Boissevain-Morton Development Plan 2022-06B

Municipality of Boissevain – Morton, Manitoba

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Municipality of Boissevain-Morton DEVELOPMENT PLAN Municipality of Boissevain-Morton | Development Plan 1 MUNICIPALITY OF BOISSEVAIN-MORTON DEVELOPMENT PLAN March 2023 The Municipality of Boissevain-Morton is located within Treaty 1 and 2 Territory, on the traditional lands of the Anishinaabe (Ojibwe), Dakota, Oji-Cree, the Ininiwak (Cree), and Dene peoples, and on the homeland of the Métis nation. We acknowledge this land and water, the original peoples of this place, and the treaties that guide our ongoing relationship. We commit to tending to this place and our treaty partnerships with care in the spirit of collaboration and reciprocity going forward. Municipality of Boissevain-Morton| Development Plan 2 Vision Over the next 20 years, the Municipality of Boissevain-Morton will continue to grow as a hub for agriculture, industry, recreation, and outdoor adventure in southwestern Manitoba. We will expand our reputation as a safe, healthy, diverse, and welcoming place to live. With continued support, our local businesses, arts, and natural environment will thrive despite the challenges of a changing world. Municipality of Boissevain-Morton | Development Plan 3 PARTS OF THE DEVELOPMENT PLAN In PART ONE: INTRODUCTION, you will find background information on the Municipality of Boissevain-Morton, the purpose and intent of the Development Plan, and the vision for the Municipality. In PART TWO: GENERAL DEVELOPMENT, you will find goals and policies for land use and development that apply to all areas of the municipality. In PART THREE: POLICY AREAS, you will find goals and policies for specific land use policy areas within the Municipality of Boissevain-Morton. The policy areas are illustrated in the maps contained in Part Six of this Development Plan. In PART FOUR: IMPLEMENTATION, you will find an overview of the planning tools used to implement this Development Plan. In PART FIVE: DEFINITIONS, you will find definitions helpful in interpreting words in this Plan. In PART SIX: DEVELOPMENT PLAN MAPS, you will find land use maps showing the location of the designated policy areas described in Part Three of this Development Plan. You can use these maps to determine what policy area applies to any piece of land in the municipality. Also found in Part Six are maps showing development restrictions. Municipality of Boissevain-Morton| Development Plan 4 Table of Contents 1 INTRODUCTION ................................................................................................... 5 1.1 Purpose and Intent ....................................................................................................... 6 1.2 Authority ...................................................................................................................... 6 1.3 Planning Background ................................................................................................... 6 1.4 Context ........................................................................................................................ 7 1.5 Climate Change Vulnerabilities ................................................................................... 12 2 GENERAL DEVELOPMENT ................................................................................. 16 2.1 Application .................................................................................................................. 17 2.2 General Goals & Policies .............................................................................................. 17 2.3 Land & Water ............................................................................................................. 19 2.4 Transportation & Municipal Infrastructure .................................................................. 24 3 POLICY AREAS .................................................................................................... 28 3.1 NAT - Natural Area .................................................................................................... 29 3.2 AGA - Agricultural General Area / AGR - Agricultural Restricted ................................. 31 3.3 RRC - Rural Residential and Cottage Area .................................................................. 35 3.4 RCI - Regional Commercial and Industrial Area .......................................................... 38 3.5 UNA - Urban Neighbourhood Area ............................................................................ 40 3.6 UCA - Urban Central Area .......................................................................................... 43 4 IMPLEMENTATION ............................................................................................ 45 4.1 Adoption of this Development Plan ............................................................................ 46 4.2 Review & Amendment ................................................................................................ 46 4.3 Subdivision Approvals ................................................................................................ 46 4.4 Zoning By-Law ........................................................................................................... 46 4.5 Secondary Plans ......................................................................................................... 47 4.6 Adoption of Other By-Laws ........................................................................................ 47 4.7 Special Studies and Concept Plans ............................................................................. 47 5 DEFINITIONS ...................................................................................................... 48 6 DEVELOPMENT PLAN MAPS ............................................................................ 52 6.1 Development Restrictions -- Reference Map 1 ........................................................... 53 6.2 Development Restrictions -- Reference Map 2 ........................................................... 54 6.3 Policy Area Map -- Rural -- Map One .......................................................................... 55 6.4 Policy Area Map -- Urban -- Map Two ........................................................................ 56 6.5 Policy Area Map -- Rural -- Map Three ....................................................................... 57 6.6 Policy Area Map -- Rural -- Map Four ......................................................................... 58 6.7 Policy Area Map -- Rural -- Map Five .......................................................................... 59 6.8 Policy Area Map -- Rural -- Map Six ............................................................................ 60 APPENDICES - Background Planning Study - Municipal Servicing Overview - Urban & Rural Residential Supply & Demand Study Municipality of Boissevain-Morton | Development Plan 5 1 INTRODUCTION PART ONE presents background information on the Municipality of Boissevain-Morton and the purpose and intent of the Development Plan. Municipality of Boissevain-Morton| Development Plan 6 1.1 Purpose and Intent This Development Plan sets out the Municipality of Boissevain-Morton's vision for the future. The vision is advanced through physical, social, environmental and economic goals and policies that will guide community growth and change. The decisions of the Municipality of Boissevain-Morton Council related to land use and development will be based on the goals and policies of this Development Plan. This Development Plan will also provide guidance for developers, property owners, residents and the public sector about how and where community members want land to be developed. 1.2 Authority The Planning Act provides the legal basis for municipal land use planning in Manitoba. Under The Planning Act, a municipality must adopt a Development Plan to guide the growth of the entire area that meets the requirements of the Act. All Development Plans adopted in Manitoba must be prepared in accordance with the Provincial Planning Regulation and be generally consistent with the Provincial Land Use Policies (PLUP's) contained within the Regulation. This Development Plan has been prepared in compliance with the legislation. 1.3 Planning Background Boissevain-Morton lies between the Southwest Planning District, Dennis County Planning District, and Pelican-Rock Lake Planning District, although the municipality itself is not currently a part of a Planning District. Prior to municipal amalgamation, growth and development in the Municipality of Boissevain-Morton was guided by the Morton-Boissevain Planning District Development Plan No. 2009-01 (adopted by the former planning district board on April 1, 2010). Following amalgamation, Council adopted Boissevain-Morton Municipal Zoning By-law No. 2019-03 on November 7, 2019. This Boissevain-Morton Development Plan and its background studies are informed by other plans for the region, including two separate watershed planning documents: The Pembina River Integrated Watershed Management Plan and The East Souris River Integrated Watershed Management Plan, completed in 2006 and under renewal in 2022 as the Souris River Integrated Watershed Management Plan. Once enacted, the new Municipality of Boissevain-Morton Development Plan will replace and repeal the Morton-Boissevain Planning District Development Plan No. 2009-01. Municipality of Boissevain-Morton | Development Plan 7 1.4 Context More detailed information on the planning context is provided in the Boissevain- Morton Development Plan Background Planning Study. .1 Regional Context Municipality of Boissevain-Morton| Development Plan 8 The Municipality of Boissevain-Morton covers a land area of 114,341 hectares (282,543 acres) in southwestern Manitoba, abutting the United States border (Manitoba Land Use and Development, 2021). The urban area of Boissevain is situated in the centre of the municipality, surrounded largely by agricultural land. Boissevain-Morton is home to a number of attractions. The International Peace Gardens, and two Provincial Parks, Turtle Mountain Provincial Park and William Lake Provincial Park, are located in the southern part of the municipality. The northwestern boundary crosses through Whitewater Lake, a globally significant Important Bird Area (IBA) and one of Manitoba's Wildlife Management Areas. The municipality is located within the Community and Regional Planning (CRP) Region of Brandon, as well as the Western Region of the Association of Manitoba Municipalities' Districts. Boissevain-Morton is bordered by the municipalities of Deloraine-Winchester, Grassland, Killarney-Turtle Mountain, and the RM of Prairie Lakes (Manitoba Municipal Relations, 2021). .2 Population & Demographic Context Prior to the 2015 amalgamation, the Town of Boissevain and Rural Municipality of Morton existed as separate entities, with distinct population trends in their respective areas. Figure 1: Boissevain-Morton Population 1951 - 2016 (Statistics Canada) Since 1951, the Town of Boissevain had seen a steady rise in population until the year 1981, when it began a slight decline, plateauing at approximately 1,500 people in 2011. Over the same period, the RM of Morton saw a steady decline in population over the decades, falling just below 700 people in 2011. 0 500 1,000 1,500 2,000 2,500 3,000 3,500 1951 1956 1961 1966 1971 1976 1981 1986 1991 1996 2001 2006 2011 2016 Population Boissevain-Morton Population 1951-2016 Town of Boissevain RM of Morton Boissevain-Morton (Combined) Municipality of Boissevain-Morton | Development Plan 9 Post-amalgamation in 2015, the two distinct populations of the Town of Boissevain and the RM of Morton became unified. To better understand the long-term population trends over the entire Boissevain-Morton area, the two historic population sets have been combined and included as a separate row in Figure 1. The chart depicts gradual population decline in the present Boissevain-Morton area over the last few decades until 2006. Since then, the municipality has experienced a slight population increase, reaching 2,353 in 2016 (Statistics Canada, 2016). Over the five-year period from 2011 to 2016, the municipality grew by 83 people, an increase of 3.66%. The figure below shows three different population projections for the municipality over the next 20 years that cover a range of scenarios from the most optimistic (high- growth) to the most pessimistic (low-growth). For a discussion of these projection calculations, please see the Boissevain-Morton Development Plan Background Planning Study. In the low growth scenario, the population of Boissevain-Morton is projected to be approximately 2,332 people in 2041--approximately twenty people less than the population in 2016. In the high-growth scenario, the population is projected to be 2,816 in 2041--approximately 460 more people than there were in 2016 (note that this is still less than the historic combined population of the Town of Boissevain and the RM of Morton in the 1960s). The third scenario used a "medium growth" model averaging the results from the first and second scenarios. Figure 2: Municipality of Boissevain-Morton Population Projections (2016-2041) 2016 2021 2026 2031 2036 2041 Low Growth Scenario 2,353 2,349 2,344 2,340 2,336 2,332 Medium Growth Scenario 2,353 2,394 2,436 2,481 2,526 2,574 High Growth Scenario 2,353 2,439 2,528 2,621 2,717 2,816 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 Projected Population Year / Projected Population Boissevain-Morton Population Projections (2016-2041) Municipality of Boissevain-Morton| Development Plan 10 Projected housing needs for the next 20 years can be estimated based on Boissevain- Morton's population projections, average household size, and existing housing stock. The following table shows the projected housing needs over the next 20 years for the three population projection scenarios, assuming the current average household size of 2.3 persons/household remains constant over the next 20 years (see the table below). Table 1: Municipality of Boissevain-Morton Projected Housing Need (with 2.3 average household size) In the low growth scenario (in which the population actually declines), the Municipality of Boissevain-Morton's 1,030 existing dwelling units may already be suitable to meet its needs over the next 20-to-25-year period, notwithstanding additional land needed to provide housing type and tenures where supplies are currently limited (e.g. low-income and rural residential housing). In the medium growth scenario, Boissevain-Morton will need 89 new housing units by the year 2041, in addition to the 1,030 existing dwelling units. This would require the construction of an average of 4.5 housing units per year. In the high growth scenario, the need is twice as great, requiring 194 houses to be built by the year 2041. To meet this demand, developers in Boissevain-Morton would need to build 9.7 housing units per year. Based on the research and demographic trends, there will be a particular need within the Municipality of Boissevain-Morton to construct new low-income housing and provide a variety of housing typologies. Year Low Growth Scenario Medium Growth Scenario High Growth Scenario Projected Pop. New Housing Needed Projected Pop. New Housing Needed Projected Pop. New Housing Needed 2021 2,349 0 2,394 11 2,439 30 2026 2,344 0 2,436 29 2,528 69 2031 2,340 0 2,481 49 2,621 110 2036 2,336 0 2,526 68 2,717 151 2041 2,332 0 2,574 89 2,816 194 Municipality of Boissevain-Morton | Development Plan 11 Table 2, below, provides estimated needs for future housing and the land required to fulfill those needs, based on the high-growth scenario population projection and the minimum acres required per unit as discussed in the Boissevain-Morton Urban and Rural Residential Supply and Demand Study. Note that while other population projections are also plausible, using the high- growth scenario ensures enough land is available to accommodate the full range of future growth scenarios. Year Projected pop. Rural (un-serviced) Urban (serviced) Totals (High- Growth scenario) single family (rural res.) single family (cottage) single family (urban) semi- detached multi- family New Units New Acres New Units New Acres New Units New Acres New Units New Acres New Units New Acres New Units New Acres 2021 2,439 6 12 3 6 13 1.5 2 0.2 6 0.2 30 19.8 2026 2,528 14 28 7 14 30 3.4 4 0.4 14 0.4 69 46.2 2031 2,621 22 44 11 22 49 5.6 6 0.6 22 0.6 110 72.7 2036 2,717 30 60 16 32 67 7.7 8 0.7 30 0.8 151 101.2 2041 2,816 38 76 20 40 87 10.0 10 0.9 39 1.0 194 127.9 Table 2: Estimated New Dwelling Units & Acreage Required (Cumulative) 2021 - 2041 By 2041, the Municipality of Boissevain-Morton will need an estimated 128 acres to accommodate future population growth in the rural and urban areas under the high- growth scenario. 116 acres will be needed to accommodate development in the rural parts of the municipality, with and estimated 76 acres required for un-serviced rural residential development and 40 acres for cottage development. An estimated 11.9 acres are needed to accommodate future residential development within the urban area in Boissevain: 10 acres for serviced (urban) single-family development, 0.9 acres for semi-detached dwellings, and 1 acre for multi-family. Municipality of Boissevain-Morton| Development Plan 12 1.5 Climate Change Vulnerabilities The Prairie Climate Centre has published climate change forecasts for Manitoba municipalities in the Climate Atlas of Canada. The excerpt from the Climate Atlas Report for the Boissevain area provided in the table below shows the expected changes to precipitation, temperature, and frost-free season if greenhouse gas emissions continue to increase at current rates. These projections are based on the high carbon scenario (RCP 8.5) where carbon emissions continue to increase at current rates. This section discusses three expected changes in more detail: a) Increasing summer temperatures b) Warmer winters c) Changing precipitation .1 Increasing Summer Temperatures The Climate Atlas of Canada projects a significant rise in high-temperature events for the municipality. Average summer temperatures are expected to increase by 2.2°C in the near future (2021-2050) and 4.6°C in the far future (2051-2080). The amount of very hot days (+30°C) per year will also increase in Boissevain-Morton, from an average of 14 days to 30 days in the near future (an increase of 16 days) and 51 days in the far future (an increase of 37 days). Municipality of Boissevain-Morton | Development Plan 13 Figure 3: Number of +30 Degree Days, 2051 - 2080, High Carbon Scenario (RCP 8.5), Climate Atlas of Canada, 2022 Warmer temperatures will likely increase costs for cooling, cause stress on crops and animals, and increase the likelihood of diseases, pests, and drought events. The drought conditions already experienced in 2021 might foreshadow increasing dry periods in years to come. According to the Province of Manitoba's A Made-in- Manitoba Climate and Green Plan, ''Drought has historically been the most costly of climate impacts on the Prairie economy. It is slow in its onset, but it can continue for long periods of time over widespread areas. It spirals through our economy from those who are first affected, such as farmers, then to equipment dealers to agricultural service businesses. The environmental impacts on land, water, fish and wildlife are also high, as can be the social and mental health impacts'' (p. 38). Needless to say, a period of drought would have serious implications for the Municipality, particularly due to the importance of agriculture to the local economy. .2 Warmer Winters The number of very cold days (-30°C) per year is expected to shrink from 10 to 4 in the near future (2021-2050) and to 1 day in the far future (2051-2080). The frost-free season may increase from 128 days to 146 days in the near future to 164 days in the far future. The reduction in cold days and rise of frost-free days will provide a longer growing season for farmers and will reduce heating costs in winter. Municipality of Boissevain-Morton| Development Plan 14 Figure 4: Number of -30 Degree Days, 2051 - 2080, High Carbon Scenario (RCP 8.5), Climate Atlas of Canada, 2022 However, this change will come with other challenges. As noted in Natural Resources Canada's From Impacts to Adaptation: Canada in a Changing Climate, ''An increase in climate variability and the frequency of extreme events would adversely impact the agricultural industry. A single extreme event (later frost, extended drought, excess rainfall during harvest period) can eliminate any benefits from improved 'average' conditions'' (p. 149). Due to the importance of the agricultural industry to Boissevain- Morton, the Municipality must plan to mitigate and adapt to these potential effects of climate change. .3 Changing Precipitation Due to the numerous factors involved in producing precipitation, it is generally one of the most difficult climate variables to predict. Overall, climate models forecast that the region will experience a slight increase in annual precipitation, from 500 mm per year to more than 530 mm per year in the future. Municipality of Boissevain-Morton | Development Plan 15 Figure 5: Precipitation, 2051 - 2080, High Carbon Scenario (RCP 8.5), Climate Atlas of Canada, 2022 Most of this increase is expected to come in the spring, where precipitation is likely to increase by an average of 15mm in the near future (2021-2050) to 23mm in the far future (2051-2080). High projections show the Municipality of Boissevain-Morton could experience close to double the amount of spring precipitation from current rates, with an increase from 118mm to 230mm in the 2051-2080 period. This could lead to increased spring flooding events and erosion. Average precipitation amounts during the rest of the year are predicted to remain close to current levels, with slight mean increases in fall and winter precipitation and slight decreases predicted to summer precipitation (which could further contribute to drought scenarios described above). .4 Planning Implications The municipality's ability to adapt to climate change is directly linked to the long-term viability of its agricultural sector and its access to clean drinking water. If these two factors are in place, the municipality will be well-positioned for the future and may even be able to capitalize on population shifts as people move away from areas most affected by climate change to more favourable areas. This Development Plan includes goals and policies to guide new development to both mitigate and adapt to climate change. Municipality of Boissevain-Morton| Development Plan 16 2 GENERAL DEVELOPMENT PART TWO presents goals and policies that apply to land use and development throughout the Municipality of Boissevain-Morton. These goals and policies should be reviewed with respect to all proposed development, including those within the designated areas outlined in Part Three. Municipality of Boissevain-Morton | Development Plan 17 2.1 Application This section of the Development Plan outlines the general goals and policies that will guide the overall planning and development of the Municipality of Boissevain- Morton. The goals and policies are intended to apply generally throughout the Municipality of Boissevain-Morton including both rural and urban areas. 2.2 General Goals & Policies GOALS .1 Ensure Consistency with Vision To ensure that the use and development of land is consistent with the community's vision for the future. .2 Provide a Range of Facilities To provide the range of residential, recreational, educational, cultural, commercial, industrial, entertainment, health and social services and facilities necessary to serve all residents of the Municipality of Boissevain-Morton. .3 Encourage Sustainable Land Use and Development To encourage sustainable use and development of the land that is in the best interests of the Municipality of Boissevain-Morton and its residents in both the short term and the long term. Municipality of Boissevain-Morton| Development Plan 18 .4 Promote Economic Diversification To promote economic diversification in a manner that is compatible with the existing rural agricultural and urban service centre lifestyles of the municipality. .5 Recognize Heritage Values To recognize the value of important cultural, archaeological, and historical sites and buildings. POLICIES .6 Continuance of Existing Land Use Nothing in this Development Plan will affect the continuance of existing land uses that were lawfully in existence prior to the coming into force of this By-law. .7 Protection of Historic, Cultural or Archaeological Sites No development or land use will be allowed if it may endanger any site, building or other structure with historic, cultural, or archaeological significance that has been recognized by a municipal, Provincial, Federal or Indigenous Government without that organization's consent. .8 Location of New Development Growth and development within the Municipality of Boissevain-Morton will be directed to infill the existing built-up areas and urban settlements in order to reduce the cost of possible future piped services as well as increasing the efficiency of existing roads, hydro and telephone services. .9 Permitted and Conditional Uses The permitted and conditional uses and detailed site requirements in the implementing zoning by-law will be determined in accordance with the policies contained in this Development Plan. Developments with potentially negative side effects (like noise pollution) should be prescribed as conditional uses in a zone. .10 Provincial and Federal Acts and Regulations The adoption of this Development Plan does not release a proponent of a development from other requirements of the Provincial and Federal governments. All development must abide by the requirements of applicable Provincial and Federal Acts and Regulations. Municipality of Boissevain-Morton | Development Plan 19 2.3 Land & Water GOALS .1 Preserve Biodiversity and Habitat To preserve and improve biodiversity, critical and significant wildlife habitat, water quality, water storage, and the health of wetlands and riparian areas. .2 Protect Drinking Water Sources To protect the quality of municipal drinking water sources, including surface and groundwater. .3 Promote Wise Use of Resources To promote wise use of resources (including water, aggregates, minerals, and forests) and protect areas with significant resource potential from incompatible forms of development. .4 Reduce Risks To reduce risks to life, health, safety, property and ecosystem health that are associated with flooding and erosion. .5 Connect to Provincial Parks and Peace Gardens To continue to build on the connections between our municipality and nearby provincial parks and the International Peace Gardens. Municipality of Boissevain-Morton| Development Plan 20 .6 Support Green Energy To support green energy (e.g. geothermal, solar power, wind energy). .7 Ensure Public Access to Water To ensure all residents continue to have access to public resources such as lakes, streams, and creeks. .8 Recognize the Value of Whitewater Lake To recognize the value and importance of Whitewater Lake. A globally significant Important Bird Area and one of Manitoba's Wildlife Management Areas, continued discussions regarding the lake are of vital importance to both the municipality and larger region. The Municipality of Boissevain-Morton will work with the Souris River Watershed District and neighbouring Municipality in these discussions regarding land uses around the lake and lake water levels. POLICIES .9 Land Subject to Flooding and Erosion Policies a) Development should be directed away from land subject to flooding and land subject to erosion (shown on the Development Restrictions maps in Part Six). Development of permanent structures in these areas shall not be allowed unless: a. Risks to life, property and ecosystem health are mitigated or proven to be minimal; b. The top of the foundations of structures of all permanent buildings are constructed a minimum of two feet above the design flood level; c. Existing topography is retained, where appropriate, unless changes are needed for flood protection; d. Existing tree, vegetation cover and near-shore aquatic habitat are preserved to reduce erosion, protect water quality, and maintain bank stability; and e. Existing natural features and functions are protected, restored or improved. b) Where permanent structures are not allowed on land subject to flooding and land subject to erosion, the land still may be suitable for uses such as grazing, sustainable resource harvesting, recreation, transportation and above ground or underground utilities, flood or erosion control, storm water management and conservation and other types of development that mitigates or eliminates potential risks and meets the above criteria. Municipality of Boissevain-Morton | Development Plan 21 .10 Shoreline and Riparian Area Policies Land must not be cleared or developed to the water's edge of creeks, streams and lakes. An adequate buffer of undisturbed native vegetation must be retained (and rehabilitated, where possible) to reduce erosion and sedimentation, protect water quality and fish habitat and provide for wildlife as follows: a) A 15-metre undisturbed native vegetation area for lands located adjacent to first or second order drains and artificially created retention ponds; and b) A 30-metre undisturbed native vegetation area for lands located adjacent to all natural water bodies and waterways and other third or higher order drains. Developments that create minor disturbances to the natural vegetative cover in riparian areas, such as docks and pathways, may be permitted in those areas, provided that not more than 25% of the length of the lot's shoreline is affected. In agricultural zones, landowners are encouraged to work with the Pembina Valley and Souris River Watershed Districts to implement best management practices outlined in integrated watershed management plans to restore and protect riparian buffer zones outlined in a) and b), above. Proposed alteration within this native vegetation area may be referred to the federal or provincial authorities having jurisdiction for their review. Municipality of Boissevain-Morton| Development Plan 22 .11 Protection of Wetlands Development should not result in alteration or damage to permanent or semi- permanent wetlands by ditching, filling, pumping, subsurface drainage, wetland consolidation, or other works or means, unless it is required for the purpose of essential public works (such as flood mitigation) that have been approved by the Municipality. For illustrative purposes, the Development Restrictions maps show potential permanent or semi-permanent wetlands in the area. Alteration of wetlands is also subject to provincial approval under The Water Rights Act. Developers should review The Water Rights Act before initiating development proposals. .12 Mandatory Well Sealing Landowners should work with the Souris River Watershed District and Pembina Valley Watershed District to seal wells if: they are unused or abandoned; they are in areas that become serviced by public water systems; or they do not meet provincial water safety standards. .13 Green Energy Green energy, such as wind and solar power, shall be considered where appropriate, subject to requirements in the zoning by-law. They should be located and developed in a manner that minimizes any incompatibility with neighbouring land uses, agricultural cultivation, and the health and safety of residents. .14 Protection of Critical and Significant Wildlife Habitat Areas of critical and significant wildlife habitat, including wooded areas and other habitat crucial to the stability of wildlife (identified on the Development Restrictions maps): a) Must be protected from incompatible land use and development. If the adverse impacts of development on critical and significant wildlife habitat cannot be avoided, the impacts must be minimized and mitigated by using appropriate measures to preserve, create or restore the value of land and habitat; b) Should not be fragmented. Development that will result in fragmentation must be minimized and suitably mitigated; c) Should be prioritized for rehabilitation, if they have been degraded. Voluntary actions to conserve and rehabilitate critical and significant wildlife habitat on private land is encouraged. Note that the Souris River and Pembina River Watershed Districts may be able to provide incentives to preserve and conserve habitat and funding to restore habitat. Municipality of Boissevain-Morton | Development Plan 23 .15 Aggregate Potential To avoid land use conflicts that might prevent the extraction of aggregate resources, only uses compatible with resource extraction shall be allowed in areas identified as having aggregate potential and locations immediately adjacent to these deposits. For illustrative purposes, see the Development Restrictions maps for locations with aggregate potential. .16 Mineral and Aggregate Exploration and Development Mineral exploration and development must be conducted in a sustainable manner that allows it to co-exist with the community's vision for the Municipality of Boissevain-Morton. An environmental impact assessment analysis and statement may be required for any proposed mineral extraction activity within the jurisdictional boundary of the municipality. Such studies may be required to determine both primary and secondary impacts. Typical impacts could include: physical environment impacts; social environment impacts; aesthetic environment impacts; and economic environment impacts. These potential impacts will be dealt with in the permitting process as set out in provincial legislation. .17 Hazardous Uses The following policies apply to facilities or developments which manufacture, handle, store or distribute hazardous materials: a) Wherever possible, new facilities should be separated from urban areas, buildings used for human occupation, and public drinking water sources; b) Hazardous facilities should not be located closer to dwellings or provincial highways than permitted or recommended by the appropriate Provincial government department; c) Where new development of a potentially hazardous use is proposed, information may be required of the applicant relating to: the nature of any potential discharges into the air, soil or water; the nature of outside storage requirements; the compatibility of surrounding land uses; and plans for mitigating any potentially hazardous effects. .18 Undeveloped Municipal Road Allowances Portions of municipal road allowances presently in their natural state or in an uncleared or uncultivated state shall be left in such a state. No person shall remove, reduce, restrict, or diminish all or any portion of natural vegetation, timber or minerals contained within or upon a road allowance, including clearing or cultivating a road allowance for farming, unless duly authorized by the Municipality through a permit for the private use of an undeveloped road allowance, in accordance with the Municipal Road Allowances By-Law. Municipality of Boissevain-Morton| Development Plan 24 2.4 Transportation & Municipal Infrastructure GOALS .1 Ensure High-Quality Municipal Water Supply To ensure municipal water is clean, high-quality and accessible to all, with an adequate supply to meet future needs and a changing climate. .2 Improve Waste Systems To build a new sewage lagoon and continually improve other municipal waste systems, including garbage pickup, recycling and composting. .3 Develop Trail System To develop the municipality's trail system to support biking, walking, cross-country skiing, and other forms of active transportation. .4 Improve Internet Access To improve access within the municipality to fast and reliable internet. .5 Compatibility with Existing and Planned Networks To continue sustainable upgrades to utility and transportation networks (including rural roads) and ensure that new development considers climate change and minimizes the risks to quality of life, public health and safety. .6 Climate Change and Emergency Preparedness To prepare for risks associated with climate change and ensure the Municipality can provide essential services in case of emergencies and natural disasters. Municipality of Boissevain-Morton | Development Plan 25 POLICIES .7 Piped Service Hookup The owner of a building within an area serviced by piped water or wastewater infrastructure will generally be required to connect the building to the services. Proposed developments outside of the areas serviced by municipal piped water or wastewater infrastructure services will be responsible for the provision of their own services in accordance with Provincial and Federal regulations. .8 Development Near Wastewater Treatment Lagoons New residential development shall generally not be allowed within 460 metres of a wastewater treatment lagoon until the lagoon has been decommissioned, tested and deemed safe for such uses. Other uses, including park and recreational uses, may be considered within the buffer area and on top of a former lagoon site, where other uses may not be allowed even after remediation. .9 Solid Waste Disposal Capacity Before approving a new development, confirmation is required that local or intermunicipal solid waste facilities have sufficient capacity to accommodate any additional waste that may be generated by the new development. .10 Development Near Waste Disposal Ground No dwelling may be constructed within 400 metres of the property line of an operating or abandoned waste disposal ground, nor within 100 metres of a seasonal waste facility, unless construction of the dwelling is approved by provincial authority having jurisdiction. .11 Road and Street Systems Roads or street networks associated with a proposed development should be designed and integrated with both the existing and planned road and street systems of the adjacent areas in accordance with prevailing local and provincial standards. Where appropriate, road systems in a secondary plan or plan of subdivision should: a) Be integrated with the existing road system so as to provide at least two points of access; b) Promote a network or grid of streets; and c) Maintain or encourage scenic views of important natural or human-made features (e.g. lakes, fields, public buildings, or designated historic sites). Municipality of Boissevain-Morton| Development Plan 26 .12 Access to All-Weather Road New development should have legal access to an all-weather road of sufficient standard and capacity, unless the proponent makes an agreement with the Municipality to upgrade an existing road or develop new road access to a standard agreed upon by the Municipality. The proponent may be responsible for part or all of the costs of this roadway construction, to be determined on a case-by-case basis. .13 Development Generating Significant Traffic New development which has the potential to generate significant vehicle or truck traffic should be directed away from those areas and land uses where such levels of traffic could endanger public safety. .14 Standards for Public Roads The following factors for public roads should be considered in addition to other established standards: a) Future use, staging of construction, density of traffic, type of traffic, drainage, and snow storage capacity; and b) The maintenance of adequate surface drainage and reduction of long-term maintenance costs through the use of ditches, culverts and shoulders with sufficient width to provide structural strength. .15 Development Adjacent to Provincial Highways The following standards shall apply to development adjacent to Provincial Highways, to the satisfaction of the provincial authorities having jurisdiction: a) A permit issued by the Province of Manitoba is required prior to constructing any access onto a provincial trunk highway or a provincial road. A permit is also required for any modification, relocation or intensification of use of an existing access. b) Any development proposed within the controlled area of a provincial trunk highway or provincial road, as defined under The Transportation Infrastructure Act, requires a permit issued by the Province. c) Any development requiring drainage into a provincial highway ditch requires provincial approval. The cost of any revisions required to the existing highway drainage system, which are directly associated with a particular development, will be the responsibility of the developer. d) Development that may negatively affect plans for road widening or expansion must not be allowed unless provisions are made to accommodate future widening or expansion. Municipality of Boissevain-Morton | Development Plan 27 e) Development that may reduce the safe and efficient operation of the highway is not allowed. Where possible, access to development should be from the municipal road system. f) Strip development along the highway that relies on individual accesses will not be allowed. Access should be via the municipal road system to the provincial system. g) Expansion of existing development that is bordered on one side of a transportation corridor, such as a provincial highway, major road or rail line, should be kept to the developed side of the corridor so as not to jeopardize user safety and efficiency. .16 Active Transportation and Pedestrian Infrastructure The Municipality of Boissevain-Morton will support active transportation and pedestrian travel by: a) Expanding the existing network of trails and active transportation infrastructure over time; b) Requiring plans for new development to link streets, trails, and sidewalks to the existing transportation and active transportation network, where appropriate; c) Encouraging the provision of secure bicycle parking or storage facilities in new commercial, industrial and multi-family housing development within the urban centre; and d) Designing sidewalks, trails and streets in the municipality in a way that provides safe, attractive, interesting and comfortable spaces including amenities that may include pedestrian-scale lighting, tree planting, quality street furnishings and decorative paving. .17 Public Utilities The Municipality will support public utilities by: a) Permitting the essential activities and development of public utilities in all land use designations, subject to requirements in the Municipality of Boissevain- Morton Zoning By-Law. Such uses should be located and developed in a manner that will minimize any incompatibility with neighbouring land uses; b) Protecting existing utilities from incompatible land uses which may threaten or adversely affect their operation; and c) Encouraging cooperative inter-municipal servicing initiatives. Municipality of Boissevain-Morton| Development Plan 28 3 POLICY AREAS PART THREE presents goals and policies that will guide the planning and development of distinct policy areas within the Municipality of Boissevain-Morton. The goals and policies for a specified policy area only apply to such areas as shown on the Policy Area maps contained in Part Six of this Development Plan. Municipality of Boissevain-Morton | Development Plan 29 3.1 NAT - Natural Area GOALS .1 Preserve and Enhance Natural Beauty To preserve and enhance the natural beauty of the area and provide access to areas with scenic value or recreational potential. .2 Safeguard Fragile Environments To safeguard sensitive or fragile environments from incompatible development. .3 Preserve Bird and Wildlife Habitat To preserve areas like those around Whitewater Lake that are capable of supporting birds and wildlife which are not suitable for agriculture. .4 Support Watershed Districts and Conservation Organizations To support Souris River Watershed District and Pembina Valley Watershed District in the implementation of their integrated watershed management plans, and to support other non-profit conservation organizations with land in the municipality. Municipality of Boissevain-Morton| Development Plan 30 POLICIES .5 Intent Land designated as a Natural Area should be left in its natural state or used for compatible purposes such as animal grazing or wildlife viewing. Where the land is currently being cultivated for agriculture or used for another purpose, that use may continue; however, natural rehabilitation shall be encouraged. .6 New Development Prohibited New development is prohibited on land designated as a Natural Area, except where required to support the conservation of biodiversity or low-impact recreational uses (e.g. trails). .7 Critical Habitat and Sensitive Environments Areas critical to the existence of rare or endangered plants or animals, significant natural features, and other identified sensitive or fragile environments will be safeguarded from development that could damage or degrade these environments. Outdoor recreational uses that are located near critical and significant wildlife habitat should be planned in a manner that is consistent with the management of those lands and helps ensure the ecological integrity of those areas. .8 Public Access Public access to designated Natural Areas will be encouraged to foster appreciation for and enjoyment of nature but such access should not lead to levels of activity which will exceed the capability of the area to sustain the use. .9 Identification and Protection Encouraged The Municipality of Boissevain-Morton encourages the identification and protection of natural areas and habitats that are currently unprotected from potentially incompatible development. If new large tracts of land are acquired or identified for conservation purposes (e.g. by the Souris River Watershed District, Pembina Valley Watershed District, or a non- profit conservation organization), the area should be considered for designation as a Natural Area in the development plan. Municipality of Boissevain-Morton | Development Plan 31 3.2 AGA - Agricultural General Area / AGR - Agricultural Restricted GOALS .1 Recognize Importance of Agriculture To recognize the importance of agriculture to the Municipality of Boissevain-Morton. .2 Preserve Agricultural Land To preserve the prime agricultural farmland and viable lower class agricultural land in the municipality. .3 Prepare for Climate Change To prepare for climate change, such as more extreme weather events and more frequent droughts. .4 Provide Opportunities for Specialized Agriculture and Horticulture To provide opportunities for specialized agriculture and horticulture on small or fragmented parcels of land. .5 Minimize Potential for Conflicts with Livestock Operations To minimize potential land use conflicts and provide clarity to agricultural producers, through siting considerations for livestock operations. Municipality of Boissevain-Morton| Development Plan 32 POLICIES .6 Intent Land designated for agricultural use should be used predominantly for agricultural operations and should be protected from encroachment by new non-agricultural development, which might unduly interfere with the continued operation or future expansion of agricultural operations. .7 Uses with a Negative Impact Agricultural uses which may have an impact on surrounding uses because of odour, traffic, visual appearance should be designated as Conditional Uses in the zoning by- Law. .8 Prevention of Fragmentation Land designated for agricultural use must generally be maintained in a minimum parcel size of at least 80 acres (32 hectares) to prevent further fragmentation. .9 Subdivision of Agricultural Land Land designated as Agricultural General Area (AGA) or Agricultural Restricted (AGR) may only be subdivided into a parcel smaller than 80 acres in the following circumstances: a) If it is to be used for a specialized agricultural operation in which high value, lower volume, intensively managed agricultural products are produced, such as an apiary, a nursery or a greenhouse, which requires a smaller land holding; b) If it is on an existing farmstead site, where i. the site is no longer required as part of an agricultural operation because the associated farmland has been acquired by another agricultural operation, or ii. subdivision of the farmstead site is necessary to allow the agricultural producer to continue to reside in the existing farm residence upon retirement; c) If a single lot subdivision for residential purposes is required for an individual who significantly participates in the agricultural operation on an ongoing basis and derives an income from it; d) If a single lot subdivision is proposed for rural residential purposes, recognizing that the population of the rural area of the municipality (formerly the RM of Morton) has continued to decline over the previous fifteen years; Municipality of Boissevain-Morton | Development Plan 33 e) If a single lot subdivision is proposed for a commercial or industrial use that is intended to i. provide services, machinery, equipment or goods specifically required by agricultural operations, or ii. store or process products grown or raised by an agricultural operation, but only if it is demonstrated that due to the nature or activity of the use it is essential that it be located in an agricultural area and needs to be located on a separate parcel; f) If a single lot subdivision is proposed for a parcel of land that has been physically isolated by such things as a transportation route or a water course, but only if the parcel is of a size, shape or nature that makes farming physically impractical. .10 Subdivision Limit A maximum of two residential one-lot subdivisions per 160-acre (65 hectare) title may be allowed for the circumstances described in subsections 3.2.9 (a) to (d). Existing approved and registered subdivisions shall be counted in determining the remaining subdivision potential of each quarter section. .11 Non-agricultural parcels Non-agricultural parcels created in accordance with subsections 3.2.9 (b) to (e) a) must not be wasteful of agricultural land; b) should, if possible, be directed away from prime agricultural land and existing livestock operations; and c) if applicable, must be confined to the existing shelterbelt that forms part of a farmstead site. .12 Livestock Operation Mutual Separation Distances The development or expansion of livestock operations may be considered in areas of the Municipality of Boissevain-Morton designated as Agricultural General Areas (AGA). The Zoning By-Law for the Municipality of Boissevain-Morton will establish mutual separation distances between existing livestock operations and any new or proposed settlement areas; parks or recreational areas; or residential dwellings not associated with the livestock operation. These mutual separation distances must be consistent with the standards prescribed in the Provincial Planning Regulation. Municipality of Boissevain-Morton| Development Plan 34 .13 Small-Scale Industrial and Commercial Uses in Agricultural Areas As a measure to support those engaged in agricultural activities with other economic means to improve the viability of the farm operation, small scale industrial uses and commercial uses may be approved as part of a farm operation in the Agricultural General Area (AGA) or Agricultural Restricted (AGR) policy area, in accordance with the overall goals and policies for these areas. They shall be secondary to a primary agricultural or farmstead use and be modest in scale and investment. They should not generate significant levels of traffic or otherwise have adverse effects on neighbouring land uses. Such accessory commercial and industrial activities will be treated as home-based businesses or industries in the municipality's zoning by-law. .14 Oil Batteries Oil batteries shall be identified as Conditional Uses in the general agricultural zone of the zoning by-law. Oil batteries should be located and developed in a manner that minimizes any incompatibility with neighbouring land uses and the ability to carry out normal agricultural activities. AGRICULTURAL RESTRICTED (AGR) POLICIES In addition to the policies above, the following policies only apply in areas identified as Agricultural Restricted (AGR) on the Policy Area maps and defined as follows: a) A 3.2-kilometre (2 mile) area surrounding the existing Boissevain urban area to prevent conflicts with livestock operations; b) A 1.6-kilometre (1 mile) area north of Turtle Mountain Provincial Park to protect the quality of recreational uses in the park; c) A 1.6-kilometre (1 mile) area around public wells and other drinking water sources identified as Drinking Water Focus Areas in the Pembina River and Souris River Integrated Watershed Management Plans, to protect these sources. .15 Development and Expansion of Livestock Operations in the AGR Area The development of new livestock operations will not be allowed in areas identified as Agricultural Restricted (AGR) on the Policy Area maps. However, existing livestock operations will be allowed to continue to operate or expand their operations, provided they have the required approvals from the applicable government authorities having jurisdiction. .16 Protection of Drinking Water Sources Intensive and high-pollution risk development (including land uses and structures that have a high risk of causing pollution, including chemical fertilizer storage, disposal fields, fuel tanks, waste disposal grounds, and wastewater treatment facilities) shall be prohibited in areas identified as Agricultural Restricted (AGR) on the Policy Area maps to protect public drinking water sources, except where the proponent can prove (e.g. by adequate engineering or hydro-geological investigation) that the proposed activity will not cause pollution of the public drinking water supply. Municipality of Boissevain-Morton | Development Plan 35 3.3 RRC - Rural Residential and Cottage Area GOALS .1 Increase Range of Options To increase the range of rural residential and cottage options in the municipality. .2 Repopulate Rural Areas To bring new people to rural parts of the municipality where the population has been declining. .3 Require Appropriate Locations To ensure that rural residential and cottage development has access to required municipal services and is located in appropriate areas that do not limit agriculture, outdoor recreation or resource-based activities. .4 Provide for Future Development Opportunities To provide for future cottage expansion and tourism development opportunities in shoreline areas where such development is suitable. .5 Encourage Sustainable Living To encourage sustainable living through renewable energy and local food provision. Municipality of Boissevain-Morton| Development Plan 36 POLICIES .6 Intent The Rural Residential & Cottage Area should be used predominantly for rural residential development and cottage development. Other uses that are compatible with and serve residential or cottage uses, such as parks, recreation areas, and convenience stores, may also be considered in this designation, subject to the rules in the zoning by-law. .7 Lot Sizes Lot sizes in Rural Residential & Cottage Areas should be large enough to provide a rural character without wasting land. The size will be regulated in the zoning by-law. .8 New or Expanding Development When considering establishing a new development or expanding an existing development in the Rural Residential & Cottage Area, the cumulative impacts of the development should be assessed to demonstrate that the additional development will not: a) unduly impact existing rural residential and cottage development; b) create the requirement for urban-like services to serve the development; c) lead to the evolution of a new settlement centre; or d) detract from the natural and rural character that attracted development to the area. New or expanding development should be directed away from prime agricultural land, viable lower-class land and existing agricultural operations whenever possible. As a priority, such uses should be directed to areas where agriculture is less dominant (due, for example, to a combination of a diversity of landscape features, the predominance of lower-class land, a high degree of land fragmentation or the existence of a mixture of land uses). .9 Development Pattern Where rural residential and cottage development is considered appropriate, it should be encouraged to develop in a pattern that efficiently uses land, infrastructure and public services. .10 Tree Cover and Existing Vegetation Tree cover and other significant existing vegetation should be kept in its natural state as much as possible when developing lots in the Rural Residential & Cottage Area. Municipality of Boissevain-Morton | Development Plan 37 .11 Water New rural residential and cottage development will be encouraged to locate where there is an adequate supply of potable water. .12 Wastewater Where new rural residential or cottage development proposes on-site waste treatment, the lot size and location must comply with Provincial regulations and reflect the capability of local soils to adequately support an approved on-site waste treatment. Note that acceptance of any further wastewater at the Adam Lake wastewater treatment facility from existing or new development areas outside of Turtle Mountain Provincial Park would require a review of the current capacity at the wastewater treatment facility and approval from Manitoba Parks. .13 Charlton Lake Road Access Any road access to the designated Rural Residential & Cottage Area at Charlton Lake from William Lake Provincial Park will require a formal agreement with the Province regarding road development, improvement of existing roads, maintenance, and other factors. .14 Keeping of Animals The Zoning By-law may establish one or more rural residential zones to provide for different densities and the possibility of animal keeping (in numbers totaling less than 10 animal units of non-commercial livestock) for personal use, in numbers consistent with Provincial regulations. .15 Home-Based Businesses or Occupations Home-based businesses or occupations may be supported in a Rural Residential and Cottage Area, subject to the rules in the zoning by-law. They shall be secondary to a primary residential use and modest in scale and investment. They should not generate significant levels of traffic or otherwise have adverse effects on neighbouring land uses. For certain types of businesses, a home-based setting may be appropriate when first starting up; however, as the business grows and level of commercial activity increases, it may be more appropriate to relocate to a commercial property. Municipality of Boissevain-Morton| Development Plan 38 3.4 RCI - Regional Commercial and Industrial Area GOALS .1 Facilitate and Encourage Development To facilitate and encourage development, maintenance, and operation of strong, attractive and convenient commercial and industrial areas that serve the region as a whole. .2 Support Regional Agricultural Sector To support the municipality's agricultural sector by providing opportunities for growth in agro-commercial and industrial businesses. .3 Mitigate Adverse Effects To mitigate adverse effects that commercial and industrial development may have on residents or nearby land uses. .4 Safe and Efficient Access to Roadways To ensure safe and efficient access from commercial and industrial sites to major roadways and provincial highways. Municipality of Boissevain-Morton | Development Plan 39 POLICIES .5 Intent The Regional Commercial and Industrial Area is intended for commercial and industrial uses which benefit from proximity to a highway and/or serve the agricultural sector (including agro-manufacturing, farm implement sales, processing, warehousing and storage facilities). .6 Non-Agriculturally Related Development New non-agriculturally related commercial or industrial development should only be considered in rural areas where no suitable sites exist in the urban area of Boissevain or where they: a) Are deemed hazardous or incompatible in an urban setting; or b) Require larger site areas which are not available or appropriate in the urban area. .7 Efficient Land Use Commercial and industrial developments should provide enough land for potential expansion, while not wasting land. .8 Access to Roadways Development in a Regional Commercial and Industrial Area should be located and designed to facilitate movement of truck traffic to major roads and highways and minimize excessive truck and vehicle traffic through adjacent built-up areas. Direct access to the provincial highway system is not allowed; instead, access should be via an internal road system or municipal road system to the provincial system. .9 Mitigation of Adverse Effects Proposals for new developments in the Regional Commercial and Industrial Area must demonstrate how the proposed development will mitigate effects of noise, vibrations, dust, odours, or particulate matter that may be detrimental to other businesses or the amenity of neighbouring areas (e.g. buffering with tree and shrub planting, fencing, earth mounds, or other measures). .10 Outside Storage The zoning by-law should establish regulations for screening or locating outside storage to minimize negative effects on the view from neighbouring properties. Municipality of Boissevain-Morton| Development Plan 40 3.5 UNA - Urban Neighbourhood Area GOALS .1 Develop a Complete Community To provide all of the services needed to live, work, and play within a walking distance of one another. .2 Provide Variety of Housing Options To retain existing residents and attract new residents by offering a variety of urban residential housing options. .3 Logical Expansion To plan the expansion of residential development in a logical and orderly manner. .4 Increase Affordable Housing Stock To increase the supply of affordable housing in the municipality. .5 Allow for Aging in Place To continue to promote Boissevain-Morton as a place with attractive seniors housing options and to provide the ability for residents to "age in place." Municipality of Boissevain-Morton | Development Plan 41 .6 Add Density and Retain Character To provide opportunities to add density to residential neighbourhood areas, while retaining the character of established streets. .7 Provide Recreation Opportunities To promote and provide active and passive recreation opportunities that serve the municipality and the surrounding area. .8 Support Local Clubs To support local service, sport and activity clubs and encourage the participation of the public in the provision and development of park and recreation areas. .9 Encourage Tree Planting To recognize the importance of trees for urban cooling, reduced air pollution, improved mental well-being, and for their contribution to community character, with the goal of increasing the number of trees in our neighbourhoods over the next 20 years. POLICIES .10 Intent An Urban Neighbourhood Area shall accommodate a wide range of uses that contribute to a rich urban environment that is primarily residential in character. Uses may include (but are not limited to) housing, parks and recreation, small retail, schools and places of worship. .11 Range of Housing Options The Municipality of Boissevain-Morton will encourage a range of housing options--in terms of form, density, tenure and affordability--within Urban Neighbourhood Areas, which will be regulated in the zoning by-law. .12 Infill The Municipality will encourage infill development in existing residential areas to provide the most efficient and sustainable use of infrastructure and utilities. .13 Secondary Suites In order to encourage additional housing availability in the municipality, the zoning by-law will contain provisions to allow for secondary suites (which may include coach houses, basement suites, and garden suites) in urban zones, where appropriate. .14 Sustainability Landscaping and storm water management in Urban Neighbourhood Areas should be designed to promote environmental sustainability and anticipate an increased frequency and intensity of future extreme weather events due to climate change. Municipality of Boissevain-Morton| Development Plan 42 .15 New Neighbourhoods or Residential Developments Before land is subdivided for residential purposes or new major residential development is established, the proponent should provide a site plan illustrating the types, distribution, relationships and organization of land uses to be established within the planned development and how they will be phased and integrated with the development of the surrounding area, including extensions of transportation, water, wastewater and drainage infrastructure. Where reasonable, new residential areas should provide: a) Good connections to the surrounding streets and open spaces; b) A mix of uses and a range of building types; c) Uses and building scales that are compatible with adjacent development; d) A community focal point within easy walking distance of the neighbourhood's residents and workers; e) A system of interconnected streets and pedestrian routes; f) A strategy to provide parkland and to protect, enhance or restore natural heritage; g) Community services or parks that benefit the town as a whole, or a strategy to support existing community services; and h) Tree-lined streets, preserving existing trees where possible and planting new trees as regulated in the zoning by-law. .16 Home-Based Businesses or Occupations Home-based businesses or occupations may be supported in Urban Neighbourhood Areas, subject to the rules in the zoning by-law. They shall be secondary to a primary residential use and modest in scale and investment. They should not generate significant levels of traffic or otherwise have adverse effects on neighbouring land uses. For certain types of businesses, a home-based setting may be appropriate when first starting up; however, as the business grows and level of commercial activity increases, it may be more appropriate to relocate to a commercial property. .17 Removal of Mature Trees The removal of mature trees in the Urban Neighbourhood Area is discouraged unless required for disease prevention, public safety or necessary public works. Should removal of mature trees be necessary to accommodate new development, replacement trees shall be planted in a suitable location. Municipality of Boissevain-Morton | Development Plan 43 3.6 UCA - Urban Central Area GOALS .1 Provide a Convenient and Thriving Business District To provide a convenient and thriving retail and small business district and maintain a compact central urban area in order to promote the efficient use of services. .2 Shift to Pedestrian-Oriented Environment To transition auto-oriented developments along the highway corridor to more pedestrian-oriented environments over the time. .3 Community Beautification To support community beautification and streetscaping efforts for both community residents and visitors. .4 Provide Places for Art and Culture To provide places for arts, recreation and culture for all to enjoy. .5 Expanded Restaurant, Retail, Health Care, and High-Density Housing Options To expand the range of restaurant, health care, retail services and high-density housing options in the urban central area. Municipality of Boissevain-Morton| Development Plan 44 POLICIES .6 Intent The Urban Central Area should be maintained as the most intensive commercial, residential, social and cultural area in the municipality containing such uses as: a) Cultural, recreational and institutional uses, such as government offices, libraries, museums, and other public buildings; b) Retail, restaurants and office buildings; c) Mixed-use commercial/residential development; d) Medium to high-density residential development; e) Health care facilities; f) Light industrial uses; and g) Recreation areas and parks. .7 Other Uses Uses not described in the above policy, including low-density residential uses and heavy industrial uses, should be directed to other areas of the municipality. .8 Enabling Attractive Public Realm Development in the Urban Central Area should enable an attractive public realm and comfortable pedestrian environment by: a) Providing minimal building setbacks from the public right-of-way to the street edge, where possible; b) Having building entrances provide direct access to the public sidewalk; c) Encouraging high-quality landscaping and street trees; d) Creating a connected network of streets that are accessible; e) Requiring the provision of accessible parking spaces, signage and standards in the zoning by-law; and f) Minimizing impacts of vehicular access and parking on the pedestrian environment by encouraging parking lots to be located to the rear or side of buildings. .9 Transition to Urban Neighbourhood Area New development adjacent to an Urban Neighbourhood Area must transition in appropriate scale and density. Mitigate negative shadow impacts and ensure adequate sunlight on neighbouring residential properties by using the corridor right- of-way as a guide to determine maximum building height, where appropriate. Municipality of Boissevain-Morton | Development Plan 45 4 IMPLEMENTATION PART FOUR presents an overview of the planning tools used to implement this Development Plan. Municipality of Boissevain-Morton| Development Plan 46 The policies outlined in this Development Plan will be implemented through the following measures and methods: 4.1 Adoption of this Development Plan Adoption of this Development Plan by by-law of the Municipality of Boissevain- Morton will give the plan the force of law. Once this Development Plan is adopted, all development carried out within the municipality must be consistent with the goals and policies set out in the Development Plan. 4.2 Review & Amendment The Development Plan should be reviewed periodically and revised if necessary to anticipate and respond to changing conditions within the Municipality of Boissevain- Morton. The Development Plan may be amended at any time when considered appropriate or necessary by the Municipality of Boissevain-Morton. The Municipality intends to review this Development Plan no later than ten years after the date on which this plan comes into effect. 4.3 Subdivision Approvals Proposals involving the subdivision of land will be subject to a review and approval process involving the Municipality of Boissevain-Morton, utility companies and certain provincial government departments. Subdivisions must be consistent with policies and vision written in this Development Plan as well as complying with the regulations in the zoning by-law, and other applicable by-laws and government regulations. 4.4 Zoning By-Law The goals and policies in this Development Plan will be largely implemented through the municipal zoning by-law. The zoning by-law will set out specific regulations for land use and development that conform to the Development Plan. The goals and policies in this Development Plan are intended to provide guidance to the municipal Council when preparing or amending the zoning by-law and in making decisions on development applications. Municipality of Boissevain-Morton | Development Plan 47 4.5 Secondary Plans The Municipality of Boissevain-Morton Council may also adopt a secondary plan to provide more guidance for development in a specific area or for particular development related issues. A secondary plan may deal with goals and issues in any part of the municipality on matters regarding: any part of this Development Plan; subdivision, design, road patterns, building standards, heritage resources, sensitive lands, other social factors such as economic development, or other land use and development matters. 4.6 Adoption of Other By-Laws The Municipality of Boissevain-Morton has the authority to adopt and administer other by-laws respecting the use, development and maintenance of land (such as a building by-law, property maintenance by-laws, access approval by-laws, drainage by-laws and other types of by-laws affecting the use of land). 4.7 Special Studies and Concept Plans Proponents may be required to undertake and submit special studies as part of the approval process for certain types of development proposals. Engineering or other professional studies (including the preparations of traffic impact studies by a qualified professional) may be required for development proposed for lands affected by natural hazards, flooding, heritage resources, endangered species, potential for groundwater or surface water pollution, or a general risk to health, the environment, and property. Detailed concept or secondary plans may also be required to direct the location, nature, and timing of development in a manner that is consistent with the intent of this Development Plan. Municipality of Boissevain-Morton| Development Plan 48 5 DEFINITIONS PART FIVE presents definitions for all of the bolded phrases in this Development Plan. Municipality of Boissevain-Morton | Development Plan 49 "agricultural operation" means an agricultural, horticultural or silvicultural operation that is conducted in order to produce agricultural products on a commercial basis, and includes: a) the production of crops, including grains, oil seeds, hay and forages, and horticultural crops, including vegetables, fruit, mushrooms, sod, trees, shrubs and greenhouse crops; b) the use of land for livestock operations and grazing; c) the production of eggs, milk and honey; d) the raising of game animals, fur-bearing animals, game birds, bees and fish; e) the processing necessary to prepare an agricultural product for distribution from the farm gate; f) the operation of agricultural machinery and equipment, including the tillage of land and the application of fertilizers, manure, soil amendments and pesticides, whether by ground or aerial application; g) the storage, use or disposal of organic wastes for agricultural purposes. "design flood" means a flood magnitude on a water body that, on average, is expected to occur once during a two hundred year period. In areas where the two hundred year flood has not been modelled, the design flood will mean a flood magnitude on a water body that, on average, is expected to occur once during a one hundred year period. "development" means a) the construction of a building on, over or under land; b) a change in the use or intensity of use of a building or land; c) the removal of soil or vegetation from land; and d) the deposit or stockpiling of soil or material on land and the excavation of land. Municipality of Boissevain-Morton| Development Plan 50 "land subject to erosion" means land with eroded soils or that is likely to be eroded or become unstable within a 50-year period due to the action of water, wind, or other force of nature. "land subject to flooding" means land that a) is inundated by floods up to and including the design flood; b) has a known history of flooding; or c) experiences flooding during a flood event of a magnitude specified by the Province in areas protected by flood control works. "livestock operation" means a permanent or semi-permanent facility or non-grazing area where at least 10 animal units of livestock are kept or raised either indoors or outdoors, and includes all associated manure collection facilities, but does not include an auction mart. "owner", in relation to property, means a person who is the owner of a freehold estate in the property, and includes a) a person who is an owner with another person as joint tenant or tenant in common of a freehold estate; b) a person who is the registered owner of a unit under The Condominium Act; and c) a real owner, as defined in subsection 1(1) of The Municipal Assessment Act. "parcel of land" means the aggregate of all land described in any manner in a certificate of title. "prime agricultural land" means the following land: a) land composed of mineral soil determined to be of dryland Agricultural Capability Class 1, 2 or 3; b) a land unit of one quarter section or more, or a river lot, in which 60% or more of the land is dryland Agricultural Capability Class 1, 2 or 3; c) land composed of organic soil determined to be of dryland Agricultural Capability Class O1, O2, or O3; d) land determined to be of Irrigation Suitability Class 1A, 1B, 2A or 2B. Municipality of Boissevain-Morton | Development Plan 51 "riparian" means land on the banks of or near a water body that, due to the influence of water, is capable of naturally supporting an ecosystem that is distinct from the ecosystem of the adjacent upland areas. "rural residential" means a non-farm, single family residential development with a larger lot size and that is located outside a settlement centre. "settlement centre" means an incorporated city, town or village, and includes a settled area that has a) 25 or more permanent residences; b) a mix of commercial and community services; and c) a historic basis or place name. "subdivision " means the division of land by an instrument, including a) a plan of subdivision, conveyance, deed, mortgage or grant; or b) an agreement granting or extending a use of or right in land, directly or indirectly or by an entitlement to renewal, for a period of 21 years or more; but not including a lease respecting only floor space in a building. Municipality of Boissevain-Morton| Development Plan 52 6 DEVELOPMENT PLAN MAPS PART SIX presents land use maps showing the location of the designated policy areas described in Part Three of this Development Plan and maps showing development restrictions. The maps include: 1. Development Restrictions -- Reference Map 1 2. Development Restrictions -- Reference Map 2 3. Policy Area Map - Rural - Map One 4. Policy Area Map - Urban - Map Two 5. Policy Area Map - Rural - Map Three 6. Policy Area Map - Rural - Map Four 7. Policy Area Map - Rural - Map Five 8. Policy Area Map - Rural - Map Six