Official Community Plan (RM of Aberdeen No. 373, consolidated to Bylaw 2013-05)
Rural Municipality of Aberdeen No. 373, Saskatchewan
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RURAL MUNICIPALITY OF
ABERDEEN NO. 373
OFFICIAL COMMUNITY PLAN
(Formerly Known as the Basic Planning Statement)
Prepared for:
Rural Municipality of Aberdeen No. 373
Prepared by:
CROSBY HANNA & ASSOCIATES
LANDSCAPE ARCHITECTURE AND PLANNING
SASKATOON, SK
March 2007
RURAL MUNICIPALITY OF ABERDEEN NO. 373
BYLAW NO. _____
A Bylaw of the Rural Municipality of Aberdeen No. 373 to adopt a Basic Planning Statement.
The Council of the Rural Municipality of Aberdeen No. 373, in the Province of Saskatchewan,
in open meeting assembled, hereby enacts as follows:
1.
Pursuant to Section 44 of The Planning and Development Act, 1983, the Council of the
Rural Municipality of Aberdeen No. 373 hereby adopts the "Rural Municipality of
Aberdeen No. 373 Basic Planning Statement", identified as Schedule "A" to this Bylaw.
2.
The Reeve and the Rural Municipal Administrator are hereby authorized to sign and
seal Schedule "A" which is attached to and forms part of this Bylaw.
3.
Bylaw No. 9205, the Basic Planning Statement, and all amendments thereto, are
hereby repealed.
4.
This Bylaw shall come into force on the date of final approval by the Minister of
Government Relations.
Read a first time this day of , _________
Read a second time this day of , _______
Read a third time this day of , ________
Adoption of bylaw this day of , _______
____________________________
REEVE
SEAL
____________________________
RURAL MUNICIPAL ADMINISTRATOR
Certified a true copy of the Bylaw adopted by Resolution of Council on the ____ day of
____________________________, _________.
A Commissioner for Oaths in the Province of Saskatchewan
My appointment expires .
SCHEDULE "A"
BYLAW No ___/200__
RURAL MUNICIPALITY OF ABERDEEN NO. 373
BASIC PLANNING STATEMENT
_________________________________
Reeve
S E A L
_________________________________
Rural Municipal Administrator
CONTENTS
1.
INTRODUCTION ............................................................... 1
1.1
AUTHORITY ..............................................................................................1
1.2
SCOPE .........................................................................................................1
1.3
PURPOSE ....................................................................................................1
2.
MUNICIPAL GOALS ......................................................... 2
2.1
NATURAL AND HERITAGE RESOURCE BASE ...................................2
2.2
PHYSICAL AND ECONOMIC DEVELOPMENT ....................................2
2.3
SENIOR GOVERNMENT INTERESTS AND INVOLVEMENT .............2
3.
NATURAL AND HERITAGE RESOURCES ...................... 3
3.1
FINDINGS ...................................................................................................3
3.2
OBJECTIVES ..............................................................................................3
3.3
POLICIES ....................................................................................................4
4.
AGRICULTURAL LAND USE AND DEVELOPMENT ....... 6
4.1
FINDINGS ...................................................................................................6
4.2
OBJECTIVES ..............................................................................................6
4.3
POLICIES ....................................................................................................7
5.
RESIDENTIAL LAND USE AND DEVELOPMENT .......... 14
5.1
FINDINGS .................................................................................................14
5.2
OBJECTIVES ............................................................................................14
5.3
POLICIES ..................................................................................................15
6. HAMLETS ...................................................................... 23
6.1
FINDINGS .................................................................................................23
6.2
OBJECTIVES ............................................................................................23
6.3
POLICIES ..................................................................................................23
7.
COMMERCIAL AND INDUSTRIAL LAND USE .............. 24
7.1
FINDINGS .................................................................................................24
7.2
OBJECTIVES ............................................................................................24
7.3
POLICIES ..................................................................................................24
8.
MUNICIPAL INFRASTRUCTURE/SERVICES ............... 30
8.1
FINDINGS .................................................................................................30
8.2
OBJECTIVES ............................................................................................30
8.3
POLICIES ..................................................................................................31
9.
INTERMUNICIPAL/JURISIDCTIONAL
COOPERATION ...........................................................................................36
9.1
FINDINGS .................................................................................................36
9.2
OBJECTIVES ............................................................................................36
9.3
POLICIES ..................................................................................................36
10. FUTURE LAND USE CONCEPT ................................... 38
10.1
AGRICULTURE / COMMERCIAL POLICY AREA ..............................38
10.2
COUNTRY RESIDENTIAL POLICY AREA ..........................................39
11. IMPLEMENTATION ......................................................... 41
11.1
ZONING BYLAW .....................................................................................41
11.2
OTHER IMPLEMENTATION TOOLS ....................................................44
11.3
ADMINISTRATION .................................................................................46
12. MAPS ............................................................................. 47
MAP 1
FUTURE LAND USE CONCEPT .............................................47
13. COUNTRY RESIDENTIAL DEVELOPMENT PROPOSAL
EVALUATION WORKBOOK ........................................... 49
1.
INTRODUCTION
1.1
AUTHORITY
In accordance with Sections 39 and 42 of The Planning and Development Act, 1983, the
Council of the Rural Municipality of Aberdeen No. 373 has prepared and adopted this Basic
Planning Statement to provide the Rural Municipality with goals, objectives and policies
relating to approximately 15 - 20 years of future growth and development within the
community.
Section 42 of The Planning and Development Act, 1983, provides that a Basic Planning
Statement is required to:
a)
contain a statement of the objectives for the future development of the municipality.
b)
contain a statement of the objectives to be accomplished by a Zoning Bylaw.
c)
incorporate, insofar as is practical, any applicable provincial land use policies.
d)
be based on any studies and surveys that the Minister may require or that may
otherwise be appropriate.
e)
address any other matters that Council considers advisable.
A Basic Planning Statement existing as of the date of the coming into force of The Planning
and Development Act, 2007 (the Act) is deemed, insofar as it is not inconsistent with the
Act, to be an Official Community Plan. References in this document to "Basic Planning
Statement" should be taken to mean "Official Community Plan" insofar as those references
are consistent with the provisions of the Act for the official community plans.
c. Bylaw 2009-02
1.2
SCOPE
The policies of this Basic Planning Statement shall apply to the incorporated area of the
Rural Municipality. All development within the incorporated boundaries of the Rural
Municipality shall conform to the objectives and policies contained in this Basic Planning
Statement
1.3
PURPOSE
This Basic Planning Statement is intended to serve as a statement of the goals, objectives and
policies of the Rural Municipality of Aberdeen No. 373 relating to the future growth and
development of the community. The policies are intended to provide Council with direction
in establishing other bylaws and programs to guide the future growth and establish guidelines
for formulating decisions on future land use and development proposals.
2
2. MUNICIPAL GOALS
2.1
NATURAL AND HERITAGE RESOURCE BASE
(1)
To conserve the aquatic and terrestrial ecological resources of the municipality.
(2)
To utilize the natural resources of the municipality in a manner which is
economically, socially and environmentally sustainable.
(3)
To provide ongoing opportunities for residents and non-residents of the municipality
to enjoy and appreciate the water and land resource values of the municipality.
2.2
PHYSICAL AND ECONOMIC DEVELOPMENT
(1)
To ensure sustainable physical development which reflects both market conditions
and public needs, and is compatible with municipal financial capabilities and the
need for resource conservation.
(2)
To strengthen the economic base of the municipality by creating a positive
environment for sustainable business development.
2.3
SENIOR GOVERNMENT INTERESTS AND INVOLVEMENT
(1)
To obtain the support and assistance of senior governments in the realization of the
goals and objectives of this plan where such realization is consistent with the
protection and maintenance of federal and provincial interest.
(2)
To support and complement provincial interest where such interest has been made
known to the Municipality.
3
3. NATURAL AND HERITAGE RESOURCES
3.1
FINDINGS
(1)
A total of approximately 2629 ha (6496 acres) of wetlands have been identified in the
municipality. In addition to providing often important wildlife habitat, wetlands are
generally unsuitable for most forms of development and land use and may also
present a flood hazard to many forms of development.
(2)
Lands exist within the municipality that are potentially subject to periodic flooding
and erosion.
(3)
The Soil Survey report for the R.M. of Aberdeen indicates that a total of 13,570 ha
(33,532 acres) is rated Class 2 or better in terms of capability for dry land agricultural
production.
(4)
It is expected that only approximately 400 ha (988 acres) of land in the municipality
may contain gravel resources that could offer potential as municipal or commercial
sources of this aggregate resource.
(6)
One Municipal Heritage Property has been designated in the R.M. of Aberdeen. In
addition to this, a high number of sites (432) have been documented as containing
significant cultural heritage resources, including four "sites of a special nature".
3.2
OBJECTIVES
(1)
To encourage the subdivision and development of land in the Municipality in an
environmentally sustainable manner.
(2)
To protect natural features, resources, communities and ecosystems in the
Municipality.
(3)
To protect known aggregate (gravel) sources from incompatible forms of
development.
(4)
To protect historic, archaeological and other features, resources or sites of cultural
heritage significance from incompatible development and, where such protection
cannot be achieved, to ensure appropriate mitigation of impacts.
(5)
To encourage the preservation of natural wildlife habitat areas and other significant
areas of natural vegetation in the Municipality.
4
(6)
To ensure that development does not occur on potentially hazardous land without
adhering to appropriate development standards.
(7)
To ensure that future development does not compromise the significant cultural and
heritage resources in the R.M..
3.3
POLICIES
(1)
Development shall not deplete or pollute ground water in the municipality.
(2)
Development shall not damage or destroy fish habitat within the municipality.
(3)
Development shall not needlessly destroy unique flora or critical wildlife habitat,
providing fire and / or other safety hazards are not created.
(4)
Wetland areas along a lake, slough or creek will be protected and, where appropriate,
integrated with recreational uses and development. Future development will not alter
such wetland areas other than by the addition of appropriate structures such as:
walkways, pedestrian bridges, boardwalks, and interpretive media.
(5)
Development shall not damage or destroy any building or site deemed to be of
cultural or heritage significance.
(6)
Council will work with agencies of the provincial government to protect any
significant heritage resources, critical wildlife habitat, or rare or endangered species
located in the municipality. Where significant potential for the occurrence of such
features or resources has been identified to Council, Council may delay development
until such time as the requirements of the relevant provincial agencies to protect such
resources have been obtained. Any costs associated with meeting such requirements
will be the responsibility of the applicant.
(7)
Development shall avoid land that is potentially hazardous due to flooding, erosion,
slumping, slope instability or soil contamination. Council may require subdivision
and development permit applicants adjacent to water courses and standing bodies of
water to consult with the Saskatchewan Watershed Authority to assess the potential
flood hazard due to flooding. The flood hazard standard shall be defined as the 1:100
year flood elevation plus wave and wind run-up or the 1:500 year flood elevation,
whichever is greater. Council may require a development proponent for land that is
suspected of containing contaminated soil to undertake an environmental assessment
5
in accordance with the requirements of the Zoning Bylaw prior to its issuance of
development approval.
c. Bylaw 2013-05
(8)
Where there is subdivision of land, any areas that are determined to be hazard land
will be designated as environmental reserve in accordance with The Planning and
Development Act, 2007.
c. Bylaw 2009-02
(9)
Council may refuse to authorize development of structures on hazard land or may
permit development only in accordance with specified mitigation measures. The
costs associated with undertaking specified mitigation measures, and with providing
the required documentation related to any specified mitigation measures will be
borne by the applicant/ proponent of the proposed development.
(10)
Development shall avoid land that is environmentally sensitive.
(11)
The design and construction of development shall occur in such a manner so as to
avoid or mitigate the impact of site drainage onto adjacent property. Council shall
require the preparation of a hydro-geological report and drainage plan in conjunction
with all subdivision proposals for multiple lot country residential, commercial or
industrial development to accommodate the potential for flooding based on a
projected 1:100 year flood event. Site grading plans shall be required in conjunction
with development permit applications for the development of sites in approved
subdivisions.
c. Bylaw 2013-05
6
4. AGRICULTURAL LAND USE AND DEVELOPMENT
4.1
FINDINGS
(1)
The Soil Survey report for the R.M. of Aberdeen indicates that a total of 13,570 ha
(33,532 acres) is rated Class 2 or better in terms of its capability for dryland
agricultural production.
(2)
Agricultural activity in the R.M. of Aberdeen is dominated by the dryland cultivation
of grains and oilseeds, followed by the cattle industry.
(3)
6 Intensive Livestock Operations (I.L.O.'s) are known to exist in the R.M.
(4)
Policy is needed to ensure adequate site size for agricultural holdings but flexibility
will be needed to accommodate intensive agriculture, small-scale farms and farm
diversification / agricultural innovation.
(5)
Policy is required to accommodate farm land subdivision to reflect realities of farm
debt settlement, farmland consolidation, estate settlement and the existence of natural
and human-created barriers and obstructions.
(6)
Policy is needed to deal with the location and development of Intensive Livestock
Operations. Such policy must reflect the role(s) and responsibility(ies) of both the
province and the Municipality in controlling I.L.O. development.
(7)
Policy is needed to provide for the orderly development of farm-based businesses in
the Municipality (e.g. seed-cleaning plants).
4.2
OBJECTIVES
(1)
To recognize the value of high quality agricultural land for continuing productive
agricultural use.
(2)
To protect agricultural land uses from negative impacts of non-agricultural use and
development.
(3)
To ensure that buildings and lots are constructed and maintained to acceptable
standards.
(4)
To accommodate intensive agricultural uses in the municipality provided they
observe development standards and do not override environmental concerns.
7
(5)
To promote and encourage agricultural land use practices and development which
enhance soil conservation.
(6)
To encourage agricultural and natural resource development which will improve the
economic health of the Municipality.
(7)
To encourage, and provide opportunity for, further development and land uses that
will result in increased economic diversification, agricultural innovation and
agriculture-related value-added activity in the Municipality.
(8)
To accommodate agroforestry as an agricultural use.
(9)
To provide opportunity for farm-based business opportunities.
(10)
To accommodate farm residential needs.
4.3
POLICIES
(1)
The primary agricultural uses include grain farming, mixed grain/livestock
operations, farm operations and farm residences, intensive agricultural uses,
agricultural related commercial and industrial developments, and farm or home-based
businesses. The Zoning Bylaw will contain an Agriculture / Commercial District to
provide for these uses and compatible development.
(2)
Agriculture and farm-residential building construction will be regulated by the Rural
Municipality's Building Bylaw.
(3)
Intensive Agriculture Uses
(a)
Intensive Livestock Operations (ILO's)
(i)
It is Council's view that development of ILO's is appropriate,
provided that unacceptable land use conflicts are not created as a
result of such development. In general, Council will support the
development of intensive agricultural and livestock operations (ILO's)
unless specific locational conflicts would be created.
(ii)
Intensive livestock operations involving 100 animal units or more
will be permitted subject to the discretion of Council in accordance
with specific policies contained herein. An expansion of an operation
to provide for a greater number of animal units than the maximum
8
number specified in the initial discretionary use approval, or any
change in an operation which alters the species of animal reared,
confined or fed in the operation, shall require a new discretionary
approval.
(iii)
The Zoning Bylaw may provide for the temporary confinement of
cattle on a farm operation during winter months as part of a permitted
use general mixed farm operation.
(iv)
Using the discretionary use procedure outlined in the Zoning Bylaw,
Council shall require advertisement of a proposal that will result in
development of an intensive livestock operation, or in the expansion
or alteration of an intensive livestock operation requiring a new
discretionary use approval, and shall hold a public hearing on the
proposal.
(v)
Council shall require an applicant to demonstrate that the water
supply is sufficient for the development and the supply for
neighbouring developments will not be adversely affected by the
proposed operation.
(vi)
Council may require an applicant to utilize manure management
practices or other technology than conventional stockpiling and
spreading.
(vii)
As a condition of approval, Council may impose standards to reduce
the potential for conflict with neighbouring uses which specify:
-
the location of holding areas, buildings or manure storage
facilities on the site.
-
manure management practices of the operation.
-
use of synthetic or other covers for liquid manure storage
lagoons or earthen manure storage facilities.
-
use of ventilation measures in buildings to control odours.
-
requirements for monitoring wells for water quality and
quantity purposes.
-
annual confirmation of the availability of sufficient suitable
lands for the disposal of manure.
9
(viii) For applications for wild boar operations, Council may require that a
containment plan be submitted, setting out in detail the techniques
and methods to be used to keep the wild boars contained.
(b)
Locational Policies
(i)
In order to minimize conflicts between intensive livestock operations
and other development, policies for minimum separation between
land uses are set out in Table 4-1. These minimum separation
distance policies shall apply both to development, alteration or
expansion of intensive livestock operations and to other development
proposed in the vicinity of existing intensive livestock operations.
c. Bylaw 2009-02
(ii)
Council may approve a lesser separation than set out in (i) above
where the applicant submits a copy of an agreement between the
operator of the ILO and the owner(s) of the other affected
development or urban Council (as appropriate), agreeing to such
lesser separation. Such agreements between an operator and an
owner (owners) of another development (other developments) must
contain the provision that the parties to the agreement will register an
interest to the titles of the affected land. Where such agreements are
made, Council shall be a party to the agreement and may use Section
235 of the Planning and Development Act, 2007 to register an interest
to the title(s) of the affected lands.
c. Bylaw 2009-02
(iii)
Council may require a greater separation than set out in (i) above.
This would apply only where an unacceptable land use conflict would
result with existing development. (e.g.: in instances where higher
nearby development intensity or topographic situation results in
greater potential for conflict and where such greater separation would
serve to reduce the conflict to acceptable levels).
(iv)
Council may require a greater separation from any liquid manure
storage lagoon or earthen manure storage facility involved in the
operation, to residential and other developments. A separation
distance to the lagoon or storage facility from a residence of 1.5 times
the distance required as per (i) above will be considered adequate.
(c)
Other Intensive Agricultural Uses
10
(i)
Intensive agricultural uses, such as nurseries, market gardens and
other forms of intensive agriculture aimed at diversification of the
farm economy, will be encouraged and permitted subject to the
discretion of Council. Council may require the proponents of such
developments to demonstrate that the water supply is sufficient for
the development and the supply for neighbouring developments will
not be adversely affected by the proposed operation, as a basis for
approval.
(ii)
The Zoning Bylaw will contain minimum site size standards for
intensive agricultural uses. Smaller sites will be permitted for
intensive agricultural uses, excluding intensive livestock operations,
to facilitate their development.
(iii)
New intensive agriculture development in the form of market gardens
shall maintain minimum separation distances from existing industrial
and hazardous industrial uses as shown in Tables 7-1 and 7-2.
c. Bylaw 2009-02
11
TABLE 4-1:
POLICIES FOR MINIMUM SEPARATION DISTANCE RELATING TO
INTENSIVE LIVESTOCK OPERATIONS
Other Principal Land Uses
100 - 300
Animal Units
301 - 1,000
Animal Units
Over 1,000
Animal Units
Residence not owned by the
ILO operator(1), tourist
accommodation(2)
300 metres
(985 feet)
800 metres
(0.5 miles)
1,200 metres
(0.75 miles)
Multiple-lot country
residential subdivision(3),
hamlet(3) or urban
municipality(4)
1,600 metres
(1 mile)
2,400 metres
(1.5 miles)
3,200 metres
(2 miles)
Commercial or industrial
use(5)
300 metres
(1,000 feet)
300 metres
(1,000 feet)
300 metres
(1,000 feet)
Municipal Well(6)
1,600 metres
(1 mile)
1,600 metres
(1 mile)
1,600 metres
(1 mile)
Notes:
(1)
Distances from individual residences are measured between livestock facilities and
residential building development.
(2)
Distances from tourist accommodations are measured between livestock facilities and the
tourist accommodation site.
(3)
Distances from multiple-lot country residential subdivisions and hamlets are measured
between livestock facilities and the residential or hamlet sites.
(4)
Distances from urban municipalities are measured between livestock facilities and the
corporate limits of the urban municipalities.
(5)
Distances from commercial or industrial uses are measured between livestock facilities and
the commercial or industrial sites.
(6)
Distances from municipal wells are measured between livestock facilities and the well head.
(4)
Agricultural Related Commercial and Industrial Uses
(a)
The Zoning Bylaw will list principal agricultural related commercial and
industrial uses as discretionary uses.
(b)
Approval for such commercial or industrial developments may be granted if
their function is related to agriculture and only after a review by Council, to
ensure that:
(i)
incompatibility with other land uses will be avoided, including
consideration of proximity to urban centres, hamlets and multiple-
parcel country residential subdivisions.
12
(ii)
policies for environmental quality control will not be jeopardized,
including water and waste disposal servicing.
(iii)
the design and development of the use will conform to high standards
of safety, visual quality and convenience.
(iv)
the development will be situated along an all-weather municipal road.
(v)
all relevant approvals are obtained from government agencies for uses
such as anhydrous ammonia fertilizer facilities.
(5)
Farm Dwellings
(a)
One farm dwelling will be permitted for farm operations, intensive livestock
operations or intensive agricultural operations. Additional dwelling units
may be permitted, by a resolution of Council, if accessory to a legitimate farm
operation, intensive livestock operation or intensive agricultural operation,
and if it is intended to accommodate farm workers. The granting of a
dwelling development permit by Council for such additional dwelling(s) shall
not be construed, in any way, as consent or approval for future subdivision.
(6)
Agricultural Subdivision Policy
(a)
Agricultural Land
Except as otherwise provided for intensive agricultural operations, the
fragmentation of agricultural holdings is not encouraged. However,
subdivision of land into parcels smaller than a quarter section for legitimate
agricultural purposes will be permitted where:
(i)
the severity of a financial crisis for a particular farm operation is
demonstrated, in Council's opinion, to warrant the subdivision of a
smaller site to assist debt restructuring or settlement.
(ii)
it is fragmented from the balance of the quarter section by either
natural (river, creek, coulee, etc.) or man made (roadway, railway,
etc.) barriers.
(iii)
it is intended to be consolidated under one title with adjacent land, in
accordance with the Land Titles Act, 2000, to create a more viable
agricultural unit.
(iv)
the agricultural parcel created results from the subdivision of land for
purposes consistent with the objectives and policies in this Bylaw.
13
(v)
it is intended to accommodate estate planning or settlement.
(vi)
it will accommodate the purchase or lease of Crown land.
(7)
Farm Based Businesses
(a)
It is recognized that farm based businesses and on-farm employment
opportunities, such as but not limited to bed and breakfast establishments and
vacation farms, can provide a valuable contribution to the diversified
economic base of the rural municipality. Farm based businesses shall be
listed as discretionary uses in the Zoning Bylaw. Approvals will be based on
the evaluation of individual operations relative to specific zoning bylaw
criteria to ensure that the agricultural character or land value is not
diminished.
(b)
Farm based businesses that include the provision of commercial
accommodation, including but not limited to bed and breakfast
establishments and vacation farms, shall maintain minimum separation
distances from existing industrial and hazardous industrial uses as shown in
Tables 7-1 and 7-2.
c. Bylaw 2009-02
(8)
Dugouts, sewage lagoons, and manure storage pits shall maintain a minimum
separation distance of 38 metres from the legal boundaries of municipal road right-
of-ways / road allowances and provincial highway right-of-ways.
14
5.
RESIDENTIAL LAND USE AND DEVELOPMENT
5.1
FINDINGS
(1)
Residential development in the R.M. of Aberdeen can generally be classified as
"country" residential in character.
(2)
Two country residential subdivisions have been developed and built in the R.M.
(Strawberry Hills and Strawberry Ridge). Three more subdivisions have been
registered in the R.M. but are in vary stages of being serviced and built out
(Bergheim Estates, Cherry Hills, Mission Ridge).
(3)
Land use policy is required to minimize the costs of country residential development
to the municipality and to ensure that it is undertaken in an orderly, planned manner.
(4)
Pressure to develop Country Residential subdivisions in the R.M. has been very high
in recent years. Policies are required to deal with future applications for country
residential subdivision and development, including locational guidelines and other
conditions under which it may be permitted.
5.2
OBJECTIVES
(1)
To ensure that country residential land uses do not jeopardize essential agricultural or
other natural resource activities.
(2)
To permit country residential development to provide a growth stimulus to the
community and choice of lifestyles for residents.
(3)
To minimize the economic costs of country residential development to the
Municipality.
(4)
To minimize negative impacts of country residential development on the
environment and on surrounding land uses.
(5)
To ensure that multiple-lot and single parcel country residential subdivision and
development, is undertaken in a planned manner and to provide for development of
existing country residential sites and abandoned farm yard sites.
(6)
To ensure that buildings and lots are constructed and developed so as to minimize
conflict with adjoining land-owners and development.
15
5.3
POLICIES
(1)
The Zoning Bylaw will contain a series of country residential zoning districts to
accommodate the range of existing residential uses, forms and densities that legally
conform to Bylaw 9206, as amended.
(2)
Residential building construction shall be regulated by the R.M.'s Building Bylaw.
(3)
The bylaws of Council will provide for adequate separation between dwellings, clear
of fire hazards.
(4)
Subject to all other policies in this document, Council will consider bare-land
condominium development as an alternative to conventional subdivision, to achieve
the goals and residential objectives set out in this document.
(5)
In association with an application for a development permit, Council may require
submission of a site grading plan demonstrating that there is adequate drainage from
a site and that neighbouring properties and municipal infrastructure will not
adversely be affected by potential runoff from the site.
(6)
The Zoning Bylaw will regulate the distances of building or structures from the
property line, the minimum space to be allowed between buildings and the property
lines of the lots on which they are constructed, the maximum height of buildings or
structures and the maximum coverage of a site by buildings or structures.
(7)
The Zoning Bylaw will provide for other forms of development, facilities and
recreational uses in residential districts that are consistent with and complementary to
the overall residential and recreational uses of the district.
(8)
Single Parcel Country Residential Policy
(a)
Locational Policies
(i)
To retain the agricultural character of the Municipality, a maximum
of four separate single-parcel country residential sites per quarter
section will be allowed at the discretion of Council. In order to
minimize conflict between single-parcel country residential
subdivisions and other development, subdivision and subsequent
development will be allowed, subject to the following separation
policies:
-
minimum 400 metres from a wildlife management area or
bird sanctuary.
16
-
minimum 1.6 kilometres from the corporate limits of an urban
municipality when it is that a conflict will result with the
future long term development of such area.
c. Bylaw 2009-02
-
minimum 300 meters from a large scale agricultural related
commercial uses;.
c. Bylaw 2009-02
-
minimum 200 metres from an existing or proposed gravel pit
operation.
(ii)
Council may, in following the above, establish minimum separation
requirements that are up to twenty per cent (20%) greater than noted
above. Such increases shall be dependent upon the degree of conflict
resulting between land uses, in terms of such factors as (but not
necessarily limited to): noise, dust, odours or other emissions, site
lighting or traffic.
(iii)
The following separation policies shall also apply:
-
minimum separation from Intensive Livestock Operations as
provided in Section 4.3(3)(b) of this Bylaw.
-
minimum separation from industrial uses as provided in
Section 7.3(8) of this Bylaw.
-
minimum separation from hazardous industrial uses as
provided in Section 7.3(12) of this Bylaw.
-
minimum separation from public works in the form of solid
and liquid waste management or disposal facilities as
provided in Section 8.3(8) of this Bylaw.
(iv)
Single parcel country residential subdivision and development will be
permitted only where direct all-weather public road access has been
provided to the satisfaction of Council.
(b)
Development Standards
(i)
The Zoning Bylaw will prescribe maximum and minimum site sizes
and other appropriate development standards for single lot country
residential development, with the aim of limiting the amount of
17
productive agricultural land taken out of production, limiting the
growth of weeds and ensuring that such development does not result
in increased road hazards related to obstruction of sight lines.
Council may allow a greater site size for a single lot country
residential development than prescribed in the zoning bylaw where a
proposed single lot country residential development is fragmented
from the balance of the quarter section by either a natural (e.g. river,
creek, coulee, etc.) or man-made (roadway, railway, etc.) barrier.
c. Bylaw 2009-02
(c)
Single parcel country residential subdivision and development will not be
permitted on a quarter section that includes an existing multiple-parcel
country residential subdivision.
(9)
Multiple-Lot Country Residential Policy
(a)
The Zoning bylaw shall contain a series of country residential zoning districts
to accommodate various densities of multiple - lot country residential
subdivision (Table 5-1) as follows:
(i)
CR1 - Low Density Country Residential District
The objective of this district is to accommodate low density multiple lot
country residential development with site sizes ranging from 4.04 ha (10
acres) to 8.08 ha (20 acres). The intent of this district is to accommodate low
density country residential development and compatible uses. The density of
development is sufficiently low to be approved subject to the provision of
onsite source water and sewage disposal systems.
(ii)
CR MU-Low Density Country Residential Mixed Use District
The objective of this district is to accommodate low density multiple lot
country residential development with site sizes ranging from 2.03 ha (10
acres) to 4.04 ha (10 acres). The intent of this district is to accommodate low
density country residential development and compatible uses, including forms
of commercial and light industrial use and development in specified areas
according to development standards to minimize land use conflict.
(iii)
CR2 -Medium Density Country Residential District
The objective of this district is to accommodate medium density multiple lot
country residential development with site sizes ranging from 2.03 ha (5 acres)
to 4.04 ha (10 acres). The intent of this district is to accommodate medium
18
density country residential development and compatible uses. Development
at this density may be approved subject to the provision of communal water
and sewage disposal systems.
(iv)
CR2A - Medium Density Country Residential District
The objective of this district is to accommodate medium density multiple lot
country residential development at a with site sizes ranging from 1.2 ha (3
acres) to 4.04 ha (10 acres). The intent of this district is to accommodate
slightly higher medium density country residential development and
compatible uses than in the CR2 District. Development at this density may
be approved subject to the provision of communal water and sewage disposal
systems or onsite water and sewage facilities as recommended by an engineer
and approved by the Regional Health Authority.
(v)
CR3- High Density Integrated Country Residential /Recreational
District
The objective of this district is to accommodate high density multiple- lot
country residential development with site sizes ranging from .2 ha (.5 acres)
to 8.08 ha (3 acres) directly related to a planned and integrated recreational
facility, such as a golf course or equestrian facility. Development at this
density shall be approved subject to the provision of communal water and
sewage disposal systems or onsite facilities as recommended by an engineer
and approved by the Regional Health Authority.
c. Bylaw 2013-05
(b)
Subdivision for non farm residential development at a density greater than
four residential sites per quarter section will be considered for multiple-lot
developments, on the basis of project merits relative to the policies in this
Bylaw. Such subdivision shall be implemented in association with a rezoning
to a country residential zoning district.
(c)
Locational Guidelines
In order to provide for effective and efficient municipal and other services,
and to protect prime agricultural land and important wildlife habitat in the
municipality, multiple-lot country residential subdivisions should be located:
(i)
Near a school of sufficient capacity to handle the increase in
enrolment or on an existing school bus route.
19
(ii)
Near power, natural gas and telephone lines of sufficient capacity to
handle such development.
(iii)
So that adequate police and fire protection can be conveniently
provided.
(iv)
To protect or enhance existing treed areas and/or critical wildlife
habitat.
(v)
Only where direct all-weather public road access has been provided to
the satisfaction of Council.
(d)
Locational Requirements
(i)
In order to minimize conflict between multiple-lot country residential
subdivisions and other development, multiple-lot country residential
subdivisions shall not be located:
-
Closer than 800 meters (½ mile) from a large scale
agricultural related commercial use.
-
Closer than 305 metres (1,000 feet) from a non-refrigerated
anhydrous ammonia facility or 600 metres (2,000 feet) from a
refrigerated anhydrous ammonia facility licensed by the
Government of Saskatchewan. Residences, which are an
integral part of the fertilizer operation, are not subject to the
foregoing requirements.
-
Closer than 600 metres (2,000 feet) from an existing gravel
extraction operation or from a site where it has been
documented that in situ aggregate resources are of sufficient
quality and quantity to support possible future gravel
extraction operations.
-
Closer than 2 kilometres (1.25 miles) to a hamlet, regional
park or the limits of an urban municipality.
-
Closer than 800 metres (0.5 miles) from a wildlife
management area or bird sanctuary.
-
Closer than 2 kilometres (1.25 miles) from an airport.
20
(ii)
Multiple-lot country residential subdivisions are subject to policies
governing minimum separation from Intensive Livestock Operations,
as provided in Section 4.3(3)(b) of this Bylaw.
(iii)
Multiple-lot country residential subdivisions are subject to policies
governing minimum separation from industrial uses as provided in
Section 7.3(8) of this Bylaw.
(iv)
Multiple-lot country residential subdivisions are subject to policies
governing minimum separation from hazardous industrial uses as
provided in Section 7.3(12) of this Bylaw.
(v)
Multiple-lot country residential subdivisions are subject to policies
governing minimum separation from public works in the form of
solid and liquid waste management or disposal facilities as provided
in Section 8.3(8) of this Bylaw.
(vi)
Multiple-lot country residential subdivisions shall not be located:
-
Where direct all-weather public road access has not been
developed, except where arrangements have been made, to the
satisfaction of Council, for the development of such access.
-
On land subject to flooding, or land where there is a high
water table or potential for soil slumping, collapse or
subsidence.
-
In a linear fashion stretched along municipal roads.
(e)
Development and Design
(i)
Phasing A maximum of three multiple-lot country residential
subdivisions in developmental stages will be allowed at any point in
time. Multiple-lot country residential subdivisions with less than
75% of building lots with completed residential construction will be
considered to be in a developmental stage. However, if 75% of
available lots in one or more of those three subdivisions are vacant
but it appears that development is lagging because the developer/ land
owner is holding land vacant or is encountering difficulty with
financing the development then that subdivision will be deemed to
not be in a developmental stage and Council may consider the
approval of up to three additional subdivision proposals. These
phasing guidelines shall not preclude the approval by Council of a
21
high density integrated multiple lot country residential /recreational
development, subject to the proposed development meeting all the
requirements of this Plan. Multiple lot country residential
development proposals that feature recreational facilities adjacent to
or included within the boundaries of a multiple lot country residential
development may be considered for approval subject to the receipt by
the Council of a comprehensive development proposal, to significant
public consultation and to the proposed development meeting all the
requirements of this Plan.
c. Bylaw 2009-02, c. Bylaw 2013-05
(ii)
New Proposals: Pursuant to 5.3(9)(e)(i) above, when Council
determines that an additional multiple-lot country residential
subdivision is appropriate for consideration with respect to a zoning
change (to a country residential zoning district), it will issue a formal
Request For Country Residential Development Proposals. This
Request For Country Residential Development Proposals will allow
Council evaluate preliminary proposals / concepts pursuant to the
"Country Residential Development Proposal Evaluation Workbook"
contained in Section 13 of this Bylaw. Subject to all other policies
contained within this Bylaw, Council will only consider rezoning land
to accommodate additional multiple-lot country residential
development where:
c. Bylaw 2009-02
-
the proposal was deemed successful by Council pursuant to
the Rural Municipality's formal Request For Country
Residential Proposals process; and
-
the proposal has been formally referred to Council by the
Subdivision Approving Authority.
(ii)
Scale and Density
Each multiple- lot country residential
subdivision development shall be limited to a maximum of 64.8
hectares (160 acres), and contain no more than 40 separate
residential sites, including any existing single-parcel country
residential subdivisions. These provisions shall not apply to high
density integrated multiple-lot country residential /recreational
development and subdivision.
c. Bylaw 2013-05
22
(iv)
Concept Plan Council will require, in the interests of ensuring a
comprehensive and planned approach to development, the preparation
of a concept plan for the entire area that will ultimately be developed
and submission of supporting documentation, where appropriate, as
follows:
-
Reports, prepared by professionals certified to assess relevant
factors, to assess the geotechnical suitability of the site,
susceptibility to flooding or other environmental hazards,
together with any required mitigation measures. These
measures may be attached as a condition for a development
permit approval.
-
Engineering reports including a hydro-geological report to
assess the availability and quality of water; an assessment of
existing surface water drainage including a drainage plan and
a servicing plan to address the provision of all required
municipal and associated services including roads, proposed
sewer and water service and parks and open space
development. Council shall require, in association with an
application for a development permit a site grading plan
demonstrating that there is adequate drainage from a site and
that neighbouring properties and municipal infrastructure will
not be adversely affected by potential runoff from the site.
c. Bylaw 2013-05
-
The initial concept plan shall provide an integrated layout for
the total country residential subdivision development
envisioned, showing road layout and access to external public
road, phasing of development, and dedicated lands. Once the
initial concept plan has been accepted by Council, and
subdivision and development commences, no subsequent
subdivision that is inconsistent with the approved concept
plan and all policies in this document will be permitted
without acceptance of a revised concept plan by Council.
(v)
Services: Based on the recommendations of engineering reports as
per Section (iv), above:
Water:
-
each site in the proposed development area shall have its own
independent water system; or
23
-
each site in the proposed development area will be connected
to a Regional Water Distribution system; or
-
each site in the proposed development area will be serviced
with an independent communal water supply system approved
pursuant to either the Public Health Act, 1994 and associated
regulations, as administered by the Regional Health Authority
or the Environmental Management and Protection Act, 2002
and associated regulations.
c. Bylaw 2009-02
Sewer:
-
each site in the proposed development area shall have its own
independent sewage disposal system approved by the
Regional Health Authority; or
-
each site in the proposed development area will be serviced
with an independent communal sewage collection, treatment
and disposal system approved pursuant to either the Public
Health Act, 1994 and associated regulations, as administered
by the Regional Health Authority or the Environmental
Management and Protection Act, 2002 and associated
regulations.
c. Bylaw 2009-02
Solid Waste:
-
Council will consider a proposed development on the basis
that a licensed solid waste management facility is available
for use by future residents.
c. Bylaw 2009-02
Communal Services:
-
Council will require the developer of a proposed development
to enter into a servicing agreement to provide for any
proposed communal water and sewer system. Such servicing
agreement shall establish the developer's responsibility for the
construction of such systems. The users of these systems
24
shall be responsible for the cost of their construction,
operation and management.
c. Bylaw 2009-05
(vi)
Services for high density integrated multiple -lot country residential
/recreational
-
All proposed development shall be serviced by a centralized potable
water system or by on site facilities as recommended by a professional
engineer, as approved by the Regional Health Authority or Ministry of
Environment.
-
All proposed development shall be required to provide a communal
sewage disposal system acceptable to the Regional Health Authority.
-
The Council shall as a condition of its approval require the
establishment of a public utility for the proposed development,
responsible for the ongoing operation and maintenance of communal
water and sewage disposal systems which shall provide regular reports
from qualified personnel respecting the operation of the systems.
25
(f)
Development Standards
The Zoning Bylaw will prescribe maximum and minimum lot sizes and other
appropriate development standards for multiple-lot country residential
development, with the aim of preserving productive agricultural land,
minimizing land use conflict, and ensuring that such development does not
result in increased road hazards related to obstruction of sight lines, etc.
(11)
Home Based Business
It is recognized that home based businesses can provide a valuable contribution to the
diversified economic base of the Rural Municipality. Approvals will be based on the
evaluation of individual operations relative to specific zoning bylaw criteria to ensure
that the residential character or land value is not diminished.
(12)
To facilitate the resolution of encroachment issues, Council will, in general, support
applications for the subdivision of two or more residential sites that will result in a
realignment of residential property lines intended to correct an encroachment.
26
TABLE 5-1:
RESIDENTIAL ZONING DISTRICTS
Subdivision
Rezoning Type
Required
Minimum Parcel
Size
Maximum Parcel
Size
Maximum Land
Area
Water
Sewer
Roads
Single Parcel
No Disc. Use
2.03 ha (5 ac)
4.04 ha (10 ac)
n/a
Private
Private
Gravel
Low Density CRI
Yes
4.04 ha (10 ac)
8.08 ha (20 ac)
64.8 ha/phase
Private
Private
Gravel
Low Density Mixed Use
CRMU
Yes
2.03 ha (5 ac)
4.04 ha (10 ac)
64.8/phase
Private
Private
Gravel
Medium Density
CR2
Yes
2.03 ha (5 ac)
4.04 ha (10 ac)
64.8/phase
Communal
Private
Gravel
Medium Density
CR2A
Yes
1.2 ha (3 ac)
4.04 ha (10 ac)
64.8/phase
Communal
Communal
Gravel/
Paved
High Density Integrated
Res / Rec
CR3
Yes
0.2 ha (0.5 ac)
4.04 ha (10 ac)
n/a
Communal
Communal
Paved
27
6. HAMLETS
6.1
FINDINGS
(1)
The hamlet of Edenberg includes limited residential / agriculture development on
large sites and a dairy farm.
6.2
OBJECTIVES
(1)
To accommodate future development in Hamlets which will minimize conflict with
other land users.
(2)
To ensure that future development within Hamlets is consistent with the capacities of
the R.M.'s infrastructure to support it.
6.3
POLICIES
(1)
The Zoning Bylaw designate land within the Hamlet of Edenburg for agriculture
development.
(2)
Limited residential and commercial growth in the form of infilling of existing vacant
land shall be allowed in the Hamlets. The provision of additional lots adjacent to
existing communities will not proceed until such time as a detailed layout and
servicing concept is prepared for the affected Hamlet and is adopted by Council.
28
7. COMMERCIAL AND INDUSTRIAL LAND USE
7.1
FINDINGS
(1)
Commercial and light Industrial activity in the Municipality includes several large-
scale agriculture-oriented industrial operations as well as a green house, agricultural
service operations, and aggregate extraction. Policy should provide direction for
growth and development of industrial / commercial enterprises relating to agriculture
and other enterprises if and as demand arises.
(2)
To avoid conflict with other land uses / development, policies are required to set
locational guidelines and other conditions under which industrial and commercial
development may be permitted.
(3)
Policy is needed to provide for the orderly development of farm-based and home
based businesses in the Municipality.
7.2
OBJECTIVES
(1)
To ensure that buildings and lots are constructed and maintained to acceptable
standards.
(2)
To maintain and enhance the existing nodes of commercial and industrial
development in the municipality.
(3)
To facilitate new commercial and industrial development that would avoid land use
conflicts.
(4)
To protect existing and future agricultural-oriented industrial land uses in the
Municipality from incompatible forms of development.
(5)
To ensure that future agricultural-oriented industrial land uses do not conflict with
other land uses and development within the municipality.
7.3
POLICIES
(1)
The Zoning Bylaw will contain a commercial district that will accommodate existing
commercial and industrial development that legally conforms to Bylaw 9206, as
amended.
29
(2)
Principal light industrial and commercial uses will be accommodated as permitted
uses within the commercial zoning district.
(3)
Principal heavy industrial uses will be accommodated as discretionary uses within the
commercial zoning district.
(4)
Commercial and industrial building construction will be regulated by the R.M.'s
Building Bylaw.
(5)
Engineering reports shall be required for all proposed subdivisions including an
assessment of existing surface water drainage and a drainage plan; a servicing plan to
address the provision of all required municipal and associated services including
roads, proposed sewer and water service and parks and open space development.
Council shall require, in association with an application for a development permit a
site grading plan demonstrating that there is adequate drainage from a site and that
neighbouring properties and municipal infrastructure will not be adversely affected
by potential runoff from the site.
c. Bylaw 2013-05
(6)
Future commercial or industrial subdivisions or re-zoning for commercial or
industrial development shall avoid conflict with existing land uses and development.
Conflict with existing land uses and development will be demonstrated by, but such
demonstration will not necessarily be limited to, the following:
(a)
anticipated levels of noise, odour, smoke, fumes, dust, night lighting, glare,
vibration or other emissions emanating from the operation will be sufficient
to affect the residential character of existing residential areas; or
(b)
anticipated increased levels or types of vehicle traffic may create unsafe
conditions or situations for vehicles, cyclists or pedestrians within or adjacent
to existing residential areas,.
(7)
Highway commercial uses should maintain the functional integrity of the highway,
through the use of service road systems, or controlled highway access points, which
are approved by Saskatchewan Highways and Transportation.
(8)
Industrial uses shall maintain a minimum separation distance from existing
development as shown in Table 7-1. Council may require a greater separation than
that shown in Table 7-1, based on the specific nature of the proposed development
and the potential for conflict with other uses.
30
TABLE 7-1:
MINIMUM SEPARATION DISTANCES BETWEEN INDUSTRIAL LAND
USES & OTHER FEATURES / LAND USES
Land Use/Location
Required Separation Distance
Single residence(1)
300 metres
(0.2 miles)
Multiple lot/unit residential
subdivisions(2)
800 metres
(0.5 miles)
Urban municipality(3)
1,600 metres
(1 miles)
Market gardens, Bed and breakfast
homes, Vacation Farms, Resort
commercial development(4)
800 metres
(0.5 miles)
c. Bylaw 2009-02
Notes:
(1)
Distances from individual residences are measured between industrial site and residential
building.
(2)
Distances from multiple lot or multiple unit residential subdivisions are measured between
industrial site and the nearest residential site.
(3)
Distances from urban municipalities are measured between industrial site and the corporate
limits of the urban municipality.
(4)
Distances from market gardens, bed and breakfast homes, vocational farms and resort
commercial development are measured between industrial site and resort commercial
development site.
c. Bylaw 2009-02
(a)
Council may approve a lesser separation than set out in Table 7-1 above
where the applicant submits a copy of an agreement between the applicant
and the owner(s) of the other affected development or urban Council (as
appropriate), agreeing to such lesser separation. Such agreements between an
applicant and an owner (owners) of another development (other
developments) must contain the provision that the parties to the agreement
will register an interest to the titles of the affected land. Where such
agreements are made, Council shall be a party to the agreement and may use
Section 235 of the Planning and Development Act, 2007 to register an
interest to the title(s) of the affected lands.
c. Bylaw 2009-02
(9)
Before considering an industrial or commercial development, subdivision or rezoning
application, Council may require that the development application contain
information with respect to:
31
(a)
the types of industry or commercial use to be contained on the site.
(b)
the size and number of parcels proposed.
(c)
the installation and construction of roads, services, and utilities.
(d)
the potential impacts on adjacent land uses, and proposed measures to
mitigate any negative impacts.
(e)
the environmental suitability of the site and other potentially affected lands
with particular consideration to the soils, topography, drainage and
availability of services, proximity to public recreation and wildlife
management areas and hazard land.
(f)
the access, egress, and the potential impacts of the proposed development on
the highway system and traffic safety.
(g)
development standards or design criteria that include such aspects as parking
for large trucks, landscaping, screening, storage, and signage.
(h)
any other matters that Council considers necessary.
(10)
Commercial and industrial development should be encouraged to locate along
existing primary transportation corridors.
(11)
Where Council is of the belief that a proposed commercial or industrial development
may require large volumes of water, Council may require the applicant to
demonstrate that the water supply is sufficient for the development and the supply for
neighbouring developments will not be adversely affected by the proposed operation.
(12)
Hazardous Industries
Industrial uses involving hazardous materials or chemicals will be permitted only at
the discretion of Council, subject to approval required by any government regulatory
agency, and subject to the following locational policies:
(a)
It is Council's view that hazardous industries have the potential to negatively
affect the general welfare of nearby residents and farm operations, relating to
such factors as decreased land values and perceived hazards. Therefore, in
order to minimize conflict between hazardous industrial uses and other
development, policies for minimum separation distances between hazardous
industrial uses and other principal land uses are listed in Table 7-2. These
minimum separation distance policies shall apply both to development,
32
alteration or expansion of hazardous industries and to other development
proposed in the vicinity of existing hazardous industries.
(b)
Council may approve a lesser separation than set out in (a) above where the
applicant submits a copy of an agreement between the operator of the
hazardous industry and the owner(s) of the other affected development or
urban Council (as appropriate), agreeing to such lesser separation. Such
agreements between an operator and an owner (owners) of another
development (other developments) must contain the provision that the parties
to the agreement will register an interest to the titles of the affected land.
Where such agreements are made, Council shall be a party to the agreement
and may use Section 235 of the Planning and Development Act, 2007 to
register an interest to the title(s) of the affected lands.
c. Bylaw 2009-02
(c)
Council may require a greater separation than set out in (a) above. This
would only apply where an unacceptable land use conflict would result with
existing developments. (e.g. in instances where higher nearby development
intensity or topographic situation results in greater potential for conflict and
where such greater separation would serve to reduce the conflict to acceptable
levels).
(d)
Separation from permanent surface water bodies or water courses of at least
1.6 km (1 mile).
(e)
Buildings or yards used for the storage, handling or processing of hazardous
materials shall be located at least 75 m (250 feet) from any road or railway
right-of-way.
(f)
Using the discretionary use procedure outlined in the Zoning Bylaw, Council
shall require advertisement of a proposal that will result in development,
expansion or alteration of a hazardous industrial use and shall hold a public
hearing on the proposal.
33
TABLE 7-2:
POLICIES FOR MINIMUM SEPARATION DISTANCE RELATING TO
HAZARDOUS INDUSTRIAL USES
OTHER PRINCIPAL LAND USES
DISTANCE
Single residence(1), market gardens, bed
and breakfast homes, vacation farms
and resort commercial development(2)
c. Bylaw 2009-02
1,600 metres
(1 mile)
Multiple-lot country residential
subdivision, lakeshore residential
subdivision or hamlet(3)
2,400 metres
(1.5 miles)
Urban Municipality(4)
2,400 metres
(1.5 miles)
Municipal Well(5)
1,600 metres
(1 mile)
Notes:
(1)
Distances from individual residences are measured between hazardous industrial use sites and
residential building development.
(2)
Distances from market gardens, bed and breakfast homes, vacation farms and resort
commercial development are measured between hazardous industrial use sites and the tourist
accommodation site.
c. Bylaw 2009-02
(3)
Distances from multiple-lot country residential subdivisions, lakeshore residential
subdivisions and hamlets are measured between hazardous industrial use sites and the
residential or hamlet sites.
(4)
Distances from urban municipalities are measured between hazardous industrial use sites and
the corporate limits of the urban municipalities.
(5)
Distances from municipal wells are measured between hazardous industrial use sites and the
well head.
34
8. MUNICIPAL INFRASTRUCTURE/SERVICES
8.1
FINDINGS
(1)
The R.M. is currently responsible for the maintenance of approximately 340 miles of
municipal main farm access, grid, special grid or primary grid, and other municipal
roads (gravel and bladed) in the Municipality. Policy is required to ensure that future
development does not place additional unnecessary pressure on existing road
maintenance obligations of the Municipality.
(2)
The R.M. operates a solid waste transfer station ½ mile west of the Town of
Aberdeen. Policy is needed with respect to future management and disposal of solid
waste and sewage generated in the Municipality.
(3)
The R.M. operates four raw water stations throughout the R.M. Policy is needed to
ensure that future development in the Municipality can be adequately serviced by
municipal infrastructure systems.
(4)
Policy is needed requiring that, as a condition of subdivision approval, applicants
shall enter into a servicing agreement with the Municipality, as provided for in
Section 172 of the Planning and Development Act 2007.
c. Bylaw 2009-02
(5)
Residents of country residential subdivisions are requesting more municipal services
than that which is typically provided by a Rural Municipality. Policies are required
to clarify the level and types of services the R.M. is capable of delivering to country
residential developments.
8.2
OBJECTIVES
(1)
To ensure that any new development can reasonably be accommodated by existing
municipal services.
(2)
To ensure that the road maintenance obligations created by any future residential
development can be fulfilled.
(3)
To ensure that development does not create any traffic safety issues.
(4)
To ensure that future development does not exceed capacities of municipal solid
waste management and sewage disposal facilities.
35
8.3
POLICIES
(1)
All developments shall provide for:
(a)
individual on-site water supply appropriate to the proposed use; or
(b)
water supply from a regional water distribution system; or
(c)
an independent communal water supply system approved pursuant to either
The Public Health Act, 1994 and associated regulations, as administered by
the Regional Health Authority or The Environmental Management and
Protection Act, 2002 and associated regulations.
(2)
All developments shall provide for:
(a)
on-site liquid waste treatment and disposal approved pursuant to The Public
Health Act, 1994 and associated regulations, as administered by the Regional
Health Authority; or
(b)
an independent communal sewage collection, treatment and disposal system
approved pursuant to either The Public Health Act, 1994 and associated
regulations, as administered by the Regional Health Authority or The
Environmental Management and Protection Act, 2002 and associated
regulations.
(3)
All developments will be considered by Council subject to the availability of solid
waste disposal facilities for use by future land owners.
c. Bylaw 2009-02
(4)
When reviewing development proposals, Council may request utility companies to
indicate their existing and future services in and around the area of the development
proposal. The availability of such services will be a consideration in Council's
position with respect to development proposals.
(5)
The Council will consider new developments containing communal water and sewer
systems on the basis that the users of these systems will be responsible for the costs
of their operation and management through the auspices of a private or public utility
arrangement. Council will consider any proposals by residents of country residential
areas for the development of a communal water distribution system. Proposals must
be developed on a regional scale to service both farm and non farm residents for a
designated area and must be based on preliminary engineering design requirements
and cost estimates for the system. The construction, operation and maintenance of
the water delivery system will be financed by public or private utility such as the Inter
36
Valley Water Utility in North Corman Park. Individual users will be responsible for
the installation and maintenance of water lines on private property.
c. Bylaw 2009-02
(6)
The Municipality will not be responsible for costs associated with the provision of
municipal services to new subdivisions, except for developments owned by the
Municipality. Where a private development requires municipal services, the
proponent will be responsible for all costs associated with providing the services.
(7)
Where a subdivision of land will require the installation or improvement of
municipal services such as roads or streets, utilities, water supply systems, sewage
disposal facilities, fire protection facilities the developer will be required to enter
into a servicing agreement with the Municipality to cover the installation or
improvements including, where necessary, charges to cover the costs of improvement
or upgrading of off-site services. Council will, by resolution, establish the standards
and requirements for such agreements and charges, including the posting of
performance bonds or letters of credit.
(8)
Public works in the form of solid and liquid waste management or disposal facilities
will be allowed at the discretion of Council subject to locational and development
standards as specified in the Zoning Bylaw and subject to the following locational
policies:
(a)
It is Council's view that public works in the form of solid and liquid waste
management or disposal facilities have the potential to negatively affect the
general welfare of nearby residents and the quality of recreation opportunity,
relating to such factors as odours, blowing debris, decreased land values and
perceived hazards. Therefore, in order to minimize conflict between such
public works and other development, policies for separation between public
works in the form of solid and liquid waste management or disposal facilities
and other principal land uses are listed in Table 8-1.
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TABLE 8-1:
POLICIES FOR MINIMUM SEPARATION DISTANCE RELATING TO
PUBLIC WORKS IN THE FORM OF SOLID AND LIQUID WASTE
MANAGEMENT OR DISPOSAL FACILITIES
OTHER PRINCIPAL
USES
SOLID WASTE
FACILITY
LIQUID WASTE
FACILITY
Single residence(1), tourist
accommodation(2)
457 metres
(1,500 feet)
600 metres
(2,000 feet)
Multiple-lot residential
subdivision(3) or urban
municipality(4)
457 metres
(1,500 feet)
600 metres
(2,000 feet)
Commercial or industrial
use(5)
457 metres
(1,500 feet)
300 metres
(1,000 feet)
Municipal well(6)
1,600 metres
(1 mile)
1,600 metres
(1 mile)
Notes:
(1)
Distances from individual residences are measured between waste facility site and residential
building.
(2)
Distances from tourist accommodations are measured between waste facility site and the
tourist accommodation site.
(3)
Distances from multiple-lot residential subdivisions are measured between waste facility site
and the residential sites.
(4)
Distances from urban municipalities are measured between waste facility site and the
corporate limits of the urban municipality.
(5)
Distances from commercial or industrial uses are measured between waste facility site and
the commercial or industrial site.
(6)
Distances from municipal wells are measured between waste facility site and the well head.
(b)
Council may approve a lesser separation than set out in (a) above where the
applicant submits a copy of an agreement between the applicant and the
owner(s) of the other affected development or urban Council (as appropriate),
agreeing to such lesser separation. Such agreements between an applicant
and an owner (owners) of another development (other developments) must
contain the provision that the parties to the agreement will register an interest
to the titles of the affected land. Where such agreements are made, Council
shall be a party to the agreement and may use Section 235 of the Planning
and Development Act, 2007 to register an interest to the title(s) of the affected
lands.
c. Bylaw 2009-02
38
(c)
Council may require a greater separation than set out in (a) above. This
would only apply where an unacceptable land use conflict would result with
existing developments. (e.g. in instances where higher nearby development
intensity or topographic situation results in greater potential for conflict and
where such greater separation would serve to reduce the conflict to acceptable
levels).
(d)
Using the discretionary use procedure outlined in the Zoning Bylaw, Council
shall require advertisement of a proposal that will result in development,
expansion or alteration of a public work in the form of a solid or liquid waste
management or disposal facility and shall hold a public hearing on the
proposal.
(9)
Council may establish, by separate bylaw, policies respecting garbage pickup and
solid waste disposal in country residential subdivisions and other areas of the Rural
Municipality.
(10)
Transportation Policies
(a)
The Municipality will cooperate with the Department of Government
Relations, the Department of Highways and Transportation, and adjacent
municipalities and other adjacent jurisdictions in long-term planning that
addresses its transportation needs.
(b)
Council will endeavour to upgrade the major access roads in the municipality,
within the Municipality's ability to pay for such upgrades, and with the
support of senior government funding wherever possible.
(c)
Development shall not create any potentially unsafe traffic conditions.
Council will ensure that appropriate road designs, speed limits and traffic
control devices are used to help ensure traffic and road safety.
(d)
Development along provincial highways shall be consistent with the safety
standards and access policies established by Saskatchewan Highways and
Transportation.
(e)
The Municipality will not be responsible for the paving of roads in country
residential subdivisions.
(f)
Subdivision applications requiring a permanent street or road closure,
intended to correct encroachments by development on municipal road right-
of-ways, will only be supported after a review by Council, to ensure that:
39
-
It is determined that the permanent street or road closure would not
restrict or compromise access to other sites / areas in the
Municipality; and
-
It is determined that the street closure would not have an adverse
affect on the Rural Municipality's ability to maintain or repair
municipal streets and roads.
(10)
Dedicated Land Policies
(a)
When dedication of Municipal Reserve is required for a subdivision, Council
will request cash-in-lieu of dedication unless there is a specific need for park
land in the vicinity of the proposed development.
40
9. INTERMUNICIPAL/JURISIDCTIONAL
COOPERATION
9.1
FINDINGS
(1)
The R.M. of Aberdeen surrounds the Town of Aberdeen which is situated in the
centre of the R.M. and is located approximately 29 km northeast of Saskatoon (west
of provincial Highway #41)
(2)
The population of the Town of Aberdeen is projected to grow at least modestly (at an
accelerating rate), eventually leading to a need for additional land to be brought
within Town boundaries to accommodate such growth. It is anticipated that the
Town will require an annexation in the short to medium term future.
9.2
OBJECTIVES
(1)
To facilitate inter-municipal / jurisdictional cooperation in providing municipal
services that are more cost-effective and efficiently delivered on a regional basis.
(2)
To pursue agreements, with the Town of Aberdeen, that will address future growth
directions and joint delivery of services, based on the planning needs of the Rural
Municipality as well as the Town of Aberdeen.
9.3
POLICIES
(1)
Council will pursue inter-municipal cooperation, with the Town of Aberdeen, in the
provision of municipal services with the interest of improving municipal services and
providing them on a more cost-effective basis.
(2)
Council will facilitate cooperation with the Town of Aberdeen with respect to
existing and future development in the Town that has or potentially will have a
significant impact on the R.M.'s services, facilities, residents and / or natural
resources.
(3)
Land within 3.2 kilometres (2 miles) of the corporate limits of the Town of Aberdeen
shall be considered the rural-urban fringe.
41
(4)
Council will evaluate annexation proposals by all urban municipalities within the
R.M.. Council will consider the impact of an annexation:
(a)
on adjacent rural land uses;
(b)
on the agricultural productivity of the area;
(c)
on the relationship of annexed lands to the particular community's growth
strategy as defined within its Basic Planning Statement or Development Plan;
and
(d)
on the financial implications of the annexation to the R.M..
(5)
Council will favourably consider boundary alteration proposals where the boundary
alteration proposal is intended to accommodate community growth and development
sufficient to accommodate up to ten (10) years projected growth providing that this
growth / need is demonstrated to the satisfaction of Council.
(6)
The following land uses may be permitted within the rural-urban fringe only if they
are complementary to the long-term growth strategy of the municipality, or if the
urban municipality does not clarify its intentions for the area:
(a)
multi-parcel country residential development.
(b)
intensive recreation development.
(c)
rural industrial park development.
42
10. FUTURE LAND USE CONCEPT
The Future Land Use Concept for the Rural Municipality of Aberdeen No. 373 reflects the
present land use patterns as well as identified opportunities for, and constraints on, future
land use and development within the R.M.. The concept identifies two "Policy Areas," to be
referred to as:
(1)
Country Residential Policy Area
(2)
Agricultural / Commercial Policy Area
The purpose of these Policy Areas shall be to help in applying the general goals, objectives
and policies of the Basic Planning Statement, as well as objectives and policies relating more
specifically to the spatial distribution of land use and development opportunities and
constraints.
The designation of these Policy Areas in the Basic Planning Statement is shown on the map
entitled "Future Land Use Concept", which forms part of the policies set out in the Basic
Planning Statement.
10.1
AGRICULTURE / COMMERCIAL POLICY AREA
10.1.1 Intent
The intent of the Agriculture / Commercial Policy Area is to accommodate appropriate
commercial and industrial development and to encourage agriculture and other natural
resource-oriented developments and uses.
10.1.2 Separate Residential Sites
(1)
Within the Agriculture / Commercial Policy Area, single parcel residential
development may occur in a limited fashion on separate sites, subject to the general
and residential development policies in the Basic Planning Statement and to
development standards set out in the Zoning Bylaw.
10.1.3 Implementation
(1)
Lands within the Agriculture / Commercial Policy Area occupied by existing
commercial, industrial or multiple parcel residential development will be zoned for
such purposes in the Zoning Bylaw.
(2)
Agriculture / Commercial Development Policy Area development requirements,
limitations and standards shall be further specified in the Zoning Bylaw. Generally,
43
land within the Agriculture / Commercial Development Policy Area will be zoned
restrictively (generally for agriculture development), until and unless applications for
commercial or industrial development are approved.
(3)
Where applications for commercial or industrial development or subdivisions are
made in the Agriculture / Commercial Policy Area, Council will consider such
applications favourably and make required amendments to the Zoning Bylaw to
accommodate such developments where it is demonstrated that:
(a)
site conditions are suitable for the type of development.
(b)
negative environmental impacts of such development are avoided or suitably
mitigated.
(c)
the proposed development would not conflict with surrounding land uses and
development.
(d)
the development conforms to all other relevant provisions of the Basic
Planning Statement and Zoning Bylaw.
(4)
Council will not approve applications for multiple-parcel country residential
subdivisions in the Agriculture / Commercial Policy Area.
10.2
COUNTRY RESIDENTIAL POLICY AREA
10.2.1 Intent
The intent of the Country Residential Policy Area is to accommodate appropriate, multiple
parcel country residential development.
10.2.2 Implementation
(1)
Lands within the Country Residential Policy Area occupied by existing country
residential development will be zoned for such purposes in the Zoning Bylaw.
(2)
Elsewhere within the Country Residential Policy Area, until and unless applications
for country residential developments are approved, land will be zoned restrictively
(generally for agriculture development).
(3)
Where applications for rezoning to accommodate multiple parcel, residential
subdivisions are made in the Country Residential Policy Area, Council will consider
such applications and make required amendments to the Zoning Bylaw to
accommodate such developments where it is demonstrated that:
44
(a)
site conditions are suitable for multiple parcel country residential
development.
(b)
negative environmental impacts of such development are avoided or suitably
mitigated.
(c)
the proposed development would avoid or suitably mitigate potential conflict
with surrounding land uses and development.
(d)
the development conforms to all other relevant provisions of the Basic
Planning Statement and Zoning Bylaw.
(5)
Intensive Livestock Operations shall not be permitted in the Country Residential
Policy Area.
45
11. IMPLEMENTATION
11.1
ZONING BYLAW
The Zoning Bylaw will be the principal method of implementing the objectives and policies
contained in this Basic Planning Statement.
(1)
Purpose
The purpose of the Rural Municipality of Aberdeen No. 373 Zoning Bylaw is to
control the use of land providing for the amenity of the area within Council's
jurisdiction and for the health, safety and general welfare of the inhabitants of the
Rural Municipality.
(2)
Content and Objectives
The Zoning Bylaw will implement the land use policies contained in this Basic
Planning Statement by prescribing and establishing zoning districts. The Zoning
Bylaw will contain the following zoning districts:
(a)
A - Agriculture District
The objective of this district is to provide for the primary use of land in the
form of agricultural development, associated residences, limited single-parcel
country residential development, location-dependent natural resource
development other uses compatible with agricultural development.
(b)
CR1 - Low Density Country Residential District
The objective of this district is to accommodate low density multiple lot
country residential development and other compatible uses development in
specific areas with standards for such development which does not directly
support agriculture.
c. Bylaw 2013-05
(c)
CR MU-Low Density Country Residential Mixed Use District
The objective of this district is to accommodate low density multiple lot
country residential development and other compatible development,
including ancillary forms of commercial and light industrial use and
development, in specified areas with development standards for such
development which does not directly support agriculture.
c. Bylaw 2013-05
46
(d)
CR2 -Medium Density Country Residential District
The objective of this district is to accommodate medium density multiple lot
country residential development and other compatible uses development in
specific areas with standards for such development which does not directly
support agriculture.
c. Bylaw 2013-05
(e)
CR2A - Medium Density Country Residential District
The objective of this district is to accommodate medium density multiple lot
country residential development, at a density slightly lower than the CR2
District, and other compatible uses development in specific areas with
standards for such development which does not directly support agriculture.
c. Bylaw 2013-05
(f)
CR3- High Density Integrated Country Residential /Recreational District
The objective of this district is to accommodate high density multiple lot
country residential development directly related to a planned and integrated
recreational facility.
c. Bylaw 2013-05
(g)
C1 - Commercial / Industrial District
The objective of this district is to provide for commercial, light industrial,
heavy industrial and other compatible development in specific areas, with
standards for such development.
c. Bylaw 2013-05
(3)
Additional District Classifications
Council may consider adding other zoning districts to carry out the objectives of this
Basic Planning Statement, or to provide for a greater density of development than
initially considered in this Basic Planning Statement.
(4)
Amendment of the Zoning Bylaw
When considering applications to amend zoning regulations or standards, or requests
for the rezoning of land, Council shall consider such proposals within the context of:
47
(a)
the nature of the proposal and its conformance with all relevant provisions of
this Basic Planning Statement;
(b)
the need to foster a rational pattern of relationships among all forms of land
use and to protect all forms of land use from harmful encroachments by
incompatible uses;
(c)
the need for the form of land use proposed and the supply of land currently
available in the general area capable of meeting that need;
(d)
the capability of the existing road system to service the proposed use; and
(e)
the capability of existing community infrastructure to service the proposal,
including water and sewer services as appropriate, and other utilities and
community services.
(5)
Zoning By Agreement
(a)
Where an application is made to Council to rezone land to permit the carrying
out of a specified proposal, Council may, for the purpose of accommodating
the request, enter into an Agreement with the Applicant pursuant to Section
69 of The Planning and Development Act, 2007.
c. Bylaw 2009-02
(b)
Section 11.1(4) of this Basic Planning Statement shall apply in the review of
applications for rezoning by agreement.
(c)
Council may enter into an agreement with the applicant setting out a
description of the proposal and reasonable terms and conditions with respect
to:
(i)
the uses of the land and buildings and the forms of development.
(ii)
the site layout and external design, including parking areas,
landscaping and entry and exit ways.
(iii)
any other development standards considered necessary to implement
the proposal, provided that the development standards shall be no less
stringent than those set out in the requested underlying zoning
district.
(d)
Council may limit the use of the land and buildings to one or more of the uses
permitted in the requested zoning district.
44
(6)
Use of the Holding Symbol "H"
(a)
Council may use the Holding Symbol "H", in conjunction with any other use
designation in the Zoning Bylaw, to specify the use to which lands shall be
put at some time in the future but which are now considered premature or
inappropriate for immediate development.
(b)
Council shall specify the use to which lands or buildings may be put at any
time that the holding symbol is removed by amendment of the Zoning Bylaw.
Such circumstances may require the identification and further consideration
of social, environmental or economic issues and opportunities prior to
permitting the use and development of the specified lands.
(c)
In making a decision as to whether or not to remove the Holding Symbol "H"
by amendment of the Zoning Bylaw and thereby permit the development of
the land as specified in the Zoning Bylaw, Council shall consider whether
such development has progressed to a point where extension of municipal
services and connection to municipal systems is appropriate.
(d)
Holding provisions may be applicable to all land use categories in the Basic
Planning Statement and may be applied to any zoning category and to a
specific site within a zoning category.
(e)
Existing uses shall be permitted, subject to Sections 88 to 93 of The Planning
and Development Act, 2007.
c. Bylaw 2009-02
11.2
OTHER IMPLEMENTATION TOOLS
(1)
Subdivision Application Review
(a)
In reviewing any application for subdivision, Council shall indicate support
for such application only when it has:
(i)
Ensured that all policies and guidelines established regarding
densities, development standards and design of the subdivision, as set
out in this Basic Planning Statement, have been satisfied.
(ii)
Ensured that the application is in conformity with the zoning bylaw.
(iii)
Negotiated the terms of a servicing agreement, if required, with the
applicant.
(iv)
Determined its wishes with respect to the dedication of lands.
45
(2)
Land Exchange and Purchase
(a)
To facilitate the relocation of non-conforming uses, Council may consider a
program for acquiring such sites, or for exchanging municipally owned land
in an appropriate area of the Rural Municipality for the relocation of those
uses.
(3)
Building Bylaw
(a)
Council will use its building bylaw to provide standards for the construction,
repair and maintenance of buildings in the community as well as ensuring
acceptable physical conditions. Provisions for occupancy permits and
inspections can be included in the bylaw.
(4)
Development Levies
(a)
In accordance with Section 169 of The Planning and Development Act, 2007,
Council may establish, by separate bylaw, development levies for the purpose
of recovering all or a part of the capital costs of providing, altering,
expanding or upgrading services and facilities associated with a proposed
development.
c. Bylaw 2009-02
46
11.3
OTHER
(1)
Update of Basic Planning Statement
(a)
Plans and projections for future development shall be monitored on an
ongoing basis. Policies contained in this Basic Planning Statement, including
the Future Land Use Concept, shall be reviewed and updated within five
years of adoption.
(2)
Further Studies
(a)
As necessary, Council will undertake such studies or programs required to
facilitate and encourage the growth and development of the Rural
Municipality.
(3)
Cooperation and Inter-jurisdictional Consideration
(a)
Council will work with the Town of Aberdeen and with other neighbouring
rural or urban municipalities to develop joint service programs where such
arrangements will be of financial benefit to the Rural Municipality.
(b)
Council will work with the Town of Aberdeen to improve beneficial and cost
effective joint administrative and other services.
(c)
Council will consider the provision of recreational facilities on a community
basis with the other governments for the community that the facilities are
intended to serve.
(4)
Programs
(a)
Council shall participate in senior government economic development, public
utility, resource enhancement, housing, social and environmental protection
programs and projects, where such will help in achieving its goals and
objectives.
47
(5)
Provincial Land Use Policies and Interests
(a)
This Bylaw shall be administered and implemented in conformity with
applicable provincial interests, statutes and regulations and in co-operation
with provincial agencies.
(b)
Council will review this Basic Planning Statement and the Zoning Bylaw for
consistency with a new provincial interest adopted pursuant to The Planning
and Development Act, 2007.
c. Bylaw 2009-02
(c)
Wherever feasible and in the municipal interest, Council will avoid
duplication of regulation of activity and development governed by
appropriate provincial agency controls.
11.3
ADMINISTRATION
(1)
This Basic Planning Statement is binding on the Rural Municipality, the Crown, and
all other persons, associations and organizations, and no development shall be carried
out in the Municipality that is contrary to this Basic Planning Statement.
(2)
The Zoning Bylaw definitions shall apply to this Basic Planning Statement.
(3)
If any part of this Basic Planning Statement is declared to be invalid for any reason,
by an authority of competent jurisdiction, that decision shall not affect the validity of
the bylaw as a whole, or any other part, section or provision of this Basic Planning
Statement.
48
12. MAPS
MAP 1
FUTURE LAND USE CONCEPT
49
insert Future Land use concept
50
13. COUNTRY
RESIDENTIAL
DEVELOPMENT
PROPOSAL EVALUATION WORKBOOK