RM of Montcalm Development Plan - By-Law No. 789/18 Schedule A
Rural Municipality of Montcalm, Manitoba
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Rural Municipality of Montcalm Development Plan
By-law No. 789/18
Prepared by Community and Regional Planning
Municipal Relations
Morden Region
536 Stephen St., Unit A
Morden, MB R6M 1T7
"Schedule A"
Montcalm Development Plan By-law No. 789/18
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Table of Contents
PART 1: INTRODUCTION .................................................................................................... 2
1.1
DEVELOPMENT PLAN BASIS ......................................................................................................... 2
1.2
DEVELOPMENT PLAN PURPOSE ................................................................................................... 2
1.3
DEVELOPMENT PLAN FORMAT.................................................................................................... 3
1.4
DEVELOPMENT PLAN INTERPRETATION .................................................................................. 3
1.5
PLANNING HISTORY ....................................................................................................................... 4
1.6
KEY CHARACTERISTICS ................................................................................................................ 4
1.7
MAJOR LAND ISSUES ...................................................................................................................... 5
1.8
MUNICIPAL PRINCIPLES AND GOALS OVERVIEW ..................................................................... 5
1.9
MUNICIPAL GOALS ......................................................................................................................... 6
1.10
APPLICATION OF DEVELOPMENT PLAN .................................................................................... 7
PART 2: GENERAL POLICIES ............................................................................................ 9
2.1
INTRODUCTION................................................................................................9
2.2
OBJECTIVES ..................................................................................................................................... 9
2.3
POLICIES ......................................................................................................................................... 10
PART 3: RURAL AREA POLICIES ................................................................................... 18
3.1
INTRODUCTION ............................................................................................................................. 18
3.2
OBJECTIVES FOR RURAL POLICY AREAS................................................................................ 19
3.3
POLICIES .......................................................................................................................................... 20
PART 4: BUSINESS POLICY AREAS ............................................................................... 27
4.1
INTRODUCTION............................................................................................. 27
4.2
OBJECTIVES ................................................................................................................................... 27
4.3
POLICIES ......................................................................................................................................... 27
PART 5: SETTLEMENT CENTRE POLICIES ................................................................ 30
5.1
INTRODUCTION ............................................................................................................................. 30
5.2
RESIDENTIAL .................................................................................................................................. 31
5.3
COMMERCIAL AND INDUSTRIAL .............................................................................................. 32
5.4
INSTITUTIONAL ............................................................................................................................. 32
PART 6: IMPLEMENTATION ........................................................................................... 34
6.1
BASIC IMPLEMENTAION MEASURES ....................................................................................... 34
6.2
ADDITIONAL MEASURES............................................................................................................. 36
6.3
INTERPRETAION ............................................................................................................................ 37
APPENDICES............................................................................................38
Montcalm Development Plan By-law No. 789/18
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PART 1: INTRODUCTION
1.1
DEVELOPMENT PLAN BASIS
Municipal land use planning in Manitoba has its basis in The Planning Act. The Act makes
provision for the preparation and adoption of Development Plans and Zoning By-laws to
guide and promote growth in a community. In general, a Development Plan is a statement
of objectives and policies which are written and designed to promote the orderly physical,
social, economic and environmental sustainability of a community.
The Rural Municipality (R.M.) of Montcalm Development Plan sets out policies that will
guide the Municipality's growth and development over the next 20 years. The
Development Plan is intended to be a strategic document to address sustainable land use
and infrastructure, social and economic development, and environmental protection. The
Development Plan is comprehensive and long-term in scope providing specific policies to
guide decisions on development for the next ten years. To ensure these policies remain
relevant, Council will undertake a review of this document after 10 years or earlier if
deemed necessary.
The R.M. of Montcalm carried out a review of their 1994 Development Plan in the fall of
2016 through the summer of 2017. Important issues and concerns were raised by members
of the local community and key stakeholders through a series of meetings, surveys and
public open house with consultation with the Municipal Council. Through this community
visioning process, key physical, social, economic and environmental attributes were
identified and key land use issues and concerns were raised and prioritized.
The 2018 Development Plan (By-law No. 789/18) has the overall goal of co-ordinating the
review of development proposals, ensuring that all relevant land use issues are examined.
Once adopted, the policies contained in this document provide the framework for all
municipal land use decisions and replace the Provincial Land Use Policies and the existing
Development Plan By-Law No. 472/93.
1.2
DEVELOPMENT PLAN PURPOSE
The requirements of a Development Plan are delineated in Section 42(1) of The Planning
Act and are outlined as follows. A Development Plan must:
(a) set out the plans and policies of the municipality respecting its purposes and its
physical, social, environmental and economic objectives;
(b) through maps and statement of objectives, direct sustainable land use, and
development in the municipality;
(c) set out measures for implementing the plan; and
(d) include such other matters as the minister or council considers advisable.
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1.3
DEVELOPMENT PLAN FORMAT
This Development Plan is comprised of two major elements; the written text and the land
use maps (see Appendices). The Development Plan is divided into five parts as follows and
an Appendices:
Part 1: Introduction is an Introduction to the Plan providing some general background
information, and guidance on how to interpret the land use plans as well as a statement of
broad municipal objectives based on the major planning principles incorporated into the
Development Plan.
Part 2: General Policies deals with general policies such as infrastructure issues pertaining
to utilities, drainage, transportation and municipal services.
Part 3: Rural Area Policies deals with rural area concerns, objectives and policies
regarding agriculture.
Part 4: Settlement Centre Area Policies deals with settlement centre concerns, objectives
and policies regarding residential, commercial and industrial development.
Part 5: Implementation contains information on the administration and implementation
of the Development Plan.
Appendices: Appendix A contains the land use maps which divide lands in the
municipality into areas of permitted land uses, referred to as Policy Areas. Appendix B
contains reference maps.
1.4
DEVELOPMENT PLAN INTERPRETATION
Development Plans in Manitoba are the main planning document used to guide
development within a municipality. A Development Plan By-law falls within a
framework of land use planning documents.
Figure 1: Planning decision-making hierarchy
The Planning Act
Provincial Planning Regulations
Development Plan
Secondary Plan
Zoning By-law
Building By-law
Development
Agreements
Subdivision
Montcalm Development Plan By-law No. 789/18
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The Provincial Planning Regulation, lays out provincial interests and related policies for
land use planning in the province. Development Plans must be prepared in accordance with
Part 4 of the Provincial Planning Regulation and be generally consistent with the Provincial
Land Use Policies laid out in Part 3 of the Regulation.
The Land Use Maps in the Development Plan are instruments for illustrating the long term
development strategy. The achievement of the land use goals will take place over a period
of years as the existing land use pattern evolves. During this period the Zoning By-law will
provide the means to effect the transition.
Designated Policy Areas in the land use maps attempt to maximize the inherent advantages
of a land use activity in that location without creating any negative impacts on adjacent
lands within the municipality. The boundaries of the land use designations shown on the
Land Use Maps should not be construed as being exact but should be considered primarily
for serving the purpose of providing a spatial relationship amongst the various land use
districts.
1.5
PLANNING HISTORY
The R.M. of Montcalm adopted a Development Plan in 1994 largely based on the data
contained in a detailed Background Study that was prepared in 1993. This was the first
comprehensive review of planning issues within the municipality. Although many of its
policies are still relevant, the 1994 Development Plan does not fully address the provisions
of the 2011 Provincial Planning Regulation, or current land use issues in the municipality.
For example, ongoing flood-related issues in the municipality, are not adequately addressed
in the 1994 Development Plan policies and Land Use Maps.
1.6
KEY CHARACTERISTICS
1.6.1 Vision
The members of council, community and key stakeholders of the R.M. of Montcalm
envision a future with growing communities and a diverse economic base including more
people, more jobs and more housing. This vision reflects a commitment to providing cost-
effective services to the communities; promoting growth; and enhancing the quality of life
for all residents.
1.6.2 Municipal Context
The R.M. of Montcalm is a prosperous agricultural community in south central Manitoba.
Most of the Municipality is located west of the Red River, with a small part to the east of
the Red River. The Municipality is noted for productive soils and a diversified agricultural
base. In addition to growth in the agricultural industry, the R.M. of Montcalm has
experienced non-agricultural development. Settlement Centres St. Jean Baptiste, Letellier
and St. Joseph are predominantly residential in character but also support commercial and
industrial land uses. Planning policies emphasize development patterns that will keep these
Settlement Centres vibrant with a minimum of restrictive regulations.
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1.6.3 Demographics
The population of the R.M. of Montcalm experienced an overall decline in population over
the last five-year period from 2011 to 2016 from 1,309 to 1,260 (-3.7%) (Statistics Canada,
2016 Census). The population of St. Jean Baptiste increased by 2% with a population
change from 553 to 563. While the population decline can be accounted for by slow
immigration, an aging population and a reduction in the average size of families, there is
also an overall trend of the population moving from the rural areas to the settlement centre
areas.
1.7
MAJOR LAND ISSUES
Major land use issues facing the R.M. of Montcalm are as follows:
1.7.1 Protection of Agriculture
The agriculture sector is the primary economic base of the R.M. of Montcalm. The
Municipality is located in a rich farming area of the Red River Valley. Soil and weather
conditions are generally ideal for annual crops. Consistent with the Provincial Planning
Regulation, Development Plan policies preserve areas with prime agricultural land for
long-term, economically sustainable and environmentally sound agricultural use.
1.7.2 Designated Flood Area
A significant portion (84%) of the R.M. of Montcalm is located within the Red River
Valley Designated Flood Area (RRVDFA). Community ring dike upgrades have been put
in place to protect development in Settlement Centres. The community dikes around St.
Jean Baptiste and Letellier have been constructed to the 100-year flood level, however, the
current minimum requirement for all community dikes and permanent structures within the
RRVDFA is the 200-year flood level. The Municipality is currently working with the
Province to meet this requirement.
1.7.3 Settlement Centre Development
The Settlement Centres in the R.M. of Montcalm have sustained only modest growth in
recent years. St. Jean Baptiste saw an overall increase in population (2%), while St. Joseph
and Letellier significantly decreased (7.9%) between 2011 and 2016. Any future
development in these Settlement Centres should take place in a planned manner that allows
for the provision and expansion of public services as efficiently and economically as
possible.
1.8
MUNICIPAL PRINCIPLES AND GOALS OVERVIEW
The goals, objectives and policies in this document were informed by relevant reports and
maps from the 1994 R.M. of Montcalm Development Plan, in addition to various meetings
with the R.M. of Montcalm council and CAO, and a visioning process with key
stakeholders and members of the community.
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The R.M. of Montcalm is a dynamic and progressive municipality. To foster and promote
further sustainable economic development within the municipality, the Council has taken
a leadership role and prepared a comprehensive Development Plan. The Development Plan
is a strategic planning document and will be a blueprint for accommodating future growth
within the municipality and ensuring that both municipal and natural resources are
prudently managed. The Development Plan is also a component of the overall municipal
marketing strategy enabling Council to attract or respond to development opportunities by
ensuring that appropriate lands are available for development.
The policies contained in this plan reflect a co-ordinated approach to addressing key issues
and goals. These issues and goals can also be used by the municipality as a starting point
for preparing a community vision statement or strategic plan. From both the Development
Plan and a vision statement, opportunities may flow for a variety of public and private
sector development initiatives.
The Development Plan update process had three major considerations:
(1) To be proactive in anticipating the fullest extent of land uses and development activity
within the Municipality and to provide a decision-making basis for maximizing the
economic benefits to the community, and minimizing unnecessary expenditures.
(2) To be consistent with the Provincial Land Use Policies included in Provincial Planning
Regulation 81/2011.
(3) To promote wise stewardship of the land base and the associated resources,
incorporating the principles of sustainable development, including economic, social,
cultural, environmental and governance aspects of sustainability.
1.9
MUNICIPAL GOALS
The purpose of identifying goals is to describe a general development philosophy and to
establish broad directions and attitudes by which growth in the Municipality will be guided.
These goals are the basis upon which the rest of the plan is formulated. Whenever Council
finds that the wording of any policy is unclear or ambiguous and in need of interpretation,
these goals should be referenced in order to determine the intent of that policy.
Goal 1:
To support and strengthen agriculture as the primary land use of the
municipality.
Goal 2:
To preserve the rural and agricultural character of the Municipality.
Goal 3:
To ensure that the benefits to the community which result from
development, outweigh the costs in terms of services, utilities, taxes, public
facilities and possible harmful effects on the environment and surrounding
land uses.
Goal 4:
To direct development in Settlement Centres in a manner which will permit
the economical provision and phasing of municipal services.
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Goal 5:
To avoid unplanned expansion of Settlement Centres in a manner which
prematurely requires the conversion of agricultural land.
Goal 6:
To direct the development of non-farm residences to established Settlement
Centres or areas specifically designated for this use.
Goal 7:
To encourage the development of industrial and commercial uses, in
appropriate locations, in order to diversify the economic base of the
community.
Goal 8:
To protect people and property from damages which may result from
flooding, erosion, soil instability and other natural hazards. To support this
goal certain types of development will not be permitted in the floodplain
area of the Red River and development will only be allowed if it can be
adequately flood protected.
Goal 9:
To protect viable wildlife habitat areas and to preserve the delicate balance
between man-made and natural environments.
Goal 10:
To develop services which protect the health, safety and convenience of
residents.
Goal 11:
To promote the joint development of municipal services and recreation
facilities for the use of all residents in the Municipality.
Goal 12:
To co-ordinate municipal and provincial road systems to provide for
efficient and convenient movement throughout the municipality.
Goal 13:
To develop and pursue such policies, administrative methods and
programs, including fiscal planning arrangements, that may be necessary to
further the objectives and policies of this plan.
Goal 14:
To promote public and private investments in support of the goals,
objectives and policies of this plan.
1.10 APPLICATION OF DEVELOPMENT PLAN
The adoption of the updated R.M. of Montcalm Development Plan establishes goals and
policies for land use and development within the R.M. of Montcalm. Although Council
need not immediately implement programs and projects toward these goals and policies it
cannot take any action that would be contrary to the Development Plan.
The Planning Act 62(1) states that Provincial Land Use Policies no longer apply to a
municipality that has adopted a Development Plan by-law; however, an amendment to a
Development Plan by-law, or replacement of a Development Plan must be generally
consistent with Provincial Land Use Policies.
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Following the adoption of the Development Plan, Council may, by by-law, adopt a
secondary plan to deal with objectives and issues within its scope of authority in a part of
the Municipality, including, without limitation, any matter:
(a) dealt with in the Development Plan By-law;
(b) dealing with subdivision, design, road patterns, building standards or other land
use and development matters; or
(c) respecting economic development or the enhancement or special protection of
heritage resources or sensitive lands.
Following adoption of the Development Plan, Council must adopt a new Zoning By-Law
that is generally consistent with the Development Plan By-law and any secondary plan
By-law in effect in the Municipality. The Zoning By-Law is the principal means by which
the policies of the Development Plan are translated into specific rules for development
within the Municipality. Council has the authority to adopt and amend a Zoning By-Law
provided the by-law remains consistent with the Development Plan.
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PART 2: GENERAL POLICIES
2.1
INTRODUCTION
This section of the Development Plan outlines the general objections and policies
respecting all land use planning and development in the R.M. of Montcalm. These
objectives and policies apply throughout the Municipality to both the Rural Areas and
Settlement Centres.
2.2
OBJECTIVES
2.2.1
To provide well-planned areas for living, working, shopping and recreation, which are
visually attractive, efficient of land and public services, with a minimum of
incompatibility both within and between areas.
2.2.2
To ensure that development does not occur on lands which are not suitable for the
proposed development, unless appropriate mitigation measures are taken to reduce any
potential negative impacts and/or enhance the capacity of the land to support the
proposed development.
2.2.3
To encourage the protection of a wide variety of outdoor recreation and scenic
resources.
2.2.4
To minimize risks to people and property that are associated with natural hazards or
human-made features.
2.2.5
To encourage use and development of land in a manner that is consistent with the
principles and guidelines of sustainable development, pursuant to The Sustainable
Development Act.
2.2.6
To preserve and manage the natural resources of the municipality, including water,
wildlife, gravel, and natural treed areas in a way that provides the greatest benefit to
present and future residents.
2.2.7
To protect natural areas and habitats from incompatible or potentially incompatible
land use activity/development where rare or endangered flora and fauna have received
designation and protection under Federal or Provincial legislation.
2.2.8
To minimize impacts of development on aquatic ecosystems, wetland environments
and riparian areas.
2.2.9
To promote wise use of renewable and non-renewable resources including aggregates,
minerals, forests, soils and water.
2.2.10
To preserve and enhance areas which have natural beauty, scenic value, recreational
potential, or historic/cultural significance.
2.2.11
To work collaboratively with utility companies on all land development issues to
ensure the sustainable provision of services with the R.M. of Montcalm
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2.2.12
To provide and maintain an economical, safe and efficient municipal road system
which is integrated with the Provincial highway system to provide the most effective
service.
2.2.13
To identify, preserve and protect the heritage resources of the R.M. of Montcalm and
to encourage public awareness and appreciation of these resources.
2.2.14
To protect past, present and future investments in public and private infrastructure,
including utilities and transportation networks in order to maintain cost-effective
operations of new, upgraded or extended infrastructure services.
2.3
POLICIES
The policies outlined in this section address issues, which may arise throughout all land
use designations of the Municipality.
Utilities
2.3.1
Essential activities of government and public and private utilities will be permitted in
any land use designation subject to requirements in the Zoning By-law. Such uses
should be located and developed in a manner, which will minimize any incompatibility
with neighbouring land uses.
2.3.2
The municipality will cooperate with Manitoba Hydro, BellMTS, and other similar
utilities to ensure the provision of their services is economical and efficient.
2.3.3
Existing public and private utilities should be protected from incompatible or
potentially incompatible land uses, which may threaten or adversely affect their
operation.
Hazardous Uses
2.3.4
Facilities or developments, exclusive of railways and highways, which manufacture,
handle, store or distribute hazardous materials, should be governed by the following:
(a) New facilities should be separated from incompatible uses such as lands or
buildings used primarily for human occupation or directed to an appropriately
zoned area in the applicable Zoning By-law.
(b) The proposed expansion of an existing or new facility shall require Municipal
Council approval and meet minimum set back distances in the applicable Zoning
By-law.
(c) Where new development of a potentially hazardous use is proposed, further
analysis may be required relating to the adverse impacts of the use such as the
nature of any potential discharges, the nature of outside storage, the compatibility
of surrounding land uses, and plans for mitigating potential dangers and nuisances
from adjacent uses and human activities. Any required environmental or
engineering studies may be the responsibility of the applicant.
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Natural Resources
2.3.5
Natural areas and habitats shall be protected from incompatible or potentially
incompatible uses and developments where:
(a) Rare or endangered flora and fauna have received Provincial designation and
protection under The Endangered Species Act or the Federal Species at Risk Act;
(b) Lands have received Provincial designation and protection under the Protected
Area Initiative;
(c) Lands have been identified as Wildlife Management Areas, and
(d) Landowners have voluntarily protected private lands.
2.3.6
Council shall encourage the retention and protection of wildlife habitat and the
preservation of native vegetation in the form of natural treed areas or un-cleared land
along creeks, drains, unused road allowances or other areas that are not suitable for
agriculture or which may create more benefit when left in a natural state.
2.3.7
Public access to natural areas and wildlife/fisheries habitat should 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 environment
and ecosystem integrity.
2.3.8
Developments and the use of land adjacent to designated provincial parks, wildlife
management areas or other protected areas will be referred to Manitoba Sustainable
Development for review to ensure that future development or changes in land use will
not adversely affect the sustainability of the area or the resident flora and fauna.
2.3.9
Quality wetland habitats; including riparian areas, shall be protected.
Natural Hazard Lands, Flooding & Erosion
2.3.10
Development shall be directed away from Hazard Lands. Hazard Lands include the
following:
(a) Lands subject to flooding defined as all lands which would be flooded by the 200-
year flood or by a recorded flood exceeding the 200-year flood. This includes all
lands within the Red River Valley Designated Flood Area (RRVDFA) as defined
by regulation 59/2002 Designated Flood Area Regulation (see Appendix Map B
1);
(b) Lands subject to water erosion, defined as all lands which would be eroded or
become unstable due to the action of water contained in an adjacent waterway or
water body during a 50-year flood event;
(c) Lands subject to other hazards such as landslides or subsidence, particularly those
lands where actual effects of such hazards have occurred or have been predicted
by an accredited source such as a Provincial or Federal government agency.
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2.3.11
Land subject to flooding, erosion or bank instability should be left in its natural state
or only developed for low intensity uses such as open space recreation, grazing,
cropping, forestry and wildlife habitat.
2.3.12
Consistent with Policy 2.3.11. above, any development permitted on or near Natural
Hazard Lands shall only be permitted if risks are eliminated or ways have been
identified to ensure
(a) property damage, and danger to public health and safety are eliminated;
(b) the natural capability of waterways to convey flood flows or store water during a
flood event are maintained;
(c) the acceleration or promotion of environmental damage is prevented; and
(d) build at an elevation required by the Provincial department tasked with
administering the RRVDFA or R.M. of Montcalm Council.
(e) public expenditures are minimized
2.3.13
The subdivision of land within the Red River Valley Designated Flood Area
(RRVDFA) will be restricted to flood-protected Settlement Centres, agricultural
operations and limited Commercial and Industrial uses demonstrating a need to be
located in the RRVDFA and consistent with the policies here-in.
2.3.14
Any proposed building or structure on titles existing at the time of the adoption of this
Development Plan By-law or any new titles approved must be in compliance with the
flood-proofing requirements of the Municipality and the Designated Flood Area
Regulation.
2.3.15
Council will refer development proposals in suspected flood prone areas to the
Municipal Engineer and/or the Provincial department tasked with administering the
RRVDFA for review and recommendation prior to approval.
2.3.16
Where more intensive development, including structures is proposed for Hazard
Lands, Council may require the applicant to complete a professional environmental,
geotechnical or hydrological studies, including recommendations regarding
preventative and mitigation measures that eliminate the risk or reduce the risk to an
acceptable level.
2.3.17
Minimum setback regulations shall be established in the Zoning By-law for
developments in proximity to natural hazard lands, active waste disposal grounds,
sewage treatment lagoons, natural gas and hydro transmission line right-of-ways and
railway right-of-ways, as appropriate.
Waterways and Groundwater
2.3.18
Development will be encouraged in a manner that ensures that waterways and
groundwater resources are sustained.
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2.3.19
In the case of development proposals that require significant volumes of surface water
and/or groundwater, the proponent may be required to obtain a Water Rights License.
If a permit is required, development approval may be withheld until such time as a
License is issued.
2.3.20
The RM of Montcalm will be prepared for future drought conditions by:
(a) prepare Development Policies or By-laws to restrict water use during drought;
(b) review the Emergency Management Plan to ensure it addresses how the RM would
respond during a water shortage, and to the other risks associated with drought (eg.
Wildland fires, smoke and dust resulting in diminished air quality, etc.); and
(c) review Pembina Valley Water Co-op Drought Study and Plan for actions the RM
can take which will help build Montcalm's drought resiliency from a community
water supply standpoint.
2.3.21
Development proposals that may have a detrimental effect on water quality shall
provide for safeguarding areas susceptible to surface and groundwater pollution. These
include Livestock Operations, lagoons, solid waste disposal sites, septic systems,
commercial and chemical fertilizer storage facilities, fuel tanks, and similar uses.
2.3.22
Any proposed development adjacent to fish habitats, spawning sites and fish nursery
areas shall conform to the following development criteria:
1. Measure to limit nutrient and sediment inflow shall be implemented before, during
and after development.
2. The construction of dikes is preferred to channel deepening and straightening;
3. Land shall not be cleared, cultivated or developed to the water's edge, and
4. Organic loading, or siltation from agricultural run-off shall be mitigated.
2.3.23 Any approval requirements shall be obtained from applicable Provincial or Federal
government departments.
2.3.24 Lands should not be cleared or developed to the ordinary high water mark of creeks,
streams and lakes. In order to maintain wildlife habitat and protect aquatic
ecosystems and species the following buffers shall be retained, or if applicable,
restored:
1.
For first and second order drains (stream tributaries) a 12.00m (49.21 ft) buffer
or undisturbed native vegetation upslope from the high water mark;
2.
For third order drains or higher order drains (Provincial Waterways) natural
waterways and natural waterbodies a 30.48m (100.00 ft) buffer of undisturbed
native vegetation, upslope from the high water mark; and
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3.
Where indicator fish species (e.g. walleye, pike and suckers) are present or the
water body provides spawning, nursery, feeing or migratory habitat, a 30.48 m
(100.00 ft) buffer, upslope from the high water mark.
4.
Within said buffer areas, shoreline alteration (e.g. Pathways, docks and boat
house) should cover less than twenty-five percent (25%) of the land area.
5.
Proposed major subdivisions and zoning amendments adjacent to waterways and
water bodies shall be forwarded to the appropriate Provincial and Federal
government departments for comment and review.
2.3.25
The preservation, enhancement and rehabilitation of native vegetation should be
encouraged in sensitive environmental areas such as the riparian zones associated with
the shorelines of all rivers, creeks and streams in order to stabilize banks, filter run-off
and to promote surface water quality.
Transportation
2.3.26
All new development shall 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 then be responsible for part or all of the costs of
this roadway construction.
2.3.27
Permits are required from Manitoba Infrastructure or the Highway Traffic Board (or
applicable provincial authority) for any structure, construction, or sign above, below
or at ground level proposed within the control area adjacent to the provincial highway
system, i.e. Provincial Roads (PRs) and Provincial Trunk Highways (PTHs), including
a change in the use of land and structures when proposed within the control area
adjacent to a Limited Access highway. Permits are also required from the applicable
provincial authority for any new, modified or related access to a provincial highway
(PTHs and PRs), this includes a change in use of an existing access to a provincial
trunk highway.
2.3.28
Commercial uses that primarily serve the travelling public may be permitted to locate
adjacent to a Provincial highway at planned locations, provided direct access to the
Provincial highway system is minimized and the efficiency and safety of the adjoining
highway is not jeopardized.
2.3.29
For development near a Provincial Trunk Highway (PTH) or a Provincial Road (PR)
the following restrictions shall apply:
(1) Strip development along a highway that requires direct connections to the highway
for access, shall not be permitted;
(2) Development that, in the opinion of the provincial department responsible for
highways, may have a detrimental impact on the safe operation of the Provincial
highway system shall not be permitted;
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(3) Subdivision/development will not be permitted in areas designated for highway
widening or expansion, unless provisions suitable to the Province are made to
accommodate future widening or expansion;
(4) Developers may be responsible for the cost of any highway improvements deemed
necessary by the Province to accommodate a proposed development;
(5) A permit is required from the Highway Traffic Board for any new, modified or
relocated access to PTH 14, 23 and 75. A permit is also required for any
construction/structure above, below or at ground level, or any change in use of
land, structures and access within the control lines and control circles of these
highways; and
(6) A permit is required from the Province for any new, modified or relocated access
to all Provincial Roads in the R.M. of Montcalm with the exception of the section
of the St. Jean Baptiste Provincial Access Road between third Avenue S.W. and
Chemin du Park and the Letellier Provincial Access Road from PR 201 to Third
Avenue E, where the R.M. of Montcalm is the traffic authority responsible for
access and structure setbacks. A permit is also required for any
construction/structure above, below, or at ground level within the control areas of
these highways.
2.3.30
Satisfactory storm drainage must be provided to service any development adjacent to
the Provincial Trunk Highways and Provincial Roads. Permission must be obtained
from the provincial department responsible for highways to drain any water into the
highway drainage system. Costs of any revisions to the existing drainage system,
which are directly related to the development, will be the responsibility of the
developer.
2.3.31
Where an area of development is bordered on one side by a major transportation
corridor or facility, such as a highway or rail line, new development, particularly those
of a residential nature, should, be directed to the same side to avoid the need for local
traffic to cross the corridor or facility.
2.3.32
Land uses that generate significant amounts of regional vehicular traffic and/or
significant truck traffic will be encouraged to locate in proximity to major roadways,
including provincial roads and provincial highways. However, direct access to the
provincial highway system will be discouraged. For these land uses access to the
provincial highway system should be via the municipal road system or provincial
access road.
2.3.33
Any development that is to occur within the control areas of Provincial Trunk
Highways and Provincial Roads, under Provincial authority, will be subject to approval
by Highway Traffic Board and the provincial department responsible for highways
respectively.
2.3.34
In areas with existing or anticipated high volumes of truck traffic, the Municipality
may designate certain municipal roads as Truck Routes, in order to limit deterioration
of the local road system and to minimize safety problems and nuisance factors within
settlement centres and rural areas. The designated Truck Routes should be identified
as Truck Routes on a map and adopted as a Transportation By-law for the Municipality.
Montcalm Development Plan By-law No. 789/18
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The bylaw will address provisions to ensure the appropriate load improvements for the
road are incorporated into any plans for development.
2.3.35
The Truck Routes identified on the Rural Transportation Network map B8 are intended
to complement the Provincial highway system as major traffic carriers and as such will
be subject to the following considerations:
(a) Truck Routes shall receive priority consideration for maintenance and snow
removal; and
(b) Truck Routes shall be designed to carry heavy farm traffic, although restrictions
may be placed on these roads at certain times of the year.
2.3.36
Private and public airstrips within the municipality should be protected from
incompatible or potentially incompatible land uses that may adversely impact their
operation and/or endanger public safety.
2.3.37
Development proposed within the vicinity of a railway should comply with the
Guidelines for New Development in Proximity to Railway Operations.
Aggregate and Mineral Resources
2.3.38
In areas with known aggregate resources, or areas having high discovery potential for
these resources, uses should be limited to non-intensive Agriculture (e.g., grazing,
cropping and forestry), temporary uses or other uses that will permit direct access to
the resource land.
2.3.39 Certain types of development, such as residential, commercial, institutional and
recreational uses that could be sensitive to the characteristics of aggregate extraction,
including noise, dust and heavy vehicle traffic, should be adequately separated and
buffered from the deposits which are identified by the Provincial agency responsible
for aggregate and mineral resources.
2.3.40 The exploration, development, production, and termination of all aggregate resources
shall be undertaken in a manner that is environmentally safe, does not contaminate the
groundwater, and is compatible with adjoining land uses.
Heritage Resources
2.3.42
Council shall encourage and facilitate the identification of Heritage Resources within
the Municipality.
2.3.42
Existing Heritage Resources should be protected from incompatible or potentially
incompatible land uses that may threaten their integrity or operation. Potential heritage
resources have been identified in the SW ¼ 20-2-2EPM and the appropriate provincial
authority should be contacted prior to any development.
2.3.43
Heritage Resources should be protected where:
(a) Heritage buildings or landscapes have received Municipal, Provincial and/or
Federal Heritage Designation
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(b) Buildings or landscapes are in the process of receiving or are being considered for
municipal, provincial and/or federal heritage designation; and
(c) Buildings or landscapes have been developed and operate as heritage sites.
2.3.44
The designation, preservation and development, of Heritage Resources should be
coordinated with other heritage and recreational resources in the region, both existing
and proposed, in order to maximize interpretive and tourism potential.
2.3.45
Sites and groupings of sites with heritage potential should be considered for
designation as Municipal Heritage Sites under The Heritage Resources Act, and/or
Municipal Heritage Conservation Zones under The Planning Act.
2.3.46
As a condition for an approval of subdivision, demolition permit or the issuance of a
development permit, Council may require the applicant to show that a significant
Heritage Resource is not being adversely impacted or endangered.
Outdoor Recreation
2.3.47
Areas with high recreational capability, and/or interesting natural features should be
protected for outdoor recreation and related uses. This includes riparian areas along
the Red River.
2.3.48
Existing outdoor recreational uses and areas should be protected from incompatible or
potentially incompatible land uses, which could threaten their integrity and/or
operation.
2.3.49
Proposed recreational development should not create barriers to access and use of
public resources such as ponds and streams.
2.3.50
Proposed recreational developments will be encouraged to carefully match the type
and intensity of recreational activities to the capability of the land to sustain the use
over an extended period of time.
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PART 3: RURAL AREA POLICIES
3.1
INTRODUCTION
Agriculture is the dominant land use and the primary industry in the R.M. of Montcalm.
Protection of the local agricultural industry is in the long-term interests of the Municipality
and Manitoba. This means protecting both the quantity and quality of productive land, and
the ability of farmers to expand, diversify or change farming operations in order to respond
to evolving market demands. The policies in this part of the Development Plan are intended
to protect agriculture, while recognizing the rights of existing and evolving non-agricultural
uses.
The agricultural profile in the R.M. of Montcalm has changed greatly in the past two
decades. Similar to trends experienced throughout the province, average farm sizes are
increasing while the number of farms are decreasing. In the municipality, the average farm
size has increased from 1996 to 2016 (+54.7%) while the total number of farms has
decreased in the same time period (- 49%). As of 2016, the RM contained 76 farms with
an average of 1450 acres.
As the municipality is situated entirely on prime agricultural soil, it has very high
agricultural capability, and therefore higher agricultural land values compared with the
provincial average. Agricultural land values per acre have soared in recent years,
increasing by 96.4% in the 5-year period from 2006 to 2011, and another 97.8% from 2011
to 2016.
3.1.1 Flood-Protection Considerations
A significant portion of the R.M. of Montcalm is affected by flooding of the Red River.
Based on the extent of the 1997 Flood in Manitoba, approximately 84% of the R.M. of
Montcalm is now within the Red River Valley Designated Flood Area (RRVDFA) along
the Red River. The Settlement Centres of St. Jean Baptiste and Letellier are situated
within the RRVDFA along the Red River. Both are protected by extensive community
ring dikes. Agricultural and resource-related uses that must be accommodated in the
RRVDFA are required to be in compliance with the DFA regulation as well as Municipal
Flood-proofing Guidelines.
3.1.2 Wind Energy Generation Systems (WEGS)
The R. M. of Montcalm has a world-class wind energy resource. Pattern Energy Group
commissioned the $345 million St. Joseph Windfarm in March of 2011. The project has
been distributed over an area of over 30,000 acres (125 square kilometres) of privately
owned agricultural land. The 138 megawatt (MW) project consists of 60, Siemens Wind
Energy Generation Systems (WEGS), 55 of which are situated in the R.M. of Montcalm.
The WEGS are set on 80 metre (263 ft.) high towers. Each has a nameplate capacity of 2.3
MW and can generate enough power to serve the needs of 50,000 homes.
Montcalm Development Plan By-law No. 789/18
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3.1.3 Hazardous Waste Facility
The Manitoba Hazardous Waste Management Corporation (MHWMC) is a provincial
Crown corporation located in the RM of Montcalm in the NE ¼ 2-3-1EPM, west of
Provincial Trunk Highway (PTH) 14, approximately 2 kilometres west of the junction
with Provincial Trunk Highway (PTH) 75 and approximately 7 kilometres from
Settlement Centres, St. Jean-Baptiste, Letellier and St. Joseph. It comprises of 157 acres
of which half is initially developed with the facility and associated landscaping. The rest
remains in current agricultural use until is deemed to be required.
The MHWMC has undertaken extensive studies and consultations to ensure that the site
selection process optimized a broad range of technical, environmental, and social land use
criteria. The RM of Montcalm will continue to work closely with the MHWMC on all
planning and development issues that have a potential impact on the design, construction
and operation of the existing facility and any incremental expansions to the central
facility.
3.2
OBJECTIVES FOR RURAL POLICY AREAS
3.2.1
To protect agricultural land in rural areas for current and future production and to foster the
growth and development of the agricultural industry.
3.2.2
To minimize potential conflicts between agricultural uses and non-farm resource uses,
especially regarding livestock operations.
3.2.3
To promote the growth and diversification of the agricultural industry by encouraging the
retention of large agricultural land parcels.
3.2.4
To encourage Livestock Operations to establish and grow in a manner that minimizes
nuisance to existing rural and urban residences and mitigates environmental concerns.
Livestock Operations within the RRVDFA shall be in compliance with existing Municipal
and provincial flood-proofing guidelines and Livestock Operations Policies.
3.2.5
To allow for farm related subdivision when they are deemed necessary for the ongoing
maintenance and operation of a farm.
3.2.6
To allow for non-farm residential subdivision where land is isolated, cannot be farmed and
can be properly flood-proofed.
3.2.7 To support the development of agri-related commercial and industrial activities,
particularly those that complement the agricultural economy and the evolving needs of the
residents and businesses in a manner that is compatible with Municipal servicing
capabilities.
3.2.8
To support existing non agri-related commercial and industrial activities, including Wind
Energy Generating Systems and the hazardous waste facility but not to the detriment of
agricultural operations and environmental protection.
Montcalm Development Plan By-law No. 789/18
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3.3
POLICIES
Agriculture
3.3.1
Since agriculture is the dominant land use in the R.M. of Montcalm, preservation of
prime agricultural land, and other lands on which agriculture activities are dominant,
and the fostering of the agricultural industry, will be given a high priority. All development
proposals shall be evaluated for consistency with this policy.
3.3.2. The R.M. of Montcalm will have two principal agricultural policy area designations:
(a) General Agriculture: All lands so designated shall be utilized or preserved for the
widest range of economically sustainable and environmentally sound agricultural
activities or development, including livestock operations.
General Agriculture Policy Areas have fewer restrictions than the Restricted
Agriculture Areas. Uses which are not agricultural in nature, such as rural residential
and recreational, and processes leading to land fragmentation should be kept to a
minimum in the General Agriculture Areas.
(b) Restricted Agriculture: Agricultural activities shall remain the dominant land use in
Restricted Agriculture Areas, but livestock operations and other uses not compatible
with Settlement Centres will be restricted in order to limit potential land use conflicts
with non-agricultural development.
3.3.3
Except as provided for elsewhere in this Development Plan, land designated as General
Agriculture and Restricted Agriculture should be retained in large parcels to provide
maximum protection and flexibility for agricultural activities. The minimum parcel size for
each designation shall be stipulated in the Zoning By-Law, but should generally be
maintained in 80 acre parcels to reflect the agricultural characteristics and capabilities of
each area.
3.3.4 Wind Energy Generation System (WEG) related subdivision in the General Agriculture
Area and Restricted Agriculture Area are generally not permitted below the minimum
parcel size established in the Zoning By-Law. Agricultural parcels should not be
fragmented for the establishment of WEG's. This allows land to be retained in larger
parcels for the maximum protection and flexibility of agricultural activities. Wind turbine
generating towers should be set back sufficiently from the provincial highway right-of-way
so that turbine operations or structure failure will not impact the highway right-of-way.
Livestock Operations
3.3.5 For the purpose of this By-Law a livestock operation means a permanent or semi-
permanent facility or non-grazing area where at least ten (10) Animal Units of livestock
are kept or raised either indoors or outdoors, and includes all associated manure
collection facilities.
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3.3.6 Proponents, owners and operators of livestock operations must develop facilities and
conduct their operations in a manner which minimizes the production of offensive
odours and minimizes the potential for pollution of soils, groundwater and surface water.
3.3.7 Livestock operations must be located where they will be compatible with surrounding
land use and where they will not pose a pollution risk to soils, groundwater or surface
water.
3.3.8 The R.M. of Montcalm will be divided into the following areas for the purposes of
accommodating and evaluating livestock operations:
(1) General Agriculture: New or expanding livestock operations will be allowed within
the General Agriculture Area. In general, new or expanding livestock operations
must be sited so as to minimize conflict with existing or planned recreational or
residential development. All proposed new or expanding livestock operations
involving 140 or more Animal Units must be processed as a conditional use. Any
operation above 299 Animal Units will require a Technical Review.
(2) Restricted Agriculture: New or expanding livestock operations above 200 Animal
Units are not permitted within the Restricted Agriculture Area. In general, new or
expanding livestock operations must be sited so as to minimize conflict with
Settlement Centres and existing or planned recreational developments. All proposed
new or expanding livestock operations must be processed as a conditional use.
Existing livestock operations within the designated Restricted Agriculture areas may
continue operations and any existing operations above 200 Animal Units may be
allowed for expansion as a conditional use, subject to separation distance
requirements in the Zoning By-law.
(3) Settlement Centre: New or expanding livestock operations will not be allowed
within the Settlement Centre Areas of St. Jean Baptiste, Letellier and St. Joseph.
The Settlement Centre Areas are intended to accommodate urban type developments
not generally compatible with livestock operations and will apply to the following
areas:
10 - 139 AU
140-200 AU
201 - 300 AU
More than 300
AU
Restricted
Agriculture Area
Conditional
Use
Conditional
Use
Not Permitted
Not Permitted
General
Agriculture Area
Permitted
Conditional
Use
Conditional
Use
Conditional Use
and Technical
Review
Table 1. Livestock Animal Use thresholds
3.3.9 All applications for the establishment or expansion of a livestock operation must be
made to Council, by the owner of the operation or by a person authorized by the owner,
in a form and accompanied by any material and any fee established by Council.
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3.3.10 All applications for the establishment or expansion of livestock operations must meet
the siting and setback requirements consistent with Provincial Land Use Policies and
demonstrate that the siting and management of the operation will not create an
unacceptable risk to health, safety or the environment and that any risk can be mitigated
through the use of appropriate measures, practices and safeguards.
3.3.11 The establishment or expansion of livestock operations under 140 AU in the General
Agriculture Area are permitted uses provided they meet the requirements provided in
Policy 3.3.10. Proponents may be required to provide any information Council deems
necessary to determine if these requirements have been met.
3.3.12 No person shall develop or expand a livestock operation over 140 AU in the General
Agriculture Area unless Council has approved a conditional use order for its
establishment or expansion. Proponents may be required to provide any information
Council deems necessary to make this decision.
3.3.13 No person shall develop or expand a livestock operation in the Restricted Agriculture
Area unless Council has approved a conditional use order for its establishment or
expansion. Proponents may be required to provide any information Council deems
necessary to make this decision.
3.3.14 Within the General Agriculture Area or the Restricted Agriculture Area, the replacement
including modernization or fire replacement of livestock operations, established prior to
the adoption of this by- law, at the same size and location may be permitted and the
expansion of existing livestock operation will be considered based on the size and
separation distances established in the Zoning By-Law.
3.3.15 In accordance with Section 92 (1) (b) of The Planning Act, Council is unable to approve
a variance to increase the number of Animal Units in a livestock operation if it is an
existing non-conforming use.
3.3.16 A mutual separation distance will be maintained between livestock operations and
residences not accessory to the operation. These mutual separation distances will be
established in the Zoning By-Law and will be equal to Provincial minimum
requirements.
3.3.17 All livestock operations must be generally consistent with the siting and setback
requirements from property lines, designated development areas, watercourses and wells
as outlined in the Provincial Land Use Policies and the Environment Act.
3.3.18 All new and expanding livestock operations involving more than 140 Animal Units shall
only be established and operated on lands with agricultural capability rating of Class 1
through Class 5 based on detailed soil survey information.
New and expanding livestock operations shall be prohibited on lands with agricultural
capability rating of Class 6 and 7 based on detailed soil survey. These lands may be
used for grazing and/or haying and agricultural and shall be consistent with the lands'
carrying capacity.
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3.3.19 Council shall refer all applications involving 300 or more Animal Units in the General
Agriculture Area to the Minister responsible for The Planning Act and request that a
Technical Review Committee be appointed to review the proposed application. Once
the Technical Review Report has been received, a hearing date shall be set consistent
with the provisions contained in The Planning Act. After the hearing, the Council may
approve the application with or without conditions, only if:
(1) The Technical Review Committee has determined, based on the available
information, that the proposed operation or expansion will not create a risk to health,
safety or the environment, or that any risk can be mitigated through the use of
appropriate practices, measures and safeguards;
(2) That the land that the proposed livestock operation or expansion is being located on
has a soil suitability for agricultural rating of Class 1 through 5 based on detail soil
survey information;
(3) That Council is satisfied that:
(a) The proposed operation or expansion will be compatible with the general
nature of the surrounding area;
(b) The proposed operation or expansion conforms with the Development Plan,
including the Livestock Operations Policies; and
(c) The proposed operation or expansion conforms with the applicable
provisions contained in the Municipality's Zoning By-Law;
3.3.20 Where any livestock operations larger than 300 Animal Units are proposed within the
vicinity of a provincial highway, a copy of the proposal should undergo a review by
the provincial department responsible for highways.
3.3.21 On sites where the Technical Review Committee or the Province has identified a
potential risk of pollution of soils, groundwater and/or surface water, proposed livestock
operations should be required to incorporate measures that will lower the risk to
acceptable levels.
3.3.22 In addition to the provisions contained in the Livestock Operation Policies, when
evaluating the establishment, expansion or subdivision of livestock
operations, the following factors shall be taken into consideration:
(1) The subdivided parcels can be maintained a minimum site area of 80 acres;
(2) The Provincial Land Use Policy separation setback distances necessary to minimize
potential conflicts with non-agricultural land uses will apply;
(3) The amount and type of soil conditions and classification, the water source and water
quality, the direction of prevailing winds, surrounding natural landscape features,
and neighboring land uses;
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(4) The potential for groundwater pollution and the means by which ground and surface
water will be protected from possible contamination;
(5) The necessary mutual separation distances between the livestock facility / manure
storage facility and single residences and designated residential / recreational areas.
These should be consistent with the recommendations in the Provincial Land Use
Policy, and shall be applied to new and expanding livestock production operations;
(6) Non-agricultural development shall be sufficiently separated from existing
agricultural operations to ensure they will not cause conflicts. The Zoning By-Law
will establish separation distances consistent with those specified in the Provincial
Land Use Planning Regulation;
(7) Provincial Land Use Policies;
(8) Technical Reports of the Technical Review Committee, when applicable;
(9) Environmental requirements must be met as per the Province's Livestock Manure
and Mortalities Management Regulation of the Environment Act (MR 42/98).
3.3.23 As part of the conditions of approval of a livestock operation or expansion application,
Council may impose the following:
(a) Measures to ensure conformity with the applicable provisions of the
Development Plan and Zoning By-Law of the Municipality;
(b) Measures to implement recommendations made by the Technical Review
Committee such as obtaining all necessary approvals from the appropriate
authorities;
(c) Measures intended to reduce odours from livestock operations which could
involve requiring covers on manure storage facilities, and / or requiring that
shelter belts be established; and
(d) Requiring the applicant to enter into a Development Agreement which may
deal with one or more of the following matters:
i.
The timing of construction of any proposed building or structure;
ii.
The control of traffic;
iii.
The construction and maintenance of roads, fencing, landscaping,
shelter belts and covers on manure storage facilities or site drainage
works by or at the expense of the owner or applicant;
iv.
The payment of a sum of money to Council to be used by Council to
construct anything mentioned in clause (iii);
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v.
As part of any Development Agreement, Council may require that no
development takes place until all approvals and conditions have been
met.
3.3.24 The establishment of livestock production operations on sites created by farmstead
subdivisions shall not be permitted.
Farm and Non-Farm Residential
3.3.25 The subdivision of land in the General Agriculture Area and the Restricted Agriculture
Area for farm residential purposes may be permitted in accordance with the following
criteria:
(a) A retiring farmer who has been actively farming for a substantial time period wishes to
retain his farm residence for retirement purposes;
(b) A bona fide farmstead, that is, a farmstead that has existed for the past five or more
consecutive years, has been rendered surplus due to the amalgamation of farm
operations or similar circumstances and the continued existence of the farmstead will
not have a negative impact on the adjacent agricultural operations. The farmstead must
contain a liveable residence and, preferably, be located in a defined shelterbelt;
(c) Where a farm is incorporated and it is necessary to establish a separate residential site
from the farm corporation;
(d) Where a residence is required for an individual who is actively involved in the farming
operation as a source of income. Actively involved means that there is a significant and
ongoing association or involvement in the farming operation. An individual who
provides assistance from time to time or on a casual basis is not considered to be
actively involved;
3.3.26 Land subdivided under policy 3.3.25 above is subject to the following:
(a) The land shall not be subject to flooding or shall be safely flood-proofed under the
provincial Water Management, Planning and Standards criteria;
(b) Land division for the creation of a new farm residence should take place along existing
all weather roads where access and/or service improvements are not required;
(c) Minimum lot sizes for farmstead subdivisions shall be two acres. Farmstead
subdivisions should not include cultivated land, should be confined to an existing
shelterbelt, be efficiently and effectively serviced to a rural standard and include those
buildings and facilities normally associated with a farming operation;
(d) Only one subdivision per 80-acre title may be permitted for the circumstances
described in policy 3.3.25.
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3.3.27 Generally, non-farm residential (rural residential) shall be directed to Settlement Centres.
The subdivision of land in the General Agriculture Area and the Restricted Agriculture
Area for non-farm residential (rural residential) purposes may be permitted where a parcel
of land is isolated by way of a creek, drain, road or natural land feature and is of a size or
shape that makes farming difficult. Land subdivided under this policy must not be subject
to flooding or may be safely flood-proofed under the Manitoba Infrastructure - Water
Management, Planning and Standards criteria and should take place along existing all
weather roads where access and/or service improvements are not required.
Agri-Commercial, Agri-Industrial and Other Uses
3.3.28 Agri-commercial/industrial uses may be located in the General Agriculture Area and
Restricted Agriculture Area in the following circumstances:
(a) They will not conflict with agriculture or the Provincial highway system;
(b) They cannot locate elsewhere due to their requirement for larger parcels of land;
(c) The hazardous nature of or potential nuisance created by the operation; and
(d) The potential danger to public safety or nuisance from materials associated with the
operation.
3.3.29 Specialized agricultural operations such as market gardens, tree nurseries, apiaries and
similar uses may be allowed on parcels of land that are less than the minimum area
specified in the zoning by-law for general agricultural activities, provided it is supported
by a business plan or arrangements acceptable to Council.
3.3.30 Subdivision for the readjustment of farm boundaries around rivers, streams, highways,
large drains and other such features may be permitted if it is deemed necessary for
agricultural purposes provided that no additional lots are created.
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PART 4: BUSINESS POLICY AREAS
4.1
INTRODUCTION
The RM of Montcalm is dissected north to south by PTH 75 and the Canadian National
Railway and east west by PTH 14. These inter-regional transportation networks provide an
economic opportunity for businesses and industries that distribute goods produced within
the region or provide services to transport industries and the travelling public. While
agriculture remains the economic focus of the region, expanding on agriculturally focused
activities will build economic diversity, meet local business needs and create stable job
opportunities.
Business Policy Areas provide employment and opportunities for economic development
at key rural locations and in areas adjacent to settlement centres in the R.M. of Montcalm.
This section outlines policies that accommodate general commercial and industrial as well
as agri-commercial/industrial, highway commercial and related land uses in appropriate
settings. This flexibility of compatible uses will allow adjustments to economic demands
over time while ensuring integration of settlement, agricultural and transportation planning
activities.
4.2 OBJECTIVES
4.2.1
To provide future employment opportunities in the R.M. of Montcalm.
4.2.2 To build economic diversity and stability within the Municipality.
4.2.3 To provide opportunity for long range business/industry planning in the Municipality.
4.2.4 To prevent incompatible land use conflicts with adjacent land uses.
4.2.5 To ensure that proposed developments can be serviced to an appropriate rural standard and
in a cost-effective manner with respect to road access, water supply and wastewater
disposal.
4.2.6 To ensure that proposed developments will not negatively impact the environment or
adjacent land uses.
4.3 POLICIES
4.3.1 The following land uses may be accommodated in the Business Policy Areas:
(a) Highway commercial developments that provide services to the travelling public such
as service stations, restaurants and cafes as well as hotels and motels;
(b) Agri-commercial or agri-industrial uses such as farm equipment and machinery repair
shops, feed and fertilizer supply operations, commercial seed cleaning plants,
agricultural implement sales and service establishments and aerial spraying
Montcalm Development Plan By-law No. 789/18
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companies;
(c) General industrial uses, such as general contractor services, warehousing and
distribution, transportation industries, equipment or implement sales or rentals that
accommodate a mix of manufacturing, assembly, distribution and services with
outdoor operational storage characteristics; and
(d) Existing land uses as of the date of the adoption of this Development Plan.
4.3.2 Business and commercial uses should locate within the Settlement Centre Policy Areas.
However, such uses may locate outside the boundaries of the Settlement Centre Policy
Areas in Business Policy Areas in cases where:
(a) They will not conflict with agriculture or the Provincial highway system; and
(b) They are not easily accommodated within the Settlement Centre Policy Areas due to
their requirement for larger parcels of land; incompatibility with residential uses; need
to provide essential services to highway users or access to controlled access points
along regional highway or rail networks.
4.3.3 The Municipal Council shall use the following criteria when considering proposed
developments:
(a) The compatibility with surrounding development in terms of land use function,
operational emissions and scale of development;
(b) The relationship to municipal land; rights-of-way or easement regulations;
(c) The effect on stability, retention and rehabilitation of desirable existing uses, buildings,
or both in the area;
(d) The use is not wasteful of higher class agricultural land and is located, wherever
possible, on lower class land;
(e) The site meets the requirement of the applicable Zoning By-law and has adequate
acreage to meet the needs of the use intended;
(f) If located within the Designated Flood Area, flood protection for all permanent
structures is reasonably achievable;
(g) Highway access is achieved via existing access points where possible;
(h) Where the development is proposed in the vicinity of a Provincial highway, a copy of
the proposal has been circulated to the applicable Provincial authority for review and
comment;
(i) Water, drainage, sanitary disposal, hydro, telephone and road access can be
economically provided; and
Montcalm Development Plan By-law No. 789/18
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(j) The storage, treatment and discharge of all effluent and emissions and disposal of all
waste can meet the approval of the applicable Provincial authority and Municipal
Council.
4.3.4 For multi-lot developments within the Business Policy Areas, the applicant shall provide a
concept plan demonstrating:
(a) the general layout of the lots, parking and road circulation within the proposed
development;
(b) the interaction/relationship with adjacent developments and with the Provincial or
municipal transportation networks; and
(c) the drainage and if applicable flood protection systems proposed.
Montcalm Development Plan By-law No. 789/18
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PART 5: SETTLEMENT CENTRE POLICIES
5.1
INTRODUCTION
This section outlines objectives and policies for the Settlement Centres within the RM of
Montcalm. The Settlement Centres are St. Jean Baptiste, Letellier and St. Joseph. These
Settlement Centres represent a concentration of population within the municipality that
function as service centres for both urban and rural residents. Settlement Centres are
differentiated from Rural Areas by having a higher level of development, smaller lot sizes,
and municipal services. Settlement Centres offer a range of commercial/industrial and
public services and facilities (e.g. retail stores, businesses, schools, government offices, and
recreation facilities). Settlement Centres also offer a greater variety of housing types than
the Rural Areas, such as single-family, multi-family, senior and special needs housing. It
is the best interest of the Municipality to encourage effective, sustainable future growth
patterns within and adjacent to Settlement centres and to ensure that the important role the
Settlement Centres play within the Municipality is maintained.
5.1.1 Objectives
(1) To foster future residential development that is of high quality and in keeping with the
existing character of the Settlement Centres and to promote safe, functional and
pleasant residential environments.
(2) To ensure that a sufficient supply of residential land is designated to meet present and
future needs in each Settlement Centre.
(3) To ensure that the supply of residential land provides options regarding locational
choice between the three Settlement Centres.
(4) To encourage a suitable mix of housing types to meet the needs of the community.
(5) To encourage the maintenance and upgrading of the housing stock.
(6) To ensure that the provision of municipal services such as sewer and water, can be
implemented in a cost effective fashion.
(7) To direct residential development shall be directed to the flood protected Settlement
Centres.
(8) To ensure that institutional uses such as schools and medical facilities are properly
sited within each Settlement Centre.
(9) To promote the development, maintenance and rehabilitation of commercial properties
so as to enhance the economic and social viability of each Settlement Centre.
(10) To promote infill commercial development in each Settlement Centre
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(11) To provide an opportunity for the orderly conversion of suitable property where land
may be required for commercial expansion.
5.2
RESIDENTIAL
5.2.1 Policies
(1) New residential development will only be permitted in Settlement Centre Policy
Areas. Sufficient lands shall be designated in the plan to provide an adequate supply
of serviced lots and locational choice.
(2) Infill of existing residential areas shall be prioritized over the expansion of
undeveloped land in the Settlement Centres.
(3) To support the infill of existing residential areas, development of a variety of housing
types should be encouraged (e.g.: single-family and two-family, multiple-family,
seniors housing and special needs housing).
(4) Home occupations will be accommodated, subject to compliance with the standards
set forth in the applicable Zoning By-law, provided they are compatible with the
adjacent uses and the residential character of the property is maintained.
(5) Secondary suites shall be encouraged as a way of increasing residential density,
affordable housing, and extending family living options.
(6) Residential growth and development within Settlement Centre Policy Areas should
occur in a planned and contiguous manner.
(7) Expansion of lands designated for residential development should only be considered
when the supply and locational choice of vacant lots cannot, in the opinion of Council,
reasonably meet short term demand (5 years) for housing lots. This will ensure that
each Settlement Centre is maximizing its return on investment for existing services
and infrastructure.
(8) Future residential developments should ensure that adjacent land use conflicts are
minimized and that new areas are flood protected and can be efficiently serviced.
(9) Residential development in the Settlement Centres may require the developer to
prepare a detailed concept plan illustrating lot structure, street systems, and associated
community infrastructure such as parks and playgrounds.
(10) Institutional uses which are, in the opinion of Council, compatible with residential
development shall be considered on the basis of Policies contained in Section 4.4 of
this Plan. Specific uses shall be stated in the Zoning By-law.
(11) Council has determined that while home occupations are a viable and important part
of the community, their size and method of operation must be kept in harmony with
the residential areas in which they are located. For that reason, the Zoning By-law shall
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specify maximum square footage, standards of operations, signage, etc., to ensure that
the integrity of the residential area is maintained. Additionally, distinction between
rural and urban home occupations will be stipulated in the Zoning By-law regarding
such criteria as employment, traffic, storage and displays.
5.3 COMMERCIAL AND INDUSTRIAL
5.3.1 Policies
(1) The development of a broad range of commercial and industrial uses will be
encouraged within the Settlement Centre Policy Areas in order to support and
strengthen the viability of the rural municipality.
(2) New commercial and industrial developments shall be encouraged to locate on existing
lots of record. Where such development is not feasible on existing lots, new
commercial and industrial lots can be established through the subdivision process.
(3) Commercial uses which are intended to serve the travelling public shall generally be
encouraged to locate in areas adjacent to highways in appropriate areas and in areas
identified in the applicable Zoning By-law. Proposed development must comply with
the Transportation policies of this plan and proposed developments adjacent to a
provincial highway, in particular, PTH 75, should be serviced by an internal road
system and not rely on the highway for direct access.
(4) Commercial and industrial uses which have the potential to generate activities that pose
safety, health or nuisance hazards, may require large tracts of land or require reduced
levels of service shall be encouraged to locate in areas that are compatible with the
adjacent uses.
(5) Commercial and industrial development shall occur in such a manner as to minimize
conflicts with adjacent land uses. Where commercial and industrial uses are adjacent
to residential developments, adequate buffering and screening will be required as
specified in the applicable Zoning By-law.
(6) Multi-lot subdivisions and large scale commercial or industrial developments shall be
required to prepare a concept plan.
5.4
INSTITUTIONAL
5.4.1 Policies
(1) Each settlement centre may be required to accommodate a variety of institutional uses
in the Settlement Centre Policy Area. In keeping with this direction, various
institutional uses are identified in the residential, commercial and industrial zones as
established in the appropriate Zoning By-law.
(2) Council shall use the following to guide the location and development of future
institutional uses:
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(a) social and cultural institutions serving a settlement centre or the municipality
shall be encouraged to locate in facilities that are easily accessible to the entire
community and minimize any negative impacts on residential areas;
(b) neighbourhood institutional uses which are more appropriately located in
residential areas should give due consideration to minimizing any adverse
impact on the surrounding residential environment;
(c) major institutional facilities requiring large tracts of land or major service
extensions shall be required to undertake site location studies; and
(d) the design of institutional buildings should be in keeping with the character of
the area.
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PART 6: IMPLEMENTATION
6.1
BASIC IMPLEMENTAION MEASURES
The policies outlined in this Development Plan will be implemented by the following
measures and methods pursuant to The Planning Act.
6.1.1 Adoption of this Development Plan
Council will adopt this Development Plan by By-law. Once adopted, no development or
land use change may be carried out within the municipality that is inconsistent or at
variance with the policies or directions set out in the Development Plan. Adoption of the
Development Plan does not require Council to undertake any proposal suggested or
outlined in the plan.
- The DP may be amended at any time when considered appropriate or necessary by
the municipality.
- The DP will be reviewed within 10 years.
6.1.2 Adoption of a Secondary Plan
Council may require preparation of and adopt by by-law a secondary plan document and/or
maps for any part of the Municipality. Secondary plans deal with objectives and issues:
(a) affecting any matter dealt with in the Development Plan By-law;
(b) dealing with the subdivision, design, road patterns, or other land use and development
matters; or
(c) respecting economic development or the enhancement or special protection of
heritage resources and sensitive lands.
6.1.3 Adoption of Zoning By-Law
Following adoption of the Development Plan, the municipality is required to enact a
Zoning By-law that will set out specific regulations for land use and development. Zoning
by-laws designate areas for certain types of development. Permitted and Conditional Uses
and development standards are prescribed for each zone.
The Zoning By-law must generally conform to the Development Plan. The objectives and
policies in the Development Plan provide guidance to Council when preparing the Zoning
By-law or considering an amendment to the Zoning By-law.
6.1.4 Conditional Use Approvals
Within the Zoning By-law, there will be provisions for the approval of various types of
development as a Conditional Use in each zone. This will provide Council with the
flexibility to review specific development proposals, to receive public input from nearby
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landowners, and to make decisions either approving or denying the proposals. In addition,
this process provides Council with the opportunity to establish conditions of approval
appropriate for each proposal. In utilizing the Conditional Use process, Council will have
an opportunity to influence the location of some types of development, as well as to
implement measures to ensure that the development occurs in a manner that is acceptable
to the community. The Development Plan principles, objectives and policies provide
guidance for the Conditional Use approval process.
6.1.5 Variation Orders
The Planning Act enables Council to issue variation orders for the purpose of varying or
altering the application of its Zoning By-law. The ways that the Zoning By-law may be
varied are outlined in The Planning Act. Council may attach conditions to a variation order
to maintain the intent and purpose of the Development Plan or the Zoning By-law. Council
may authorize its Development Officer to grant or refuse a minor variation as set out in
The Planning Act.
6.1.6 Development Permits
New development generally requires a Development Permit issued by Council. Before a
permit is issued, proposals should be reviewed to determine compliance with The Rural
Municipality of Montcalm Development Plan and The Rural Municipality of Montcalm
Zoning By-law.
6.1.7 Development Officer
The Development Officer or designated employee may be authorized to issue development
permits, zoning memoranda, non-conforming certificates and other similar documents and
allow minor variations to the requirements of a Zoning By-law.
6.1.8 Subdivision Approvals
Proposals involving the subdivision of land for individual or multiple lot development will
be subject to a review and approval process involving Council, utility companies and
certain Provincial government departments (The Planning Act). This process provides an
opportunity for development proposals to be evaluated in accordance with the provisions
of the Development Plan. A subdivision proposal cannot proceed without the approval of
Council and the Provincial approving authority. Council and/or the Provincial approving
authority may attach conditions to approval of a Subdivision Application in accordance
with The Planning Act.
6.1.9 Development Agreements
Municipal approvals of subdivisions and zoning amendments can be conditional on the
preparation of development agreements that will protect both the applicant and the
municipality. A development agreement for a subdivision deals with the responsibilities of
the applicant and the Municipality in providing services to the land in question. A
development agreement on a zoning amendment may deal with the use of the land, the
siting of buildings, the installation of services, provision of open space, etc.
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6.2
ADDITIONAL MEASURES
In addition to the measures outlined above, the municipality may also utilize the following
additional tools for implementing the principles, objectives, policies and actions described
in the Development Plan:
6.2.1 Acquisition & Disposal of Land
The Municipality or a community development corporation may acquire an interest in land,
or sell, lease or otherwise dispose of land for the purpose of implementing the Development
Plan. This could be applied, for example to the protection of riparian areas.
6.2.2 Adoption of Other By-Laws
The Municipality has the capability to adopt and administer other by-laws concerning the
use, development and maintenance of land. This can include measures such as the adoption
of a Building B y-law, Property Maintenance By-law, Access Approval By-law, Drainage
By-law and other types of by-laws affecting the use of land.
6.2.3 Special Studies
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 may be required for development proposed for lands affected by flooding hazards,
endangered species, potential for groundwater/surface water pollution, and general risk to
health and the environment. Developers/proponents may also be required to conduct traffic
studies to support their development proposal. Flood-related studies should include
development setback distances, flood mitigation recommendations, and whether flood
protection can be provided without negatively affecting riverbank stability.
6.2.4 Public Works
The Capital Works Program and public improvements of the Municipality should conform
to the policies set out in this Development Plan and the R.M. of Montcalm Wastewater
Management Plan. These are important implementation tools since a municipality may
influence the rate and direction of growth through the provision of municipal services.
6.2.5 Capital Expenditure Program
Council should consult the Development Plan and related strategies when revising the
municipalities annual (5) Five Year Capital Expenditure Program.
6.2.6 Strategic Plans for Economic Development
As outlined in The Municipal Act, the R.M. of Montcalm may adopt a Strategic Plan for
Economic Development. As part of a strategy for long-term economic sustainability, and
to ensure consistent objectives, policies and programs, the Strategic Plan should be
consistent with the goals, objectives and policies set out in the Development Plan and build
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upon a Community Vision statement and action plans prepared as part of a community
round table process.
6.3
INTERPRETATION
(1) General land use classifications shown on the Development Plan Maps illustrate the
R.M.'s long-term development strategy with respect to land uses and define land use
boundaries.
(2) It is assumed that the achievement of the land use objectives will occur over a period
of years as the existing land use pattern evolves, subject to the periodic review of this
Development Plan.
(3) The land use boundaries shown on the Development Plan Maps should be considered
as defining general spatial relationships between different land use areas and are not
defined by lot lines
(4) Any lot size, distance and area requirements mentioned throughout the Development
Plan are meant to serve as guidelines only. Certain situations may demand flexibility
in the application of these standards.
(5) Individual Policies should not be considered or interpreted in isolation, but rather in
the context of the general spirit and intent of all other Objectives and Policies of the
Development Plan.
(6) Words and expressions used in this Development Plan have the meanings ascribed to
them in Manitoba Planning Regulation, unless the context requires otherwise.
- "Council" shall mean the Rural Municipality of Montcalm Reeve and Councilors.
- "Municipality" typically applies to the Rural Municipality of Montcalm.
- "Development Plan" shall mean the R.M. of Montcalm Development Plan.
- "Zoning By-law' shall mean the R.M. of Montcalm Zoning By-law.
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Appendices
APPENDIX A-DEVELOPMENT PLAN MAPS
MAP 1 RURAL MUNICIPALITY OF MONTCALM
MAP 2 ST. JEAN BAPTISTE
MAP 3 LETELLIER
MAP 4 ST. JOSEPH
APPENDIX B-REFERENCE MAPS
MAP B1 DESIGNATED FLOOD AREA
MAP B2 FLOOD PROTECTION -DIKES & PADS
MAP B3 DRAINAGE 1997 FLOOD EXTENT
MAP B4 DRAINAGE 2009 FLOOD EXTENT
MAP B5 DRAINAGE 2011 FLOOD EXTENT
MAP B6 AGRICULTURAL CAPABILITY
MAP B7 ANNUAL CROP INVENTORY 2015
MAP B8 RURAL TRANSPORTATION NETWORK
MAP B9 REGIONAL CONTEXT MAP