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Official Community Plan
Bylaw No. 375/2019
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
The Rural Municipality of McKillop No. 220
Bylaw No. 375/2019
A Bylaw of the Rural Municipality of McKillop No. 220 to adopt an Official Community Plan.
The Council of the Rural Municipality of McKillop No. 220, in the Province of Saskatchewan, in an
open meeting assembled enacts as follows:
(1) Pursuant to Section 29(1) of The Planning and Development Act, 2007 the Council of the Rural
Municipality of McKillop No. 220 hereby adopts the Rural Municipality of McKillop No. 220
Official Community Plan, identified as Schedule "A" to this Bylaw.
(2) The Reeve and Administrator of the Rural Municipality of McKillop No. 220 are hereby
authorized to sign and seal Schedule "A" which is attached to and forms part of this Bylaw.
(3) Bylaw No. 233/11, the R.M. of McKillop No. 220 Official Community Plan, 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thereto, are hereby repealed.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 the __________ day of ____________________, _________
Read a second time the __________ day of ____________________, _________
Read a third time the __________ day of ____________________, _________
Adoption of Bylaw this __________ day of ____________________, _________
___________________________________
(Reeve)
SEAL
___________________________________
(Administrator)
Certified a True Copy of the Bylaw adopted by Resolution of Council
On the _________ day of ________________________, of the year ________
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
CONTENTS
1.0
INTRODUCTION, PURPOSE AND EFFECT ....................................................................................................3
2.0
DEVELOPMENT CHALLENGES ....................................................................................................................6
3.0
VISION AND GOALS OF THE OCP .............................................................................................................11
4.0
GENERAL MUNICIPAL OBJECTIVES ..........................................................................................................12
5.0
AGRICULTURAL OBJECTIVES, PRIORITIES AND POLICIES .........................................................................13
6.0
RESIDENTIAL DEVELOPMENT OBJECTIVES, PRIORITIES AND POLICIES ...................................................19
7.0
BUSINESS (COMMERCIAL AND INDUSTRIAL) OBJECTIVES, PRIORITIES AND POLICIES ...........................26
8.0
RECREATION OBJECTIVES, PRIORITIES AND POLICIES .............................................................................30
9.0
ENVIRONMENTAL MANAGEMENT OBJECTIVES, PRIORITIES AND POLICIES ...........................................32
10.0
COMMUNITY SERVICE OBJECTIVES, PRIORITIES AND POLICIES ..............................................................37
11.0
IMPLEMENTATION ..................................................................................................................................44
12.0
BYLAW APPROVAL ...................................................................................................................................49
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 1: Introduction, Purpose and Effect
1.0
INTRODUCTION, PURPOSE AND EFFECT
1.1
AUTHORITY
Pursuant to The Planning and Development Act, 2007 (the Act), the Council hereby enacts this
bylaw adopting an Official Community Plan (OCP).
1.2
TITLE
This bylaw shall be known as the "OCP" of the Rural Municipality of McKillop No. 220 (Municipality).
1.3
SCOPE
The OCP shall:
Assist Council, landowners and developers in making resource management,
development, land use, subdivision, municipal servicing, public utility and environmental-
related decisions; and
Apply to the whole of the Municipality.
1.4
PURPOSE
The purpose of the OCP shall be:
To establish a decision-making framework by which Council can coordinate various public
and private development, social, economic, municipal servicing, environmental and
related interests within the Municipality;
To assist Council, as a custodian of the municipal public interest, by helping to protect the
health, safety and welfare of the ratepayers;
To address current and potential development issues, opportunities, trends and land- use
changes, their timing and pattern, within the municipality;
To identify beneficial municipal development goals, objectives and standards which
Council, the ratepayers and developers can jointly achieve; and
To form the policy basis for the Zoning Bylaw and other legal and financial tools available
to Council in implementing the OCP.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 1: Introduction, Purpose and Effect
1.5
EFFECT OF OCP ADOPTION
The OCP shall be binding on the Municipality, the Crown and all other persons, associations and
organizations; and no development shall be carried out that is contrary to the OCP.
Section 40(2) of the Act states that the adoption of a Plan does not commit the municipality or
any person, association or organization or any department or agency of the Government of
Saskatchewan to undertake any of the projects outlined or proposed in that OCP.
1.6
DOCUMENTS
Text and Maps: This bylaw shall consist of this text, appendices, the OCP maps (including
a Future Land Use Map, Development Constraints Map, and Canadian Land Inventory Soil
Capability Map), and where Council deems appropriate, other background reports,
maps, tables and charts;
Map Designations:
i.
The purpose of the OCP Maps and their accompanying symbols, district boundaries and other
notations shall be to spatially indicate the long-term development objectives of the Municipality.
The OCP Maps shall also be used in conjunction with the text of the OCP to implement its goals,
objectives and policies to achieve beneficial growth and avoid or minimize land use conflict;
ii.
All map notations shall indicate general locations, unless otherwise specified; and
iii.
Council shall make the final decision regarding any unclear map notation or development district
boundary location.
1.7
DEFINITIONS AND INTERPRETATION
The Zoning Bylaw definitions shall apply to this bylaw. When a question arises regarding the correct
interpretation of the text or map, which is applicable to a specific site, Council shall make the final
decision based on their interpretation. Metric measurements take precedence since Imperial
measurements are shown only for ease of interpretation.
1.8
AMENDMENT OF BYLAW
Council may amend this bylaw, at any time, upon its own initiative, or upon request, in order to
improve the OCP goal, objectives and policies.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 1: Introduction, Purpose and Effect
1.9
BYLAW REVIEW
Council shall review and if necessary, consolidate this bylaw either when the Council considers it
necessary, or five (5) years from the effective date of this bylaw, or five (5) years from the last
bylaw consolidation, as the case may be.
1.10
FLOOD HAZARD LIABILITY DISCLAIMER
The OCP and Zoning Bylaw provide a reasonable degree of flood protection which is
based on historical, engineering and scientific data and assumptions.
Council assumes that floods larger than the 1:500-year flood freeboard elevation may
occur due to man-made and natural causes (e.g. excessive precipitation, ice ridges).
The reliance on this bylaw or the Zoning Bylaw shall not create a liability for, or cause an
action against, Council, the development officer or any municipal employee, as a result
of any flood damages.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 2: Development Challenges
2.0
DEVELOPMENT CHALLENGES
2.1
BACKGROUND
This chapter outlines the challenges that were identified by Council in the context of administering
the existing Official Community Plan and Zoning Bylaw, which were enacted by the Municipality
in 2012. All of the issues identified in this chapter are reflected in the content of both the OCP and
the Zoning Bylaw.
Council has examined new issues or made changes to the Goals, Objectives and Policies of the
existing Development Plan to reflect Council's current interpretation and attitude toward specific
issues.
2.2
DEMAND FOR DEVELOPMENT
Council requires OCP policies to assist in coordinating the increased demand for residential,
commercial, industrial and agricultural development. The demand for seasonal and permanent
recreation residential development has presented land use and infrastructure challenges in what
was historically a rural agrarian municipality. the OCP policies balance these divergent activities
to promote and protect the sustainable and appropriate use of land and infrastructure.
2.3
POPULATION TRENDS
Proper management of land use patterns and population growth is essential to provide efficient
municipal services. For smaller municipalities with slow population growth (or decline), it is likely
that forecasting methods which track births, deaths and net migration will be less accurate than
simpler techniques.
The selected method of analysing and predicting the future population of the Municipality is
called a Constant Numeric Change Model (see Item 11.10.2 in the Appendices, References and
Maps section). In the following calculation, it is assumed that the local population (p) in the next
five (5) year time period (t+1) is equal to the population in the previous period plus the average
of population changes over the past "n" periods (the six (6) census periods from 1991 to 2016).
The Statistics Canada population for Rural Municipality of McKillop No. 220 for those periods is:
1981 - 571 people 1991 - 573 people 2001 - 517 people
2011 - 575 people
1986 - 596 people 1996 - 545 people 2006 - 566 people
2016 - 732 people
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 2: Development Challenges
(pop. in the
next time
period)
(today's
pop.)
(average change
over the total
number of census
periods used))
(total of the five (5)
time periods
between the six (6)
census dates)
The formula used to project population growth in the municipality is as follows:
p(t+1) = p(t) +
[ p(t) - p(t-n) ] /n
Based on the population projection formula noted above, the projected population for the
Municipality is expected to grow by 6 people over the next census period, totalling 738 people in
2021.
This is a very basic estimate, which does not include calculations such as cohort survival (births or
deaths) in relation to the age of the Municipality's current population. The model is more accurate
in assessing population change due to the effects of employment growth or decline. Although
the forces that affect the local economy suggest a continuation of the Municipality's slow
population decline, the continued demand for recreational residential property suggest a
changing demographic that will not only increase the population but change the balance of
land use needs and concerns experienced in the Municipality. By using the policies of this OCP
and other features of The Municipalities Act (e.g. tax tools or other incentives) Council supports
further development to attract more residents and employers to benefit the entire municipality,
while balancing the protection and preservation of high-quality agricultural land and resources in
the municipality.
2.4
RESOURCE MANAGEMENT
Agricultural, sand, gravel, archaeological, ground and surface water, and critical wildlife
resources all require sound management to ensure long-term, viable, economic development,
conservation, minimal land-use conflict and compatibility with non-agricultural development.
2.5
CONVERSION OF AGRICULTURAL LAND
The conversion of agricultural land to non-agricultural uses must be managed to ensure long-term
stability of agricultural development, recognizing the value of agricultural land for sustainable
growth in agricultural activities. In large part, Council will use "Right-to-Farm" policies to guide
their decisions in dealing with the impact of proposed non-agricultural uses on agricultural
activities.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 2: Development Challenges
2.6
RESIDENTIAL SUBDIVISIONS
Various high and medium-density residential subdivision proposals are being proposed
throughout the lake shore portion of the municipality. If not properly managed, such
proposals may conflict with viable agricultural, industrial, commercial and gravel
operations, and generate excessive municipal road, administrative, and servicing costs.
Some landowners have expressed a desire to allow subdivision of existing yard sites, new
single sites for non-farm residences, or small cut-off areas (isolated from the balance of a
farm operation by a railway, road, etc.) which can be used for agricultural land
consolidation or non-farm residences.
There has been limited interest expressed for planned country residential developments in
the Agricultural zoning district.
There has been limited interest expressed for larger country residential sites in the
Agricultural zoning district.
2.7
PUBLIC UTILITIES AND MUNICIPAL SERVICES
Public utilities and municipal services should be coordinated to ensure efficient, responsible and
equitable servicing of development subdivisions.
2.8
INTER-MUNICIPAL COOPERATION
The Municipality remains committed to working in partnership and cooperation with neighbouring
municipalities to promote and enhance the general wellbeing of the region as a whole through
participation in and pursuing strategic, flexible and innovative partnerships. Participation may
come in the form of committees, boards, and regional utilities to consolidate and/or combine
resources and funds insofar as is practical. This includes but is not limited to public works, public
facilities, transportation infrastructure and service delivery. The R.M.'s objectives will be:
a. To establish inter-municipal processes for managing land in areas of common interest and pursue
opportunities for regional benefit when appropriate.
b. To resolve regional issues through communication and cooperation.
c.
To encourage and foster harmonious and cost effective development.
d. To encourage open lines of communication between adjacent municipalities and First Nations, as
well as other groups and organizations in the area.
The RM will work with its neighbours to identify and collaborate on ways to address regional
issues, when they arise, such as infrastructure, the environment, economic development,
social/cultural and municipal services and utilities to avoid duplication of services and/or
efforts.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 2: Development Challenges
Where a certain development may affect an adjacent municipality or First Nation or Metis
Community, Council will consult and discuss the development with that community.
2.9
HOUSING
Much lakeshore residential development is used on a seasonal basis only; however, there
are increased signs that dwellings are being converted or redeveloped to accommodate
year-round dwelling. This shift has increased the number of permanent residents in the
Municipality bringing with it increased servicing requirements which must be monitored
and balanced to provide cost-effective and appropriate levels of service to all areas of
the Municipality.
Guest Suites: have been identified as an alternative, subordinate residential use for some
landowners for the following reasons:
i.
The desire to provide shelter for relatives and/or hired help, but in a separate dwelling unit;
ii.
The need to provide home care for relatives, and to keep the cost of housing to a minimum.
In other Municipalitys, there have been problems with requests for conversion or subdivision
of the suites, after the original occupant of the suite no longer used it. Council wants to
ensure that the policies for guest suites prevent such problems and to ensure that these
uses are possible in appropriate land use scenarios.
Other types of new residential uses and accessory uses to existing dwellings continue to
present Council with challenges today. These include proposals for bed and breakfast
operations, recreation vehicles, park model trailers, guest cottages, and modular homes
as principal and accessory uses.
2.10
LAND USE COMPATIBILITY
Concerns have been expressed that proper separation distances between incompatible
land uses should be maintained, particularly between residential development and
commercial, industrial, or agricultural development.
The principle of successive and continuous residential development should be included
and considered as part of all new development proposals.
The enforcement of non-permitted accessory buildings should be carried out, especially in
the Lakeshore districts, where previously-unauthorized accessory uses have been
constructed or installed. Such uses shall only be permitted so long as their approval
coincides with an approved Development and Building Permit for a principal dwelling.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 2: Development Challenges
2.11
ENVIRONMENTAL MANAGEMENT
Hazardous materials and burning of materials is a concern and should be minimized to
agricultural lands that are not proximate to residential areas.
Soil disruption, including topsoil or gravel removal and changes in grade during any
development, shall be minimized, especially in areas known to have slope or soil instability.
Proper reclamation of gravel pits shall be required.
Water is a precious resource and the quality of ground and surface water need to be
protected from contamination and overuse.
Where groundwater is to be a source of potable water for a development, or the
development may affect the groundwater supply used for potable water for other
landowners:
i.
Council may require a developer to provide a detailed hydrogeological study to provide that the
development can proceed as proposed without negatively affecting the quality or quantity of the
water source; and
ii.
Wells that have been abandoned or have not been maintained in the past 60 months shall be
decommissioned appropriately to protect the quality of ground water.
2.12
LAKESHORE DEVELOPMENT
Lakeshore development issues will include several aspects of development review to ensure a
balance between the viability of the development and its impact on environmental and
infrastructure servicing factors. If not properly managed, such proposals may place additional
pressures on municipal services such as roads, emergency services, recreation amenities and
facilities, water and sewage works, and waste disposal needs of day users, seasonal cottages and
permanent dwellings.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 3: Vision and Goals of the OCP
3.0
VISION AND GOALS OF THE OCP
3.1
VISION STATEMENT
A Municipality that encourages diversity through sustainable residential and non-residential
development that is compatible with a vibrant agricultural base while protecting its critical
natural, heritage, and recreational resources.
3.2
BASIC GOALS
The basic goal of the OCP shall be to work towards an attractive, safe and viable Municipality in
which:
i.
Agriculture continues to be the primary economic activity and land use, while recognizing the
need to provide for an appropriate variety of land use;
ii.
Land use policies enhance and diversify the lifestyle of the ratepayers of the municipality through
balanced, sustainable, and orderly growth;
iii.
A choice of both dispersed rural and clustered residential lifestyles are available;
iv.
Commercial and industrial uses are supported in appropriate areas;
v.
Sound land use and environmental management maintains the biodiversity, unique landscapes,
and ecosystems of the municipality for the use and enjoyment of current and future generations;
and
vi.
The quality of life of the ratepayers is both protected and enhanced.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 4: General Municipal Objectives
4.0
GENERAL MUNICIPAL OBJECTIVES
The goal of the OCP shall be implemented by achieving the development objectives found in this
section.
4.1
GENERAL DEVELOPMENT OBJECTIVES
To protect and enhance the municipality's natural resources, agricultural lands and
activities, residential areas, and related development.
To work within our goals and objectives to encourage a variety of economic development
programs, projects, opportunities and facilities for the benefit of the ratepayers of the
municipality.
To accommodate agriculture, resource development, and medium to high density
residential development opportunities where appropriate within and for the municipality.
To avoid unplanned or sprawling development (including residential, commercial and
industrial uses) by promoting orderly, efficient and rational land use patterns through
appropriately phased development and services that are supported by evidence of
market demand.
To prevent land use conflicts and to ensure incompatible land use and development do
not locate in proximity to areas designated for other development purposes (e.g. an
Intensive Livestock Operation (ILO) should not be located adjacent to a residential site).
To be stewards of the environment and protect historic and natural features within the
municipality from being damaged by developmental pressures.
To protect both surface water and ground water resources.
4.2
GENERAL FINANCIAL OBJECTIVES
To maintain and enhance the municipal assessment base by ensuring quality
development and a diversified local economy.
To provide municipal services and public utilities appropriate to a rural context in a
financially responsible manner.
To enact and administer cost recovery tools available to the Municipality through
legislation.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 5: Agricultural Objectives, Priorities and Policies
5.0
AGRICULTURAL OBJECTIVES, PRIORITIES AND POLICIES
5.1
AGRICULTURAL DEVELOPMENT OBJECTIVES
To promote the continuation and diversification of agricultural industry and to ensure
agriculture remains the primary land use in the Municipality.
To protect high quality agricultural land (defined as any quarter section in which the
majority (50 per cent or more) of agricultural land is Class 1 to 3 based on the Canada
Land Inventory (CLI) for agricultural operations and grain farming (see Appendix A).
To encourage and protect a wide range of viable agricultural and agriculturally supportive
development to maintain and enhance agricultural resources, holdings, operations and
the agricultural community.
To encourage developments and subdivisions which:
i.
Do not remove high quality agricultural land from agricultural production;
ii.
Do not require an expensive high level of municipal services; and,
iii.
Do not needlessly reduce the viability of agricultural holdings.
To recognize the "Right to Farm" in the policies of this OCP. This will be implemented
through OCP policies which support:
Current agricultural operations, including those which may have been recognized by the Agricultural
Operations Review Board for Saskatchewan; and
New proposed agricultural operations, which in Council's opinion conform to the intent of Sections
29 and 43 of The Planning and Development Act, 2007.
5.2
GENERAL AGRICULTURAL PRIORITIES
Agricultural development within the municipality shall:
Retain and enhance the agricultural land resource by allowing limited numbers of
subdivisions per quarter section, or equivalent, and setting a minimum size for the
remaining portion of that land after such subdivisions occur;
Enhance economically sustainable resource development;
Support the agricultural community and economy, primarily by including policies to
protect the "Right to Farm";
Require minimal municipal services; and
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 5: Agricultural Objectives, Priorities and Policies
Minimize potential nuisance and conflicts through proper separation of incompatible land
uses.
5.3
AGRICULTURAL DEVELOPMENT PRIORITIES
The following lands shall be given a high priority for farming and agricultural production within the
municipality:
Lands within the Agricultural Development district;
Lands with a CLI rating composed of more than 50 per cent of Class 1, 2 and 3; and
Lands which are in active agricultural production.
5.4
OTHER LAND USES PRIORITIES
Lands within the Agricultural Resource districts may be developed for other land uses
provided that:
i.
Agricultural production is limited due to actual site conditions including poor drainage, high salinity,
excessive slopes, stoniness and similar conditions (as documented in assessment records or in a
report prepared by a professional agrologist);
ii.
Minimal conflict with agriculture occurs; and
iii.
The site conforms to the provisions of the Zoning Bylaw.
Other development in the Agricultural Development district may include:
i.
Recreation (e.g. campgrounds);
ii.
Low-density residential (e.g. dispersed single parcel only);
iii.
Agricultural-related low-density dispersed commercial (i.e. livestock auction marts, animal clinics);
iv.
Agricultural-related low-density dispersed industrial (i.e. grain storage, abattoirs);
v.
Mineral extraction operations;
vi.
Aggregate developments; and
vii.
Heritage recognition and preservation.
5.5
GENERAL AGRICULTURAL POLICIES
Land use apart from agricultural which are to be established within the Agricultural
Resource districts shall be encouraged to locate in proximity to:
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 5: Agricultural Objectives, Priorities and Policies
i.
Existing agricultural-related commercial and industrial development;
ii.
High standard roads; and
iii.
Subject to Sections 5.7 and 11.6, the Hamlet of Uhl's Bay.
Land within the Agricultural Development districts shall be zoned Agricultural.
Any use of land, an existing building or any building lawfully under construction at the date
of approval of this bylaw, although such use or building does not conform to the
regulations of this bylaw, shall be carried on in accordance with the provisions of Sections
88 to 93 inclusive, of The Planning and Development Act, 2007.
Council may classify agricultural developments and establish development standards for
specific agricultural uses in the Zoning Bylaw, to ensure effective land use management
and compatibility, servicing, and environmental protection.
The Agricultural Zoning districts may accommodate uses which help to promote
agricultural development or uses that do not conflict with agricultural development.
Council shall require that test holes and wells that have been abandoned or have not
been used in the past 60 months be decommissioned by the registered property owner in
compliance with the Water Security Agency (WSA) recommended practices to protect
water quality.
While development of renewable energy is often desirable, it is important to proactively
outline specific guidelines and standards to manage this type of use. Doing so, in a
proactive and clear manner is likely to minimize potential land use and conflicts, while
providing clarity to project developers.
The following renewable energy project developments shall be permitted at the discretion
of Council, including:
i.
Solar energy systems;
ii.
Wind energy (large and small);
iii.
Geo-exchange systems; and
iv.
Biomass district energy systems.
5.6
INTENSIVE LIVESTOCK OPERATIONS POLICIES
Provincial regulations under The Agricultural Operations Act require permits for most ILOs.
The approval process under those regulations also considers whether ground and surface
water supplies are adequate to serve new ILOs and can be protected from contamination
by the increased manure produced in the proposed facilities.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 5: Agricultural Objectives, Priorities and Policies
The regulations do not extend to deal with any problems caused by ILOs in respect to
odour or nuisance (e.g. flies, rodents). Council shall support the development of ILOs
provided the development does not create a conflict with adjacent properties with
respect to odour or nuisance problems associated with either the core ILO facilities or land
used for manure treatment or disposal.
ILOs shall be discretionary uses in the Zoning Bylaw. Any expansion of an operation to
provide for a greater number of animal units as defined in the Zoning Bylaw, or any change
in an operation which alters the species of animal, shall be discretionary, and shall require
a new development permit application.
Unless a permit is required by the Ministry of Agriculture (MOA) due to the area of animal
confinement for a specific operation being classed as an ILO by the Ministry, the Zoning
Bylaw may provide for the temporary confinement of cattle or other species listed in the
definition of animal units on a farmstead during winter months as part of a permitted use
in a general mixed farm operation. The bylaw may also provide for other temporary
holding and loading facilities as discretionary uses subject to discretionary conditions,
including maximum number and time confinement.
Councill shall assess the availability and sustainability of potable water before approving
large scale developments that are dependent on ground or surface water.
In order to minimize conflict between ILO and surrounding development, Council will
consider applications for development of an ILO as a discretionary use in the Zoning Bylaw
and apply the following criteria:
i.
The applicant must demonstrate, to the satisfaction of Water Security Agency (WSA), MOA and
Council that the water supply is sufficient for the development, and that the supply for neighboring
developments will not be adversely affected by the proposed operation;
ii.
The minimum separation distances will be established in the Zoning Bylaw to determine acceptable
locations;
iii.
A greater separation may be needed from any liquid manure storage lagoon involved in the
operation, to residential and other developments. The criteria of a separation distance to the lagoon
from a dwelling of 1.5 times the distance as established in the Zoning Bylaw will be considered
adequate;
iv.
Council may consider lesser separation distances to those established in the Zoning Bylaw where:
a. Written notice approved by Council has been given to the owner of any dwelling, tourist,
commercial or industrial use within the distance as established in the Zoning Bylaw, and to the hamlet
board of an organized hamlet or Council of an urban municipality with the specified distance, and
b. A public hearing has been held. Council may approve (with or without conditions) or refuse a
proposal based on any problems identified.
v.
As a condition of approval, Council shall specify the maximum number of animal units for which the
approval is made; and may impose standards to reduce the potential for conflict with neighboring
uses which specify the location of holding areas, buildings or manure storage facilities on the site.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 5: Agricultural Objectives, Priorities and Policies
vi.
As a condition of approval, Council may specify requirements based on development standards in
the Zoning Bylaw regarding the disposal of manure produced by the ILO, or other measures intended
to reduce odour, environmental problems, or conflict with neighboring uses from an ILO.
vii.
Manure Treatment and Application activities:
a. Facilities to treat ILO manure and areas proposed for disposal of manure from an ILO will be
considered as part of the specific conditions for ILOs, which will be discretionary uses in the Zoning
Bylaw; and
b. Such disposal will be subject to special standards or location requirements specified in the Zoning
Bylaw that are intended to reduce the potential for land use conflicts.
5.7
"RIGHT TO FARM" POLICIES
Subject to Sections 4.1 and 5.1, farmers shall be encouraged to follow generally accepted farming
practices as may be determined by the Agricultural Operations Review Board to achieve efficient
operations, sound resource management and environmental quality.
The purpose of this section shall be to support the preservation of traditional agricultural
operations and farming within the municipality and to manage the long-term
development in this district in that context.
The "Right to Farm" in the municipality is hereby recognized to exist as a natural right. Most
types of traditional agriculture will be permitted uses in the Zoning Bylaw, except for certain
uses which may generate excessive odour or nuisance including, but not limited to, ILOs.
These types may be classed as discretionary uses or prohibited at certain locations.
The "Right to Farm" shall include all generally accepted agricultural practices including,
but not limited to, the spraying of herbicides and insecticides subject to provincial or
federal regulations governing the use of approved chemicals for that purpose. As well, it
is understood that the traditional agricultural activities associated with the "Right to Farm"
may occur on holidays, Sundays, weekends, at night and during the day; and the noise,
odours, fumes and dust that are caused by these activities are specifically permitted as
part of this right. Council does not intend to adopt policies or regulations affecting these
activities.
The only exception to control of these activities may be if a conflict with The Agricultural
Operations Act, or a clear invalidation by a decision of the Agricultural Operations Review
Board established by that Act occurs. In either case, Council shall not be required to
amend this OCP to affect or regulate such activity since it is not within the municipality's
jurisdiction under the Act. Unless required by law to amend this OCP or the Zoning Bylaw
to conform to provincial acts or regulations, the municipality shall not be required to
enforce a decision of the Board through these land use policies or regulations.
Developments which are predominantly agricultural in nature or are supportive of the
agricultural industry shall be encouraged throughout the Agricultural district.
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Section 5: Agricultural Objectives, Priorities and Policies
Any conflict between an agricultural use and another use shall be resolved in favour of the
agricultural use unless, in Council's opinion, such a decision would threaten the health,
safety and general welfare of the inhabitants of the municipality, as outlined in Section 45
of The Planning and Development Act, 2007.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 6: Residential Objectives, Priorities and Policies
6.0
RESIDENTIAL DEVELOPMENT OBJECTIVES,
PRIORITIES AND POLICIES
6.1
RESIDENTIAL DEVELOPMENT OBJECTIVES
To manage population growth and development appropriately, while balancing the
protection of high-quality agricultural land with the increasing demand for residential
development through the creation of specific future growth areas for these and other uses
as part of the OCP policies, and by limiting the number of new residences allowed in those
districts (see OCP Maps).
To ensure that all lake shore development occurs at densities and locations which are
appropriate, both to the neighbouring land uses and the type of shoreline and natural
environment at the sites in question, by prohibiting encroachment on municipal, public
and environmental reserves, and by protecting and enhancing public use, water quality
and fishing resources.
To provide opportunities for dispersed and clustered residential development at
appropriate locations throughout the Municipality that result in limited land use conflicts
and environmental impacts.
To ensure that residential development provides a high quality of life to current and future
ratepayers through appropriate design, density, and location.
To minimize the costs incurred by the Municipality related to residential development.
6.2
RESIDENTIAL DEVELOPMENT PRIORITIES
To provide for a range of residential development opportunities in the Municipality to serve
agricultural, recreation, and residential interests of current and future ratepayers.
To manage residential development in a manner that minimizes the cost incurred by the
Municipality.
Specific to medium to high-density developments, to provide a high-quality of life to
current and future ratepayers through well planned residential developments.
To minimize the impacts of development on the environment, heritage, and culture.
To provide fair and balanced levels of public service to residential developments.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 6: Residential Objectives, Priorities and Policies
6.3
GENERAL RESIDENTIAL POLICIES
Generally, residential development shall be permitted in order to achieve a pleasant living
environment which maintains its value, where land use conflicts can be avoided and
where efficient, cost-effective, uniform municipal services can be provided.
Conversion of existing non-residential buildings to residential use shall not be allowed,
unless it meets or exceeds the National Building Code of Canada and all required
provincial and municipal policy.
Existing, undeveloped abandoned school sites shall be encouraged to amalgamate with
the adjacent quarter sections.
In addition to any single parcel residential subdivision which may be allowed by Sections
6.4 or 6.5, one additional residential subdivision may occur on that part of a quarter section
or equivalent, which is physically isolated or "cut off" from the bulk of a quarter section in
accordance with the following:
i.
The property is cut-off by a highway, road, railway, drainage channel or any combination thereof;
and
ii.
The subject property must be rezoned to an appropriate zoning district prior to being subdivided.
All existing vacant registered sites (registered by a separate title, before the effective date
of this OCP), which are below eight (8) hectares (19.8 acres) in size shall be rezoned to an
appropriate residential zoning district before a development permit for a new residence
may be granted.
At Council's discretion, existing vacant sites which are less than one (1) hectare (2.5 acres)
are not eligible for residential zoning or development permits unless they have access to
communal or on-site water and sewer service provisions.
Either show that land is free from all geotechnical, slumping and flooding problems; or
show that identified problems can be remediated (at no cost to the municipality) by the
developer and/or the subsequent owner of each proposed site to be created;
Where ground or surface water is to be a source of potable water for a development, or
the development may affect the ground or surface water used for irrigation or potable
water by other landowners. The following policies apply:
i.
Protect the quality of both surface water and groundwater;
ii.
Council may require a developer to provide a detailed hydrogeological study to prove that the
development can proceed as proposed without negatively affecting the quality or quantity of the
water source;
iii.
Council shall require that test holes and wells that have been abandoned or have not been used in
the past 60 months be decommissioned by the registered property owner in compliance with the
Water Security Agency (WSA) recommended practices to protect water quality;
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R.M of McKillop No. 220
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Section 6: Residential Objectives, Priorities and Policies
iv.
Council may create and maintain an inventory of potential contamination sources and areas of
groundwater and aquifer vulnerability;
v.
Council shall implement appropriate enforcement mechanisms for unauthorized excavations and
other activities that could damage or pollute ground or surface water; and
vi.
Councill shall assess the availability and sustainability of potable water before approving large
developments that are dependent on ground or surface water.
While development of renewable energy is often desirable, it is important to proactively
outline specific guidelines and standards to manage this type of use. Doing so, in a
proactive and clear manner is likely to minimize potential land use and conflicts, while
providing clarity to project developers.
The following renewable energy project developments shall be permitted at the discretion
of Council, including:
i.
Solar energy systems;
ii.
Wind energy (large and small);
iii.
Geo-exchange systems; and
iv.
Biomass district energy systems.
6.4
FARM RESIDENCE POLICIES
A maximum of two single-detached or dormitory dwellings shall be permitted on each
agricultural farmyard. A guest suite as may be allowed by Council as a discretionary use
(under Section 2.8.2), shall not be considered as exceeding the maximum number of
allowable dwellings specified in this subsection.
Council may, at their discretion, allow a mobile home as an alternative to a single-
detached dwelling on a farmyard where Council is fully satisfied the dwelling is required as
an accessory to the principal agricultural use:
Additional single-detached or dormitory dwellings shall conform to the following:
i.
All dwellings shall locate in or immediately adjacent to, the same yard site;
ii.
Additional dwellings shall be allowed only as accessory uses to the viability of the agricultural
operation;
iii.
All development, servicing and environmental concerns shall be appropriately addressed;
iv.
A separate subdivision will be allowed for only one of the dwellings allowed above. The remaining
dwellings must not be subdivided from the quarter section or equivalent.
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R.M of McKillop No. 220
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Section 6: Residential Objectives, Priorities and Policies
6.5
LOW-DENSITY NON-FARM RESIDENTIAL DEVELOPMENT POLICIES
Council may accommodate low-density, non-farm residential development in two basic
ways:
i.
Low-density dispersed single parcel residential development and subdivision; or
ii.
Multi-parcel residential development and subdivision;
Low-density non-farm single parcel residential development may occur in the Agricultural
zoning districts in accordance with the following:
i.
Low-density non-farm single parcel residential development shall be serviced with on-site water and
sewage facilities;
ii.
For the Country Residential 1 District, only one residential site per quarter section or equivalent is
allowed. Except for minor alterations of existing site lines, re-subdivision of properties zoned as CR1
shall be prohibited;
iii.
Low-density single parcel non-farm residential development shall not be encouraged to locate
adjacent to urban municipal boundaries;
iv.
Rezoning shall be required prior to subdivision approval; and
v.
Council may establish one or more low-density single parcel residential zoning districts in the Zoning
Bylaw to manage this type of residential development.
vi.
Low-density non-farm single parcel residential development may be considered in areas that are
not highlighted on the future land use map if it conforms to the OCP and Zoning Bylaw.
Multi-parcel residential development may occur in the CR2 zoning district in accordance
with the following:
i.
Except for minor adjustments to site lines, applications for multi-parcel residential development shall
be subject to the following conditions:
a. Subject to Section 6.6.1, a maximum of 50 per cent of the total number of sites in the proposed
development shall be at the minimum size allowable for the approved zoning district. All other sites
shall be a least 40 per cent larger than the minimum allowable site sizes for new subdivisions in the
zoning district; and
b. Re-subdivision of a CR2 parcel shall be prohibited.
ii.
Multi-parcel low density non-farm residential development shall meet the following management
criteria:
a. Such uses may be developed on lands with a CLI agricultural soil capability rating of primarily Class
4 - 7 and shall be prohibited on land with at least 50 per cent of the land rated as Class 1, 2 and 3.
b. Such uses may locate in the CR2 development district regardless of soil class.
c.
Council shall give preference to development and subdivision proposals which are in close proximity
to paved roads and provincial highways.
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Section 6: Residential Objectives, Priorities and Policies
d. Rezoning shall be required prior to subdivision approval.
e.
Council may establish one or more multi-parcel residential zoning districts in the Zoning Bylaw to
manage this type of residential development.
6.6
LOW-DENSITY COUNTRY RESIDENTIAL DEVELOPMENT POLICIES
For the purposes of this section of the OCP, "Low-Density" shall mean any subdivision or
condominium proposal which has a density of no greater than 16 sites per 64.75 hectares
(160 acres) or less depending on the total land area (i.e. including all roads, parks, public
or communal land etc.) being subdivided. Council may accommodate such
development by choosing to rezone land which has been proven to be safe for such uses
by favourable engineering studies which:
i.
Show that all proposed sites being subdivided will be serviced (at no cost to the municipality) with
on-site sewer and water services unless Council negotiates other servicing options and
responsibilities by means of Servicing Agreement;
ii.
Such uses may be developed on lands with a CLI agricultural soil capability rating of primarily Class
4 - 7 and shall be prohibited on land with at least 50 per cent of the land rated as Class 1, 2 and 3;
and
iii.
Council also intends to minimize the effect of non-farm development on Municipal finances,
agricultural activities and environmentally sensitive areas.
6.7
MEDIUM-DENSITY COUNTRY RESIDENTIAL DEVELOPMENT POLICIES
For the purposes of this section of the OCP, "Medium-Density" shall mean any subdivision
or condominium proposal which has a density of no greater than 40 sites per 64.75 hectares
(160 acres) or less depending on the total land area (i.e. including all roads, parks, public
or communal land etc.) being subdivided. Council may accommodate such
development by choosing to rezone land which has been proven to be safe for such uses
by professional engineering studies which:
i.
Show that all proposed sites being subdivided will be serviced (at no cost to the municipality) with
communal, on-site sewer and water services; unless Council negotiates other servicing options and
responsibilities; and
ii.
Such uses may be developed on lands with a CLI agricultural soil capability rating of primarily Class
4 - 7 and shall be prohibited on land with at least 50 per cent of the land rated as Class 1, 2 and 3.
Rezoning to allow these types of new residential clusters will only be allowed if they are
within approximately .8 km. (1/2 mile) of a paved provincial highway and conform to all
other plan policies. The intended areas for these Medium-Density CR subdivisions are
shown on the Future Growth Map, which forms part of this Plan.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 6: Residential Objectives, Priorities and Policies
6.8
MOBILE HOME POLICIES
General: Mobile homes shall be allowed as discretionary uses in the AR1, AR2 and H
Districts, but shall be prohibited uses in the CR1, CR2, LS1, LS2 and RR Districts.
Mobile Home Parks: New mobile home parks shall not be allowed in the municipality.
6.9
HAMLET (UHL'S BAY) DEVELOPMENT POLICIES
Hamlet shall mean the Hamlet of Uhl's Bay.
Hamlets shall be managed as follows:
i.
The subdivision of land to create new sites shall be prohibited; and
ii.
New development shall be restricted to public utilities, recreation uses, commercial developments,
residential development and existing uses.
New residential development shall be limited to specific sites as identified in the Zoning
Bylaw.
Zoning Implementation:
i.
Council may establish a hamlet zoning district in the Zoning Bylaw; and
ii.
Hamlet development standards and requirements may be further specified in the Zoning Bylaw.
6.10
RECREATIONAL RESORT (SUN DALE BEACH) DEVELOPMENT POLICIES
Recreational Resort shall mean the Recreational Resort of Sun Dale Beach.
The intent of this type of residential development is to allow a compatible mix of medium
to high-density residential and resort uses at appropriate locations. Higher density may be
required in some areas to support the extra services and sustainable features that make
the development more sustainable, without requiring the Municipality to supply or operate
those services. Council may consider allowing suitable proposals to allow medium to high-
density residential and resort uses provided the applicant agrees to ensure conformity to
this Plan by planning for piped services, land use compatibility, and protection of the
environment. Contract Zoning may also be used in such areas, subject to Section 11.7 of
this Plan.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 6: Residential Objectives, Priorities and Policies
6.11
LAKESHORE DEVELOPMENT POLICIES
Lakeshore
Development
shall
mean
organized
and
unorganized
hamlets,
or
developments recognized by the Zoning Bylaw as such that are adjacent to or proximate
to Last Mountain Lake.
Zoning Implementation:
i.
Council may establish one or more Lakeshore zoning districts in the Zoning Bylaw; and
ii.
Lakeshore development standards and requirements may be further specified in the Zoning Bylaw.
New or significant expansion of Lakeshore development will be subject to the following:
i.
Any stage of Lakeshore development shall include the concurent development of lake view and
non-lakefront parcels. Lakeshore development that only subdivides or develops on one side of a
road will be avoided, unless site specific circumstances prevail.
ii.
Proposals will require the submission of a comprehensive development plan for the area. The plan
will outline staging of residential and beach development, and will provide for public recreation
areas and access to the lake.
iii.
Plans for lakeshore development should articulate clear standards for subdivision, phasing, and
development, be sensitive to existing development, conform to the character of existing
development, and achieve an ecologically sensible development pattern.
iv.
All new subdivisions require adequate and safe public access to the lake front.
Rezoning shall be required prior to subdivision approval.
Priority shall be given for developments in the Lakeshore district that:
i.
Are included in growth areas shown in the Future Growth Map;
ii.
Are in proximity to an existing road way and do not require significant construction or maintenance
to provide safe access and egress;
iii.
Build off of existing developments with available infrastructure capacity and can show support of
ratepayers in those existing developments.
Rezoning approvals shall be restricted to areas outside of known flood zones and areas of
slope instability and shall require geotechnical studies that identify development
constraints and acknowledge appropriate construction techniques.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 7: Business (Commercial and Industrial) Objectives, Priorities and Policies
7.0
BUSINESS (COMMERCIAL AND INDUSTRIAL) OBJECTIVES,
PRIORITIES AND POLICIES
7.1
BUSINESS (COMMERCIAL AND INDUSTRIAL) DEVELOPMENT OBJECTIVES
To encourage a variety of business development that minimizes land use conflict and
environmental concern while serving the needs of the ratepayers of the municipality and
the travelling public.
To encourage a variety of high-quality business development through appropriate
subdivision design density, and location.
To ensure that business development takes place in a manner which can be economically
and efficiently serviced
To promote business development by providing larger sites (with limited infrastructure
services) than are usually feasible in urban areas for industrial uses which serve the
agricultural, resource extraction, or transportation sectors.
7.2
BUSINESS PRIORITY
To encourage and enhance a variety of business development opportunities within the
Municipality while supporting agri-business as the primary economic activity.
7.3
GENERAL BUSINESS POLICIES
Council shall encourage a variety of commercial and industrial developments within the
municipality.
Development Criteria: All commercial and industrial development shall adhere to the
following criteria:
i.
Minimize conflict with agriculture, critical wildlife and mineral extraction areas, and avoid/protect
heritage resources, groundwater and surface water resources, and water supply;
ii.
Minimize disruption to environmentally sensitive land and vegetation, and avoid pollution;
iii.
Minimize conflicts with urban municipalities, adjacent land uses, agricultural operations and
residences. The production of noise, odour, vibration, dust, traffic, fumes or other noxious emissions
from certain commercial or industrial uses may be prohibited or controlled in the Zoning Bylaw if not
already regulated by provincial or national acts or regulations;
iv.
Minimize negative effects to lands which have a CLI agricultural capability rating of Classes 2 and 3
for the majority of the locale in question;
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R.M of McKillop No. 220
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Section 7: Business (Commercial and Industrial) Objectives, Priorities and Policies
v.
Locate adjacent to highways, paved roads, and developed municipal roads;
vi.
Compliment preferred traffic patterns and maximize the use of internal roads; and
vii.
Site Size and Use: Generally, large sites are required to accommodate truck traffic and higher
parking needs for industrial or commercial uses, which are not suitable in higher density residential
areas. Smaller sites may be considered by Council to accommodate neighbourhood convenience
and amenity commercial activities.
The Zoning Bylaw shall contain requirements for on-site parking facilities and loading areas
in districts which allow commercial and industrial uses.
While development of renewable energy within communities is often desirable, it is
important for communities to proactively outline specific guidelines and standards to
manage this type of progress. Doing so, in a proactive and clear manner is likely to
minimize potential land use and community conflicts, while providing clarity to project
developers.
The following renewable energy project developments shall be permitted at the discretion
of Council, including:
i.
Solar energy systems;
ii.
Wind energy (large and small);
iii.
Geo-exchange systems; and
iv.
Biomass district energy systems.
7.4
COMMERCIAL DEVELOPMENT MANAGEMENT POLICIES
Council shall manage commercial development in two basic ways:
i.
As concentrated commercial development; and
ii.
As dispersed commercial development.
7.5
CONCENTRATED COMMERCIAL DEVELOPMENT POLICIES
Concentrated commercial development includes, but shall not be limited to, business
uses, retail uses, office uses, administration uses and recreational uses.
Concentrated commercial development and zoning shall be accommodated in the
Commercial /Light Industrial District. Concentrated commercial development and zoning
may be accommodated in other areas of the municipality at the discretion of Council in
other districts.
Council may require existing vacant commercial sites to be developed prior to approving
additional concentrated commercial sites by subdivision or rezoning.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 7: Business (Commercial and Industrial) Objectives, Priorities and Policies
New concentrated commercial development may be required to locate in close proximity
to urban centres, highways, or existing commercial development.
7.6
DISPERSED COMMERCIAL DEVELOPMENT POLICIES
Dispersed commercial development includes, but shall not be limited to, commercial
development which involves agricultural related commercial uses, recreational uses or
retail uses.
Dispersed commercial development and zoning shall be accommodated in the Highway
Commercial/Industrial District. Dispersed commercial development and zoning may be
accommodated in other areas of the municipality at the discretion of Council in other
districts.
The intent of dispersed commercial development is to accommodate appropriate
commercial uses that require access to a highway and a certain degree of separation
from other uses due to potential for noise and pollution.
Dispersed commercial development shall be limited in the RR, LS1, LS2, CR2 or H district.
7.7
COMMERCIAL ZONING POLICIES
Commercial development may be managed by establishing one or more zoning districts
in the Zoning Bylaw, in accordance with the two basic forms of commercial development
described above.
7.8
INDUSTRIAL DEVELOPMENT MANAGEMENT POLICIES
Council shall manage industrial development in two basic ways:
i.
As concentrated light industrial development; and
ii.
As dispersed medium or heavy industrial development.
Both types of industrial development mentioned above shall generally require large sites
to accommodate truck traffic, higher parking needs or industrial uses not suitable in
concentrated residential or urban areas.
Facilities and sites which are designed or intended for the storage or disposal of private,
commercial, industrial, toxic or contaminated waste or garbage shall be prohibited within
the municipality, outside of an approved waste collection and disposal site.
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R.M of McKillop No. 220
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Section 7: Business (Commercial and Industrial) Objectives, Priorities and Policies
Oil and gas exploration and drilling shall be permitted uses throughout the Agricultural
Development district. No drilling shall be allowed within the setbacks from any dwelling
(currently 75 metres) allowed by the provincial regulations administered by Saskatchewan
Ministry of Energy and Resources.
7.9
CONCENTRATED LIGHT INDUSTRIAL DEVELOPMENT POLICIES
Concentrated light industrial development includes, but is not limited to, industrial
development involving light manufacturing and mechanical repair uses, central services,
highway access, paved internal roads (preferred), storm sewers, small sites; and minimal
pollution, noise, odour, dust, vibration, fumes and other nuisance factors.
Concentrated light industrial development shall be encouraged to locate in approved
industrial parks in order to maximize resource management, municipal services, land use
compatibility and environmental protection. Heavy industrial development shall be
prohibited in the C1 District.
7.10
DISPERSED INDUSTRIAL DEVELOPMENT POLICIES
Dispersed medium or heavy industrial development includes, but is not limited to, industrial
developments involving manufacturing, salvage yards, agricultural related uses, sand and
gravel storage, aggregate mixing sites, landscaping and supply yards, potentially
hazardous uses, on site services, rail service (optional), potential noise, odour, vibration,
fumes, other nuisance factors and pollution.
Dispersed light or medium industrial development may occur throughout the municipality
but shall not occur in any commercial, or residential district. Medium and Heavy industrial
development shall be permitted in the C2 District.
7.11
INDUSTRIAL ZONING POLICIES
Industrial development may be managed by establishing one or more zoning districts in
the Zoning Bylaw, in accordance with the two basic forms of industrial development
described above.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 8: Recreation Objectives, Priorities and Policies
8.0
RECREATION OBJECTIVES, PRIORITIES AND POLICIES
8.1
RECREATION OBJECTIVES
To promote recreational development and ensure it does not conflict with adjacent land
uses, particularly agricultural, industrial, and country residential development.
To acknowledge the recreational value of Last Mountain Lake, its tributaries, and Rowan's
Ravine Provincial Park.
To recognize the interrelationship between passive recreational land use and conservation
policies.
To ensure that recreational developments do not place disproportionate demands for
municipal services or extensive improvements to existing services.
To recognize and protect historical and environmental features and wildlife habitat from
unauthorized and intensive recreational use.
8.2
RECREATION PRIORITY
To provide recreation opportunities that support healthy and active lifestyles where appropriate,
while balancing the preservation and protection of agriculture and environmental land.
8.3
RECREATION POLICIES
8.2.1. Recreational development (active or passive);
i.
Shall be restricted wherever possible, to lands of low agricultural capabilities;
ii.
May be considered:
a. Contiguous to or within the boundaries of a multi-parcel country residential subdivision where it is
complementary to country residential lifestyle pattern;
b. Where it is complementary to existing land conservation districts;
c.
Where it will not conflict with the agricultural community and conservation of ecological preserves.
iii.
Shall be designed in a manner which can be adequately supervised and policed.
Recreational uses shall not occur within the distances of an intensive livestock operation
as outlined in Section 5.6.6.
Commercial recreation uses should comply with the general intent of the Business Policies
outlined in Section 7.
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R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 8: Recreation Objectives, Priorities and Policies
While development of renewable energy is often desirable, it is important to proactively
outline specific guidelines and standards to manage this type of use. Doing so, in a
proactive and clear manner is likely to minimize potential land use and conflicts, while
providing clarity to project developers.
The following renewable energy project developments shall be permitted at the discretion
of Council, including:
i.
Solar energy systems;
ii.
Wind energy (large and small);
iii.
Geo-exchange systems; and
iv.
Biomass district energy systems.
PAGE | 32
R.M of McKillop No. 220
Official Community Plan Bylaw No. 375/2019
Section 9: Environmental Management Objectives, Priorities and Policies
9.0
ENVIRONMENTAL MANAGEMENT OBJECTIVES,
PRIORITIES AND POLICIES
9.1
GENERAL
This chapter establishes priorities and policies to protect and manage specific natural resources in
the municipality.
To identify environmentally sensitive lands and resources and establish policies which
recognize the various constraints which may exist in different situations.
Environmentally sensitive lands shall be shown as an ES Overlay district on the OCP and
Zoning maps. Recognizing the scale limitations of those maps, the ES Overlay district is
meant to include lands with the following characteristics:
i.
Designated lands;
ii.
Steep slopes;
iii.
Known ground water supplies;
iv.
High water tables;
v.
Marshes;
vi.
Areas adjacent to water courses;
vii.
Flooding;
viii.
Water or wind erosion;
ix.
Aquifer recharge capability;
x.
Slope instability or slumping;
xi.
Expansive soils involving shrinking, swelling, frost heaves, etc.; and
xii.
Lands sensitive to aquifer pollution and rapid vegetative destruction.
9.2
ENVIRONMENTAL MANAGEMENT OBJECTIVES
To ensure that conservations principles complement agricultural development and
activity.
To avoid and minimize the impacts of flooding and allow new development only in areas
which are not subject to slumping or erosion.
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R.M of McKillop No. 220
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Section 9: Environmental Management Objectives, Priorities and Policies
To assist in the protection of source water and groundwater supply from overuse and
pollution.
To protect and assist landowners in managing critical wildlife land and resources from
negative effects due to development or subdivision.
To protect heritage, archeological, other cultural resources from incompatible
development.
To allow land uses that are compatible with and complementary to the natural character
and features of Last Mountain Lake and its tributaries.
9.3
ENVIRONMENTAL MANAGEMENT POLICIES
Environmentally sensitive lands shall be protected and carefully managed:
i.
In recognition of their respective limitations and opportunities;
ii.
To achieve resource protection;
iii.
To avoid excessive development and maintenance costs; and
iv.
To minimize environmental disruption and pollution
To protect the environment from negative impacts associated with development,
especially in and around Last Mountain Lake and its tributaries.
To provide appropriately sized environmental reserves throughout the Municipality that
provide safe and natural areas for wildlife and its habitat.
To protect current and future ratepayers from impacts associated with flooding and
ground instability.
To protect and preserve NE 09-23-23 W2 (the areas know as Fox's Point) as an
environmental preserve within the Municipality for the enjoyment of current and future
ratepayers.
To require the appropriate remediation of gravel quarries and abandoned water wells in
the Municipality to protect source water and groundwater sources.
9.4
ENVIRONMENTAL MANAGEMENT POLICIES
Developments which generate pollution or have the potential to generate pollution shall
be prohibited on environmentally sensitive lands.
Council shall encourage landowners and developers to utilize conservation practices to
reduce environmental hazards to structures and ratepayers.
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R.M of McKillop No. 220
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Section 9: Environmental Management Objectives, Priorities and Policies
Performance bonds, irrevocable letters of credit, Interests filed on land titles, and/or liability
insurance may be required from a developer, as part of a servicing or development
agreement or as a development permit condition, to avoid unnecessary municipal
administration, inconvenience and expenditures, to protect the public interest, and to
notify future landowners of municipal servicing considerations or environmental limitations
for the subject land.
9.5
SURFACE WATER POLICIES
Council shall require adequate surface water drainage that avoids flooding, erosion and
pollution throughout the municipality and on new development sites. Consideration shall
be given to the ecological, wildlife habitat and drainage effects of development,
including the upstream and downstream implications.
Water bodies or water courses shall not be filled or altered without the prior approval of
the WSA and Council.
Management: Water bodies and water courses shall be managed as follows:
i.
Natural vegetation shall be preserved to prevent bank erosion;
ii.
Unauthorized water body or water course dredging and filling shall be prohibited;
iii.
Periodic cleaning of man-made drains shall be encouraged;
iv.
Channel improvements shall be carefully designed and constructed; and
v.
Water control structures shall be designed in accordance with the standards approved by the
WSA.
New developments and subdivisions which are adjacent to water bodies or water courses
shall be developed to retain stormwater on-site and match the release rate of the post-
develoment to pre-development conditions, while minimizing erosion and maximizing the
protection of water quality.
Unauthorized drainage of surface water from any land throughout the municipality shall
be prohibited. Individuals shall be required to obtain authorization from WSA prior to taking
any measures to drain surface water from their land.
9.6
GROUND WATER POLICIES
Development shall not deplete or pollute ground water resources within the Municipality.
Council shall cooperate with provincial and federal agencies and regulators and adjacent
municipalities in this regard.
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Section 9: Environmental Management Objectives, Priorities and Policies
Where insufficient information exists regarding the suitability or capacity of an aquifer for a
proposed development, Council may require the developer to provide the necessary
report, at his/her cost.
Council shall require that test holes and wells that have been abandoned or have not
been used in the past 60 months be decommissioned by the registered property owner in
compliance with WSA recommended practices to protect water quality.
9.7
FLOODING POLICIES
Council shall co-operate with WSA to minimize and prevent flooding within the
Municipality.
Intensive development, construction of buildings and other structures, and the subdivision
of land in identified flood hazard areas or on lands within the 1:500 design flood way
elevation level shall be prohibited. Development within the flood fringe will be permitted
as long as Council is satisfied the site, or sites, have an area with a safe building elevation
or the developer can provide proof that appropriate flood proofing has been constructed
in accordance with a design certified by a professional engineer registered to operate in
Saskatchewan.
Council shall manage development and subdivision proposals in consideration of WSA
and the MOE flood hazard prevention recommendations.
Where sufficient information exists regarding the potential for flooding in a proposed
development (i.e. LIDAR Data), Council may require the developer to provide the
necessary information required to satisfy their concerns, at his/her cost.
9.8
SLUMPING AND EROSION POLICIES
Council shall manage development and subdivision proposals in consideration of any
existing slump or erosion hazard prevention reports.
Where sufficient information exists regarding the potential for erosion or slumping in a
proposed development, Council may require the developer to provide the necessary
information required to satisfy their concerns, at his/her cost.
9.9
SOIL DISRUPTION POLICIES
Developments shall minimize soil erosion and topsoil disruption in order to avoid pollution,
slope instability, silting and the undesirable alteration of surface drainage and ground
water.
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Section 9: Environmental Management Objectives, Priorities and Policies
As a condition of any service agreement, Council shall require the submission of a
landscape plan that shows any planned soil disruption and outlines any planned mitigation
measures.
Council shall use the regulations of the Zoning Bylaw to prevent or minimize soil erosion and
the unauthorized permanent removal of topsoil due to new development. The Zoning
Bylaw may require landscaping plans to be submitted for municipal review and approval
for specific types of development.
9.10
VEGETATION POLICIES
Development shall not needlessly destroy existing trees, vegetation and unique flora.
The planting of new vegetation and the implementation of protective vegetation
measures shall be encouraged in conjunction with new development throughout the
Municipality. Landscaping plans for certain developments may be required for certain
development as outlined in the Regulations of the Zoning Bylaw.
9.11
NATURAL HABITAT POLICIES
Wildlife, vegetation and unique ecological habitats shall be preserved.
Development in unique ecological habitats shall be subject to protective development
standards.
Development and cultivation of low grade and undeveloped road allowances shall be
limited to protect nesting areas for song and game birds by Council attaching conditions
to any agricultural lease it may approve for road allowance areas. Such road allowances
will only be maintained by the municipality to the extent necessary, in Council's opinion,
for access to agricultural land.
Council shall work with provincial and federal agencies to protect any significant heritage
resources, critical wildlife habitat, wetlands and rare or endangered species located on
land proposed for development. Where significant potential for such has been found,
Council may defer issuing a permit for any development until such time as the
requirements of the relevant provincial agencies to protect such resources have been
obtained.
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Section 10: Community Service Objectives, Priorities and Policies
10.0 COMMUNITY SERVICE OBJECTIVES, PRIORITIES AND POLICIES
10.1
COMMUNITY SERVICING OBJECTIVES
To ensure that developments with similar servicing requirements are suitably located and
phased to achieve uniform, efficient and cost-effective services.
To provide an adequate level of public utilities, services (including those appropriate to a
rural context), and programs to meet the needs of the ratepayers of the municipality.
To explore the potential of sharing municipal services with adjacent municipalities where it
is of mutual benefit and equity to the ratepayers of each jurisdiction.
10.2
COMMUNITY SERVICE PRIORITIES
The protection, efficiency and cost-effectiveness of existing public utilities and municipal utility
priorities shall be major determinants of development and subdivision locations and patterns.
10.3
COMMUNITY SERVICE MANAGEMENT POLICIES
The purpose of the Community Service policies is to recognize that not all types of "urban"
community services are required in a Municipality, and that Council will decide which
services are appropriate dependent on the use and intensity of development and
financial resources which are available to Council.
Council shall endeavor to encourage, develop, protect and maintain the following
community services:
i.
Public Facilities: Public facilities such as municipal buildings, recreational facilities, wildlife habitat,
heritage sites, and similar uses.
ii.
Linear Utilities: Linear public utilities such as roads, railways, communication lines, distribution lines for
potable water, power and natural gas, and similar uses.
iii.
Major or Sensitive Utilities: Potentially harmful public utilities or those which must be protected from
encroachment to avoid land use conflict or ensure public safety, such as public wells, major power
or natural gas transmission lines, airports, water reservoirs, sewage lagoons, solid waste and chemical
can disposal facilities, and similar uses.
iv.
Public Services: Administrative services, police services, fire protection services, weed and rodent
control.
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Section 10: Community Service Objectives, Priorities and Policies
While development of renewable energy within communities is often desirable, it is
important for communities to proactively outline specific guidelines and standards to
manage this type of progress. Doing so, in a proactive and clear manner is likely to
minimize potential land use and community conflicts, while providing clarity to project
developers.
The following renewable energy project developments shall be permitted at the discretion
of Council, including:
i.
Solar energy systems;
ii.
Wind energy (large and small);
iii.
Geo-exchange systems; and
iv.
Biomass district energy systems.
10.4
COMMUNITY SERVICE LOCATION POLICIES
New public and linear infrastructure shall be located in consultation with Council so as to achieve
the following:
Maximum public benefit;
Minimal municipal construction and maintenance costs;
Minimal disruption to existing and proposed developments and public utility properties and
the natural environment; and
Compliance with the OCP and Zoning Bylaw.
10.5
COMMUNITY SERVICE FINANCING POLICIES
Municipal Financing for Public Services and Infrastructure
i.
Council shall provide public services and infrastructure in accordance with its financial capability
and priorities.
ii.
Council shall give preference to developments and public infrastructure which maximize service and
efficiency and minimize costs and maintenance to the Municipality.
Cost-Sharing Related to Public Utilities
i.
Council shall ensure that all applicants for new developments and subdivisions requiring services from
the Municipality pay for the full cost of planning, legal, design, installation, maintenance, and if
necessary, supply of such services. If in Council's opinion, there will be significant public benefit
provided by the development or subdivision to the Municipality and its ratepayers, Council may
choose to negotiate a cost-sharing agreement with the developer for the installation (and if
necessary, the supply) of those services.
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Section 10: Community Service Objectives, Priorities and Policies
ii.
Where the cost of providing or facilitating public infrastructure is, in Council's opinion, prohibitively
expensive to construct or maintain, to protect municipal interests Council may:
a. Require a developer to enter into a development agreement, which may include, but is not limited
to, payment by the developer of all charges incurred by the Municipality for professional and
administrative services either on a site-by-site basis or other criteria as may be adopted or altered by
a separate bylaw of Council;
b. Require a developer to enter into a subdivision servicing agreement;
c.
Request proposal modifications;
d. Refuse to rezone land, issue development permits or recommend subdivision approval;
e.
Specify appropriate development permit standards, conditions and requirements; and
f.
Require the developer to pay for all or part of the cost of providing the service or public infrastructure,
as deemed necessary by Council.
iii.
Timing of Public Utilities: As a condition of a Development or Service Agreement, Developers may
be required to provide public infrastructure, either prior to or within a defined period after
development or subdivision is authorized.
iv.
Performance Security: Performance bonds, irrevocable letters of credit, interests filed on land titles
and/or liability insurance may be required from a developer as part of a servicing or development
agreement, or as a development permit requirement, to avoid unnecessary municipal
administration, inconvenience and expenditures, to protect the public interest and to notify future
landowners of municipal servicing considerations or environmental limitations for the subject land.
If deemed required, the Municipality is authorized to establish a Development Levy Bylaw
to recover the costs of services and facilities as prescribed by Section 169 of The Planning
and Development Act, 2007, as updated from time to time.
10.6
WATER SUPPLY AND SERVICE POLICIES
Water Requirements: All developments which require water shall be adequately serviced
with a potable and sufficient water supply, either on-site, or by a central water system.
Developments which involve water haulage shall be discouraged.
Central Water: Pipelines owned and operated by public utility boards, which may be
authorized by Council under The Municipalities Act, shall be allowed within road
allowances subject to any terms and conditions that Council may impose, but shall not be
owned or maintained by the Municipality.
All development shall be responsible for obtaining an approved Development Permit from
the Municipality prior to constructing water works in the Municipality.
Council may require developers to provide professional, certified hydrogeological and
servicing reports regarding:
i.
The availability of a potable, sufficient and regular water supply to service development;
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Section 10: Community Service Objectives, Priorities and Policies
ii.
How the water (including options) is to be made available to service the development;
iii.
Evidence that the proposed water service and development will not deplete or pollute existing water
supplies and the ground water;
iv.
Evidence that no adverse effects will occur regarding adjacent land uses;
v.
Evidence of the issuance of a water rights license and approval to construct and operate water
works from the WSA; or, in the case of a private well, evidence of a drilling log report and well
registration from a water well drilling company registered with the WSA;
vi.
The mitigation of any adverse effects by special construction techniques;
vii.
Conformity with the Saskatchewan Health Authority, the Ministry of Environment (MOE) and WSA
regulations and guidelines; and
viii.
The proposal's effect on municipal finances.
10.7
SEWAGE SERVICE POLICIES
All development requiring sewage facilities shall be adequately serviced with an
approved, on-site or central sewage system (e.g. holding tanks, septic tank, sewage
lagoons, spray (jet) disposal), in accordance with provincial and municipal requirements.
All development shall be responsible for providing the Municipality with evidence of an
approved Permit for Construction of a Sewage Works by the WSA; or in the case of private
sewage works, evidence of an approved permit from the Saskatchewan Health Authority.
In the case of public infrastructure, the developer shall be responsible for providing the
Municipality with evidence of a Permit to Operate a Sewage Works from the WSA when
seeking to operate any sewage works; and when considering to cancel, amend, alter, or
suspend their current Permit;
Self-contained, on-site facilities shall be preferred in the Agricultural Development Districts.
All development shall be responsible for obtaining an approved Development Permit from
the Municipality prior to constructing Sewage Works in the Municipality.
The required separation distances between such facilities and other uses are shown in
Table 2 below.
10.8
SOLID WASTE DISPOSAL SERVICE POLICIES
All development requiring solid waste removal shall be adequately serviced by an
approved solid waste disposal facility in the municipality or an adjacent urban or rural
municipality in accordance with provincial and municipal requirements.
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Section 10: Community Service Objectives, Priorities and Policies
All domestic, industrial and toxic wastes shall be collected and disposed of according to
federal, provincial and municipal requirements and guidelines.
Council shall support the operation of a public landfill site to be cost-shared among several
municipalities in the area.
Council shall prohibit the development of facilities for disposal of private, commercial,
industrial and toxic wastes.
Council shall require the continued use of solid waste collection by private contractors and
the appropriate disposal of construction waste in an approved solid waste disposal facility.
The required separation distances between such facilities and other uses are shown in
Table 2 below.
10.9
SEPARATION DISTANCE POLICIES FOR SOLID AND LIQUID WASTE DISPOSAL FACILITIES
In order to minimize conflict between proposed solid or liquid waste disposal facilities
(public and private) and surrounding development or vice versa, the separation distances
included in Table 2 shall be adhered to unless altered by Council as a condition of a
permitted or discretionary use permit where authorized by the Zoning Bylaw.
Council may approve a separation of no more than 20 per cent less than the relevant
separation shown in the Zoning Bylaw where the applicant submits a copy of an
agreement between the operator of the facilities and the owner of the development,
organized hamlet board or urban council, agreeing to such lesser separation. Agreements
between an operator and an owner of another development must contain the provision
that the parties to the agreement will caveat the agreement to the titles to 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 to attach the agreement as
an Interest on the title of the affected lands.
10.10 ROAD POLICIES
All new residential, commercial (including recreational) and industrial (including a public
utility) development and proposed subdivision sites shall be serviced by an all-weather
municipal road of sufficient standard, which may be defined in the Zoning Bylaw. Subject
to Section 9.9 of this Plan, Council may require a developer to pay for all or part of the cost
of on or off-site road upgrades to service such developments. Council may outline the
municipality's requirements and standards for all public roads and, if necessary, private
roads owned by a condominium corporation in a Design and Construction Standards
Bylaw which may be adopted and amended as necessary by resolution of Council.
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Section 10: Community Service Objectives, Priorities and Policies
Dedication of a service road may be required by developers to ensure functional and safe
vehicular access, particularly along highways and high traffic volume roads.
The demand for country residential sites is likely to continue given the Municipality's
proximity to Regina. A limited number of non-farm subdivisions in the agriculture districts
shall be allowed with a change of zoning to an appropriate zoning district; and where
Council can manage the potential for land use conflict between agricultural and non-
farm uses.
Council shall prefer non-farm residential development that takes advantage of proximity
to provincial highways in the Municipality which offer better access to more employment
opportunities than exist locally.
Development along a roadway which falls within an adjacent Municipality's jurisdiction
shall require consultation with that Municiplaity; and the Developer shall be responsible to
provide evidence of an authorized letter of support.
10.11 DEDICATED LANDS POLICIES
Dedicated lands (e.g. public, municipal, utility, and environmental reserves, buffer strips
and walkways) shall be managed in accordance with The Planning and Development
Act, 2007 and the Dedicated Land Regulations, 2009, as amended from time to time.
Dedicated Lands Account: A separate municipal Dedicated Lands Account shall be
established to manage money received in lieu of municipal reserve land.
Sale and Lease of Dedicated Lands: Council may sell and lease dedicated lands, where
Council determines that it is in the public interest, in conformity with The Planning and
Development Act, 2007 and The Dedicated Lands Regulations, 2009, as amended from
time to time.
10.12 POLICY FOR OTHER SERVICES
An appropriate level of public infrastructure for all development and subdivisions, particularly for
medium to high-density developments, shall be required. Such public infrastructure may include,
but are not limited to, roads, culverts, ditches, sewers, sidewalks, street lighting, street signs,
recreation facilities, parking and unloading facilities, and similar amenities and services.
10.13 MAJOR PIPELINE DEVELOPMENT POLICIES
This section refers to development of, and development adjacent to, pipeline easements and
rights-of-way which are owned by companies regulated by the National Energy Board.
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Section 10: Community Service Objectives, Priorities and Policies
All permanent structures and excavations shall be located at least 12 metres (40 feet) from
the limits of a pipeline easement or right-of-way which is regulated by the National Energy
Board or the Saskatchewan Ministry of Energy and Resources (MER).
Pipeline rights-of-way may be zoned as passive open space that could be used for
pedestrian and bicycle pathways, subject to all easement rights and any other conditions
required by national or provincial acts or regulations.
10.14 SCHOOL SITE DEVELOPMENT POLICIES
The municipality shall allocate land as Municipal Reserve for a school site where appropriately
located, municipally-owned, serviced land is available, or shall require a subdivision applicant or
a number of subdivision applicants in an area to provide land for a school site when such a site is
needed to serve a growing population and the land proposed for subdivision meets the school
site requirements.
i.
All potential school site locations shall be evaluated by the municipality in consultation with the
Horizon Valley School Division and the Ministry of Education to determine if the site meets the
requirements with respect to (1) size, (2) proximity to existing and future residents, (3) proximity to
other complementary facilities, amenities and services, (4) access/accessibility, (5) site conditions
(i.e. geotechnical, hydrogeological, etc), (6) simplicity and feasibility of land transaction(s) to
acquire the site and (7) any other relevant criteria. The site may also be examined in consultation
with any other potentially benefiting municipality or First Nations Band.
10.15 RAILWAY DEVELOPMENT POLICIES
Development in areas near railway lines or facilities shall be planned strategically to avoid
conflicting developments.
i.
Ensure adequate separation as to minimize potential for noise, dust, fumes and vibrations for
developments that may be adversely affected.
ii.
Ensure any development near these facilities considers the potential impact of public health.
iii.
All new development within proximity to railway corridors shall be designed and constructed in
accordance with relevant recommendations listed in the Federation of Canadian Municipalities
and the Railway Associations of Canadas "Guidelines for new Development in Proximity to Railway
Operations" The following elements will be considered:
a. Proposed Land Use Type;
b. Separation Distance from the railway corridors and railway owned property;
c.
Physical and environmental conditions of the site; and
d. The railway line or facility classification.
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Section 11: Implementation
11.0 IMPLEMENTATION
11.1
DEVELOPMENT REVIEW CRITERIA AND APPLICATION REVIEW
Council shall consider the following when making decisions on applications to rezone, subdivide
and develop land:
Conformity with the OCP premise, goals, objectives and policies and the Zoning Bylaw
development standards;
The viability and necessity of the proposed use;
The degree of prematurity (e.g. time, location, servicing, costs, municipal capabilities)
including the consideration by Council of the number of unsold and undeveloped sites in
previous phases of the area being subdivided/rezoned or similar sites in adjoining
developments;
The availability of alternative sites and buildings to accommodate the proposed
development;
The costs and benefits of the proposed development with respect to municipal finances
and expenditures;
The suitability of the proposed development with respect to established and preferred
development patterns, phasing and sites in the area;
The ability of the Municipality to negotiate and secure the required level of municipal
services and public infrastructure;
The compatibility of the proposed use with nearby land uses, existing and preferred public
utilities, the character of the area, the environmental protection goals, objectives and
policies; and the ability to avoid problems regarding access, servicing, noise, odour,
vibration, inconvenience and property values;
The effect of the proposed development on proposed municipal projects identified in this
bylaw, including municipal reserve and recreational policies;
Any additional reports, studies, development issues, resident concerns, provincial
comments and public hearing submissions;
The need to establish or allow physical development, land use and road and servicing
patterns which are compatible with existing development;
The need to prevent or minimize water (ground and surface) and air pollution;
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Section 11: Implementation
Others, as determined by Council (e.g. maintenance)
The need to create attractive, safe, and functional traffic corridors within the Municipality's
boundaries;
Achieving an efficient land use pattern adjacent to highway interchanges and road
intersections;
Maximizing traffic safety and pedestrian movement;
Achieving a high quality, visually attractive environment regarding signs, landscaping,
buffers, vegetation, building design, outdoor storage and parking areas; and
Maximizing the efficiency and cost effectiveness of existing municipal services and public
utilities, including, but not limited to:
Water supplies
Schools
Recreation
Sewage services
Roads
Dedicated lands
Ambulance services
Emergency measures
Natural gas services
Police protection
Pipelines
Public lands
Storm drainage
Solid waste facilities
Railways
Fire protection
Public safety
Electrical services
Telecommunications
Postal services
Community Facilities
11.2
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENT APPROVAL
Council may undertake a periodic review of residential, commercial and industrial
development within the municipality to assist in making decisions on applications for new
proposals for development and subdivision of the relevant type. The review may include
information on the following:
i.
Population levels based on census and Saskatchewan Health data and projected populations;
ii.
An inventory of existing undeveloped sites categorized by zoning district;
iii.
Recent subdivision activity and the number of unsold and undeveloped sites in previous phases of
the area or similar sites in adjoining developments;
iv.
History of new residential, commercial and industrial starts;
v.
Demand for development applications for the proposed use; and
vi.
Historical population growth patterns and trends.
Applicants for residential development shall also take into consideration the following:
i.
Demand for residential development;
ii.
Costs and benefits to the municipality; and
iii.
Conformity to the OCP and Zoning Bylaw.
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Section 11: Implementation
11.3
REASONS TO RECOMMEND REFUSAL
Council may recommend subdivision refusal, or they may refuse to rezone a development
proposal where, in Council's opinion, the development does not meet the criteria outlined
in Sections 11.1 or 11.2 above.
Council may refuse a development application, or recommend subdivision refusal, where
a developer refuses to enter into a servicing or development agreement or to provide
additional information as requested by Council.
Council may recommend subdivision refusal, or they may refuse to rezone a development
proposal where the proposal does not comply with the development standards of the
Zoning Bylaw.
11.4
ZONING BYLAW
The Zoning Bylaw shall be the primary means used to implement the Goal, Objectives and
Policies of the OCP. The Zoning Bylaw shall provide for the creation of zoning districts, the
identification of permitted and discretionary uses within those zoning districts, and the
establishment of both general and specific development standards to carry out the intent
of the OCP.
Generally, the zoning on land shall reflect its current use.
11.5
ZONING AMENDMENTS
Council may consider applications to rezone land, or to amend the Zoning Bylaw, in order to
accommodate specific development proposals.
Undeveloped land which is 48.5 hectares (120 acres) in size or larger, and is intended for
long-term development, shall either be zoned agricultural or assigned a holding
designation until it is ready for development.
When development is proposed on undeveloped lands, and the proposal conforms to the
OCP and the Zoning Bylaw, the land may be rezoned to an appropriate zoning district.
11.6
PHASING
Proposed developments may be approved and managed in phases to avoid prematurity of
development, to ensure environmental protection and to achieve efficient municipal servicing.
Council may choose not to approve or rezone additional phases for a subdivision in any district
excluding the Agricultural district, if at least 75 per cent of the sites in previous phases of the same
overall development have not yet been sold and developed.
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Section 11: Implementation
11.7
CONTRACT ZONING
The RM may enter agreements for site specific rezoning where it is deemed to minimize
potential negative impacts of a development on the environment, services, and existing
development by controlling the specific type of use and development of the site, or
ensuring development is completed within a specific time frame. Contract Zoning
agreements are subject to provisions set out in Section 69 of the Act and run with the land.
An agreement executed pursuant to Section 69 of the Act shall set 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, if the
development standards shall be no less stringent than those set out in the requested underlying
zoning district.
11.8
COST RECOVERY FOR SERVICES
Council may adopt a Development Levy Bylaw to ensure that the cost of installing appropriate
services is wholly or partly the developer's responsibility, either in the case of a new subdivision
(see Section 172 of the Act for an outline of Council's authority to include the cost of services in a
subdivision servicing agreement), or for a new or expanding development (see Section 169 of the
Act for an outline of what items a Council may include in a separate Development Levy Bylaw)
to cover the cost of servicing that development where no subdivision is required. In deciding
whether to share the cost of such services with a developer, Council will ensure that the principle
of such sharing will benefit the Municipality. Agreements for cost-recovery shall also conform to
Section 10 of this bylaw.
11.9
FIRST NATIONS
Council commits to maintaining an open and respectful dialogue with First Nation
communities in an effort to secure mutual benefits for one another.
Where land within the municipality has been purchased by a First Nation community and
it has attained "reserve" status through either the Additions to Reserve (ATR) process,
Council shall encourage the First Nation Council to enter into an agreement with the
Municipality that intend to:
i.
Achieve complimentary land management policies that include land use bylaws similar to the
provisions of the Municipality's OCP and Zoning Bylaw for First Nation lands within the Municipality;
and
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Section 11: Implementation
ii.
Achieve continuity or sharing of public infrastructure where ever possible; and public services, such
as road management, weed control, stray animal control, fire suppression services and building
inspection.
11.10 LIST OF APPENDICES, REFERENCES AND MAPS
Appendices
Appendix A - Future Land Use Map
Appendix B - Development Constraints Map
Appendix C - Canadian Land Inventory Soil Capability Map
References
Reference A - The population trends on p.1 were calculated using the Constant Numeric Change
Model described in "An Empirical Comparison of Simple Techniques for 5 - Year Municipal
Population Projections", published in September, 1986 by H.C. Davis, U.B.C. Planning Papers,
Canadian Planning Issues, #19, University of British Columbia, School of Community and Regional
Planning, Vancouver, B.C.
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Section 12: Bylaw Approval
12.0 BYLAW APPROVAL
12.1
REPEAL AND TRANSITIONAL
Rural Municipality of McKillop No. 220 Official Community Plan No. 233/11 and all subsequent
amendments, are hereby repealed upon the effective date of this bylaw.
12.2
EFFECTIVE DATE
This Bylaw, including all Appendices and Maps, shall come into force on the date of final approval
by the Minister of Government Relations.
12.3
COUNCIL READINGS AND ADOPTION
Read a First time this
day of
2019.
Read a Second time this
day of
2019.
Read a Third time and adopted this
day of
2019.
______________________________
________________________________
Reeve Rural Municipal Administrator
(SEAL)
12.4
PROVINCIAL APPROVAL DATE
_________________________________
(SEAL)