2.20 In the event that either municipality or the Committee does not reply within, or request an
extension by, the response time for intermunicipal referrals stipulated in this Section, it is
presumed that the responding municipality and/or Committee has no comment or objection
to the referred planning application or matter.
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Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
Page | 17
Consideration of Responses
4.2.21 Comments from the responding municipality and/or the Committee regarding proposed
Municipal Development Plans, other statutory plans, and Land Use Bylaws, or amendments
to any of those documents, shall be considered by the municipality in which the application
is being proposed, prior to a decision being rendered.
4.2.22 Comments from the responding municipality and/or the Committee regarding subdivision
and development applications shall be considered by the municipality in which the application
is being proposed, prior to a decision being rendered on the application.
4.3 Plan Validity and Amendment Policies
INTENT
This Plan may require amendments from time to time to accommodate unforeseen situations, and to
keep the Plan relevant.
POLICIES
4.3.1
This Plan comes into effect on the date it is adopted by both municipalities.
4.3.2
Amendments shall be adopted by both Councils using the procedures outlined in the MGA.
No amendment shall come into force until such time as both municipalities adopt the
amending bylaw.
4.3.3
Applications for amendments to this Plan by parties other than the MD of Pincher Creek and
Municipality of Crowsnest Pass (e.g. landowners and developers) shall be made to both
municipalities along with the applicable fee as established by each municipality for processing
amendments to a statutory plan.
4.3.4
Administrative staff should review the policies of the Plan annually and discuss land use
matters, issues and concerns on an on-going basis. Administrative staff may make
recommendations to their respective Councils for amendment to the Plan to ensure the
policies remain relevant and continue to meet the needs of both municipalities.
4.3.5
A formal review of the Plan will occur within 10 years from the date the IDP is adopted by
both municipalities.
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Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
Page | 18
5 | DISPUTE RESOLUTION POLICIES
5.1 General Dispute Process
INTENT
The intent of the dispute resolution process is to maximize opportunities for discussion and review in
order to resolve areas of disagreement early in the process. Despite the best efforts of both
municipalities, it is understood that disputes may arise from time to time affecting land use within the
Plan boundary. The following process is intended to settle disputes through consensus and minimize
the need for formal mediation.
POLICIES
General Agreement
The municipalities agree that:
5.1.1
It is important to avoid dispute by ensuring that the Plan is adhered to as adopted, including
full circulation of any permit or application that may affect the municipality as required in the
Plan and prompt enforcement of the Plan policies.
5.1.2
Prior to the meeting of the Committee, each municipality through its administration, will
ensure the facts of the issue have been investigated and clarified, and information is made
available to both parties. Staff meetings are encouraged to discuss possible solutions.
5.1.3
The Committee should discuss the issue or dispute with the intent to seek a recommended
solution by consensus.
Dispute Resolution
In the case of a dispute, the following process will be followed to arrive at a solution:
5.1.4
When a potential intermunicipal issue comes to the attention of either municipality relating
to a technical or procedural matter, such as inadequate notification or prescribed timelines,
misinterpretation of Plan policies, or a clerical error regarding the policies of this Plan, either
municipality's Land Use Bylaw, or any other plan affecting lands in the Plan Area, it will be
directed to the administrators of each municipality. The administrators will review the
technical or procedural matter and if both administrators are in agreement, take action to
rectify the matter.
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Municipal District of Pincher Creek No. 9 & Municipality of Crowsnest Pass
Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
Page | 19
5.1.5
Should either municipality identify an issue related to this Plan that may result in a dispute
that cannot be administratively resolved under Section 5.1.4 or any other issue that may
result in a dispute, the municipality should contact the other and request that an
Intermunicipal Development Plan Committee meeting be scheduled to discuss the issue. The
Committee will review the issue and attempt to resolve the matter by consensus.
5.1.6
Should the Intermunicipal Development Plan Committee be unable to arrive at a consensus,
the administration of each municipality will schedule a joint meeting of the two Councils to
discuss possible solutions and attempt to reach consensus on the issue.
5.1.7
Should the Councils be unable to resolve the matter, either municipality may initiate a formal
mediation process to facilitate resolution of the issue.
Filing an Intermunicipal Dispute under the Municipal Government Act
5.1.8
In the case of a dispute involving the adoption of a statutory plan, Land Use Bylaw or
amendment to such, within 30 days of adoption, the municipality initiating the dispute may,
without prejudice, file an appeal to the Municipal Government Board under section 690(1) of
the MGA so that the provincial statutory right and timeframe to file an appeal is not lost.
5.1.9
The appeal may then be withdrawn, without prejudice, if a solution or agreement is reached
between the two municipalities prior to the Municipal Government Board meeting. This is to
acknowledge and respect that the time required to seek resolution or mediation may not be
able to occur within the 30 day appeal filing process as outlined in the MGA.
Note:
Using section 690(1) of the MGA is the final stage of dispute settlement, where the municipalities request
the Municipal Government Board to intercede and resolve the issue.
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Intermunicipal Development Plan Bylaw No. 1309-19 & Bylaw No. 1035, 2019
Page | 20
Dispute Resolution Flow Chart
The dispute resolution flow chart presented here is for demonstration purposes only and shall not
limit the ability of either municipality to explore other methods of resolution or to choose one method
in place of another.
Conflict Arises
Adhere to IDP Policies
Council meets to resolve
Explore resolution options
Mediation
MGA Section
690(1)
Resolution/Process Ends
Administration meets to resolve
Committee meets to resolve
0
APPENDIX A | MAPS
MUNICIPAL DISTRICT OF
PINCHER CREEK NO. 9
BRITISH
COLUMBIA
MUNICIPALITY OF
CROWSNEST PASS
MUNICIPAL DISTRICT
OF RANCHLAND NO. 66
U
V
3
U
V
3
U
V
3
U
V
507
Municipal District of
Pincher Creek and
Municipality of Crowsnest
Pass Intermunicipal
Development Plan
±
Physical Characteristics
and Ownership
Plan Area
M.D. of Pincher Creek/Crowsnest
Pass Border
Provincial Highway
Waterbodies
Burmis Lundbreck Corridor
Residences or Other Addressed
Parcels
Crown Land
Map 2
0
1
2
3
4
Kilometers
Range 4
Range 3
Range 2
Township 6
Aerial Photo Date: 2012
Municipal District of Pincher Creek
(Bylaw No. _ _ _ _) &
Municipality of Crowsnest Pass
(Bylaw No. _ _ _ _)
Township 8
Range 5
Township 7
Range 4
Range 3
Range 2
Range 5
¹ Alberta Municipal Data Sharing
Source:
Partnership, December 2017
For MD of Pincher Creek - Altalis, June 2018
³ For Crowsnest Pass - ORRSC, July 2018
² M.D. of Pincher Creek, From 2015 Aerial Photo
4
1, 2
3, 4
ú
ú
ú
ú
ú
ú
úú
úúú
úú
ú
ú
ú
ú
ú
ú
ú
ú
ú
ú
ú
ú
ú
MUNICIPAL DISTRICT OF
PINCHER CREEK NO. 9
BRITISH
COLUMBIA
MUNICIPALITY OF
CROWSNEST PASS
MUNICIPAL DISTRICT
OF RANCHLAND NO. 66
U
V
3
U
V
3
U
V
3
U
V
507
Municipal District of
Pincher Creek and
Municipality of Crowsnest
Pass Intermunicipal
Development Plan
±
Road Network
Plan Area Boundary
M.D. of Pincher Creek/Crowsnest
Pass Border
Roads
Provincial Highway
Municipal Roads
Private Roads
Public Roads
Provincial Roads
ú
Bridge
Waterbodies
Castle Provincial Park
Castle Wildland
Map 3
0
1
2
3
4
Kilometers
Range 4
Range 3
Range 2
Township 6
Aerial Photo Date: 2012
Municipal District of Pincher Creek
(Bylaw No. _ _ _ _) &
Municipality of Crowsnest Pass
(Bylaw No. _ _ _ _)
Township 8
Range 5
Township 7
Range 4
Range 3
Range 2
Range 5
MUNICIPAL DISTRICT OF
PINCHER CREEK NO. 9
BRITISH
COLUMBIA
MUNICIPALITY OF
CROWSNEST PASS
MUNICIPAL DISTRICT
OF RANCHLAND NO. 66
U
V
3
U
V
3
U
V
3
U
V
507
Municipal District of
Pincher Creek and
Municipality of Crowsnest
Pass Intermunicipal
Development Plan
±
Energy Infrastructure
Plan Area Boundary
M.D. of Pincher Creek/Crowsnest
Pass Border
Provincial Highway
Waterbodies
Burmis Lundbreck Corridor ASP
Transmission Lines¹
138 kv
500 kv
Pipelines - Substance²
Fuel Gas
Natural Gas
Sour Natural Gas
Well - Status²
^_
Abandoned
^_
Abandoned Gas
^_
Gas
^_
Suspended Gas
Map 4
0
1
2
3
4
Kilometers
Range 4
Range 3
Range 2
Township 6
Aerial Photo Date: 2012
Municipal District of Pincher Creek
(Bylaw No. _ _ _ _) &
Municipality of Crowsnest Pass
(Bylaw No. _ _ _ _)
Township 8
Range 5
Township 7
Range 4
Range 3
Range 2
Range 5
Source:
¹ Digitized by ORRSC, 2018
² Alberta Energy Regulator, 2016