Bylaw 475-19 Rosemary Newell IDP

Rosemary, Alberta

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October 28, 2019 INTERMUNICIPAL DEVELOPMENT PLAN (IDP) COUNTY OF NEWELL & VILLAGE OF ROSEMARY COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 1965-19 VILLAGE OF ROSEMARY IN THE PROVINCE OF ALBERTA BYLAW NO. 475-19 Page | i County of Newell & Village of Rosemary IDP Table of Contents 1.0 INTRODUCTION 1 1.1 Title 2 1.2 Purpose 2 1.3 Interpretation of the Plan 2 1.4 Legislative Requirements 3 1.5 Context 4 1.6 Plan Area 7 1.7 Population and Land Projections 9 1.8 Existing Conditions and Development Constraints 10 2.0 LAND USE POLICIES 12 2.1 Goals 13 2.2 General 13 2.3 Residential 14 2.4 Commercial & Industrial 14 2.5 Agriculture 15 3.0 TRANSPORTATION & INFRASTRUCTURE 16 3.1 Setting 17 4.0 SOCIAL & ECONOMIC DEVELOPMENT 18 5.0 ENVIRONMENT 20 6.0 PLAN IMPLEMENTATION 22 6.1 Implementation 23 6.2 Plan Administration, Appeal & Amendment 27 6.3 Intermunicipal Dispute Resolution 27 Page | ii County of Newell & Village of Rosemary IDP Appendices Appendix A - Glossary List of Figures Figure 1: Location Map ........................................................................................................................................................... 5 Figure 2: Village of Rosemary / County of Newell Intermunicipal Development Plan ½ Mile Boundary ............................... 6 Figure 3: Village of Rosemary / County of Newell Future Annexation Boundary ................................................................... 8 Figure 4: Village of Rosemary Historical Population Growth (1991-2016) Government of Canada Federal Census ............. 9 Figure 5: Village of Rosemary Population Projections ............................................................................................................ 9 Figure 6: Development Constraints in the IDP Area ............................................................................................................. 11 Figure 7: County of Newell and Village of Rosemary Referral Process ................................................................................. 26 Figure 8: County of Newell and Village of Rosemary Dispute Resolution Process ............................................................... 28 Page | 1 County of Newell & Village of Rosemary IDP 1.0 Introduction Page | 2 County of Newell & Village of Rosemary IDP 1.1 Title The title of this bylaw shall be the County of Newell (the County) and the Village of Rosemary (the Village) Intermunicipal Development Plan. 1.2 Purpose The purpose of this Intermunicipal Development Plan (IDP) is to create a plan to allow the County and the Village to establish a collaborative framework that guides future planning and development, manages growth, facilitates environmental initiatives, and supports collaboration around municipal infrastructure and vital community services. A comprehensive IDP built on a solid partnership of trust and respect can strengthen the local economy and will continue to support the region's vibrancy through collaborative governance. The IDP will provide a long-term mutually supported framework for future development in the area. This is a reciprocal plan. Both municipalities have the responsibility for referring applications as outlined in this plan and both municipalities have the responsibility to provide comments within the identified time frames. 1.3 Interpretation of the Plan The structure of the IDP is such that each section follows a topic required to be addressed in an IDP by the Municipal Government Act (MGA). Each topic within this IDP has aspirational goals and a corresponding set of policy direction. This structure works best when the document is interpreted in a holistic manner where each of the policies is viewed in the context of one another rather than separately. Generally, the goals of the IDP are more likely to be achieved by addressing the complete set of policy directions. For the purpose of this IDP, names shall be referred to as follows: - All reference in this document to the County of Newell may be referred to as Newell or the County. - All reference in this document to the Village of Rosemary may be referred to as Rosemary or the Village. - All reference in this document to the Intermunicipal Development Plan may be referred to as the IDP. While the policies contained within this document relate to the defined IDP boundary they do not preclude the municipalities from expanding the applicable policies beyond the boundary or collaborating with other municipalities based on the mutual agreement of the two municipalities of this IDP. This IDP contains the operative words 'shall', 'should', 'may' and "must". The interpretation of these words is outlined below: Shall - indicates that actions are mandatory. Should - indicates the direction to strive to achieve the outlined action but is not mandatory. May - is discretionary, meaning the policy in question can be enforced if the municipalities choose to do so. This is typically dependent on context and individual circumstances. Must - indicates that actions are mandatory. Page | 3 County of Newell & Village of Rosemary IDP 1.4 Legislative Requirements Municipal Government Act This IDP has been prepared under the legislative authority prescribed in Section 631 of the Municipal Government Act (MGA). The MGA states that: "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". Section 631(2) of the MGA states that an IDP: (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, 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 MGA identifies the hierarchy and relationship of statutory plans so that each plan will be consistent with the plans above it and, in the event of an inconsistency, which provisions in what plan will prevail. Both the County and the Village have adopted Municipal Development Plans (MDPs) to guide future growth and development within their respective municipality. Once the IDP has been adopted, the County and the Village will need to review their existing MDPs to determine if they are consistent with the newly adopted IDP. The IDP can only be repealed if it is being replaced by a new IDP or the Minister of Municipal Affairs has granted an exemption in accordance with the MGA. The Act also states that "in creating an intermunicipal development plan, the municipalities must negotiate in good faith." South Saskatchewan Regions (SSRP) This plan complies with the South Saskatchewan Regional Plan (SSRP) which provides policy direction for municipalities to regulate environmental, economic and social outcomes within the South Saskatchewan Region until 2024. The following Objectives and Strategies found in the South Saskatchewan Regional Plan encourage an environment of cooperation and policy integration between neighbouring municipalities. Objectives - Cooperation and coordination are fostered among all land use planners and decision-makers involved in preparing and implementing land use 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. Page | 4 County of Newell & Village of Rosemary IDP Strategies 8.1 Work together to achieve the shared environmental, economic and social outcomes in the SSRP, and minimize negative environmental cumulative effects. 8.2 Address common planning issues, especially where valued natural features and historic resources are of interest 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. The County of Newell and the Village of Rosemary Intermunicipal Development Plan meets these eight strategies. 1.5 Context The County and the Village are located in the South Saskatchewan Region in the Province of Alberta (Figure 1). The County surrounds the Village, linking the two municipalities through common geography and also economically. Agriculture and resource extraction are large industry sectors for both municipalities. The Village is a service area to the surrounding agricultural community, providing education and recreation facilities. This connectivity makes the activities of each municipality inextricably linked and directly affecting one another. The IDP area (Figure 3) identifies an area around the village to be included in the IDP, but it also illustrates an area that is identified for future annexation area. The Village has assessed the growth directions and has determined that the north and west are the most appropriate locations for growth. This will eventually place the Village sewage lagoon within the municipal boundary and by growing north and east, the Village will avoid interference with environmentally sensitive areas and lands owned by the Eastern Irrigation District. The growth strategy avoids the intensive agricultural operation southeast of the Village. The IDP is divided into both a short-term annexation area and a longer term referral area which is considered to provide urban lands for beyond the 40-year time frame. Page | 5 County of Newell & Village of Rosemary IDP Figure 1: Location Map Page | 6 County of Newell & Village of Rosemary IDP Figure 2: Village of Rosemary / County of Newell Intermunicipal Development Plan ½ Mile Boundary Page | 7 County of Newell & Village of Rosemary IDP 1.6 Plan Area Both municipalities agree that the area affected by this plan includes all lands required to ensure the cooperative and collaborative coordination of land uses on the external fringe of the Village, and those developing lands within the Village boundary that may impact adjacent County lands. The IDP boundary reflected on Figure 2 illustrates an area one section, or 1/2 mile, beyond Rosemary's boundary. Both municipalities have reviewed their growth rates and feel that this reflects the area of impact for the Village as well as ensuring growth options for the Village. Background research and analysis of growth trends and forecasts have indicated a slow growth within the IDP area. Based on land absorption for development and recognizing average rural lot sizes, the plan area allows for future annexation by the Village while accommodating rural development in the meantime, shown in . From the perspective of both municipalities, maintaining the integrity of the IDP area is critical to the preservation of their long-term interests. This plan is based on a shared vision of a future growth framework and reflects a mutual agreement on areas of growth for each municipality. It also lays out a referral mechanism to ensure dialogue between the two municipalities regarding development in the IDP area. It is recognized that existing uses, properly designated and subdivided, will continue to operate unimpeded. However, the expansion or intensification of existing uses shall be required to meet the policies of the IDP. Page | 8 County of Newell & Village of Rosemary IDP Figure 3: Village of Rosemary / County of Newell Future Annexation Boundary Page | 9 County of Newell & Village of Rosemary IDP 1.7 Population and Land Projections The Village has a population of 396 people and has experienced slow growth in population from 1991 based on the Federal Census. A municipal Census was conducted in 2011 that recorded 342 residents; the following year (2012) the Village conducted a municipal survey that identified 421 residents. The population recorded by the Federal Census in 2016 was 396. A small community fluctuates significantly with the in and out migration of only a few families. However, this does demonstrate that there is significant potential in the Village for growth. With a land area of 56 hectares, the Village supports the surrounding agricultural area, provides the K-12 school and recreational facilities, and has a compact commercial area providing several local services. Figure 4 illustrates the historical population growth. Figure 5 illustrates the Village 40-year population projections. The Village has been actively zoning, subdividing and selling lots to support growth, school enrollment and the local businesses. At the time this plan was prepared there were approximately 40 vacant lots in town. These lots included mobile home pads, single detached lots and large single detached lots. The community currently has a six unit seniors' independent living development. This could demonstrate a future demand for more rural residents to retire into the Village. Figure 4: Village of Rosemary Historical Population Growth (1991-2016) Government of Canada Federal Census As per the general policy of the MGA, the Village population has been projected for 40 years, to the year 2059. Using the medium growth rate of 1%, for the purpose of long range planning, the population of the Village will increase to 600. Based on the occupancy rate of 2.7 people per household, the Village will require a total of 222 housing units. Based on the 2016 Federal Census, there are currently 145 housing units in the Village, therefore requiring an additional 74 units. Based on the average of two new housing units per year, this will take 37 years to achieve. Figure 5: Village of Rosemary Population Projections 375 425 475 525 575 625 1991 2001 2011 2017 2019 2021 2023 2025 2027 2029 2031 2033 2035 2037 2039 2041 2043 2045 2047 2049 2051 2053 2055 2057 2059 Projected Population Growth Population Projection Medium (1% CAGR)** Page | 10 County of Newell & Village of Rosemary IDP 1.8 Existing Conditions and Development Constraints The lands within the IDP area are primarily irrigated agricultural lands. Generally neither municipality is in support of expansion of existing Confined Feeding Operations (CFO) in the IDP boundary. However, if an application for expansion of an existing CFO demonstrates how the expansion includes improved technology that could reduce the impacts to the adjacent lands, in the spirit of supporting agriculture, the municipalities may support the expansion. Future growth and development shall take Figure 6 into consideration, when approving redistricting applications, in order to ensure land use compatibility and to avoid odour nuisances. Page | 11 County of Newell & Village of Rosemary IDP Figure 6: Development Constraints in the IDP Area Page | 12 County of Newell & Village of Rosemary IDP 2.0 Land Use Policies Page | 13 County of Newell & Village of Rosemary IDP 2.1 Goals The following goals have been developed for the implementation of the IDP and the consideration of future and use and development: - To encourage sustainable development in the IDP area. - To support economic development initiatives in the IDP area. - To comply with the Village MDP. - To provide for growth and expansion area for the 40+ year time frame for the Village. - To allow the County to develop and support the rural community in the lands surrounding the Village. - To ensure collaborative and cooperative development policies and actions by both municipalities. Both the County and the Village have MDPs that reflect the desired development and land uses for the areas within the IDP area. 2.2 General These policies address the overall considerations of the IDP with respect to future growth and development. Policies 2.2.1 For the purpose of managing land uses and encouraging an intermunicipal approach to growth, lands within the IDP boundary are divided into two referral areas: i. Urban Referral - being the lands identified within the Village boundary that may have an impact on the adjacent municipality shall be referred to the County for review and consideration and comment. This includes urban residential and urban non-residential uses. The Urban Referral Area includes any development on a parcel of land that is adjacent to the rural boundary. ii. Rural Referral - being the lands identified in the County that may have an impact on the adjacent municipality and shall be referred to the Village for review and consideration and comment. It is expected that the predominant future land use will remain in agricultural production as identified on. 2.2.2 The municipalities shall work together to ensure that the development in the IDP area meets the goals for collaboration, economic development and sustainable development. 2.2.3 The municipalities shall work together to determine when the annexation of land is appropriate based on the growth and land supply of the Village. 2.2.4 The Village should maintain a minimum of a forty (40) year land supply and growth forecast for its own long-range planning needs, and share this information with the County. 2.2.5 Growth in the residential, commercial and industrial sector should be directed to locations that make use of existing servicing infrastructure, where adjacent land uses are compatible. 2.2.6 All development will consider the development constraints identified on Figure 6, and any other development constraints identified during the planning and development permit process. 2.2.7 Existing land uses with valid development permits that exist as of the date of approval of this plan may continue to operate in accordance with the provision of the Land Use Bylaw (LUB) and the MGA. 2.2.8 Future Area Structure Plans (ASPs) will be prepared in accordance with the individual municipal standards, and shall be referred to the adjacent municipality for comment. Page | 14 County of Newell & Village of Rosemary IDP 2.2.9 Applications that require the development of an ASP shall require the applicant to submit: i. Conceptual servicing strategy (water, sanitary sewer and stormwater); ii. Proposed alignment of internal roads and, where applicable, access management with Alberta Transportation and the adjacent municipality; and iii. The location or method of Municipal Reserve dedication. 2.3 Residential The Village will continue to plan for a variety of housing needs and income levels at a variety of densities. All residential development in the Village will be fully serviced by municipal piped water, sanitary sewer and stormwater management. Residential development in the County in this area generally takes the form of farm or first parcel out homes on agricultural lands, with some grouped residential uses such as acreage and estate development which may require communal water and sewer services to an urban standard (piped municipal water and sewer). Policies 2.3.1 In accordance with the Provincial Land Use Policy and good planning principles, both municipalities shall limit the fragmentation of good quality agricultural lands, as defined in the applicable LUB until it is required for urban- style, grouped or clustered development. 2.3.2 All future land use, subdivision and development in the IDP area shall comply with the policies of this plan. Both MDPs shall be consulted for additional policies that would apply to development in the IDP area. 2.3.3 Should the County consider residential development in the rural area beyond first parcel out or farmstead separation, clustered multi-lot residential development on smaller lots with piped communal services is the preferred pattern of residential development. 2.3.4 ASPs for rural residential proposals in the IDP area shall include an urban overlay to demonstrate how building footprints and design may allow for redevelopment in the future and consideration of future annexation. 2.3.5 All subdivisions shall comply with the requirements outlined in the respective municipal LUB. 2.4 Commercial & Industrial Commercial and industrial development helps to reduce the burden on the residential tax base, and is responsible for providing employment, thereby creating a sustainable and resilient community. Thus, it is important to successfully plan for a vibrant and robust commercial sector. It is acknowledged that commercial and industrial development, regardless of which municipality it occurs within, is a benefit to the region and the residents and ratepayers of both municipalities. A strong commercial/industrial sector increases the diversity and resiliency of a community. Policies 2.4.1 All applications for commercial and industrial development in the IDP area shall comply with all policies of this IDP. 2.4.2 All applications requiring an ASP shall contain the information as prescribed in the MGA and in the policies of both the County and the Village. In addition, the approving municipality shall ensure that road connectivity is provided where possible, and detailed plans regarding proposed/future water and sewer servicing are submitted which shall meet the requirements of this plan. Where applicable, the detailed plans for proposed/future water and sewer servicing should follow the current City of Brooks engineering standards until such time the Village creates their own. Page | 15 County of Newell & Village of Rosemary IDP 2.4.3 Should either municipality experience a significant development within the IDP area that will contribute significantly to the tax base but impacts the adjacent municipality (use of Village services, use of County roads or other such impacts), the two municipalities may establish an agreement for potential sharing of the benefits and revenue. 2.4.4 Highway 550 and Railway Avenue are considered significant entrance points to the Village. The Village and County shall work together to ensure that development fronting onto Highway 550 in the IDP area is designed to create a positive impression of the Village and consider the landscaping, signage, setbacks, screening, architectural guidelines and other features. Development at the points where Railway Avenue enters the IDP area shall be designed to invite the travellers into the Village by using positive landscaping, signage, setbacks, screening, architectural guidelines and other features as determined by the Village. 2.4.5 Within the IDP area, no approvals shall be given to new noxious industries. 2.5 Agriculture The agricultural sector is an important component to both the County and the Village. To balance the viability of the agricultural sector with other uses (i.e., industrial, commercial, residential) it is important to protect productive agricultural lands while making sure that agricultural uses within the IDP area are appropriate. Policies 2.5.1 Both municipalities shall encourage and enable the continued development of rural agriculture industry without adversely impacting the residents of the County and the Village. 2.5.2 Both municipalities shall recognize and acknowledge the main use of land within the IDP is extensive agriculture (cultivation and grazing). These activities and other agricultural activities are protected under the Agricultural Operation Practices Act. 2.5.3 Any application for a change of use from agriculture in the IDP area shall be referred to the Village. 2.5.4 No new provincially regulated CFOs will be permitted within the IDP area. Page | 16 County of Newell & Village of Rosemary IDP 3.0 Transportation & Infrastructure Page | 17 County of Newell & Village of Rosemary IDP 3.1 Setting The IDP area contains components of provincial and local transportation systems for each municipality. The IDP area includes Highway 550 and several local roads. This transportation network crosses municipal boundaries, and while it provides significant benefits for the movement of goods and people, it can also create physical barriers (pedestrians crossing major roads without sidewalks for example) and potential conflict for development (traffic or Alberta Transportation requirements). Communication, coordination and long-range planning for the transportation network are essential to support efficiency and functionality of the system and maximize its benefit to the community. Coordinating municipal infrastructure network expansion and aligning servicing standards are effective methods to meet the demand for existing and future residents and businesses, and to provide consistent service delivery to people within the IDP area. Managing stormwater is a critical element for all future development. Reducing runoff and controlling large event runoff is critical in protecting municipal infrastructure, housing and businesses from flooding. The goals for Transportation & Infrastructure are: 1. To allow for the coordination of infrastructure for the benefit of the IDP area. 2. To protect the entrance way to the Village. 3. To facilitate communication between the County and the Village respecting utility infrastructure matters that affect lands in the IDP area or matters of intermunicipal interest. Policies 3.1.1 The County and the Village may jointly review their municipal design standards and maintenance programs for roadways, particularly as they affect the IDP area so that transportation connections are compatible across municipal boundaries. 3.1.2 All future subdivisions in the IDP area may include the dedication of road widening, particularly on collector and arterial roads. 3.1.3 Where a road that connects or links between the two municipalities is planned for construction or major repair within the IDP area, the municipality undertaking the work shall advise the other municipality in order to provide them the opportunity to coordinate projects, obtain economies of scale and reduce municipal costs of construction. 3.1.4 ASPs for development along highway corridors shall include provisions for lighting, landscaping, signage, screening and fencing. 3.1.5 If required by Alberta Transportation, or either municipality, a developer shall complete traffic studies for large projects as part of the preparation of an ASP or Outline Plan of subdivision. 3.1.6 Both municipalities should jointly identify and explore opportunities to collaborate in the planning of infrastructure and/or services in order to provide cost efficiency for the extension of utilities (including water, wastewater, sanitary, etc.). 3.1.7 The County and the Village should consider developing a joint Stormwater Management Plan (SWMP) in accordance with Alberta Environment and Parks requirements, to assist in protecting infrastructure, housing and businesses from flooding; to manage stormwater runoff between the County and the Village; and direct new development and the infrastructure requirements for all new development. Page | 18 County of Newell & Village of Rosemary IDP 4.0 Social & Economic Development Page | 19 County of Newell & Village of Rosemary IDP The MGA outlines that an IDP must consider the coordination of intermunicipal programs relating to the physical, social and economic development of the area. The County and the Village have several joint use agreements that demonstrate the current level of collaboration on the provision of physical and social, specifically recreational and educational benefits. The County and the Village recognize the importance of economic development, namely its role in providing employment opportunities, a variety of services, economic diversity and tax revenues. A coordinated economic development strategy can maximize the effectiveness of municipal resources and to provide confidence to businesses seeking to locate or expand in the area. The County and the Village also recognize that intermunicipal cooperation will give each municipality the opportunity for shared investment and the shared benefits of economic development. The goal for Social & Economic Development is: 1. To recognize the individual municipal needs for the appropriate social and economic development for the benefit of their ratepayers. Policies 4.1.1 Both municipalities shall coordinate, where mutually agreed, and as outlined in the Intermunicipal Collaboration Framework (ICF), intermunicipal planning and provision of community services including but not limited to recreation, family and community support, water, wastewater, solid waste & recycling services, bylaw enforcement, and transportation services. 4.1.2 The County and the Village should collaborate and coordinate economic development activities to promote growth in the region and include consideration of economic incubation, growing existing businesses and attracting new businesses. 4.1.3 Both municipalities should explore opportunities to support and develop secondary products and processing of agricultural products to diversify the agricultural sector. Page | 20 County of Newell & Village of Rosemary IDP 5.0 Environment Page | 21 County of Newell & Village of Rosemary IDP The MGA directs IDPs to address environmental matters within the area, either generally or specifically. Environmental matters include natural features; wetlands; lakes, rivers and creeks; steep and unstable slopes; habitat areas; areas of native grasslands; parks and open spaces; and recreation opportunities. Many of these features provide an opportunity for tourism as well as providing significant benefit to the residents of the area. The County and the Village have policies in their MDPs that address protecting environmental features from inappropriate development, and policies to guide the protection of recreational, historical and cultural features. Both municipalities state they will cooperate with other agencies involved in the management and protection of habitat areas and protection of the water quality. This provides strong direction for the policies in the IDP. Both municipalities agree that parks, open spaces and recreation opportunities are vital to the wellbeing and social capital of the community. The facilities provide an incentive for persons outside of the region to visit and will be protected and maintained. The goal of the IDP related to the environment is: 1. To identify and protect significant environmental features for the benefit of the residents of the municipalities. Policies 5.1.1 Both municipalities shall preserve and enhance an integrated system of open green space and provide a variety of natural amenities which improve quality of life through opportunities for passive and active recreation in addition to creating and supporting indoor recreation activities. 5.1.2 The County and the Village should collaborate on the identification of lands within the IDP area that are appropriate for future parks/open spaces that could be identified for Municipal or Environmental Reserve dedication and ultimately interconnected. 5.1.3 Any application for development in the IDP area that will require the developer to prepare an ASP, Conceptual Scheme or subdivision outline plan, shall identify environmentally significant areas, including wetlands, and demonstrate how these features will be protected, or impacts on these features mitigated. 5.1.4 Both municipalities recognize the importance of wetland and historical/archaeological protection. Developers will be required to complete any provincially required assessments and studies, and demonstrate to the municipalities how the protection of these assets will provide benefit to the future residents. Page | 22 County of Newell & Village of Rosemary IDP 6.0 Plan Implementation Page | 23 County of Newell & Village of Rosemary IDP Through the policies of this IDP, the Village of Rosemary and County of Newell have established an approval process and agree to work collaboratively on projects and long-range planning activities. The MGA establishes the requirements for dispute resolution and while the Municipal Government Board (MGB) is the ultimate appeal body for intermunicipal disputes, the Province strongly encourages consensus, collaboration, dialogue, negotiation and mediation before an intermunicipal appeal is lodged. It is recognized that IDPs achieve several outcomes including the opportunity for joint planning as well as consideration of the future urban needs of the urban municipality and future potential annexation areas. This section of the IDP addresses implementation, how the referrals will occur and the process for dispute resolution. The goals for implementation of the IDP and dispute resolution are: 1. To address the requirements of the MGA with respect to intermunicipal conflict resolution procedures, plan administration, and plan amendment or repeal procedures. 2. To provide for a continuous and transparent planning process that facilitates ongoing consultation and cooperation among the two municipalities and affected ratepayers. 6.1 Implementation The purpose of this section of the plan is to establish a clear and consistent referral process whereby each municipality is able to provide comments on proposed changes to statutory and non-statutory plans as well as proposed subdivisions and certain development applications within the IDP area. Both municipalities have adopted MDPs and LUBs. Should there be aspects of these plans that do not conform to the IDP, amendments to the municipal documents should be considered at the same time as the IDP is adopted. Referrals will go from the CAO to CAO. Should there be any dispute, the item will be referred to the Intermunicipal Development Plan Committee (the Committee). Should the dispute require, a joint Council meeting will be called (see Figure 8). The County and the Village recognize the importance of cooperation with one another in the spirit of gaining mutual benefit and avoiding incompatible forms of development within their municipal boundaries. Communication between the two municipalities is the most effective means of avoiding or minimizing intermunicipal conflict. It is not the intent of this IDP to require referral of small or less impactful developments, or developments that have been previously approved. The intent is to allow the adjacent municipality to review developments that, if approved by the municipality with jurisdiction, may have an impact on the adjacent municipality and their ratepayers. In the case of all referrals, a timely response is expected. The referral process can be found in Figure 7. The referral areas for the IDP includes lands both within the Village of Rosemary boundary and within County of Newell jurisdiction, as illustrated in . Policies 6.1.1 All referrals shall be sent to the CAO of the receiving municipality, and/or their designate. 6.1.2 Within both the IDP area, including along the Village boundary, the two municipalities shall refer to the following: i. Any newly proposed MDPs, ASPs, Area Redevelopment Plans (statutory plans), and any amendments thereto. ii. Outline Plans and Conceptual Schemes. iii. LUB amendments. 6.1.3 Development permit applications to be referred include: Page | 24 County of Newell & Village of Rosemary IDP i. All discretionary use applications and appeals to those applications. ii. Development accessing onto a road within the jurisdiction of the adjacent municipality road. iii. Any development on a parcel of land in the Village that is adjacent to the rural boundary. 6.1.4 Applications for the disposition of environmental, conservation, municipal and/or school reserves, environmental easements, public utility lots and/or road allowances shall be referred to the adjacent municipality. 6.1.5 All referrals shall be made and considered prior to a decision being made. 6.1.6 Each municipality shall have up to ten (10) working days from receipt of a Development Permit referral to review and provide comment. 6.1.7 Each municipality shall have up to twenty (20) working days from receipt of a referral for a statutory plan, concept plan or LUB amendment to review and provide comment. 6.1.8 Each municipality shall have up to fifteen (15) working days from receipt of a subdivision application, to review and provide comments. 6.1.9 Each municipality shall have up to twenty (20) working days from receipt of a referral for the disposition of municipal land, to review and provide comment. 6.1.10 The municipalities shall work together to expedite the referral process. Should notification be required to the residents/property owners, the municipality considering the development shall share information about the application to the adjacent municipality and the adjacent municipality shall provide address and property owner information to facilitate circulation to the adjacent municipality's affected landowners. 6.1.11 The IDP Committee shall be established and shall be a working committee consisting of two (2) members from each Council. At least one member of the County's and Village's administrative staff should attend all meetings of the Committee. The main functions of the Committee shall be: i. To address concerns regarding the policies of the Plan; ii. To address proposed amendments to the Plan; iii. To address changes to land use districts or other land use amendments affecting lands in the plan area; iv. To address issues in relation to the implementation of plan policies, comments related to subdivision and/or development proposals; v. To engage in resolving any conflicts or disputes which arise from the Plan - both municipalities will share costs associated with using outside assistance to resolve a dispute; and vi. Any other land use issues deemed appropriate not explicitly identified in the Plan. 6.1.12 Quorum for Committee meetings shall consist of one (1) voting member from each Council as a minimum. 6.1.13 Each municipality may appoint an alternate Committee member in the event a regular member cannot attend a scheduled meeting 6.1.14 The receiving municipality may ask for an extension of the referral time frames for specific applications, and in the spirit of collaboration, the sending municipality will endeavour to comply with the request. 6.1.15 Should a municipality have concerns regarding a specific referral, they may request a meeting of the IDP Committee and request that the sending municipality defer their decision on the application until after the Committee meeting has been held. 6.1.16 Should the Committee not be able to resolve the concerns regarding the referral, the receiving municipality may request a joint Council Committee meeting. Page | 25 County of Newell & Village of Rosemary IDP 6.1.17 Circulation of an item to the Councillors may be via electronic mail. 6.1.18 Where a matter involving the two municipalities cannot be resolved to the satisfaction of the Committee, the Committee is authorized to initiate the dispute resolution process, outlined in this plan (). Page | 26 County of Newell & Village of Rosemary IDP Figure 7: County of Newell and Village of Rosemary Referral Process Page | 27 County of Newell & Village of Rosemary IDP 6.2 Plan Administration, Appeal & Amendment As the IDP is intended to be a long-range planning document, it will require regular monitoring and review in order to remain current and accurately reflect changing growth trends in the region. This requires the establishment of a clear process that allows member municipalities to amend the IDP when it is mutually beneficial to do so. Policies 6.2.1 A general review of the IDP should be completed every five (5) years to confirm that the document still reflects the vision, economy and development goals of the two municipalities. 6.2.2 Amendments to the IDP shall be subject to agreement by both municipalities and must be adopted by both Councils in accordance with the procedures established in the MGA. 6.2.3 An IDP shall only be repealed if it is being replaced by a new IDP or the Minister of Municipal Affairs has granted an exemption in accordance with the MGA. 6.3 Intermunicipal Dispute Resolution Under S.631(2)(b)(i) of the MGA municipalities are required to have their IDP include a procedure to resolve or attempt to resolve any conflict between the municipalities that have adopted an IDP. The intent of the dispute resolution process is to facilitate mediation and a resolution at the municipal level before an appeal is to be launched to the MGB. This process is based on the assumption that each municipality will have differences of opinion and a resolution mechanism may be necessary. It is important that throughout the various processes of dispute resolution, all parties engaged to resolve disputes are mindful of and respectful of the rights of the private interests involved. Both municipalities agree that it is important to avoid any dispute by ensuring that the plan is adhered to as adopted, including appropriate referral of any identified action that may affect a municipality or as identified in this plan, along with an expedited response to any referral. The proposed Dispute Resolution Process is illustrated in Figure 8. Policies 6.3.1 Should a dispute arise, the following process shall be followed: i. When a potential intermunicipal dispute arises regarding a technical or procedural matter, including a clerical error or any misinterpretation of this IDP or any other plans affecting lands in the IDP area, it shall be directed to the CAO of each municipality. ii. Senior Administration of both the County and the Village shall review the disputed item and through discussion, determine if a resolution can be found. iii. If the Senior Administration cannot resolve the issue, the dispute will be referred to the IDP Committee for consideration. iv. If the IDP Committee cannot come to an agreement on how to address or resolve the dispute, the item will be referred to a Joint Council meeting, where the County and Village Councillors will meet to discuss the disputed item, with the goal to resolve the item. v. Should mediation be necessary, and the municipalities cannot agree on the mediator, the Minister of Municipal Affairs shall choose the mediator. The cost of the mediator shall be shared equally between both municipalities. vi. Should mediation prove to be unsuccessful, upon third reading of the bylaw, the receiving municipality has thirty (30) days, under the MGA, to register an appeal under Section 690 of the MGA to appeal the adopted bylaw to the MGB. The decision of the MGB is final. Page | 28 County of Newell & Village of Rosemary IDP Figure 8: County of Newell and Village of Rosemary Dispute Resolution Process Appendix A - Glossary Area Redevelopment Plan - a plan adopted by a Council, in accordance with the requirements of Section 634 & 635 of the MGA, for the purpose of providing a framework for subsequent subdivision and development of an area of land in a municipality. Area Structure Plan - a plan adopted by a Council, in accordance with the requirements of Section 633 of the MGA, for the purpose of providing a framework for subsequent subdivision and development of an area of land in a municipality. Conceptual Scheme - see "Outline Plan". Environmentally Significant Areas (ESAs) - areas containing rare or unique characteristics, or areas that include elements that may require special management consideration due to their conservation needs. ESAs are more generally defined as areas that are important to the long-term maintenance of biological diversity, physical landscape features and/or other natural processes, both locally and within a larger spatial context. Land Use Bylaw - the bylaw that divides a municipality into land use districts and establishes procedures for processing and deciding on development applications. It contains rules that affect how each parcel of land in a municipality may be used and developed. Lot - means 'lot' as defined under Part 17 of the MGA. Municipal Development Plan - a plan adopted by a Council, in accordance with the requirements of Section 632 of the MGA. Municipal Infrastructure - infrastructure owned or operated by a municipality that provides service to the municipality's ratepayers. Examples include municipal sanitary systems, municipal water systems, municipal storm systems, municipal road systems. Municipality - refers to one of either the County of Newell or the Village of Rosemary. Outline Plan - a non-statutory land use plan adopted by resolution of Council that provides detailed land use, transportation and servicing concept for the future subdivision and development of land within the area encompassed by the plan boundaries. Plan - refers to the County of Newell / Village of Rosemary Intermunicipal Development Plan. Statutory Plan - a Joint Plan, an IDP, MDP, or ASP prepared and adopted in accordance with the MGA. Social Capital - the networks of relationships among people who live and work in a particular society, enabling that society to function effectively. Utilities - refer to natural gas, sanitary, storm and water services, telephone/cable/internet and electric. Urban Overlay - a plan that illustrates, conceptually, how a rural subdivided area could, in future, subdivide into smaller parcels that reflect an urban density and lot pattern, and how the servicing would be provided to this more dense future development. Wetlands - an area of land that shows a presence of shallow water or flooded soils (or saturated) for part of the growing season, which has organisms adapted to this wet environment and has soil indicators of this flooding, such as hydric soils. Working Days - Monday to Friday, excluding general holidays as outlined in the government of Alberta's employment standards. *All other words or expressions shall have the meanings respectively assigned to them in the MGA, the Subdivision and Development Regulation, and the Alberta Land Use Framework.