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BYLAW NO.001-2023
OF THE TOWN OF SMOKY LAKE
IN THE PROVINCE OF ALBERTA
A BYLAW OF THE TOWN OF SMOKY LAKE IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF
ADOPTING AN INTERMUNICIPAL DEVELOPMENT PLAN FOR THE TOWN OF SMOKY LAKE & SMOKY
LAKE COUNTY.
WHEREAS an Intermunicipal Development Plan has been prepared for the Town of Smoky Lake and Smoky
Lake County based on public input and studies of land use, development, and other relevant data; and
WHEREAS the foresaid Intermunicipal Development Plan describes the way in which the future development
within the Plan area may be carried out in an orderly and economic manner;
NOW THEREFORE the Council of the Town of Smoky Lake, duly assembled, and pursuant to the authority
conferred upon it by the Municipal Government Act R.S.A. 2000, c. M-26 as amended, enacts as follows:
1.
This Bylaw shall take effect upon Third Reading by both Councils.
2.
The Town of Smoky Lake & Smoky Lake County Intermunicipal Development Plan is
attached hereto as "Schedule A" to this Bylaw is hereby adopted.
3.
This Bylaw may be cited as " Town of Smoky Lake & Smoky Lake County Intermunicipal
Development Plan".
4.
If any portion of this Bylaw is found to be invalid, the remaining portions remain in effect.
5.
This Bylaw may be amended by Bylaw in accordance with the Municipal Government Act R.S.A.
2000, c. M-26, as amended.
6.
Bylaw No.003-16 and any previous bylaws are hereby rescinded.
READ a FIRST time this 27th Day of February 2023.
READ a SECOND time this 27th Day of March, 2023.
READ a THIRD and FINAL time this 27th Day of March, 2023.
Original Signed
Amy Cherniwchan
Mayor
Original Signed
Dawn Phillips
Chief Administrative Officer
Town of Smoky Lake + Smoky Lake County
Intermunicipal Development Plan (IDP) Bylaw No.001-2023
Table of Contents
1
Interpretation ............................................................................................................................................ 1
1.1
Definitions .............................................................................................................................. 1
2
Introduction............................................................................................................................................... 4
2.1
Purpose .................................................................................................................................. 4
2.2
Approach ................................................................................................................................ 4
2.3
Goals ....................................................................................................................................... 4
2.4
Enactment .............................................................................................................................. 5
2.5
Duration ................................................................................................................................. 6
2.6
Enabling Legislation ................................................................................................................ 6
2.7
Subject Area Boundary ........................................................................................................... 7
2.8
Subject Area Profile ................................................................................................................ 7
3
Intermunicipal Growth ........................................................................................................................... 11
3.1
General Land Use Policies .................................................................................................... 11
3.2
Agricultural Land Use .......................................................................................................... 12
3.3
Residential Land Use ............................................................................................................ 13
3.4
Commercial Land Use........................................................................................................... 15
3.5
Industrial Land Use ............................................................................................................... 16
3.6
Community Land Use Area ................................................................................................... 18
3.7
Municipal Services and Road Policies .................................................................................. 19
3.8
Social Services ...................................................................................................................... 20
3.9
Emergency Services .............................................................................................................. 20
3.10
Development Concept Plans & Area Structure Plans .......................................................... 20
4
Plan Implementation ............................................................................................................................. 24
4.1
Implementation Policies ...................................................................................................... 24
4.2
Plan Amendments ................................................................................................................ 24
4.3
Annexation ........................................................................................................................... 24
4.4
Cost/Revenue Sharing Schemes ........................................................................................... 25
4.5
Framework ........................................................................................................................... 25
4.6
Establishment of the Intermunicipal Planning Committee .................................................. 25
4.7
Intermunicipal Planning Committee .................................................................................... 26
4.8
Dispute Resolution/Mediation Procedures ......................................................................... 27
4.9
Administrative Review ......................................................................................................... 28
4.10
Municipal Councils ............................................................................................................... 29
4.11
Mediation ............................................................................................................................. 30
4.12
Non-Binding Arbitration ....................................................................................................... 31
4.13
Appeal Process - Intermunicipal Dispute or Subdivision and Development Appeal Board 31
4.14
Court Option ........................................................................................................................ 32
4.15
Intermunicipal Development Plan Termination (N/A)..............................................................
5
Maps ......................................................................................................................................................... 33
5.1
Future Land Use Concept ..................................................................................................... 34
5.2
Major Intersections .............................................................................................................. 35
6
Appendix A - Information Maps .......................................................................................................... 36
6.1
CLI Agriculture ...................................................................................................................... 37
6.2
Local Features ...................................................................................................................... 38
1
Interpretation
1.1
Definitions
1. Area Structure Plan is a statutory plan that establishes the general planning
framework for future subdivision and development of an area of undeveloped
land.
2. Building includes anything, whether temporary or permanent, constructed or
placed on, in, over, or under land but does not include a highway or road or a
bridge forming part of a highway or road;
3. Confined Feeding Operation means fenced or enclosed land or buildings where
livestock are confined for the purpose of growing, sustaining, finishing or
breeding by means other than grazing and any other building or structure
directly related to that purpose but does not include residences, livestock
seasonal feeding and bedding sites, equestrian stables, auction markets, race
tracks or exhibition grounds. Confined Feeding Operations are regulated under
the Agricultural Operation Practices Act (AOPA) in Alberta.
4. Country Residential means any development located in a rural area which is
situated on a lot used solely for private residential purposes and accessory uses
and is not connected to municipal sewer and water services. The dwelling unit
may be occupied permanently or seasonally;
5. Development means:
a. an excavation or stockpile and the creation of either of them, or
b. a building or an addition to or replacement or repair of a building and the
construction or placing of any of them in, on, over or under land, or
c.
a change of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the use of the
land or building, or
d. a change in the intensity of use of land or a building or an act done in
relation to land or a building that results in or is likely to result in a change
in the intensity of use of the land or building;
6. Development Authority means the Development Authority established by the
Town of Smoky Lake and the Smoky Lake County Development Authority
Bylaws;
7. Environmental Reserve means land considered undevelopable because of its
natural features or location (e.g., unstable slopes, shoreline areas, etc.) that is
dedicated to the municipality at the time of subdivision by the landowner, as
provided for in the Municipal Government Act;
8. Environmental Reserve Easement is an easement that is registered on the title
of a parcel of land in favour of the municipality for the purpose of the
protection and enhancement of the environment;
9. Extensive Agriculture means the use of land or buildings, including the first
dwelling or manufactured home, an agricultural operation which require large
tracts of land (usually in the order of 80 ac. (32.4 ha.) or more). This use may
include the outdoor cultivation of industrial hemp, but does not include
intensive agriculture, cannabis production and distribution, or a confined
feeding operation which requires either a registration or an approval under
Part 2 of the Agricultural Operations Practices Act, R.S.A. 2000, c. A-7, as
amended or replaced;
10. Farmstead means the currently inhabited or formerly inhabited residence or
other improvements connected with a farm or an intensive agricultural use.
Farmstead also includes a currently vacant site, which is intended to be used
as a country residence;
11. Fragmented Parcel means a parcel of land or a part of a parcel of land that is
separated from the balance of the parcel of land by a natural barrier such as a
river or coulee, or by a physical barrier such as a road, railroad, or highway;
12. Intensive Agriculture means an agricultural operation which raises crops on a
land-intensive basis. Intensive agriculture includes, greenhouses, silviculture
and sod farms, but does not include confined feeding operations cannabis
production and distribution or industrial hemp production and distribution
facilities;
13. Multi-lot Country Residential Development means any subdivision, which will
create five (5) or more country residential or farmstead lots on a quarter
section.
14. Municipal Reserve is land (or cash-in-lieu of land, or both) dedicated by a
landowner to the municipality at the time of subdivision for the purpose of
providing parks, recreation facilities and school sites as provided for in the
Municipal Government Act;
15. Public Utility means a public utility, as defined in the Act. More specifically, a
public utility means:
a. a system, works, plant, equipment or service for the production,
transmission, delivery or furnishing of water, heat, light or power supplied
by means other than electricity, either directly or indirectly to or for the
public;
b. an oil pipeline the proprietor of which is declared by the Energy Resources
Conservation Commission to be a common carrier; and
c.
an electric utility; (Section 1(i) Public Utilities Act 2010 as Consolidated).
2
Introduction
2.1
Purpose
The purpose of this intermunicipal development plan is to identify and
communicate a plan for improving regional collaboration in the areas of
intermunicipal growth, land use, infrastructure, recreation, social, and emergency
services planning, and joint service provision.
These documents were structured so that to further their implementation they
could be approved by the respective Councils of the partner municipalities as
Intermunicipal Development Plans.
The adoption of this Intermunicipal Development Plan provides the Town and the
County with a joint future land use plan to help guide growth and development
within the Plan Area.
2.2
Approach
This plan utilizes a comprehensive approach to land-use planning. In practice, this
means that local information, specialized viewpoints and environmental
stewardship practices are used in the decision-making process for land use and
development.
This approach considers both the past and present human and physical
environments. Considering where the community has been, where it is presently
and where it wants to go enables both municipalities to set in place a plan for how
to reach their desired destination. This approach to planning assumes that the
plan's policies and subsequent decisions will be based on careful consideration of
environmental information, stakeholder interests and municipal goals and
objectives. This approach offers communities the opportunity to provide widely-
accepted and lasting solutions to development and land use management issues.
2.3
Goals
The goals of this plan are to assist the Town and County achieve the following short
and long term benefits:
Short Term Benefits
-
Provide all municipalities within the Town and County with a service delivery
tool or strategy to assist with determining the viability of regional municipal
service delivery;
-
Better facilitate inter-municipal and intra-regional cooperation relating to
economic and community development issues, opportunities, and
challenges.
-
- Increase overall community and economic development capacity building
essential for both short term and longer-term community viability,
sustainability, and quality of life; and
-
Develop a more effective process and planning strategy for coordinating
intermunicipal growth, land use, infrastructure, recreation, social services,
and emergency services.
Long Term Benefits
-
The development and implementation of a regional framework that
strengthens regional collaboration and integrated regional service delivery
models to increase efficiencies and provide a stronger, more unified
approach to addressing the issues identified as important to community
members within the Smoky Lake Region;
-
Increased business/investment attraction "presence" throughout the
Smoky Lake Region;
-
Improved business retention, growth, and business attraction throughout
the region;
-
Improved regional fiscal and financial sustainability; and
-
Increased opportunities for leveraging regional strengths into regional
competitive advantages.
2.4
Enactment
The policies contained within this plan come into force once the Councils of the
Town of Smoky Lake and Smoky Lake County have each given Third Reading to the
bylaws adopting the Town of Smoky Lake + Smoky Lake County Intermunicipal
Development Plan.
2.5
Duration
This plan will establish, in general terms, the general land use patterns, together
with the conditions upon which the provision of municipal services may occur in
the subject area, and mutually agreed policy directions for the next 25 years
following the adoption of the plan. While this plan is meant to be a long range
planning document, it is intended that regular monitoring, review, and periodic
amendments may be required for policies in the plan to remain current with
changing development trends and growth within the region.
A process for amending the plan has been established as a part of this plan.
This plan should be reviewed every five years from the date on which the plan
comes into effect to ensure that it is still current and meets the needs of the Town
of Smoky Lake, Smoky Lake County, and the entire Smoky Lake Region.
2.6
Enabling Legislation
The provincial legislation that allows one or more municipalities to adopt an
Intermunicipal Development Plan is the Municipal Government Act.
Section 631 of the Municipal Government Act states, in part:
(1) Subject to subsections (2) and (3), 2 or more councils of municipalities
that have common boundaries ...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.
(2) Subsection (1) does not require municipalities to adopt an
intermunicipal development plan with each other if they agree that they do
not require one, but any of the municipalities may revoke its agreement at
any time by giving written notice to the other or others, and where that
notice is given the municipalities must comply with subsection (1) within
one year from the date of the notice unless an exemption is ordered under
subsection (3).
(8) An intermunicipal development plan
(a) must address
(i) the future land use within the area,
(ii) the manner of and the proposals for future development
in the area,
(iii) the provision of transportation systems for the area,
either generally or specifically,
(iv) the co-ordination of intermunicipal programs relating to
the physical, social, and economic development of the area,
(v) environmental matters within the area, either generally
or specifically, and
(vi) any other matter related to the physical, social, or
economic development of the area that the councils
consider necessary, and
(b) must include
(i) a procedure to be used to resolve or attempt to resolve
any conflict between the municipalities that have adopted
the plan,
(ii) a procedure to be used, by one or more municipalities, to
amend or repeal the plan, and
(iii) provisions relating to the administration of the plan.
The procedure for adopting an Intermunicipal Development Plan is described in
Section 692 of the Municipal Government Act.
2.7
Subject Area Boundary
The lands within the Town of Smoky Lake and Smoky Lake County to which this plan
applies are identified on Map 5.1 - Future Land Use Concept.
2.8
Subject Area Profile
Location and History
The Town of Smoky Lake is located approximately 115 km north-east of the City of
Edmonton, approximately 80 km north-east of the Alberta's Industrial Heartland
area, and approximately 175 km west of Cold Lake. Historically, the Town has
served as an agricultural service centre for the surrounding area. It continues to
provide important social, educational, health, and business services to
neighbouring rural and agricultural communities.
With the removal of the rail line through Smoky Lake and the demolition of the
grain elevators, an important element of the Town's agricultural services ended.
The transformation of the rail line into the Iron Horse Trail, a multi-use trail system
managed and maintained by a not-for-profit organization representing the ten
municipalities through which the trail passes, provides the Town of Smoky Lake the
opportunity to act as a tourist service centre for trail users.
Major resource extraction and industrial development in Alberta has had a
significant impact on the Town of Smoky Lake. While the Town does not currently
include major resource extraction or industrial developments, many Town
residents work in natural resource extraction industries, or for industries outside of
the Town. Although indirect, regional resource extraction and industrial
developments are important factors in the Town's social and economic viability.
Environmental Characteristics
The Town of Smoky Lake is in a shallow valley draining into White Earth Creek,
located approximately one kilometre north of the Town boundaries. A tributary
creek runs through the northern portion of the community, providing wildlife
habitat and low-impact recreational opportunities. Small stands of mixed boreal
forest are located along the creek.
Information about the soil capability and local features within the plan area is
included in Appendix A for information. This information was analyzed to determine
the suitability of future land uses within the plan area.
Most undeveloped lands within the plan area are used for agriculture, with some
low-lying wet areas and small mixed tree stands.
Transportation
- The IDP area encompasses two Provincial Highways: 855 which travels
north/south, and 28, which travels east/west. The Town straddles 855
(which becomes 50th Street) and is nestled south and east of Highway 28.
- County-managed roads are managed to a gravel rural standard, and/or in
accordance with County Road management policies.
-
The multi-use Iron Horse Trail transects the Town, following the former CN
Rail lands.
-
In the southeast of the IDP area, there is a privately owned and operated
grass airstrip, which is governed by Transportation and NAV Canada
regulations.
-
There is not presently a municipal public transit service in-place within the
policy area, though third-party groups such as the Lions Club do operate a
bus.
Existing Land Uses
Within the Town are a variety of planned land uses. Residential development in the
Town of Smoky Lake primarily consists of low-density, single-family dwellings,
although several medium density multi-family developments exist in the Town.
Residential development adjacent to the town consists of country residential style
housing, on acreage-style lots and in association with agricultural operations.
Commercial developments within the Town include downtown shops and services,
highway-oriented businesses, and large lot developments.
Recreational and community use developments in the Town and the subject area
include a wide range of parks (small neighbourhood-oriented parks and large multi-
purpose sport facilities), trail networks (community pathways and the Iron Horse
Trail), campgrounds, golf course, schools and churches.
Municipal Services
The Town of Smoky Lake provides full infrastructure services to most of the
community including storm and sanitary sewer, potable water and garbage
collection. Most roadways within the Town are developed to an urban standard
(paved with sidewalks). Town residents can recycle waste materials at the County
transfer stations.
A wide variety of 'soft' services exist within the Town and the subject area,
including:
-
Provincial government
buildings,
-
a hospital (with heli-
pad),
-
an auxiliary hospital
and lodge,
-
a regional volunteer
fire department,
-
multiple recreational
facilities,
-
an
extensive
trail
network,
-
schools,
-
churches,
-
a regional library,
-
campgrounds,
-
a golf course,
-
a museum, and
-
a regional agricultural
society.
3
Intermunicipal Growth
3.1
General Land Use Policies
1. Future subdivision and development shall be in accordance with this plan.
Major deviations shall require an amendment to this plan. Minor
relaxations may be considered without an amendment to this plan where
the proponent can demonstrate to the satisfaction of the approving body
and the Intermunicipal Planning Committee that the subdivision or
development would maintain the intent of the policies contained within this
plan.
However,
if
the
Intermunicipal
Planning
Committee
makes
a
recommendation on a relaxation to this plan to a Council or an approving
authority, that Council or authority shall strongly consider such
recommendation.
2. The partner municipalities agree to work with development proponents
and Alberta Transportation and Alberta Environment & Parks to encourage
the preparation of area structure plans and/or development concept plans
where required by this plan to assure certainty of land use and
development standards.
3. New applications for confined feeding operations in subject area, or
applications for the expansion of any existing confined feeding operations
in the subject area, shall not be discouraged due to the proximity of
residential areas of the Town.
4. The Town and County will work together to provide an adequate inventory
of suitable lands to attract a broad range of business and appropriate
industry and will encourage industries that generate large volumes of traffic
or substantial traffic loads (in terms of either bulk or weight or potential
hazard) to locate in such a manner as to minimize any traffic impact, such
as the need for traffic to travel through the Town.
5. Subdivision applicants shall dedicate a minimum of 30 metres of
environmental reserve, in accordance with the provisions of the Municipal
Government Act, adjacent to major bodies of water. At the sole discretion
of the Subdivision Authority for the affected municipality the amount of
environmental reserve required may be varied to accommodate unique site
conditions such as steep slopes, bank instability, or pre-existing
development.
6.
Subdivision applicants will be required to dedicate the full amount of
Municipal Reserve owing in the forms provided for in the Municipal
Government Act. The Town and County will consider establishing jointly
administered cash-in-lieu of municipal reserve fund into which reserve
proceeds in the subject area would be placed for the purposes of
undertaking capital works on regional recreational facilities.
7.
The Smoky Lake County shall require a Development Concept Plan be
prepared and approved prior to the approval of any major development
within that portion of the plan area. That Development Concept Plan may
be in the form of an Area Structure Plan considered and adopted pursuant
to the Municipal Government Act.
8.
For the purposes of implementing this policy, the definition of the term
"major" shall be as agreed upon by the consensus of Town and County
staffs, but shall not include development which had been appropriately
classified in the municipality's Land Use Bylaw as of the date of the approval
of this plan. If they cannot agree, the definition of the term shall be
considered and determined by the Intermunicipal Planning Committee.
3.2
Agricultural Land Use
The Agricultural Land Use Area identifies portions of the plan area that are
currently used for agricultural or country residential purposes and lands that
may be suitable for future agricultural developments.
The following policies apply to land within the Agricultural Land Use Area:
1.
The Agricultural Land Use Area shall be those lands within the IDP area
identified as Agricultural on Map 5.1 - Future Land Use Concept.
2.
Agricultural operations in the Plan area are to be protected from
encroachment by either competing or conflicting developments resulting
from the premature conversion or agricultural land to other land uses.
3.
Extensive Agriculture will be allowed within the plan area. Intensive
agriculture (excluding confined feeding operations) will be allowed, where
provided for in the County's Land Use Bylaw. Subdivision and development
applications for new intensive agriculture developments and the expansion
of existing intensive agricultural developments will be circulated to the IPC
for comments prior to the issuance of a decision by the County's approving
(subdivision or development) authority. The IPC will review the application
in relation to potential environmental and infrastructure impacts such as:
siting of the proposed development in relation to prevailing winds, adjacent
land uses, and the impacts on the transportation network.
4. Country Residential development may occur within the Agricultural Land
Use Area at the discretion of the Subdivision Authority where provided for
in the County's Land Use Bylaw.
5. Multi-lot Country residential development (more than 5 (five) country
residential parcels per quarter section) will only be allowed in the areas
designated Serviced and Un-serviced Residential on Map 5.1 - Future Land
Use Concept.
3.3
Residential Land Use
The Future Serviced and Un-Serviced Residential Use Area has been applied to
that portion of the plan area that is currently developed or identified for future
urban residential and/or country residential development.
Land within the Future Serviced and Un-Serviced Residential Use Area is
generally intended for future residential development. For the purposes of this
plan urban residential development is generally considered municipally serviced
residential development while country residential development is considered
residential development that is not serviced by municipal service; specifically,
municipal sewer, water, and storm water management systems.
The following policies apply to land within the Future Serviced and Un-Serviced
Residential Use area indicated on Map 5.1 - Future Land Use Concept.
1. The Future Serviced and Un-Serviced Residential Use areas shall be those
lands within the Town of Smoky Lake and Smoky Lake County identified as
Future Serviced or Un-Serviced Residential Use on Map 5.1 - Future Land
Use Concept.
2. Undeveloped land designated for Serviced or Un-Serviced Residential Use
development shall be buffered from uses that may have negative effects on
future urban development by virtue of odour, heat, vibration, visual impact,
noise or light. This does not apply to such effects that arise in the course of
normal, non-intensive farm operations.
3.
Multi-lot residential developments are to be predominantly residential in
nature. No developments will be approved either within the residential area
or adjacent to the residential which would, in the opinion of the Town or
County, negatively impact the Future Serviced or Un-Serviced Residential
Area.
4.
New multi-lot country residential development within the subject area, for
the purposes of this plan shall be considered the development of more than
5 (five) lots without municipal piped sewage collection and water supply
services within any quarter section, subject to the policies in Section 3.2 of
this plan.
5.
Multi-lot country residential development to create more than (5) five
parcels per quarter section shall be allowed only after amendment to the
County's Land Use Bylaw, placing the lands where such development may
occur into an appropriate Residential District.
6.
The regulations for residential and accessory development in multi-lot
residential and country residential developments shall be provided for in
the Smoky Lake County Land Use Bylaw.
7.
The following policies shall apply to multi-lot residential and country
residential development applications and designs:
a.
internal road access shall be provided to each lot;
b.
the minimum parcel size for serviced residential lots shall be the
minimum lot size indicated in the Town's Land Use Bylaw for residential
lots; and
c.
the minimum parcel size for un-serviced country residential lots shall
be 0.4 ha (1.0 acre), and the normal maximum parcel size shall be 1.21
ha (3.0 acres); and subdivision proposals shall indicate the location of
development areas within lots as well as the natural areas on the lots.
8.
Multi-lot country residential redistricting and subdivision proposals shall
address potential conflicts with existing agricultural operations and
proposed industrial and commercial operations that may occur on lands
designated for industrial or commercial development, and shall indicate
how these potential conflicts will be resolved or mitigated.
9. Within the rest of the subject area, the Town and/or County may require a
Development Concept Plan or Area Structure Plan be prepared and
approved prior to the approval of any amendment to the Land Use Bylaw
to allow a multi-lot residential subdivision of more than 5 (five) residential
lots within any residential area without municipal piped sewage collection
and water supply services within any quarter section.
3.4
Commercial Land Use
The Serviced and Un-Serviced Commercial Use Areas identify portions of the
subject area that are currently developed or identified for future commercial
development. The following policies apply to land within Future Serviced and
Un-Serviced Commercial Use areas identified on Map 5.1 - Future Land Use
Concept.
1. The Serviced and Un-Serviced Commercial Use Areas shall be those lands
within the Town and County identified as Serviced Commercial and Serviced
& Un-Serviced Commercial Use on Map 5.1 - Future Land Use Concept.
2. Lands designated Serviced Commercial Use may develop in a range of uses
which serve local and regional customers, and connects to piped municipal
water and sanitary services. These uses include but are not limited to:
a. hotels and motels
b. food/beverage establishments
c. gas bars/service stations
d. travel information centres
e. car washes
f. souvenir shops
g. personal service establishments within a hotel/motel
h. retail stores with no more than approximately 200 sq. m of retail
floor space
i. vehicle or recreational equipment sales and service
j.
recreational establishments
k.
drive-through businesses
l.
bus depots
m. bulk fuel storage and distribution
n. equipment sales, service and rentals
o. manufactured and modular home sales and service
p. public or quasi-public uses
q. surveillance suites
r.
accessory uses or buildings
3.
Lands designated Serviced & Un-Serviced Commercial Use may develop in
a range of large lot highway-oriented commercial uses which serve local
and regional customers.
4.
Smoky Lake County may require that a Development Concept Plan or Area
Structure Plan be prepared and approved prior to the approval of any
amendment to the Land Use Bylaw to allow a substantial commercial
development within 1.6 km (1.0 mile) of the boundary of the Town of Smoky
Lake.
3.5
Industrial Land Use
The Serviced Industrial Use Area and the Un-Serviced Industrial Use Area
identifies portions of the subject area that are currently developed or identified
for future industrial development. The following policies apply to land within the
Serviced Industrial Use Area and the Un-Serviced Industrial Use Area on MAP
5.1 - Future Land Use Concept.
1.
The Serviced Industrial Use Area and the Un-Serviced Industrial Use Area
shall be those lands within the County identified as Serviced Industrial Use
Area or Un-Serviced Industrial Use Area on Map 5.1 - Future Land Use
Concept.
2.
Land designated Serviced Industrial Use may develop in a wide range of light
industrial uses, and will be connected to piped municipal water and sanitary
services. Land uses that may be suitable for the area may include but are
not limited to:
a. natural resource processing industries,
b. grain elevators,
c. manufacturing, processing, storage, packaging, or assembly of
goods or materials, including petroleum products, chemical and
associated products, pulp and paper products, fertilizer, or
animal by-products,
d. warehousing, storage, receiving, or distributing facilities,
e. metal processing or fabrication operation or storage,
f. agricultural services,
g. auctioneering,
h. bulk fuel storage and distribution,
i. accessory offices,
j. commercial greenhouses,
k. transportation and public utility facilities/buildings,
l. accessory surveillance suites,
m. public utilities,
n. public or quasi-public uses (e.g., municipal equipment and
maintenance yards), and
o. accessory uses or buildings,
provided that any nuisance such as odour, noise, glare, vibration, heat,
smoke, or effluent is confined to the site of the establishment or within the
applicable Serviced Industrial Use, or substantially mitigated in accordance
with the policies and/or regulations and/or design of a Development
Concept Plan or Area Structure Plan, especially in those areas in proximity
to existing or proposed residential areas or in proximity to the Town.
In this respect, individual developments will not necessarily be precluded;
however, extra precautions shall be required such as requiring a warning
system or so-called "disaster plan" should the need arise.
3.
Land designated Un-Serviced Industrial Use may develop in a wide range of
light industrial or rural industrial uses, and will utilize onsite water and
sanitary systems.
4.
Smoky Lake County may require a Development Concept Plan or Area
Structure Plan be prepared and approved prior to the approval of any
amendment to the Land Use Bylaw to allow a substantial rural industrial
development within 1.6 km (1.0 mile) of the boundary of the Town of Smoky
Lake.
5.
For the purposes of implementing this policy, the definition of the term
"substantial" shall be as agreed upon by the consensus of Town and County
staffs. If they cannot agree, the definition of the term shall be considered
and determined by the Intermunicipal Planning Committee.
3.6
Community Land Use Area
The Community Use Area identifies that portion of the subject area that is
currently developed for community or recreational uses. It is the intent of this
plan that this area continue to be used for community and recreational purposes
to provide benefit to both the Town and County. The following policies apply to
land within the Community Use Area on Map 5.1 - Future Land Use Concept.
1.
The Community Use Area shall be those lands within the Town identified as
Future Community Use area on Map 5.1 - Future Land Use Concept.
2.
Land designated Future Community Use may develop in a wide range of
community uses. Land uses that may be suitable for the area are limited to
the permitted and discretionary uses listed in the appropriate land use
districts of the Town of Smoky Lake and Smoky Lake County Land Use
Bylaws.
3.
Some residential development may also be permitted in the Community
Use Area if the proposed development is consistent with applicable
provisions in the Smoky Lake County Land Use Bylaw, federal regulations
and provincial regulations.
3.7
Municipal Services and Road Policies
1.
The Town of Smoky Lake and Smoky Lake County shall establish strategies
and standards for the orderly, efficient and economical extension of
wastewater collection, water distribution systems, storm water
management, and roads within the subject area.
2.
Some of the development strategies within the subject area are closely
connected to the ability and need for municipal piped services.
3.
Future servicing with municipal piped services may be required within the
Future Residential Use area. If such services are not available due to cost
or capacity limitations or other reasons, the area shall not be developed for
serviced residential purposes unless it meets a minimum agreed residential
development standard.
4.
Where it is deemed appropriate, necessary and/or desirable, further to this
plan, the Town and County will endeavor to enter into agreements
respecting municipal piped services in the subject area.
5.
Where proposed developments may impact intersections between
Provincial highways and municipal roads, as shown on Map 5.2 - Major
Intersections, additional consultation with Alberta Transportation will be
required prior to approval by the Town and/or County. This consultation
may include the preparation of a Traffic Impact Assessment satisfactory to
Alberta Transportation. All costs of the TIA and any corresponding
intersection
improvements
will
be
the
responsibility
of
the
developer/proponent.
6.
The Town and the County will continue to work cooperatively with Alberta
Transportation to identify and mitigate traffic impacts and identify the
scheduling of necessary improvements at the intersections of highways and
municipal roads as shown on Map 5.2 - Major Intersections.
3.8
Social Services
Social services within the Plan area are provided by provincial agencies, not-for-
profit and volunteer organizations and by the Town, the County and in some
instances the Town and the County collaboratively. Currently the following
social services are joint Town/County initiatives:
- The Foundation
- Recreation
- Emergency Services
- Ag Society
1. The Town and the County will continue to work cooperatively to provide
social services to community members within the Smoky Lake region.
2. The Town and the County will endeavor to explore opportunities for
expanding joint service provisions.
3.9
Emergency Services
Emergency Services within the plan area are provided by the following agencies
and organizations:
-
RCMP
-
Aspen Regional Health
-
Smoky Lake Volunteer Fire Department (with fire halls in the Village of
Vilna, the Town of Smoky Lake & the Village of Waskatenau)
1. The Town and the County will continue to work collaboratively to provide
fire and rescue services to the region.
3.10
Development Concept Plans & Area Structure Plans
1.
A Development Concept Plan or Area Structure Plan may describe, outline,
or provide, among other matters, in text and map form:
a.
a definition of the affected area and a description of the relationship
between the affected area and surrounding lands;
b.
an indication of the proposed land uses and the area of each land use;
c.
an indication of the total number of dwelling units proposed on the
quarter section (if applicable);
d. policies and plans addressing buffering from adjacent land uses which
may be affected by or which may affect a residential community (if
applicable);
e. policies respecting phasing, if any, including an indication of which lots
will be developed first and how the development of these lots will be
designed specifically to allow for further development of the subject
quarter section into residential lots;
f.
policies respecting environmental protection, habitat, ecological
conservation, effect on the adjacent agricultural community, including
any existing or potential confined feeding operations;
g. policies and plans addressing natural and man-made limitations to
development such as flood susceptibility, bank subsidence, erosion,
railway lines, oil and gas wells, pipelines, and other facilities (including
active, inactive, abandoned, and decommissioned facilities, sour gas,
etc.), gravel operations or resources, airports, agricultural operations,
historical resources, other nearby land uses, etc.;
h. policies respecting built form, amenities, aesthetics, landscaping,
architecture, buffering from potential limiting factors, dealing with the
potential for land use conflict, etc.;
i.
policies and plans for necessary water supply, sanitary sewage disposal,
and storm water management;
j.
as required, policies relating to:
i.
the impact on adjacent land uses;
ii.
the impact on community services, such as fire protection;
iii.
the municipal servicing costs associated with the development,
and landscaping; and
iv.
wetland mitigation.
k.
a Phase I Environmental Assessment, describing the possibility of
contamination within the subject area and, if the Phase I indicates, a
Phase II Environmental Assessment, describing the extent of any
contamination within the subject area and the means of mitigation;
l.
engineering information in sufficient detail to show how that is to be
done;
m. if the development is to provide water by a municipal piped water
supply system, engineering information showing how that is to be
done;
n. if the development is to be supplied with water by means other than a
municipal piped water supply system, a report which would satisfy the
requirements of Section 23(3)(a) of the Water Act;
o. an assessment of the general suitability of the Plan area for sewage
disposal by tile field (percolation tests);
p. a determination of any flood plains relating to any water bodies within
or adjacent to the subject site, including a description as to how any
flood plain lands will be made suitable for development without
transferring the flood hazard to other lands;
q. an assessment of the stability of any banks (either steep slopes or
watercourse valleys) within or adjacent to the subject site, including a
description as to how any bank stability hazards will be mitigated
without transferring the stability hazard to other lands;
r.
A wetland assessment (prepared by a certified wetland professional)
that delineates and classifies wetlands (onsite and offsite) that will be
impacted by the proposed development.
s.
if within 0.8 km of a Highway, a Traffic Impact Assessment, indicating
the vehicular generation from the development at various stages of
development, and any roadway improvements that may be necessary
on adjacent and nearby roads and Highways (and on their
intersections) resulting from that vehicular generation;
t.
an assessment of the site, indicating
i.
how Environmental Reserves, Environmental Reserve Easements,
Municipal Reserves, and other land management tools are to be
used to protect significant biophysical sites;
ii.
how all Provincial and Federal legislation and regulations are to be
adhered to respecting wetlands, habitat, and environmentally
sensitive lands;
u.
an assessment of all other limitations to development, including
potential and actual land use conflicts, which have been identified,
indicating how the limitations and conflicts are to be accommodated,
dealt with, and/or overcome; and
v.
other policies and plans as may be indicated by the proponent or the
municipality to address any unique circumstances of the Development
Concept or Area Structure Plan area.
2.
The level of detail required in a Development Concept Plan or Area
Structure Plan shall be as agreed upon by the consensus of Town and
County staffs. If they cannot agree, the definition of the term shall be
considered and determined by the Intermunicipal Planning Committee.
3.
The process for considering a Development Concept Plan or Area Structure
Plan for approval will be the same as for a major development proposal.
The approving authority shall be the Council of the municipality in which
the site of the Development Concept Plan or Area Structure Plan is located.
4
Plan Implementation
4.1
Implementation Policies
The Councils of the Town of Smoky Lake and Smoky Lake County have agreed to
the following implementation policies which will be used in implementing the
policies contained in this plan.
4.2
Plan Amendments
1.
An amendment to this plan may be proposed by either municipality. An
amendment to the plan proposed by a landowner shall be made to the
municipality in which the subject land is located.
2.
An amendment to this plan has no effect unless it is adopted by both
municipalities by bylaw.
4.3
Annexation
1.
There will continue to be a boundary between the Town of Smoky Lake and
Smoky Lake County for administration of services such as maintenance of
infrastructure, waste management, development control, weed control, etc.
2.
There is a need for periodic expansion of the urban area, and thus the Town of
Smoky Lake, by annexation. Annexations will occur from time to time in a
positive, orderly, and timely manner with an agreed-upon process where there
is a clear need for Town annexation to provide more land for urban
development.
3.
The Town of Smoky Lake shall demonstrate reasonable need for annexation
through appropriate growth studies to support annexation applications.
4.
Each municipality shall protect lands identified in the plan suitable for
municipal piped services from land uses and developments that might unduly
interfere with and create conflict with future urbanization.
5.
Both municipalities shall follow the annexation process as outlined in the
Municipal Government Act current at the time an annexation application is
made.
4.4
Cost/Revenue Sharing Schemes
1.
Any agreements for cost and revenue sharing shall be to benefit the future
development of land within the plan's subject area.
2. The Town and County will explore cost and revenue sharing opportunities as
development occurs and through the review and approval process of each
Development Concept Plan or Area Structure Plan.
4.5
Framework
1.
This plan is conceptual. Its policies do not delve into the fine details of land use,
servicing, or implementation but instead set out a framework of guidelines for
municipal planning policies.
2.
The Town of Smoky Lake and Smoky Lake County will co-operate in pursuing
mutually beneficial economic development initiatives that would attract
investment and create employment opportunities in the Smoky Lake Region.
3.
Map 5.1 - Future Land Use Concept of this plan will be the primary land use
document supplemented by implementation tools such as Development
Concept Plans and Area Structure Plans. The Town of Smoky Lake and Smoky
Lake County shall amend their respective Municipal Development Plans and
Land Use Bylaws as necessary to be consistent with the policies and provisions
of this plan.
4.6
Establishment of the Intermunicipal Planning Committee
1.
The Intermunicipal Planning Committee (IPC) will be established upon Third
Reading of the Bylaws adopting this plan.
2.
The Intermunicipal Planning Committee will not be a decision-making body,
but will submit recommendations to the approving bodies of the respective
municipalities, striving for consensus as much as possible.
3.
The Intermunicipal Planning Committee will be comprised of two (2) members
each of the Councils of the Town of Smoky Lake and Smoky Lake County. The
ICP will select its own chairman and vice-chairman. The Councils may appoint
alternative members, should any member not be able to attend Committee
meetings. Additionally, the Chief Administrative Officer or the Development
Officer of each municipality shall be ex-officio members of the Committee.
4.
The Intermunicipal Planning Committee shall establish its own rules of
procedure, including its own schedule of meetings, with meetings being held
as required.
4.7
Intermunicipal Planning Committee
1. Upon the referral of a matter, the Intermunicipal Planning Committee will
schedule a meeting and the administrations of the County and the Town will
present their positions on the matter to the Committee.
2. After consideration of a matter, the Committee may:
a. provide suggestions to both administrations with respect to revisions to
the matter that should be considered to make it more acceptable to
both municipalities;
b. if possible, agree on a consensus position of the Committee in support
of or in opposition to the matter, to be presented to both Councils;
c.
conclude that no initial agreement can be reached and that a consensus
position of the Committee will not be presented to both Councils;
d. if agreed to by both Municipalities, employ a facilitator to help the
Committee work toward a consensus position;
e. if a matter cannot be satisfactorily processed following a Committee
review, refer the matter to both Councils; or undertake any other action
it deems reasonable.
3. The Intermunicipal Planning Committee shall not deal with all development
matters within the Town of Smoky Lake + Smoky Lake County Intermunicipal
Development Plan subject area. Rather, it will deal with all matters referred to
it in the manner described in Section 4.7 of this plan.
4. The Intermunicipal Planning Committee has the following functions:
a. to clarify the intent and interpretation of the plan;
b. to develop specific strategies related to the provision of infrastructure,
service provision, cost sharing, etc. for proposed subdivision and
development in the subject area that reflect the policies and guidelines
set out in this plan;
c. to review and comment on applications to amend this plan;
d. to review and comment on development matters referred to it in
accordance with this plan; and
e. to undertake such other matters as it deems reasonable and as are
referred to it by either Council or municipal administration.
5. The Town of Smoky Lake and Smoky Lake County agree that the County's
Subdivision Authority and Development Authority will notify the Intermunicipal
Planning Committee of applications received within subject area and that the
Town's Subdivision Authority and Development Authority will notify the
Intermunicipal Planning Committee of applications within the subject area.
6. Each municipality's Subdivision Authority and Development Authority will deal
with an application within their own boundaries in accordance with the policies
of this plan.
7. Depending on the nature of the proposed subdivision or development, the
Intermunicipal Planning Committee may provide recommendations related to
the proposed development or subdivision.
4.8
Dispute Resolution/Mediation Procedures
1. The dispute resolution process for matters related to this plan is outlined in
this section. The emphasis of the dispute resolution process is mediation at the
municipal level prior to an appeal to the Land and Property Rights Tribunal. This
process assumes that the two parties may have significant differences of
opinion on any matter and that third-party assistance may be necessary to help
resolve the disputes.
2. For the purposes of this plan, a dispute is defined as a disagreement between
the Town of Smoky Lake and Smoky Lake County on any statutory plan, any
Land Use Bylaw, or any amendment to any statutory plan or Land Use Bylaw
which is given First Reading by a Council, or any subdivision or development
permit application, or any scheme for the provision of municipal services,
which the other municipality deems may be inconsistent with the goals,
objectives, and policies of this plan.
3. Decisions on all disputes will be made by the respective municipalities in
accordance with the provisions of this plan and the Municipal Government Act,
but with review as indicated in Section 4.7.5 of this plan.
4.
The Town of Smoky Lake and Smoky Lake County agree to consider the
establishment of an Intermunicipal Subdivision and Development Appeal
Board to deal with appeals arising from subdivision or development permit
decisions within the subject area.
5.
Disputes shall be addressed and shall be resolved through any of the following
mechanisms either singularly or in combination with each other:
a.
Administrative Review
b.
Intermunicipal Planning Committee
c.
Municipal Councils
d.
Mediation
e.
Non-binding Arbitration
f.
Appeal Process - Intermunicipal Dispute or Subdivision and Development
Appeal Board
g.
Court Option
6.
In the event of a dispute, the applicant municipality will not give approval to
the matter in any way (e.g., development permit or subdivision approval, or
Second or Third Reading of a bylaw) until the dispute is past the mediation
stage.
7.
The time limitations and legislative requirements as may be specified from time
to time in the Municipal Government Act will be respected in relation to the
administration of this dispute resolution procedure and may supersede the
time processes provided for in this plan.
4.9
Administrative Review
1.
The municipality within which any development, subdivision, land use bylaw
amendment, servicing scheme, or other matter is proposed (hereinafter
referred to as "the applicant municipality") will provide complete information
concerning the matter to both the other municipality and to the Intermunicipal
Planning Committee. The other municipality (hereinafter referred to as "the
responding municipality") will undertake an evaluation of the matter and
provide comments to the administration of the applicant municipality.
2. If there is any concern, the two administrations shall discuss the issue and
attempt to resolve the matter.
3. If the administrations resolve the concern, the responding municipality will
formally notify the applicant municipality and the Intermunicipal Planning
Committee, and the applicant municipality will take the appropriate actions to
consider approving the matter.
4. If the issue is not resolved at the administrative level, the applicant
municipality's administration shall refer the matter to the Intermunicipal
Planning Committee.
5. Upon the referral of a matter, the Intermunicipal Planning Committee will
schedule a meeting and the administrations of the Town and County will
present their positions on the matter to the Committee.
6. After consideration of a matter, the Committee may:
a. provide suggestions to both administrations with respect to revisions to
the matter that should be considered to make it more acceptable to both
municipalities;
b. if possible, agree on a consensus position of the Committee in support of
or in opposition to the matter, to be presented to both Councils;
c.
conclude that no initial agreement can be reached and that a consensus
position of the Committee will not be presented to both Councils;
d. if agreed to by both Municipalities, employ a facilitator to help the
Committee work toward a consensus position;
e. if a matter cannot be satisfactorily processed following a Committee
review, refer the matter to both Councils; or
f.
undertake any other action it deems reasonable.
4.10
Municipal Councils
1. After receiving the recommendations of the Intermunicipal Planning
Committee with respect to a particular matter, each Council will establish a
position on the matter.
2.
If both municipal Councils agree on a matter, then the consideration of
approval (including, if necessary, an amendment process) can be completed. If
neither Council supports the matter, then no further action will be undertaken.
3.
If the Councils cannot agree on a matter, then the matter may be referred to a
mediation process.
4.
If the matter goes to mediation, the applicant municipality will not give any
approval to the matter until mediation has been pursued.
4.11
Mediation
1.
The following will be required before a mediation process can proceed:
a.
agreement by both Councils that mediation is necessary;
b.
appointment by both Councils of an equal number of elected officials to
participate in a mediation process;
c.
engagement, at equal cost to both municipalities, of an impartial an
independent mediator agreed to by both municipalities; and
d.
approval by both municipalities of a mediation schedule, including the
time and location of meetings and a deadline for the completion of the
mediation process.
2.
If agreed to by both municipalities, any members of the Intermunicipal
Planning Committee or administrative staff from either municipality who are
not participating directly in the mediation process may act as information
resources either directly or indirectly to the mediation process.
3.
All participants in the mediation process will be required to keep details of the
mediation confidential until the conclusion of the mediation.
4.
At the conclusion of the mediation, the mediator will submit a mediator's
report to both Councils.
5.
If a mediated agreement is reached, then that agreement will be referred to
both Councils for action. Both Councils will consider the mediator's report and
the respective positions of the municipal administrations with respect to the
mediated agreement. Any mediated agreement will not be binding on either
municipality and will be subject to the formal approval of both Councils.
6. If no mediated agreement can be reached or if both Councils do not approve a
mediated agreement, then a non-binding arbitration process as described
below may be initiated.
4.12
Non-Binding Arbitration
1. The following will be required before a non-binding arbitration process can
proceed:
a. agreement by both Councils that non-binding arbitration is
necessary;
b. appointment by both Councils of officials to participate in the non-
binding arbitration process;
c. engagement, at equal cost to both municipalities, of an impartial
and independent arbitrator agreed to by both municipalities; and
d. approval by both municipalities of an arbitration schedule, including
the time and location of meetings and a deadline for the completion
of the process.
2. At the conclusion of the non-binding arbitration, the arbitrator will submit a
report to both Councils.
3. If both Councils agree, then the arbitrator's recommendations will be
implemented by the Council or Councils as necessary. Any arbitrator's decision
will not be binding on either municipality unless both municipalities concur,
and will be subject to the formal approval of both Councils.
4. If no agreement can be reached to abide by the arbitrator's decision or if both
Councils do not approve the arbitrator's recommendation, then an appeal
process may be initiated if provided for under the provisions of the Municipal
Government Act. If there is no appeal process available, then the applicant
municipality may proceed with any approvals as are allowed.
4.13
Appeal Process - Intermunicipal Dispute or Subdivision and Development Appeal
Board
1. If the mediation process fails, the applicant municipality may approve the
matter (e.g., a Land Use Bylaw amendment, a development permit approval,
etc.).
2. If the applicant municipality passes a bylaw to implement the matter, then the
responding municipality may appeal that action to the Land and Property Rights
Tribunal under the provisions of Section 690 of the Municipal Government Act
in accordance with that Act.
3. If the appeal of the matter is to the applicant municipality's Subdivision and
Development Appeal Board, the responding municipality may appeal that
action to the Subdivision and Development Appeal Board as it sees fit.
4. If there is no appeal available pursuant to the Act, then the responding
municipality may wish to pursue a Court option.
4.14
Court Option
1.
After any action by the Land and Property Rights Tribunal, or the applicant
municipality's Council or Subdivision and Development Appeal Board from
which there is no further appeal, the responding municipality will have the
option, should it so choose, of undertaking a court challenge of the matter.
5
Maps
5.1 - Future Land Use Concept
5.2 - Major Intersections
5.1
Future Land Use Concept
5.2
Major Intersections
6
Appendix A - Information Maps
6.1 - CLI Agriculture
6.2 - Local Features
6.1
CLI Agriculture
6.2
Local Features
Implementation5
Maps
5.1 - Future Land Use Concept
5.2 - Major Intersections
Digital Information: Geogratis and Altalis
Projection: UTM NAD 83 12N
[
NORTH
Map 5.1 - Future Land Use Concept
Town of Smoky Lake + Smoky Lake County IDP
0
1
0.5
KM
IDP Boundary
Town Boundary
Community
Agricultural
Serviced & Unserviced Residential
Serviced Highway Commercial
Serviced Industrial
Unserviced Industrial
HWY 855
HWY 28
HWY 28
k
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Digital Information: Geogratis and Altalis
Projection: UTM NAD 83 12N
[
NORTH
Map 5.2 - Major Intersections
Town of Smoky Lake + Smoky Lake County IDP
0
1
0.5
KM
k
Major Intersection
IDP Boundary
Town Boundary
HWY 855
HWY 28
HWY 28
HWY 855
Implementation6Appendix A -Information Maps
6.1 - CLI Agriculture
6.2 - Local Features
Digital Information: Geogratis and Altalis
Projection: UTM NAD 83 12N
[
NORTH
Map 6.1 - CLI Agriculture
Town of Smoky Lake + Smoky Lake County IDP
0
1
2
3
0.5
KM
IDP Boundary
Town Boundary
No significant limitations
Moderate limitations
Moderately severe limitations
Severe limitations
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Perennial forage crops
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Organic Soils
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2075 Ft
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Digital Information: Geogratis and Altalis
Projection: UTM NAD 83 12N
[
NORTH
Map 6.2 - Local Features
Town of Smoky Lake + Smoky Lake County IDP
0
1
2
3
0.5
KM
IDP Boundary
Town Boundary
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Well (with 100 M Setback)
Resource Pipeline
Elevation (25 Ft. Contours)
Wetlands
Historic Resource
Aggregate Deposit
Environmentally Sensitive Area
Lagoon Setback (300 M)
Former Landfill Setback (300 M)
HWY 855
HWY 28
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Smoky Lake
Golf Club
Rodeo
Grounds
Holy Trinity
Orth. Church
Cemetery
Gun Range
Lagoon
Fabrication Shop
Former Landfill
Private Airstrip
Fertilizer
Plant
Large Grain
Operation
Communication
Towers