Bylaw 1228-12 Burmis Lundbreck Corridor Area Structure Plan
Municipal District of Pincher Creek No. 9, Alberta
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BURMIS LUNDBRECK CORRIDOR
AREA STRUCTURE PLAN
January 2013
Bylaw 1042-00
Amended to Bylaw 1228-12
Prepared for the
MUNICIPAL DISTRICT OF PINCHER CREEK NO. 9
Cover Photography Courtesy of Clive Schaupmeyer of Coaldale, Alberta
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This document is protected by Copyright and Trade Secret Law 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.
BURMIS LUNDBRECK CORRIDOR
AREA STRUCTURE PLAN
TABLE OF CONTENTS
1.0
INTRODUCTION ............................................................................................................... 1
1.1
Purpose of the Plan
1.2
Background of the Plan
1.3
Provincial Legislative Framework
1.4
Public Participation
2.0
THE PLAN AREA ............................................................................................................. 5
2.1
General Description of the Plan Area
2.2
The Plan Area Municipal / Local Context
2.3
Population Projection for the Plan Area
3.0
PLAN VISION, GOAL AND OBJECTIVES ....................................................................... 7
3.1
Plan Vision
3.2
Plan Goal
3.3
Plan Objectives
4.0
THE LAND USE STRATEGY ............................................................................................ 9
4.1
General Land Use Policies
4.2
Agricultural Land Use Policies
4.3
Grouped Country Residential Land Use Policies
4.3.1 General Grouped Country Residential Land Use Policies
4.3.2 Grouped Country Residential Land Use Policies (2 lots or more)
4.4
Historic Burmis Settlement Policy Area
4.5
Commercial Land Use Policies
4.6
Recreational Commercial Land Use Policies
4.7
Industrial Land Use Policies
4.8
Institutional Land Use
5.0
ENVIRONMENTAL POLICIES ........................................................................................ 17
5.1
Environmentally Significant Areas (ESA's)
5.2
Crowsnest River Environmental Reserve System
5.3
Open Space
5.3.1 Policies to Preserve Rural Character
5.3.2 Policies to Preserve the Natural Environment
5.3.3 Policies to Provide Community Recreation Amenities
5.4
Historic and Archaeological Features within the Plan Area
6.0
INFRASTRUCTURE ....................................................................................................... 21
6.1
All Infrastructure
6.2
Road Systems
6.2.1 Highways 3, 22 and 507
6.2.2 Local Roads
6.2.3 Rail Line
6.3
Water Sources and Resources
6.4
Sanitary Sources and Resources
6.5
Shallow Utilities
6.6
Solid Waste Management System
7.0
IMPLEMENTATION, REVIEW AND AMENDMENT ........................................................ 25
7.1
Plan Implementation
7.2
Application Referrals
7.3
Waiver of Area Structure Plan Policies
7.4
Plan Review and Amendment
8.0
INTERPRETATION OF TERMS ...................................................................................... 29
LIST OF FIGURES
Figure 1 - Plan Area - Regional Context ......................................................... following 6
Figure 2 - Plan Area ........................................................................................ following 6
Figure 3 - Land Use ...................................................................................... following 10
Figure 4 - Environmentally Sensitive Areas................................................... following 18
Figure 5 - Road Systems .............................................................................. following 22
LIST OF APPENDICES
Appendix A -
Environmentally Significant Areas Excerpts from The M.D. of Pincher
Creek Environmentally Significant Areas in the Oldman River Region,
Cottonwood Consultants Ltd. (1987)
Appendix B -
Sour Gas, Pipelines, Utilities and Lagoon Buffer
Appendix C -
ERCB Setbacks
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
Page 1
BURMIS LUNDBRECK CORRIDOR
AREA STRUCTURE PLAN
1.0 INTRODUCTION
1.1
Purpose of the Plan
The Burmis Lundbreck Corridor Area Structure Plan (ASP) defines a planning and
development framework to guide future growth in the Plan Area by establishing a range of
appropriate and compatible land uses, within a comprehensive development strategy.
The Burmis Lundbreck Corridor ASP supports both the M.D. of Pincher Creek Municipal
Development Plan and Land Use Bylaw by adding another layer of detail to this particular
area. The Burmis Lundbreck Corridor ASP considers existing land uses, surrounding
developments, potential future land uses, public input, physical and environmental
characteristics, infrastructure requirements, and growth trends. The Burmis Lundbreck
Corridor ASP outlines a vision, and the plan structure and policies promote the vision.
1.2
Background of the Plan
The 2000 Burmis Lundbreck Corridor ASP had not been reviewed since its adoption. The
main objective of review is to ensure conformance and compliance of the ASP with
prevailing provincial and municipal policies. In addition, there have been increases in
development in the corridor since 2000 and needs and aspirations of landowners have
changed over time.
A Scope of Work, prepared by the Municipality, identified specific issues of municipal
concern with regard to the Burmis Lundbreck Corridor. These include:
The density policies found in the Plan relating to the number of parcels which
can be created per quarter section needs to be reviewed. This should involve
the review of density policies which are based upon land use planning
constraints as opposed to a fixed number of lots per parcel or quarter section.
The goals and objectives of the Plan need to be reviewed in the context of
current development trends.
The terminology and policies of the Plan need to be updated to reflect current
legislation and the current Municipal Development Plan and Land Use Bylaw.
The effectiveness of the Burmis Lundbreck Corridor - BLC as a separate land
use district in the Land Use Bylaw should be examined.
The boundary of the area structure plan should be reviewed to determine if it is
still suitable.
Municipal District of Pincher Creek No. 9
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Burmis Lundbreck Corridor Area Structure Plan
This Plan is the result of a review process which included a significant public consultation
process and stakeholder input.
1.3
Provincial Legislative Framework
An ASP is a planning document adopted as a municipal bylaw. It is intended to provide
direction to Council, landowners, and developers on an area's future land uses. As an
ASP is adopted by municipal bylaw, a maximum of public input is sought. Section 633 of
the Municipal Government Act outlines the statutory contents of an ASP. It describes an
ASP as follows:
633(1)
For the purpose of providing a framework for subsequent subdivision and
development of an area of land, a council may, by bylaw, adopt an area
structure plan.
(2)
An area structure plan
(a)
must describe
(i)
the sequence of development proposed for the area
(ii)
the land uses proposed for the area, either generally or with
respect to specific parts of the area,
(iii)
the density of the population proposed for the area either
generally or with respect to specific parts of the area, and
(iv)
the general location of major transportation routes and public
utilities,
and
(b)
any other matters the council considers necessary.
In addition, s. 638 of the MGA requires that all statutory plans adopted by the Municipality
be consistent with one another. This includes consistency in content, policy
implementation and method of amendment.
Additional requirements for an ASP that may be suggested by municipalities include such
items as: internal subdivision road standards, access points, right-of-way, municipal and
environmental reserve dedication, developers' obligations, and assessed costs of
development.
1.4
Public Participation
A multi-pronged approach was utilized for the public participation in the revision of the
plan. A 13 question questionnaire was circulated to all landowners within the BLC and all
those within one (1) mile of the boundary. Of the 480 questionnaires sent out, 115 were
returned for a response rate of 24%. The goal of the questionnaire was to solicit the
issues and opportunities from landowners on 5 broad categories of land use.
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
Page 3
The list of issues was then used at an open house to discuss the current plan's goal and
objectives. The 'charette' style meeting allowed participants to voice opinion on the 5
broad land use categories. The steering committee and staff provided technical advice to
questions and reviewed the objectives of the plan with participants. There were 18
members of the public in attendance.
The final public participation exercise prior to the rewrite addressed the public's
preferences for the current objectives. The language of the objectives was tested to
determine whether the plan represents the general development attitudes of area
residents.
The final draft of the plan was taken to the public for review of the process and
introduction to the changes.
A statutory Public Hearing was held September 2012 where upon an amendment to the
ASP was adopted by Municipal District of Pincher Creek Council (Bylaw No.1228-12).
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
Page 5
2.0 THE PLAN AREA
2.1
General Description of the Plan Area
The Burmis Lundbreck Corridor is an area experiencing country residential development
pressures due to both its proximity to recreational areas (i.e. - trout fishing in the
Crowsnest River, skiing at Castle Mountain Resort) and the natural attributes offered in
the area, and also because it is identified in the MDP as an area eligible for Group
Country Residential development. The corridor is bisected by Highway 3, a scenic
highway through the municipal district, which requires careful planning and development
consideration. In addition, the Plan Area contains four (4) environmentally sensitive areas
that require policy consideration and need to be balanced with the overall growth of the
area. The Burmis Lundbreck Corridor supports a range of land uses (i.e. - agriculture,
country residential, recreational commercial, sand and gravel pits, campgrounds, bed and
breakfasts) each of which need to be included in a framework for growth and
development of the corridor.
2.2
The Plan Area Municipal / Local Context
Figure 1 identifies the Plan Area in a regional context within the Municipal District of
Pincher Creek No. 9. The Plan Area is immediately adjacent to the municipal boundary
on the west side and contains the Crowsnest River as it parallels Highway 3. The Plan
Area is adjacent to the Oldman River Reservoir Area Structure Plan Boundary to the east
but does not include the Hamlet of Lundbreck.
Figure 2 identifies the physical Plan Area for the Burmis Lundbreck Corridor Area
Structure Plan. The Plan Area consists of all legal subdivision plans and lands contained
within the following:
Township 7, Range 3, West of the Fifth Meridian:
All of Sections 12, 13, and 14
East ½ of Section 24
That portion of the Northwest quarter of Section 11 which lies to the north of the
Crowsnest River
Township 7, Range 2, West of the Fifth Meridian:
West half of Section 7
All of Sections 17,18,19, 20, 21, 22, 27
Those portions of the South half of 25 that lie north of Highway 3
Portion of Section 26 north of Highway 3
The South half of Section 34
The South half of Section 35
The South half of Section 28 and the NE quarter of Section 28
Municipal District of Pincher Creek No. 9
Page 6
Burmis Lundbreck Corridor Area Structure Plan
2.3
Population Projection for the Plan Area
An Area Structure Plan is required to contain a population projection, either generally or
specifically, for the Plan Area. Based on federal census information, the Municipal District
of Pincher Creek experienced 0.7 percent population growth between 1986 and 1991 due
primarily to the conversion of land to country residential uses. Comparatively, the MD
growth rate between 2001 and 2006 was 3.5% and between 2006 and 2011 was -4.6%.
This equates to a flat long term growth rate that can be applied to the Burmis Lundbreck
Plan Area and will likely continue.
The population growth rate in the Plan Area will be determined by a number of factors
including planning and development policies contained in the Burmis Lundbreck ASP,
market demand, land owner decisions, and the availability of services and infrastructure.
To provide some indication of future population potential, the following scenario could be
considered:
Current, grouped county residential development in the Plan Area consists of 169 lots
which vary in size from 1.07 acres to 25.72 acres. 129 of these lots are developed
with residences. There are also 47 Agricultural parcels with residential dwellings.
The majority of this growth has occurred over the last 40 years. Thirty of those years
have had the benefit of a planning document in place to guide development.
As residential development occurs, a population estimate for the current level of
development is 405 persons.
If the Plan Area was fully developed residentially, as outlined in the ASP, the total
Plan Area population is estimated at approximately 993 persons. This projection
assumes an average household size of 2.3 persons - the average household size in
the 2006 federal census - and that 50 percent of the available land is developable
allowing for environmental considerations and road reserves at a density of 16 lots
per quarter section.
Water supply is one of the most important short-term growth considerations. Both
the quality and quantity of the resource will affect long-term growth and development
of the Plan Area. The provincial Water Act (W-3., 2000) puts more emphasis on
provincial groundwater licensing and approvals for all future development.
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December 12, 2012
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BURMIS LUNDBRECK CORRIDOR
AREA STRUCTURE PLAN
BYLAW No. 1042-00
DATE: SEPTEMBER, 2000
AMENDING BYLAW NO. 1228-12
FIGURE 1
PLAN AREA - REGIONAL CONTEXT
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RIVER
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CREEK
CROWSNEST
BURMIS LUNDBRECK CORRIDOR
AREA STRUCTURE PLAN
BYLAW No. 1042-00
DATE: SEPTEMBER, 2000
AMENDING BYLAW NO. 1228-12
FIGURE 2
PLAN AREA
/(*(1'
BURMIS LUNDBRECK
CORRIDOR ASP BOUNDARY
OLDMAN RIVER RESERVOIR
ASP BOUNDARY
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
Page 7
3.0 PLAN VISION, GOAL AND OBJECTIVES
3.1
Plan Vision
A Plan Area vision was developed from public feedback and Steering Committee input.
The vision for the corridor and the corresponding Land Use map (Figure 3), help to guide
and direct the Plan goal, objectives, and land use policies. The vision for the Burmis
Lundbreck Corridor is as follows:
"The Burmis Lundbreck Corridor area structure plan will strive to achieve an
appropriate balance between community growth, a variety of lifestyles, and
the natural features that promote visual, historical, cultural and environmental
harmony."
Figure 3 is the foundation of the Land Use and helps to provide the context for
implementation of the policies of this Plan.
3.2
Plan Goal
The objectives and policies of this plan shall be governed by the following overriding goal:
To ensure subdivision and development is measured against open spaces and
is balanced within the landscape working in harmony with the natural
environment.
3.3
Plan Objectives
The following objectives shall be used as a framework for the policies of this plan and its
implementation.
a.
To identify and promote the retention of the area's natural attributes, aesthetics and
features by developing locational and environmental policies which sustain the
natural environment.
b.
To maintain the natural aesthetics of valuable corridors in the Plan Area - the
Crowsnest River and the area's principal highways - by implementing policies which
complement the natural aesthetics and maintain the visual attributes of these
corridors.
c.
To provide access and protection along the Crowsnest River through enhanced
setbacks from the bed and shore of the river upon subdivision and development of
land.
d.
To protect environmentally significant and historic resource areas (as identified in
"Environmentally Significant Areas in the Oldman River Region, Municipal District of
Pincher Creek" - February 1987) within the Plan Area by identifying these areas and
limiting the intensity of subdivision and development in the vicinity.
Municipal District of Pincher Creek No. 9
Page 8
Burmis Lundbreck Corridor Area Structure Plan
e.
To provide an efficient and safe road network to address existing traffic issues for
both provincial and municipal roads.
f.
To encourage residential development that is secluded from other development
whenever possible, and that general residential privacy considerations are given full
attention when any development or subdivision is being considered.
g.
To encourage that the effects of noise, dust, smoke, glare and other hazardous
impacts are minimised, and to provide that:
(i)
such effects are given full attention when a development or subdivision is
considered, and
(ii)
such effects do not erode the quiet enjoyment of a residential environment.
h.
To prevent development on lands which are unstable or subject to flooding.
Specific additional study on the land to be developed may be required to delineate
the extent of the 1:100 year flood way.
i.
To limit industrial and commercial development in the Corridor while making the
best use of the area's resources by careful consideration of future needs.
j.
To rationalize land ownership pattern and small parcel sizes in the historical Burmis
settlement, and its vicinity, and at other locations where appropriate.
k.
To ensure that development in the vicinity of the Lundbreck Falls campground is
compatible with the area.
l.
To implement policies which:
(i)
allow careful monitoring and review of development and subdivision in the
area;
(ii)
ensure that this plan and its implementing mechanisms, once adopted, are
reviewed in the future;
(iii)
limit the density of subdivision and development within the area; and
(iv)
promote agricultural uses, wildlife crossings, and ungulate wintering ranges.
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
Page 9
4.0 THE LAND USE STRATEGY
4.1
General Land Use Policies
Upon adoption of this plan, the sequence of development for each land use shall follow
the specific policies outlined in the remainder of this document and those policies and
provisions found within the MD of Pincher Creek Municipal Development Plan and Land
Use bylaw. The following policies apply to the entire Plan Area, regardless of specific
uses proposed for development.
a.
Applications for local area structure plans, redesignation, subdivision or
development in the Plan Area shall conform with the Goal and Objectives of the
Municipal District of Pincher Creek No. 9 Municipal Development Plan and be
compatible with the policies of this Plan.
b.
Applications for local area structure plans, redesignation, subdivision or
development in the Plan Area, should reference the land use illustrated in Figure 3
and shall be compatible with the policies of this Plan.
c.
"Short-term", "medium-term" and "long-term" growth projections in the plan area will
be dependent upon a number of site-specific factors including:
(i)
the proximity of the area to urban services or the ability of the area to be
serviced from collective sewer and water systems;
(ii)
the ability of the existing transportation network to handle additional capacity
proposed by a new use in the Plan Area; and
(iii)
the proximity of existing uses to the proposed use, and the extent of
contiguous build out in the area.
4.2
Agricultural Land Use Policies
The continuation of agricultural land use in the Plan Area is encouraged. Nevertheless,
the Plan Area is subject to unique pressures including increases in the amount of sour
gas extraction and pipelines in the area, increasing non-agricultural land values; demand
for country residential development, and conflicts between residential and agricultural
land uses.
a.
Lands identified as Agriculture Transitional on the Land Use map (Figure 3)
represent primarily full quarter sections and smaller farmable units. These areas
hold long term potential for conversion to non-agricultural uses upon development
of adjacent, non-agriculturally designated, lands in accordance with the policies of
this Plan.
b.
Applications for separation of a farmstead or country residence from an un-
subdivided quarter section, subdivision of a fragmented parcel, and subdivision of
land for extensive agricultural use are subject to the policies of the Municipality's
Municipal Development Plan and Land Use Bylaw.
Municipal District of Pincher Creek No. 9
Page 10
Burmis Lundbreck Corridor Area Structure Plan
c.
Cattle producers are encouraged to follow the principles and best management
practises of programs like Cows and Fish which strive to protect the riparian lands
within the corridor to the benefit of all.
d.
Confined Feeding Operations (CFOs) shall be prohibited in the Burmis Lundbreck
Corridor Area Structure Plan boundary and should be included on the MDP
Confined Feeding Operations Prohibited Areas map.
e.
Introduction of new agricultural activities with potential to create significant negative
offsite impacts should not be permitted.
f.
Agricultural land uses should be promoted and encouraged to continue within the
Plan area. In consultation with the landowner, land should be protected and
enhanced through land conservation programs that improve their economic viability,
such as land trusts, conservation easements and transfer of development credits (if
endorsed by the Municipality).
g.
Where development of agricultural lands with non-agricultural uses is deemed
appropriate, the resulting subdivision design shall accommodate an appropriate
transition and buffer from any existing agricultural operation.
4.3
Grouped Country Residential Land Use Policies
The development of healthy, safe, and viable communities compatible with the natural
environment is encouraged. The Plan encourages the expansion of country residential
uses in a contiguous manner. Grouped Country Residential Land Use Policies shall be
determined on its own merits subject to more detailed local area structure plans, Water
Act requirements, and the suitability of the proposed development.
Proposals for residential development should proceed in accordance with the policies of
this section. Visual impacts both from the Transportation corridors (Figure 3) and within
neighbourhoods shall be considered. Density and housing types should protect and
conserve the natural scenic attributes of the land. Rural density developments with
integration of open space and larger lot sizes are preferred over urban forms of
development.
4.3.1 General Grouped Country Residential Land Use Policies
a.
Minimum parcel size shall be three (3.0) acres or a lesser area if the
proposed lots are serviced with sewer and water, provided that the densities
prescribed in this plan are not exceeded.
b.
Grouped Country Residential land use is preferred in the Burmis Lundbreck
Country Residential Area identified in the Land Use map (Figure 3). The
Municipality may consider applications for Grouped Country Residential
development outside of the identified area provided that the available services
and infrastructure adequately service permitted levels of development.
Further, that the applicant demonstrates through professional reports or
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BURMIS LUNDBRECK CORRIDOR
AREA STRUCTURE PLAN
BYLAW No. 1042-00
DATE: SEPTEMBER, 2000
AMENDING BYLAW NO. 1228-12
FIGURE 3
LAND USE
/(*(1'
BURMIS LUNDBRECK
CORRIDOR ASP BOUNDARY
AGRICULTURE TRANSITIONAL
COMMERCIAL NODE
COUNTRY RESIDENTIAL
DIRECT CONTROL
HISTORIC BURMIS SETTLEMENT
POLICY AREA
ENVIRONMENTALLY SENSITIVE
CORRIDOR
REC - COMMERCIAL OPEN SPACE
RIPARIAN AREA
TRANSPORTATION CORRIDOR
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
Page 11
studies how impacts on the environment, and adjoining landowners are being
mitigated.
c.
All local area structure plan proposals for grouped country residential must
provide at the time of application a water report in accordance with the Water
Act.
d.
Grouped country residential lots shall contain dwellings that are consistent
with the Land Use Bylaw.
e.
Local area structure plan applications for grouped country developments shall
demonstrate that the proposal will not negatively impact the development of a
future road network on surrounding lands.
f.
Panhandles or Flag Lots are generally discouraged except where site
constraints exist or where panhandles may accommodate future internal
subdivision roads. All new grouped country developments should have direct,
physical, and legal access to a public roadway.
g.
Prior to approving local area structure plans, redesignation or subdivision for
grouped country residential, Council may provide an opportunity for public
input over and above the statutory requirements.
h.
The preferred density of grouped country residential parcels should not be
more than 16 parcels per quarter section. The 16 parcels is a benchmark
which has to be understood in the context of the carrying capacity of the land.
Not every quarter is suitable for 16 parcels and some may be able to handle
more. Carrying capacity will be dependent on the professional reports for
water, septic soils analysis, geotechnical analysis, environmental assessment,
historical/archaeological assessment and any other matter deemed necessary
by the Municipality.
4.3.2 Grouped Country Residential Local Area Structure Plan Policies (2 lots or
more)
In addition to the General Grouped Country Residential Policies listed above, the
Municipality will require a local area structure plan which addresses all policy
requirements contained in Section III. M of the Municipal Development Plan.
Particular attention should be given to the following:
a.
an evaluation of any on-site hydrological conditions including confirmation of
sufficient water supply in accordance with municipal and provincial
requirements;
b.
an evaluation of sanitary servicing in accordance with municipal and provincial
requirements;
c.
compliance with Section 5.0 of the Plan which may require an evaluation of
on-site geotechnical, archaeological, and historical features in accordance
with municipal and provincial requirements. In addition, applicants should
Municipal District of Pincher Creek No. 9
Page 12
Burmis Lundbreck Corridor Area Structure Plan
refer to M.D. of Pincher Creek Environmentally Significant Areas in the
Oldman River Region (1987) for more detailed data;
d.
a demonstration that a reasonable attempt has been made, where possible
and practical, to retain and utilize natural features;
e.
a site plan outlining the staging and sequencing of the development with
identification of a building site on each lot; and
f.
any other matter deemed necessary by the Municipality.
4.4
Historic Burmis Settlement Policy Area
The Historic Burmis Settlement Policy, identified on the Land Use Map (Figure 3),
consists of historic subdivision plans (c. 1910 & c. 1912) which subdivided urban size lots
for a future settlement in support of the railroad. Existing residences in the area appear
to straddle titles or are located outside of the titled residential lot area.
a.
The Municipality shall endeavour to cancel unnecessary streets and lanes within
Registered Plan 3688AE and Registered Plan 5510AL in order to promote a more
logical pattern of land ownership, and reduce the number of separate titles.
b.
Existing Residences in the Historic Burmis Settlement Policy Area should not be
issued development permits for renovation, construction or addition until such time
as the Municipality is satisfied that the dwelling meets setbacks, within the confines
of the parcel.
c.
No new development permits or building permits shall be issued within the Historic
Burmis Settlement Policy Area unless it can be demonstrated, to the satisfaction of
the Municipality, that the method of servicing (i.e. - water, septic, road access,
electrical and plumbing) can meet provincial and municipal requirements.
4.5
Commercial Land Use Policies
Land use within the Burmis Lundbreck Corridor may include some small-scale
commercial uses. The commercial component should be designed with sensitivity to the
local residents and the design should be sensitive to both the visual impact from highway
corridors and the area's natural features.
a.
Small-scale Commercial land uses(s) may be appropriate in the Plan Area provided
they promote amenity and diversity to the Plan Area while being compatible with
adjacent uses. Commercial use(s) should be small-scale and offer services to the
local residential and agricultural community and business area residents. Small-
scale commercial uses include those commercial uses found within the Agriculture
- A, Rural Recreational 1 - RR1, and Grouped Country Residential - GCR land use
bylaw districts.
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
Page 13
b.
Large-scale commercial uses are encouraged to locate in the Hamlet of Lundbreck
or Crowsnest Pass and discouraged from locating within the Burmis Lundbreck
Corridor. Large-scale commercial uses include those commercial uses found within
the Rural Highway Commercial - RC land use bylaw district.
c.
Applications for redesignation, subdivision or development for commercial uses
shall be subject to Performance Standards and Development Guidelines.
Performance Standards and Development Guidelines are intended to provide
guidelines for the development of Commercial development within the Plan Area
and to establish standards for the management of potential nuisances that may
result from activities occurring therein. The Performance Standards and
Development Guidelines may be addressed and incorporated into a development
agreement. The development agreement may include but not be limited to all
aspects of the Land Use Bylaw.
d.
In support of a proposal, applicants may be required to submit the following
information to the Municipality:
(i)
the proposed internal road hierarchy and, if within the vicinity of Highway 3,
3A, 22 or 507, the preparation of a cross-section from the highway to the
maximum height of any proposed development in order to demonstrate the
visual impact of any proposed development on these lots;
(ii)
an Operational Plan detailing the hours of operation, number of employees,
nature of the commercial operation, and a landscaping and site lighting
scenario. The Operational Plan shall indicate how the commercial use is
compatible with both the safe function of the Highway and adjacent residential
uses;
(iii)
a Traffic Impact Assessment (TIA), prepared by a professional engineer of
The Association of Professional Engineers, Geologists, and Geophysicists of
Alberta (APEGGA) , based on building size, anticipated land uses, and
number of proposed lots. The TIA shall include a clear set of conclusions and
recommendations for improvements to the transportation system.
e.
The landowner may be required to register a caveat or restrictive covenant
respecting architectural control including, but not limited to, incorporation of
environmentally
sustainable
principles
for
development,
building
design,
appearance, character, and detailed landscaping requirements.
4.6
Recreational Commercial Land Use Policies
A Recreational Commercial area has been identified at the Lundbreck Falls location.
Lundbreck Falls itself is a designated Environmentally Sensitive Area. The Falls, due to
their proximity to a major highway, experience a large number of short-term visitors and
overnight campers. The physical area available to accommodate visitors appears to
require improved planning and future expansion. The Land Use Map (Figure 3) identifies
a future Recreational Commercial area in the vicinity of Lundbreck Falls that should be
considered for new campground locations and visitor amenities. The future Recreational
Commercial area lies south of Highway 3 to the Crowsnest River.
Municipal District of Pincher Creek No. 9
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Burmis Lundbreck Corridor Area Structure Plan
Expansion of the Lundbreck Falls Campground Area should be considered on land
identified on Figure 3 as Rec-Commercial Open Space. The use of these lands should
provide for a buffer around Lundbreck Falls, allow for future expansion or diversification of
public facilities as the need arises, and link the existing campground area with other
public lands and open space systems, where appropriate.
4.7
Industrial Land Use Policies
The Municipality discourages industrial uses in the Plan Area. Industrial uses are more
appropriately located in the Hamlet of Lundbreck.
Natural Resource Extraction includes facilities such as gravel pits (and associated
operations), asphaltic processing, sand pits, clay or marl pits, peat extraction, and
stripping of topsoil. A number of active and inactive Gravel Pits currently exist in the
Burmis Lundbreck Corridor; current permitted locations are identified in Appendix B.
Sour gas pipelines and facilities exist within or near to the Plan Area. These facilities are
identified on Appendix B. The community has expressed concern regarding the number
of sour gas facilities being developed in the Plan Area and the overall safety of these
operations. The Energy Resources Conservation Board (ERCB) is responsible for
ensuring a sour gas well operator has conducted due diligence with the community prior
to any approvals.
a.
Industrial uses shall be subject to the Performance Standards and Development
Guidelines. Performance Standards and Development Guidelines are intended to
provide guidelines for the development of industrial development within the Plan
Area and to establish standards for the management of potential nuisances that
may result from activities occurring therein. The Performance Standards and
Development Guidelines may be addressed and incorporated into a development
agreement.
b.
Category 3 WECS, as defined in the Land Use Bylaw, are prohibited within the
Burmis Lundbreck Corridor Area Structure Plan Boundary.
c.
Applications in support of establishing a new or expanded sand/gravel operation in
the Plan Area shall first apply to designate the land to the Direct Control district of
the Land Use Bylaw.
d.
All new sand/gravel pit operations shall submit a reclamation plan as part of the
development application process and shall be subject to a development agreement.
Progressive reclamation is recommended during pit operation as it may take two to
three years to return the land to an equivalent capability. Once a development
stage is completed, overburden and subsoil can be directly placed into depleted pit
areas to achieve the contour grade for reclamation. Reclamation should focus on
restoring gentle landforms, establishing equivalent drainage and reconstructing an
acceptable soil. Reclaimed land surfaces must be at least one metre above the
water table's shallowest depth.
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
Page 15
The end land use for the pit should be decided during the planning stage, in
consultation with the municipality. This is based on an assessment of the type of
operation, its location and surrounding uses. The end use usually dictates the
sloping requirements. Some typical end uses include: cultivation, hay land, pasture,
native grassland, forest, wildlife habitat, water bodies, and industrial or residential
subdivisions.
e.
Existing sand/gravel operations shall not expand beyond their original permit
parameters without approval of the Municipal Planning Commission.
f.
Applications for subdivision or development within the Plan Area shall be required to
maintain appropriate setbacks from sour gas pipelines within the Plan Area as
determined by the provincial referral agency (ERCB). See Appendix C.
g.
Natural resource exploration and refining facilities in the Plan Area are permitted at
the discretion of the provincial referral agencies. The Municipality encourages
community consultation and public involvement in the decision-making process.
4.8
Institutional Land Use
The determination of appropriate long-term locations for Institutional land uses (i.e.
libraries, schools, cemeteries, churches, long-term care facilities, places of worship,
public utility buildings, etc.) in the Plan Area are difficult. Institutional land uses should be
integrated with the landscape and compatible with surrounding land uses.
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
Page 17
5.0 ENVIRONMENTAL POLICIES
5.1
Environmentally Significant Areas (ESAs)
The Burmis Lundbreck corridor contains four (4) identified ESAs. They include the
Connelly Creek Ridges, the Crowsnest Ridges, the Crowsnest River, and the Rock - Cow
Creek Wetlands. Each of these ESAs is rated in terms of its National, Provincial or
Regional Significance. Nationally Significant ESAs contain features which are limited in
distribution in Canada or which are the best or only representatives at a national level.
Provincially significant ESAs contain features which are limited in distribution at a
provincial level. Regional ESAs are limited in distribution or are the best examples of a
feature in the Oldman River Region. Each of the four ESAs are identified on Figure 4
with a notation regarding the characteristics that make the area qualify as an ESA. The
M.D. of Pincher Creek Environmentally Significant Areas in the Oldman River Region
(1987) study should be consulted for more detailed information (an excerpt is provided in
Appendix A).
a.
Applications for local area structure plans, redesignation, subdivision or
development within an identified ESA (Figure 4) shall be required to satisfy the
Municipality that appropriate site management practices are being undertaken and
that the application does not diminish the significance of the natural environment in
the subject location or as part of a comprehensive ecosystem.
b.
The Municipality may impose conditions of approval, where applicable, with respect
to:
(i)
the regulation of development in proximity to water bodies or other natural
features that, in the opinion of the Municipality, will serve to mitigate or avoid
potential environmental consequences and potential hazards to proposed
development; and
(ii)
the protection of fish and wildlife habitat.
5.2
Crowsnest River Environmental Reserve System
The Crowsnest River is a major drainage course in the Plan Area and is considered to be
a significant trout fishery and tributary to the Oldman River basin. Maintenance of the
water quality of the Crowsnest River and the land adjacent to the River is a high priority.
An updated and more detailed Crowsnest River flood study should be undertaken by
Alberta Environment to permit informed decisions regarding riparian protection and any
proposed adjacent development.
Municipal District of Pincher Creek No. 9
Page 18
Burmis Lundbreck Corridor Area Structure Plan
a.
For applications within the Crowsnest River watershed, the Municipality may
request that the developer prepare an Environmental Impact Assessment that
describes impact of the proposed development on the Crowsnest River. The
Environmental Assessment should find conclusively that the development would
cause no negative effect upon the Crowsnest River and its habitat.
b.
Redesignation, subdivision or development proposed within the 1:100 year flood
plain is prohibited.
c.
The Municipality may request the developer, at their sole expense, to undertake
specific study on the land to be developed to delineate the extent of the 1:100 year
flood plain. This report shall be prepared and contain the seal and signature of a
professional engineer of The Association of Professional Engineers, Geologists,
and Geophysicists of Alberta (APEGGA).
d.
The Land Use Bylaw shall be amended to incorporate a development setback of
100m from the Crowsnest River and Rock Creek (see Figure 3). Existing grouped
country residential lots will not be required to meet the setback, but should be
encouraged to preserve all riparian habitats in a natural state. The setback shall
apply to all newly proposed developments.
e.
The Municipality, during the local area structure plan process or at the time of
subdivision, may require the dedication of additional Environmental Reserve lands
to ensure satisfactory protection of the Crowsnest River and its habitat.
f.
Developments shall comply with provincial and federal regulations that restrict
development activities which are likely to impact fish and fish habitat.
5.3
Open Space
The role of open space in the BLC seeks to address Community expectations. The role
has three components - to preserve the rural character of the area, to preserve the
natural environment and to provide the Area with recreational amenities. Privately held
"Open Landscapes" and publicly designated "Open Spaces" have a role to play in
maintaining the community character.
5.3.1 Policies to Preserve Rural Character
a.
Proposals to develop existing private open landscapes should:
(i)
sensitively help preserve and enhance the visual integrity of the site
(e.g. discourage locating new building sites within the center of a
meadow, maintain irregular field edges when they occur, etc.);
(ii)
implement "cluster" subdivision designs that are less visually intrusive
because they minimize the footprint of development;
(iii)
avoid development along ridgelines and other visually prominent
locations; and
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BURMIS LUNDBRECK CORRIDOR
AREA STRUCTURE PLAN
BYLAW No. 1042-00
DATE: SEPTEMBER, 2000
AMENDING BYLAW NO. 1228-12
FIGURE 4
ENVIRONMENTALLY
SENSITIVE AREAS
/(*(1'
BURMIS LUNDBRECK
CORRIDOR ASP BOUNDARY
CONNELLY CREEK RIDGES
(PROVINCIALLY SIGNIFICANT)
CROWSNEST RIDGES
(REGIONALLY SIGNIFICANT)
CROWSNEST RIVER
(NATIONALLY SIGNIFICANT)
ROCK - COW CREEK WETLANDS
(REGIONALLY SIGNIFICANT)
WILDLIFE VEHICLE HIGH COLLISION ZONE
MEDIUM
HIGH
VERY HIGH
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
Page 19
(iv)
avoid clear-cutting of existing vegetation during site preparation.
Rather, selective tree removal and pruning of limbs should be
encouraged through consideration of Fire Smart development practices,
community education, land use bylaw amendments, developing other
municipal bylaws, etc.
b.
Dedication of Municipal Reserves may be considered to:
(i)
protect prominent rural vistas and culturally significant points-of-interest;
(ii)
provide a visual buffer between existing and new developments; or
(iii)
provide appropriate separations between potentially conflicting land
uses.
5.3.2. Policies to Preserve the Natural Environment
a.
In accordance with the MGA, public open space (Environmental or Municipal
Reserves) should be dedicated to preserve or integrate environmentally
significant areas.
b.
For purposes of this Plan, environmentally sensitive lands within private open
landscapes include riparian areas, the Environmentally Sensitive Corridor
defined by Figure 3, and upland areas with steep or unstable slopes, as well
as any other lands that qualify as Environmental Reserve under the Municipal
Government Act. These lands should be protected and enhanced through
implementation of various mechanisms, which are at the discretion of the
Municipality, that create areas of Open Space and restrict development from
these lands (e.g. Conservation Easements and Land Trusts).
c.
Unless identified for active recreational amenities, public open spaces should
remain in their natural "undisturbed" state. Strategies should be implemented
to appropriately maintain public open spaces should they become a nuisance
(e.g. risk of fire, weeds, etc.).
d.
Development occurring in proximity to the provincial lease lands located west
of the Plan area should respect and buffer the natural integrity of these lands.
e.
The plan encourages the use of conservation easements by landowners to
preserve ungulate travel corridors and wintering ranges.
f.
Dedication of Environmental Reserve (ER) in the Plan Area shall be
determined by the Municipality in accordance with MDP policy and s. 664 of
the Municipal Government Act. Environmental Reserve Easement (ERE) is
another option that should be determined on a site-specific basis by the
Municipality. ER or ERE may be required, at the discretion of the
Municipality, including but not limited to the bed and shore of the Crowsnest
River, steep slopes, areas adjacent to secondary drainage courses, and
surrounding Lundbreck Falls. An Environmental Reserve Easement will
include a requirement for public access.
Municipal District of Pincher Creek No. 9
Page 20
Burmis Lundbreck Corridor Area Structure Plan
g.
Although most of the Plan Area provides year-round deer habitat, it is the
winter range that provides the food and shelter. An application for subdivision
or development in the Environmentally Sensitive Corridor defined by Figure 3
shall consider the following in the development proposal, to the satisfaction of
the Municipality:
(i)
the application demonstrates avoidance of those lands identified as part
of the Environmentally Sensitive Corridor defined by Figure 3, where
possible;
(ii)
that the footprint of subdivision or development be kept as small as
possible;
(iii)
that the proposal meets any conditions of Alberta Sustainable Resource
Development.
5.3.3. Policies to Provide Community Recreational Amenities
a.
Municipal Reserves should be dedicated as land rather than cash-in-lieu of
land where the municipality envisions a need for recreational activity and
connectivity.
b.
When considering dedication of Municipal Reserves, the location and function
should be carefully considered to maximize opportunities for improving or
enhancing the communal recreation benefit provided by existing open spaces
and public facilities.
c.
The long-term capital needs of existing recreational facilities should be
evaluated when considering cash-in-lieu funding requests within the Plan
area.
d.
The Municipality supports retention and enhancement of open space and
recreational space in the Plan Area. Linkages between, and continuity of,
these spaces are also encouraged.
5.4
Historic and Archaeological Features within the Plan Area
The Crowsnest River area originally supported First Nations people and vestiges of tipi
rings, stone cairns, surface camps, terrace camps, and bison kill sites were discovered in
the river valley.
a.
Applicants for redesignation, subdivision or development within the Plan Area
should consult Alberta Culture's Listing of Historic Resources to determine if there
may be an impact on identified historic and archaeological resources as a result of
the development proposal.
b.
The applicant/developer may be required to submit a Historical Resources Impact
Assessment that may be requested by provincial departments (i.e. Alberta Culture)
when within the vicinity of historical features, archaeological features or both.
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
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6.0 INFRASTRUCTURE
Infrastructure includes the hierarchy of road networks, rail lines, private water systems, septic
systems, solid waste management systems, corporate utility services, police, fire, and
ambulance service.
6.1
All Infrastructure
The quality of infrastructure is a fundamental part of the well-being of a community and its
ability to sustain growth over time. To improve the quality of life in the Municipality as a
whole, it is important that the Municipality occasionally assess infrastructure as it relates
to the planning of communities. The Plan contains policies that recommend
improvements, and triggers for assessment of infrastructure over time as the community
continues to grow.
a.
The Municipality has developed a set standard for roads and infrastructure servicing
that follows a general hierarchy. The Municipality may require an assessment of
necessary infrastructure when considering local area structure plans, redesignation,
subdivision, or development proposals.
b.
At the time of subdivision, the Municipality shall require a 3.5 metre frontage
easement for all grouped country developments and may require the same
easement for all other types of development within the Burmis Lundbreck Corridor.
6.2
Road Systems
The Corridor contains two (2) provincial highways (3 and 22) with an adjoining Secondary
Highway (507). Figure 5 identifies where intersections with these Highways are
permitted in the Plan Area. The overall safety and function of the transportation network
should not be compromised by new development. In addition, the visual impact of
development along the highway corridor should be complementary to the area's natural
amenities.
Municipal District of Pincher Creek No. 9
Page 22
Burmis Lundbreck Corridor Area Structure Plan
6.2.1 Highways 3, and 22 and 507
Highways 3 and 22 are Provincial highways administered by Alberta Transportation
(AT). It is important to ensure that future land uses within the Plan Area do not
impair the function and safety of these highways. AT has additional influence over
permitted developments within 0.8 km of the right-of-way of Highways.
Secondary Highway (SH) 507 is a major corridor and provides the majority of direct
access to Castle Mountain Ski Resort. The majority of residential development in
the Plan area gains access to the primary highway system from SH 507 which, if
not addressed properly, may cause traffic problems long-term.
a.
Unless authorized by Alberta Transportation, no new or direct access to
Highway 3, 22 or 507 shall be permitted. The Road Systems (Figure 5)
identifies where existing intersections on these Highways are located.
b.
In addition to Municipal Building and Development Permits, an application
within 0.8 kilometres (½ mile) of the Highways 507, 3 and 22 require a
Provincial Roadside Development Permit from Alberta Transportation.
c.
The Province may request a 30 metre (100 foot) dedication of land adjacent
to the Highway right-of-way, where applicable. In addition, the Province may
request the construction of parallel service roads to existing access points
along the highway to reduce the number of accesses onto the provincial road
system.
d.
In light of the importance of the Transportation corridor (Figure 3) as a
gateway to the Crowsnest Pass and as a scenic transportation route, the
province, the Municipality or both may require that the visual impact of
development be demonstrated prior to any approval being granted. Building
form and character should integrate with the surrounding landscape and
adjacent building forms.
e.
Close working relationships between the Province, the Municipality, local
developers, industry representatives and area residents should coordinate
any required short and long-term improvements to the provincial
transportation system.
6.2.2 Local Roads
The Burmis Lundbreck Corridor contains areas where potential exists to develop
new internal roads and linkages to accommodate new development. New
development will be required to pay for, or contribute to, the upgrading of the local
road network.
a.
All new internal roads developed to service country residential development in
the Burmis Lundbreck Corridor shall be provided at the sole expense of the
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BURMIS LUNDBRECK CORRIDOR
AREA STRUCTURE PLAN
BYLAW No. 1042-00
DATE: SEPTEMBER, 2000
AMENDING BYLAW NO. 1228-12
FIGURE 5
ROAD SYSTEMS
/(*(1'
BURMIS LUNDBRECK
CORRIDOR ASP BOUNDARY
ALBERTA TRANSPORTATION
ROAD HIERARCHY
ARTERIAL
COLLECTOR
LOCAL
INTERSECTIONS
MAJOR
SECONDARY
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
Page 23
developer and may be developed to a specific standard identified in MD policy
and will be included as part of a Development Agreement.
b.
Applications for subdivision or development in the Plan Area that require new
road development may, at the discretion of the Municipality, be required to
provide a traffic impact assessment prepared by a professional engineer of
The Association of Professional Engineers, Geologists, and Geophysicists of
Alberta (APEGGA).
c.
New subdivision or developments should accommodate at least two points of
access/egress. New subdivisions with "cul-de-sac" local roads should
accommodate an emergency access to an alternate local road via an all-
weather surface that is maintained year-round.
d.
Protection and maintenance of healthy riparian environments, viable
ecosystems and natural habitats shall be a priority when additional municipal
roads are developed.
6.2.3 Rail Line
A Canadian Pacific Rail line runs east west adjacent to the Highway 3 alignment
and forms part of the Transportation Corridor shown on Figure 3. The rail line
causes a constraint to country residential development and creates access
problems to the provincial and municipal road system.
a.
Adequate setbacks shall be maintained from the rail line in accordance with
CPR regulations.
b.
Any rail line crossing requires both Municipal and Federal (Transport Canada)
approval. Developers proposing to cross the rail line, may be required to take
additional safety factors into consideration at the discretion of the Municipality
and the Federal Government. Consultation with CP Rail should occur early in
the planning process for any proposed rail crossing.
6.3
Water Sources and Resources
The Alberta provincial government approved the Water Management Plan for the South
Saskatchewan River Basin (SSRB) in August 2006. As a result of this plan, the Province
stopped accepting applications for new allocations of water in the Oldman, Bow, and
South Saskatchewan sub-basins in southern Alberta. The Plan Area is entirely serviced
by groundwater sources. More restrictive water policies for groundwater sources have
been implemented under the provincial Water Act. The regulations of the Water Act
regarding licensing and distribution of groundwater may result in the increased utilisation
of privately operated central water distribution systems within the Plan Area.
Municipal District of Pincher Creek No. 9
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Burmis Lundbreck Corridor Area Structure Plan
a.
The Municipality encourages the development of central groundwater water
systems for the servicing of grouped country residential developments. Licensing
and approval of these systems are subject to Alberta Environment.
b.
Individual Groundwater sources must be approved and/or licensed in accordance
with municipal or provincial policy.
6.4
Sanitary Sources and Resources
The Plan Area has historically relied on conventional field septic systems. Some areas of
the Burmis Lundbreck Corridor are subject to high percolation rates, due to subsurface
gravel concentrations, which require alternative septic systems. High Percolation rates in
the vicinity of the Crowsnest River should be considered for their long-term impact on the
river and its water quality.
On-site sewage disposal systems shall be developed to the standards of Alberta Safety
Codes Council or Alberta Environment, whichever is applicable to the type of
development.
6.5
Shallow Utilities
Shallow utilities include natural gas, telephone, and electricity. Gas service to the area is
provided by ATCO Gas. Telus provides telephone service. Electrical service is provided
by Fortis.
a.
Provision of Shallow Utilities in applications for subdivision or development shall be
at the sole expense of the developer and may be developed to a specific standard
identified in a development agreement.
b.
Provision of Shallow Utilities in applications shall be at an approved location when
placed on municipally owned land.
6.6
Solid Waste Management System
The Plan Area currently relies on individual landowner's being responsible for solid waste
disposal. The MD landfill is within 16 km (10 miles) of the BLC.
a.
Ongoing opportunities for public education programs should be encouraged, to
promote an understanding of leading edge strategies designed to reduce the
amount of solid waste directed into municipal landfills from the Plan area.
b.
The MD should explore a method that would allow for future subdivision and
developments to contribute to the capital costs of providing solid waste disposal
facilities within the Plan area.
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
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7.0 IMPLEMENTATION, REVIEW AND AMENDMENT
7.1
Plan Implementation
The Burmis Lundbreck Corridor Area Structure Plan falls within a hierarchy of applicable
planning processes as illustrated below. The M.D. of Pincher Creek No. 9 Municipal
Development Plan (MDP) is the guiding document for all development within the
Municipality. The Land Use Bylaw (LUB) establishes the land use rules and regulations.
The Burmis Lundbreck Corridor Area Structure Plan presents a greater level of planning
detail within the specific Plan Area and must be consistent with the MDP and any other
statutory plan as required by Section 638 of the MGA. Development in the Plan Area
should be consistent with policy contained within the Burmis Lundbreck Corridor Area
Structure Plan and any Local ASP. The Burmis Lundbreck Corridor Area Structure Plan
does not supersede, repeal, replace or otherwise diminish any other statutory plan in
effect in the Plan Area.
Municipal Development Plan
Subdivision
(Development Agreement)
District Designation (zoning)
Burmis Lundbreck Corridor
Local ASP
Burmis Lundbreck Corridor
ASP
Land Use Bylaw
(Development Permit
Development Agreement
Building Permits)
Municipal District of Pincher Creek No. 9
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Burmis Lundbreck Corridor Area Structure Plan
7.2
Application Referrals
When considering applications for local area structure plan or redesignation of lands, the
application and relevant information shall be sent to the following agencies:
a.
phone, electrical and natural gas utility providers,
b.
local authorities:
Livingstone Range School Division,
c.
provincial government departments:
Alberta Agriculture & Rural Development (when appropriate)
Alberta Culture and Community Services
Alberta Environment
Alberta Health Services
Alberta Sustainable Resource Development
Natural Resources Conservation Board (when appropriate)
Alberta Tourism, Parks, & Recreation
Alberta Transportation (when appropriate),
d.
others that Council may deem appropriate.
Council shall consider any responses received in a reasonable period of time.
7.3
Waiver of Area Structure Plan Policies
a.
As allowed for in the Municipal Development Plan and Land Use Bylaw, the
Subdivision Authority or Municipal Planning Commission may approve an
application for subdivision, or development approval even though the proposed
application does not comply with the area structure plan if, in its opinion, the
proposed application would not:
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii)
materially interfere with or affect the use, enjoyment or value of neighbouring
parcels of land.
b.
When the Subdivision Authority or Municipal Planning Commission is considering a
policy waiver as allowed for above, the authority shall consider the following:
(i)
whether the variance is minor and if it complies with other statutory plans and
bylaws,
(ii)
the comments of the appropriate persons and agencies received through the
referral process have been considered,
(iii)
effects on the operations of the municipality's road network,
(iv)
effects on the "Environmentally Sensitive Areas" outlined in Section 5.0,
Municipal District of Pincher Creek No. 9
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(v)
the professional plans or studies provided by the applicant which support the
proposed need for waiver.
7.4
Plan Review and Amendment
As the Burmis Lundbreck Corridor Area Structure Plan is a bylaw of the Municipality, a
formal process as outlined in the Municipal Government Act is required to amend the
Plan.
a.
The future land use and development outlined in the Burmis Lundbreck Corridor
Area Structure Plan is intended to address a long-term time horizon. Periodic
review and occasional amendment of the Burmis Lundbreck Corridor Area Structure
Plan through public hearing may be required in accordance with the Municipal
Government Act.
b.
The Burmis Lundbreck Corridor Area Structure Plan is flexible enough to allow for
review and amendment every five years or when the Municipality should deem it
appropriate.
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8.0 INTERPRETATION OF TERMS
For the purposes of this plan, the definitions stated below apply. If a word or term is not defined
below, then the definition in the MGA or the land use bylaw applies.
8.1
Area Structure Plan (ASP) - A statutory plan, adopted by Bylaw, that provides a
policy framework for the evaluation of proposals for redesignation, subdivision
and development of a specified area of land in the Municipality.
8.2
Archaeological/Historical Impact Assessment - An analysis of the potential
impacts of development on archaeological and historical resources.
8.3
Confined Feeding Operation - Has the same meaning as in the Agricultural
Operation Practices Act.
8.4
Council - The Council of the Municipal District of Pincher Creek No. 9.
8.5
Country Residence - A residence and associated developments related to an
unsubdivided quarter section or first parcel out of a quarter section.
8.6
Direct Control District - A district of the Land Use Bylaw that is subject to
regulations established by Council for control over the use and development of a
defined area and pursuant to the provisions of the Municipal Government Act.
8.7
Environmental Assessment - Refers to an area-specific study that may
include, but is not limited to:
a.
the identification and analysis of natural factors for the study area;
b.
an evaluation of the potential impact that a subdivision or a development
proposal may have on the factors identified; and
c.
a program of avoidance, mitigation measures or a combination of both.
8.8
Grouped Country Residential - Existing or proposed residential uses on two or
more adjoining parcels each of less than 70 acres in size.
8.9
Infrastructure - Public and private utility systems in the Municipality that may
include, but are not limited to, the transportation network, water and sewage
disposal systems, and utilities.
8.10
Land Use Bylaw (LUB) - A bylaw of the Municipality passed by Council as a
Land Use Bylaw pursuant to the provisions of the Municipal Government Act. A
land use bylaw may prohibit or regulate and control the use and development of
land and buildings in a municipality.
8.11
Land Use District - One or more divisions of the Land Use Bylaw establishing
permitted and discretionary uses of land or buildings with attendant regulations.
Municipal District of Pincher Creek No. 9
Page 30
Burmis Lundbreck Corridor Area Structure Plan
8.12
Local Area Structure Plans - Whereas this document provides a broad
overview of planning concerns, it is not site specific. The Local ASP shall
provide the detailed requirements for an ASP as outlined in the MDP.
8.13
Municipal Government Act (MGA) - Refers to the Municipal Government Act,
Statutes of Alberta 2000, Chapter M-26 as amended from time to time.
8.14
Municipal Development Plan (MDP) - The Municipal District of Pincher Creek
No. 9 Municipal Development Plan is the principal statutory land use plan for the
entire Municipality, adopted by Council, in accordance with the provisions of the
Municipal Government Act.
8.15
Municipality - The Municipal District of Pincher Creek No. 9 and, when the
context requires, means the area contained within the boundaries of the
Municipality.
8.16
Natural Features - Includes landscapes that are found in their natural state and
may be remnant, undisturbed, diverse or contain unique environmental
characteristics.
8.17
Operational Plan - An outline of the proposed operating practices for a
commercial proposal including, but not limited to hours and days of operation
and the methods proposed for site management.
8.18
Panhandles or Flag Lots - A lot that has access to a public right-of-way by
means of a narrow strip of land.
8.19
Plan - Refers to the Burmis Lundbreck Corridor Area Structure Plan as adopted
by Council and amended from time to time.
8.20
Private Utility - A utility service offered to the public by a private utility company
or co-op including, but not limited to, the provision of gas, electricity, water or
telephone services.
8.21
Qualified Professional - An individual with specialised knowledge recognised
by the Municipality and/or licensed to practice in the Province of Alberta.
Examples of qualified professionals include, but are not limited to, agrologists,
engineers, geologists, hydrologists and surveyors.
8.22
Recreational Commercial Land Use - A business land use in which
recreational activities or tourist related services and facilities are offered and a
fee is charged for use of the services and facilities.
8.23
Designate - "Redesignate", "redistrict", or "rezone" means changing the existing
land use district on the official Land Use District Map in the land use bylaw.
Municipal District of Pincher Creek No. 9
Burmis Lundbreck Corridor Area Structure Plan
Page 31
8.24
Traffic Impact Assessment - An area-specific study that may include, but is not
limited to, an analysis and evaluation of:
a.
the potential impact of a proposed subdivision or development on the
existing transportation network; and
b.
a program of future expansion or improvement of the transportation
network to accommodate the proposed growth and to preserve the
function and integrity of the network.
APPENDIX A: ENVIRONMENTALLY SIGNIFICANT AREAS
APPENDIX B: GRAVEL PITS, LAGOON & SOUR GAS PIPELINES
LEE LAKE
LUNDBRECK
3A
22
33
34
35
36
1
12
14
24
25
26
35
36
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
27
28
29
30
31
32
2
26
7
13
RIVER
CROWSNEST
RIVER
ROCK
CREEK
CROWSNEST
BURMIS LUNDBRECK CORRIDOR
AREA STRUCTURE PLAN
BYLAW No. 1042-00
DATE: SEPTEMBER, 2000
AMENDING BYLAW NO. 1228-12
APPENDIX B
GRAVEL PITS, LAGOON &
SOUR GAS PIPELINES
/(*(1'
BURMIS LUNDBRECK
CORRIDOR ASP BOUNDARY
GRAVEL PITS
GRAVEL PIT 805m BUFFER
DIRECT CONTROL
SOUR GAS PIPELINE & SETBACK
SEWAGE LAGOON
SEWAGE LAGOON 300m BUFFER
(NO RESIDENTIAL DEVELOPMENT)
APPENDIX C: ERCB SETBACKS
September 2011 - 1
Explaining ERCB Setbacks
This EnerFAQs explains setbacks in the energy industry, how they are determined, and how they may affect Alberta
citizens and their communities.
What is a setback?
A setback is the absolute minimum distance that must be maintained between
any energy facility (for example, a drilling or producing well, a pipeline, or a
gas plant) and a dwelling, rural housing development, urban centre, or public
facility. Setbacks vary according to the type of development and whether the
well, facility, or pipeline contains sour gas.
EnerFAQs No. 5
Explaining ERCB Setbacks
2 - September 2011
What is the ERCB definition of
a "public facility"?
The Energy Resources Conservation Board (ERCB) examines each specific
situation to decide if something is a "public facility." When establishing
setback distances, the ERCB does not consider simply any facility used by the
public to be a public facility; it must also be a facility that is often used by a
large number of people. Consideration is also given to the evacuation options
that apply to that particular facility. For example, a large, year-round
campground containing many individual campsites may be designated a public
facility under the ERCB definition, whereas a small, seldom-used campground
may not.
What is the ERCB definition of
"unrestricted country
development"?
Unrestricted country development refers to any collection of permanent
dwellings outside of an urban centre that number more than eight per quarter
section.
Why are setbacks necessary?
Setbacks prevent populated areas from developing too close to energy facilities
and energy facilities from getting too close to people. In other words, setbacks
provide a buffer zone between the public and the facility in the event of a
problem. In order to better understand the principle of a setback, an interesting
comparison can be made to the 30 kilometre per hour speed limit near a school
playground. While this speed limit is not a "guarantee" of safety, statistics
show that it is much safer than no speed limit at all, and the average driver can
stop quickly at this speed if faced with an emergency, such as a child suddenly
running into the street.
The child's safety isn't guaranteed, but the odds are strongly in the child's
favour with the low speed limit in place. In a sense, the ERCB's setback
distances function as the energy industry's "speed limits."
How long have setback
distances been in effect?
Setback distances have existed, in various forms, for oil and gas operations
since early production days (pipeline rights-of-way are a good example).
Established in 1976, new sour gas setback distances were immediately used by
the energy industry. In 1979, Provincial Planning Authorities formally adopted
the same setback distances, so both the energy industry and all Alberta
municipalities use these same guidelines when proposing and approving
developments of any kind.
How are setback distances
determined?
Sour gas facilities are categorized by the ERCB into four hazard levels based
on release rates for wells, release volumes for pipelines, and hydrogen sulphide
(H2S) content. There are predetermined setback distances for each level of sour
gas facility. Once the appropriate level has been established for a particular
facility, ERCB staff then examine the types of developments in the vicinity and
how people typically use the general area. For example, ERCB staff would
check to see if there are houses, schools, or hospitals close by. If necessary, a
setback distance may be increased due to these types of developments.
What are release rates?
The concentration of H2S and how fast it is coming out of the ground
determine the release rate.
EnerFAQs No. 5
Explaining ERCB Setbacks
September 2011 - 3
What are release volumes?
Release volumes are specific to pipelines. There is a fixed amount, or volume,
of gas that can be released from any pipeline once the valves are closed--this
is called the release volume. Pipelines are built with emergency shutdown
valves installed at preset points along the pipeline. When the valves detect
pressure drops in the pipeline, they close automatically, stopping the flow of
gas through the pipeline and trapping the gas between the two valves closest to
the rupture. That's all the gas that can escape, and the amount of escaping gas
can be quickly calculated.
Why is H2S content
important?
The higher the concentration of H2S and the rate that it is released, the greater
the potential for risk. That is why H2S content and release rates are important
factors in setback distances.
Why are setback distances
different for a farm home than
for a large campground?
Extra space is built into setback distances in the case of towns and major
campgrounds to ensure that a proper evacuation can be carried out if necessary.
It is much easier to evacuate one family than a great number of people or an
entire community.
What if I live near a sour
facility?
ERCB setback distances are deliberately designed so that the actual risk to
people from sour gas facilities will be reduced to the lowest levels possible.
What safety precautions does
the ERCB require of industry?
The energy industry is required to maintain safe operations at all of its
facilities. With pipelines, for example, the industry has developed a number of
important safety practices, such as specially designed block valves and
different kinds of pipeline monitoring systems. In the case of drilling wells,
industry must comply with strict blowout prevention measures.
What if I am already living
within a sour gas setback
distance?
Such situations are rare, as both the industry and the municipal planning
authorities have followed the same setback guidelines for some time. If you
have reason to believe that such a problem does exist for you, contact the
operator of the facility or the nearest ERCB Field Centre (see list on last page).
May I develop my land if it
falls within an ERCB setback?
Municipal authorities oversee land development and do not permit
development where people will be living within the setback. However, lands
affected by the setback for a pipeline, for instance, could be landscaped and
used as green space. Note that municipal authorities do have setback
restrictions for developments other than sour gas, such as road allowance
restrictions. This question and others like it should be directed to your local
municipal authority. ERCB advice is available to these authorities with
reference to specific projects, as required.
Is there any way I can change
a setback distance that affects
my land?
Setback distances may be changed when either the rate or volume of the energy
facility changes or when the type of development in the setback area is altered.
Release rates and release volumes may change over time due to dropping
production from a well or the H2S content changing.
An example of altering the purpose for which land is being used is if a
landowner wishes to convert a large, year-round campground that had been
designated a public facility back to farmland and then build a home on it for
EnerFAQs No. 5
Explaining ERCB Setbacks
4 - September 2011
the family. While the campground may have required a large setback by the
planning authority because there could be many people in the camp, the single
farm residence would usually require a smaller setback, because it would be
easier to notify and evacuate one family.
How do setback distances
affect the future development
of my hometown?
Setbacks may restrict a community development to a greater extent than an
individual dwelling. For example, if your town wanted to expand through
annexation, a 500 metre setback distance from any level-2 sour gas facility
would be recommended, rather than the 100 metre setback distance facing an
individual residence.
What is the difference
between a setback distance
and an emergency planning
zone?
A setback is the amount of land serving as a buffer zone between people and
energy facilities. An emergency planning zone (EPZ) is the distance outward
from a facility, where people and the environment could be affected by a
potential worst-case incident.
What happens if an energy
company wants to drill a well
or build a facility close to my
home?
The ERCB requires the companies to follow its Directive 056 "Category Type
and Minimum Consultation and Notification Requirements" when dealing with
landowners and occupants. The company must provide affected landowners
and occupants with factual information regarding the facility and explain the
potential land-use restrictions that may occur as a result of the development.
What if I object to this
development?
The ERCB requires the company to indicate whether any of the landowners
contacted have objections to the application. If you have an objection to an
application, the ERCB will request that the company contact you again to
explore possible resolutions of your concerns. Failing a solution, the ERCB
may have to consider your concerns at a formal public hearing. See EnerFAQs
No. 2: Having Your Say at an ERCB Hearing.
Will I be compensated for the
use of my land?
Decisions regarding compensation for placing energy facilities on your land do
not fall under the ERCB's jurisdiction, but are the responsibility of the Alberta
Surface Rights Board. The Alberta Surface Rights Board may be reached at
780-427-2444.
Additional Information
For additional information on the ERCB or its processes or if you have general
questions about oil and gas in the province of Alberta, contact the ERCB's
Customer Contact Centre: Monday to Friday (8:00 a.m. - 4:30 p.m.) at 1-855-
297-8311 (toll free) or 403-297-8311.
This EnerFAQs is one in a series.
No. 1:
What Is the Energy Resources Conservation Board?
No. 2:
Having Your Say at an ERCB Hearing
No. 3:
Inspections and Enforcement of Energy Developments in Alberta
No. 4:
All About Critical Sour Wells
No. 5:
Explaining ERCB Setbacks
No. 6:
Flaring and Incineration
No. 7:
Proposed Oil and Gas Development: A Landowner's Guide
EnerFAQs No. 5
Explaining ERCB Setbacks
September 2011 - 5
No. 8:
Coalbed Methane
No. 9:
The ERCB and You: Agreements, Commitments, and Conditions
No. 10: Public Health and Safety: Roles and Responsibilities of Agencies
That Regulate Upstream Oil and Gas
No. 11: All About Appropriate Dispute Resolution (ADR)
No. 12: Oil Sands
No. 13: Emergency Response Preparedness in the Energy Industry
No. 14: Horizontal Multistage Hydraulic Fracturing
No. 15: Objecting to an Energy Resource Project
Every year the ERCB collects, compiles, and publishes a large amount of
technical data and information about Alberta's energy development and
resources for use by both industry and the general public. This includes raw
data, statistics, information on regulations, policies, and decisions, and hearing
materials.
Publications may either be viewed at the ERCB library or obtained from
Information Services. Both are housed on the main floor of the ERCB head
office in Calgary. Publications may also be downloaded free of charge from the
ERCB Web site www.ercb.ca.
To obtain a print or CD copy of a specific publication, contact ERCB
Information Services by phone (403-297-8190), fax (403-297-7040), or e-mail
[email protected] .
ERCB Offices
Head Office
Suite 1000, 250 - 5 Street SW
Calgary, Alberta T2P 0R4
1-855-297-8311 (toll free)
403-297-8311
Customer Contact Centre
[email protected]
1-855-297-8311 (toll free)
403-297-8311
Fort McMurray Regional Office
2nd Floor, Provincial Building
9915 Franklin Avenue
Fort McMurray, Alberta T9H 2K4
780-743-7214
Edmonton (Alberta Geological Survey)
780-422-1927
EnerFAQs No. 5
Explaining ERCB Setbacks
6 - September 2011
Field Centres
Bonnyville
Drayton Valley
Grande Prairie
High Level
Medicine Hat
Midnapore
Red Deer
St. Albert
W
ainwright
780-826-5352
780-542-5182
780-538-5138
780-926-5399
403-527-3385
403-297-8303
403-340-5454
780-460-3800
780-842-7570