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1971-20 Intermunicipal Development Plan (Special Areas) BYLAW NO. 1971-20 COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA Being a bylaw of the County of Newell in the province of Alberta,to adopt an Intermunicipal Development Plan between the Special Areas Board and the County of Newell pursuant to sections 631 and 692 of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended; WHEREAS municipalities are required by the province to expand intermunicipal planning efforts to address common planning issues and where the possible effects of development transcends municipal boundaries. AND WHEREAS both the Special Areas Board and the Council of the County of Newell agree that it is to their mutual benefit to establish joint planning policies and this negotiation and agreement reflects a continuing cooperative approach between the two municipalities and the desire to see well-planned, orderly, and managed growth. AND WHEREAS the municipality must prepare a corresponding bylaw and provide for its consideration at a public hearing. NOW THEREFORE, under the authority and subject to the provisions of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26 as amended, the Council of the County of Newell duly assembled hereby enacts the following: 1. Council shall adopt the County of Newell and Special Areas Board Intermunicipal Development Plan in consultation and as agreed to with the Special Areas Board. 2. This plan, upon adoption, shall be cited as the County of Newell and Special Areas Board Intermunicipal Development Plan Bylaw No. 1971-20. 3. This bylaw shall come into effect upon third and final reading thereof. READ a first time this 20th day of February, 2020. Reeve—Molly Douglass Chief Administrative Officer—Kevin Stephenson READ a second time this 19th day of March, 2020. Reeve—Molly Douglass Chief Administrative Officer—Kevin Stephenson READ a third time and finally PASSED this 19th day of March, 2020. Reeve-Molly Douglass Chief Administrative Officer-Kevin Stephenson rU . c. ALBERTA MUNICIPAL AFFAIRS Office of the Ali nister MLA, Edmonton - South West MINISTERIAL ORDER NO. MSD:052120 I, Kelechi Madu, OC, Minister of Municipal Affairs, pursuant to Section 6(1) of the Special Al-eas Act and Sections 587 and 631(1) cf the Municipal Government Act, make the following order: 1. This Order shall be known as the Intermunicipal Development Plan between the Special Areas Beard and the County of Newell. 2. The plan attached hereto is deemed to be part of this Order. Dated at Edmonton, Alberta, this .'. l �'� day of �A V1 2020. Kele hi Madu, Q Mini ter of Mu�cipal Affairs 13? Legislature Building, I0800 - 97 Avenue, Edmonton, Alberta T5K 2130 Canada Telephone 780-427-3744 Fax 780-422-9550 1 nnI&, nn "ryded wp i County of Newell and Special Areas Board Intermunicipal Development Plan County of Newell Bylaw No. 1971-20 Special Areas Board Ministerial Order No. MSD.052/20 Table of Contents Part 1 Introduction 1 Executive Summary 1 Purpose of an Intermunicipal Development Plan 3 Alignment with the Municipal Government Act 3 Regional Plans 4 Plan Interpretation 4 Plan Preparation 5 Plan Area Boundary 5 Municipal Profiles 5 Intermunicipal Development Plan Area 6 Part 2 Plan Policies 1D Intermunicipal Land Use 10 Part 3 Plan Administration and Implementation l A Intermunicipal Development Plan Committee 14 Intermunicipal Referral 15 Plan validity and Amendment 18 Dispute Resolution 18 Figures (located within the document) Figurei Context Map.............................................................................................................. 2 Figure 2 -- Plan Area Boundary............................................................................................... 9 Figure 3- County of Newell and Special Areas Board Intermunicipal Referral Process .... 17 Figure 4 - County of Newell and Special Areas Board Dispute Resolution Process ..........20 Figures (located in Appendix B. Background Maps) Figure 1 Context Map Figure 2- Plan Area Boundary Figure 3- County of Newell and Special Areas Board Intermunicipal Referral Process Figure 4 - County of Newell and Special Areas Board Dispute Resolution Process Figure 5 - Land Uses Figure 6 -Transportation Network Figure 7 - Historical Resource Sites Figure 8 - Confined Feeding Operations i I PAG£ Appendices Appendix A definitions Appendix B Background Maps ii I PAGE Part 1 Introduction Part 1 Introduction Executive Summary To meet the requirements of the Municipal Government Act and to work together for regional benefit, County of Newell and the Special Areas Board have collaborated to develop an Intermunicipal Development Plan. Section 631 of the MGA states: "two or more councils of municipalities that have common boundaries that are not members of a growth region as defined in Section 708.1 must, by each passing a bylaw in accordance with this Part or in accordance with sections 12 and 692, adopt an intermunicipol development plan to include those areas of land lying within the boundaries of the municipalities as they consider necessary." This Plan includes policy direction regarding future development, transportation networks, coordination of municipal programs and environmental matters, as well as procedural matters related to resolving disputes and initiating amendments to the Plan for the County of Newell and Special Areas Board. 11PAGE Part 1 Introduction Figure 1 Context Map 2 1 PAGE Part 1 Introduction Purpose of an Intermunicipal Development Plan Intermunicipal Development Plans (IDPs) are statutory documents approved by Council/Minister that help municipalities manage issues related to growth, changing land use and the coordination of services along their borders. The plans provide a policy framework that outlines how the municipalities can foster collaboration and cooperation to adequately identify and discuss land use issues and expectations. The objectives of an 1DP include: • Identifying a plan area; • Identifying future land uses, including lands suitable for recreational, residential, industrial, commercial and environmental opportunities,' • Identifying the long-term growth areas; • Coordinating intermunicipal programs relating to the physical, social and economic development of the area; • Integrating all participating municipalities' recreational amenities including greenspace, recreational facilities and trails; • Addressing environmental matters; • Addressing the provision of intermunicipal services and facilities: • Determining a dispute resolution process to resolve any conflict between municipalities; • Developing an Implementation Plan, including circulation and referral processes; and • Developing a schedule for plan review and a procedure to be used by one or more municipalities to amend or repeal the plan. Alignment with the Municipal Government Act This IDP has been prepared under the legislative authority prescribed in Section 631(2) of the Municipal Government Act (MGA) which states: (2) An intermunicipal development plan (a) must address (i) the future land use within the area, (ii) the manner of and the proposals for future development in the area, (iii) the provision of transportation systems for the area, either generally or specifically, (iv) the co-ordination of intermunicipal programs relating to the physical, social and economic development of the area, 3 1 P A G E Part 1 Introduction (v) environmental matters within the area, either generally or specifically, and (vi) any other matter related to the physical, social or economic development of the area that the councils consider necessary, and (b) must include (i) a procedure to be used to resolve or attempt to resolve any conflict between the municipalities that have adopted the plan, a procedure to be used, by one or more municipalities, to amend or repeal the plan,. and (Fi) provisions relating to the administration of the plan. Regional Plans Both municipalities shall adhere to their respective applicable regional plans and ensure the Intermunicipal Development Plan aligns with the objectives and strategies of such plans to achieve regional outcomes. Plan Interpretation For the purpose of this IDP, names shall be referred to as follows: All reference in this document to the Intermunicipal Development Plan may be referred to as the IDP. All words in the IDP shall have the same meaning as defined in the MGA. This IDP contains the operative words `shall`, `should', 'may' and 'must°. The interpretation of these words is found below: Shall -- indicates that actions are mandatory. Should - indicates the direction to strive to achieve the outlined action but is not mandatory. May - is discretionary, meaning the policy in question can be enforced if the municipalities choose to do so. This is typically dependent on context and individual circumstances. Must - indicates actions are mandatory. 1.1 All references to a specific agency, body or department were accurate at the time of Plan development. Considering the possibility of an agency, body or department to change names, all references throughout the Plan shall therefore 4;PAGE Part 1 Introduction be considered applicable to the relevant agency, body or department currently in effect. .2 The information presented on the maps in the appendices of this Plan shall be considered an approximation only and not an entirely accurate portrayal of the geographical, physical or other variables included. 1.3 Notwithstanding 1.2 above, the boundaries of the Plan Area shall be considered as accurate. Plan Preparation The formation of this Plan was guided by the direction of the County of Newell and the Special Areas Board, involving senior municipal administration. The municipalities agree that the continued primary use of land should remain agricultural in nature. Non-agricultural development may be considered if considered appropriate for rural areas and supports the local population and economy. Key Issues Compatibility of future uses with existing uses. • Municipal road network integrity and condition. • Preservation of the natural environment including water quality of the Red Deer River. Plan Area Boundary The municipalities share a municipal boundary line of approximately 258.6 km. The Plan Area includes the lands within the fringe of this shared boundary by a line that extends, where possible, one mile (1.6 km) or one section from the shared border and consists of approximately 489.68 km2. The Plan Area is illustrated in Figure 2 - Plan Area Boundary. The established IDP area represents a shared agreement and dedication to cooperation by the County of Newell and the Special Areas Board that will allow for the continued use for agriculture and where applicable, coordination of infrastructure. Municipal Profiles County of Newell The County of Newell is located in south-eastern Alberta in the heart of the Palliser Triangle. The County holds 6,070.5 km2 of land inhabited by 7,524 residents. The County surrounds four urban municipalities and governs eight hamlets. The County is bordered by five rural municipalities and the Siksika First Nation. The economy is driven by 51 PAGE Part 1 Introduction agriculture with lands designated as Eastern Irrigation District, cultivated dry land, and the oil and gas industry. The County has several lakes including Lake Newell, the Crawling Valley Reservoir and a portion of Dinosaur Provincial Park, a UNESCO World Heritage Site. Special Areas Board Special Areas is located in south-eastern Alberta. The Special Areas holds 9,740.6 km2 of land inhabited by 2,070 residents. The Special Area is surrounded by nine rural municipalities, and governs numerous hamlets. One local municipality (the Town of Hanna) is located within Special Areas. The economy in Special Areas is driven primarily by agriculture and the oil and gas industry. Special Areas has three named lakes (Little Fish Lake, Dowling Lake and a portion of Sullivan Lake) as well as two provincial parks, Little Fish Lake and a portion of Dinosaur Provincial Park, a UNESCO World Heritage Site. Special Areas is administered by the Minister of Municipal Affairs with specific authority delegated to the Special Areas Board, and with elected councillors forming the Special Areas Advisory Council, Intermunicipal development Plan Area The Plan Area has sparse physical features and infrastructure. A review of these elements identified the following characteristics within the Plan Area Boundary: Transportation Infrastructure Both municipalities recognize the importance of maintaining an efficient and coordinated transportation network. The policies within this IDIP consider the impacts of development on municipal and provincial road infrastructure in the Plan Area. Three provincial highways intersect the Plan; the Provincial Highway Service Classification Map identifies them as the following: • Highway 862 is a Level 3 Arterial Highway • Highway 36 is a Level 2 Arterial Highway • Highway 876 is a Level 4 Arterial Highway Six vehicular bridges owned and operated by Alberta Transportation are located within the Plan Area. Bridges crossing Spring Creek and Little Sandhill Creek are located in the County of Newell. One pedestrian bridge is identified in the County of Newell. Bridges providing access between the municipalities across the Red Deer River are located at Highway 36 and Highway 876. The Finnegan Ferry provides seasonal intermunicipal access across the Red Deer River at Highway 862. 6 1 P A G E Part 1 Introduction Environmentally Significant Areas The Plan Area is primarily composed of lands classified by Alberta Environment and Parks as Environmentally Significant. Both municipalities understand the value of the natural environment and the contribution of environmentally significant areas to the Plan Area; therefore, both municipalities agree to conservation efforts for environmentally significant natural areas that are necessary to maintain natural processes and healthy physical landscapes long-term. The intermunicipal boundary follows the 'Red Deer River, a defining natural feature within the Plan Area. Special consideration should be taken for developments that may impact the river's water quality and bank stability. The municipalities shall continue to prioritize the conservation of the Dinosaur Provincial Park, surrounding riparian habitat features and badlands, Native Grasslands on Public Lands The municipalities acknowledge the importance of conservation and preservation of the native grasslands that span the municipal boundaries. The municipalities agree to joint efforts in fire suppression and weed control to mitigate the devastating effects of grassland fires. Resource Extraction Oil and gas activity is prevalent in both municipalities with a significant number of oil and gas wells, and pipelines located in the Plan Area. The municipalities recognize the importance of resource extraction to the local economy and the maintenance of transportation routes and other infrastructure. Agriculture The municipalities agree that agriculture and grazing will continue to be the primary use of land in the Plan Area, and non-agricultural uses should be considered only in such areas where they will not negatively impact these uses. Confined Feeding Operations One confined feeding operation (CFO) is located within the Plan Area, within the County of Newell; the permit is currently held by Springside Colony Farming Co. Ltd. The areas surrounding the CFO will have limited growth and development potential for specific uses (primarily residential), with Minimum Separation Distances calculated by the National Resources Conservation Board that buffer the intensive agricultural use from other uses. 71PAGE Part 1 Introduction The following breakdown of categories of Minimum Separation Distances for different types of development are detailed below and shown in Figure 8 - Confined Feeding Operations: 1. Category 1 - residences on land zoned for agricultural purposes (e.g., farmstead, acreage residences). 2. Category 2 - residences on land zones for non-agricultural purposes (e.g., country residential, rural commercial businesses). 3. Category 3 - residences on land zoned for high use recreational or commercial purposes, 4. Category 4 - residences on land zoned for large-scale country residential, rural hamlet, village, town or city. Telecommunications Tower and Utilities The continued demand for the location of telecommunications infrastructure and utility servicing has the potential to impact land use within municipalities; however, the municipalities recognize the jurisdiction of utility approvals is outside of their direct control. This Plan provides policies to guide municipalities responding to applications within the Plan Area. Residential Development The Plan Area contains few existing rural residential dwellings; however, little population growth is expected to occur within either municipal border in the future. Existing residential development is considered approved and may continue to exist. Future residential development in the County of Newell and Special Areas is encouraged to occur within established hamlets, urban municipalities, farms and first parcel out homes on agricultural lands. 81 PAGE 0 v 2 0 � \ EL \� I u 0 < CL a, Part 2 Plan Policies Part 2 Plan Policies Intermunicipal Land Use The policies in this EDP are intended to assisf decision -making by the County of Newell Council and Special Areas Board and their administrations regarding land use matters within the Plan Area. Policies were developed to sufficiently meet the future needs of both municipalities while protecting important agricultural, physical and social elements valued by both. General 2.1 The municipalities shall engage in effective dialogue to build partnerships and foster a collaborative relationship to promote regional interests and shared environmental, economic and social outcomes. 2.2 The municipalities will jointly consider land use and matters along municipal borders while maintaining jurisdiction on lands within their own boundaries. 2.3 The municipalities agree to jointly discuss ways to cooperate with provincial and federal agencies and utility providers to help facilitate the efficient delivery of infrastructure and services that are of a mutual benefit. 2.4 Where a municipal project including municipal infrastructure occurs within the Plan Area on either side of the infermunicipal boundary, the initiating municipality will refer notice of the project to the neighbouring municipality. 2.5 The County of Newell and Special Areas Board shall notify the other municipality of major municipal infrastructure or public works projects in the Plan Area (e.g., bridge construction or major road upgrades). Transportation 2.6 Should an application for subdivision or development Occur, which requires access from the bordering municipality, the application must be circulated and an agreement for access between municipalities established in writing prior to the issuance of the subdivision or development approval by fhe host municipality. 2.7 Where development occurs and Alberta Transportation has identified the need for traffic studies or improvement to a highway or its access, the developer carries the sole responsibility for fhe cost and implementation to the satisfaction of Alberta Transportation. 2_8 The municipalities should endeavor to maintain open dialogue with Alberta Transportation regarding the provincial highways in the Plan Area, including any changes to the highways that may have impacts on each of the municipalities. 101 PAGE Part 2 Plan Policies 2.9 Each municipality will attempt to minimize the impact of development on intermunicipal roads, and subject to intermunicipal referral and consultation shall keep roads open to facilitate intermunicipal traffic. 2.10 To provide reasonable access between the two municipalities the County of Newell and Special Areas Board will coordinate the planning and construction of intermunicipal transportation infrastructure including roads and bridges. 2.11 The municipalities may refer to the Intermunicipal Collaboration Framework regarding the construction, repair and maintenance of any municipal roads in the Plan Area. Natural Environment 2.12 Lands that have been identified to contain a historic resource value (HRV) may be required to conduct a historical resource impact assessment (HRIA), and the proponent should consult the Historical Resources Act and Alberta Culture and Tourism. 2.13 Both municipalities should consider the provincial Wetland Policy when making land use decisions with the goal of sustaining environment and economic benefits. 2.14 No development is permitted on unstable slopes along the Red Deer River without professional engineering reports and design to ensure the development will not cause erosion, safety issues or damage the bank of the river. Where development is proposed near the Red deer River, the affected municipality shall determine appropriate setbacks and mitigation measures, Environmentally Significant Areas 2.15 if an application for development (including recreational) is located within an environmentally significant area, a biophysical or wetland assessment may be required to comply with municipal and provincial policies. 2.16 All applications for development located within an environmentally significant area in the Plan Area shall be circulated to the other municipality for review and to provide comment. Native Grasslands on Public Lands 2.17 Future development of public lands in the Plan Area should avoid disturbing intact native grassland. Where avoidance is not possible, disturbance shall be minimized through the consideration of wildlife habitat use, vegetation and a review of cumulative effects of all surrounding development operations. 2.18 All applications for the conversion of intact native grassland areas on public lands shall be circulated to the other municipality for review and to provide comment. 111PAGE Part 2 Plan Policies Resource Extraction 2.19 The municipalities shall consider the effects of visual intrusion, dust, noise, traffic, and air and water pollution when evaluating applications for new or expanded of extractive activities, where they maintain jurisdiction. 2.20 Each municipality must be notified of any resource development subject to a subdivision or development permit including resource extraction and aggregate extraction proposal in the other municipality. 2.21 Where development proposal occurs that will result in access being required from a road under a municipality's control or management, the affected municipality must give its approval or decision in writing prior to the application being considered as complete by the other municipality. 2,22 The municipalities may refer to the Intermunicipal Collaboration Framework regarding the construction, repair and maintenance of any municipal roads which may be impacted by resource development, when the development requires access from the other municipality's road. 2.23 Resource extraction uses including aggregate operations may be considered an acceptable use in the Plan Area if the development is deemed to not have negative impacts on environmentally sensitive areas or historical resources and complies with federal and provincial regulations. All applications involving aggregate extraction will be referred to the neighbouring municipality for review and comment. Renewable Energy Development 2.24 The municipalities may consider renewable energy developments and other industrial development where compatible with existing land uses. 2.25 Either municipality shall refer any application for a renewable energy development within the Plan Area to the other municipality. Agriculture 2.26 The impact on agricultural uses should be a consideration when determining suitability of non-agricultural land uses in the Plan Area. 2.27 Both municipalities shall limit the fragmentation of good quality agricultural lands with residential development. 2.28 Both municipalities will strive to work cooperatively to encourage good neighbour farming practices, such as dust, weed and insect control, adjacent to developed areas through best management practices and Alberta Agriculture Guidelines. 2.29 If disputes or complaints in either municipality should arise between ratepayers and agricultural operators, the municipality receiving the complaint shall strive to 121PAGE Part 2 Plan Policies direct the affected parties to the appropriate agency, government department or municipality for consultation or resolution wherever necessary. Confined Feeding Operations 2.30 Existing CFOs will be permitted to continue operating within the requirements of the Agricultural Operation Practices Act and Regulations. 2.31 If either the County of Newell or Special Areas Board is in receipt of a notice of application from the Natural Resources Conservation Board (NRCB) for a new or expanded CFO, they will forward a copy of the notification to the other municipality. 2.32 Development adjacent to a CFO shall comply with NRCB setbacks. 2.33 The municipalities shall refer applications for new or expanded CFOs that impact the Plan Area. Telecommunications Towers and Utilities 2.34 Where there is an application for a new, expanded or retrofitted telecommunications tower within the Plan Area, each municipality will notify the other for comment.. 2.35 It is the preference of both municipalities that co -location of telecommunications facilities be undertaken where technically feasible. 2.36 The location of telecommunications towers in proximity of irrigated crop production should consider the potential impact to aerial application. 2.37 When providing comments to provincial and federal departments regarding utility development, the municipalities will request consideration be given to the establishment of utility corridors with multiple users. 131PAGE Part 3 Plan Administration and Implementation Part 3 Plan Administration and Implementation Intermunicipal Development Plan Committee This Plan is a living document that requires ongoing review to ensure its applicability. To ensure continued dialogue and communication between the County of Newell and Special Areas Board, an Intermunicipal Development Plan Committee (the Committee) will be established. The committee will strive for census with an approach that focuses on cooperation and conflict resolution. Policies 3.1 To administer and monitor the IDP, the County of Newell and Special Areas Board will establish the Committee. 3.2 Both Council and Board agree the Committee will act as an advisory body. Though the Committee does not have decision -making powers in either the County of Newell or Special Areas Board, it may provide comments or recommendations to each municipality with respect to planning matters that impact the Plan Area. 3.3 The Committee shall be comprised of two (2) members from both the County of Newell Council and the Special Areas Advisory Council. 3.4 Each municipality may appoint an alternate Committee member in the event a regular member cannot attend a scheduled meeting. Alternate Committee members shall have standing. 3.5 Quorum for Committee meetings shall consist of one (1) voting member from each Council as a minimum. 3.6 At least one member of each municipality's administrative staff shall attend each meeting in a non -voting advisory role. 3.7 Where quorum exists, and both Councils agree, the IDP Committee meeting may be held via video or phone conference. 3.8 Members of the Committee shall be appointed by each of their respective Council or Board. If a Council or Board wishes to appoint a new member to the Committee (including the alternate), they must do so by motion of Council/Board at a regular meeting_ 3.9 The municipalities shall notify one another upon appointing members and alternate members to the Committee. 3.10 Any matter deemed appropriate by both municipalities may be brought before the Committee by administrative staff of either municipality. 3.11 The main purpose of the Committee shall be to: 141 PAGE Part 3 Plan Administration and Implementation aj Provide a collaborative space for discussion of land use matters within the Plan Area; bj Discuss and address issues regarding the Plan; c) Make recommendation(s) for proposed amendments to the Plan; d) Make recommendation(s) on intermunicipal issues to their respective Councils: ej Review and provide comment on referrals for matters such as land use changes, subdivision and/or development proposals: and fj To engage in conflict resolution with regards to intermunicipal issues. 3.12 Either municipality may initiate a meeting. That municipality is charged with hosting the meeting and responsible for the preparation and distribution of agendas and meeting minutes. 3.13 A municipality shall not give less than five (5) working days' notice of the meeting being given to all members of the Committee and support personnel unless there is consent by the Committee members. 3.14 Where a matter has been referred to the Committee and cannot be resolved to the satisfaction of the Committee, the Committee shall initiate the conflict resolution process outlined in Figure 4 County of Newell and Special Areas Board Dispute Resolution Process. IntermuniCipal Referral This goal of this section is to provide a referral framework to establish the circumstances so that a municipality has the opportunity to provide comments or make recommendations on proposed statutory or non -statutory amendments or applications in the Plan Area. Municipalities are encouraged to respond to referrals regardless if there are no objections or comments to foster an environment of communication and transparency (see Figure 3- County of Newell and Special Areas Board Intermunicipal Referral Process). 3.15 All referrals shall be directed from Special Areas Board to the CAO of County of Newell, or a designate. 3.16 All referrals shall be directed from the County of Newell to the Special Areas Board Administrator. 3,17 Where an intermunicipal referral is required by the MGA or the policies contained in this Plan, both municipalities shall share information regarding mailing address and property ownership information to facilitate circulation to the adjacent municipality. 3.18 The following shall be referred to the other municipality prior to public hearing: 151PAGE Part 3 Plan Administration and Implementation a) New Municipal Development Plans (MDPs) or amendments to an existing plan by either municipality; b) Proposed statutory plans (other than a MDP) or amendment that impacts the Plan Area; c) Newly proposed Land Use Bylaw/Order; and d) All Land Use Bylaw/Order amendments that impact the Plan Area. 3.19 The following shall be referred to the other municipality prior to a decision being rendered: a) All subdivision applications for lands within the Plan Area; and b) All discretionary use applications that require Municipal Planning Commission/Council approval for lands within the Plan Area. 3.20 Any subdivision application within 1.6 km of the centreline of a provincial highway shall be referred to Alberta Transportation for comment. 3.21 Each municipality shall have ten (10) working days from receipt of a referral for subdivision application or discretionary use application to review and provide comment. 3.22 Each municipality shall have twenty (20) working days from receipt of a referral for a statutory plan to review and provide comment. 3.23 Each municipality shall have ten (10) working days from receipt of a referral on an appeal to review and provide comment. 3.24 Should a municipality not reply within, or request an extension, by the response times outlined in this section, it may be presumed that the responding municipality has no comment or objection to the planning matter or application. 3.25 Comments received by the responding municipality or Committee regarding a referral shall be considered by the other municipality prior to a decision being made. 16IPAGE Part 3 Plan Administration and Implementation Figure 3- County of Newell and Special Areas Board Intermunicipal Referral Process Eligible applications: • Statutory documents (new or amendments) - MDP.ASP.ARP,LU5 • Outline Plans, conceptual schemes, subdivWon applications • Discretionary use applications and appeals • Development accessing a road within the jurisdiction of the adjacent municipality road • Applications for the disposition of reserves, easements, utility lots Or road allowances Option 1: Receiving municipality provides comments within specified time frame Option 2: Receiving municipality requests an extension to referral time frames Option 3: Receiving municipality refers the application to the Iniermuncipal Development Plan Committee for review 17I PAGE Part 3 Plan Administration and Implementation Plan Validity and Amendment The municipalities recognize that this Plan may require amendments in order to accommodate future needs and ensure its applicability remains current, Meeting Provincial Regional Planning Requirements 3.26 The municipalities agree they will comply with the adopted regional plan strategies. Adoption of the Intermunicipal Development Plan 3.27 This Plan comes into effect on the date it is adopted by both the County of Newell and is approved by Ministerial Order, and remains in effect until: a) Either Council or the Minister rescinds the Plan by bylaw/Ministerial Order after giving six months' notice to the other municipality; or b) There is mutual agreement of both municipalities to rescind the bylaw/Ministeriol Order and a new IDP will replace it at the time of repeal. Amendments to the Intermunicipal Development Plan 3.28 Amendments shall be adopted using the procedures outlined in the MGA. 3.29 No amendment shall come into force until such time as both municipalities adopt the amending bylaw/Ministerial Order. 3.30 Administrative staff should review the policies of the Plan annually and discuss land use matters, issues, and concerns on an on -going basis. Based on this discussion administrative staff may make recommendations to their respective Council/Board for amendment to the Plan. 3.31 A formal review of the Plan shall occur within ten ( 10) years from the date the IDP is adopted by both municipalities. Dispute Resolution Municipalities are encouraged to avoid intermunicipal conflict by adhering t❑ this Plan and its referral policies in this Plan to encourage collaborative dialogue on planning matters that impact the Plan Area (see Figure 4 - County of Newell and Special Areas Board Dispute Resolution Process). 3.32 Generally, the municipalities agree that: a) The IDP shall be adhered to as adopted. Any permit of application that may affect the bordering municipality will be circulated to help avoid disputes; 18 1 P A C E Part 3 Plan Administration and Implementation b) Prior to the meeting of the Committee, each municipality will be transparent with facts and seek clarification of information circulated; and c) The Committee should utilize meetings to discuss the issue or dispute with the intent to seek a recommended solution by consensus. 3.33 Should a dispute arise regarding a technical or procedural matter including technical errors in the policies of this Plan, misinterpretation of this Plan or Plan policies, inadequate notification, or with regards to any other statutory plan affecting lands in the Plan Area, the following process shall be implemented to achieve consensus. a) The issue will be directed to the administrators of each municipality. Senior municipal administrators will review the matter and if both administrators are in agreement, take action to rectify the matter. b) Should either municipality identify an issue that may result in a dispute that cannot be administratively resolved, a Committee meeting will be scheduled. The Committee will review the issue and attempt to resolve the matter by consensus. c) If the Committee is unable to arrive at a consensus, the administration of each municipality will schedule a joint meeting of the Council and Board to discuss possible solutions and attempt to reach consensus on the issue. d) Should the Council and Board be unable to resolve the matter, a formal mediation process to facilitate resolution of the issue shall be initiated with costs shared by both municipalities. e) Should mediation prove unsuccessful in resolving the matter, an arbitrator may be selected to hear the dispute and render a decision. f) Filing a Dispute or Appeal under the Municipal Government Act g) To resolve a dispute with regards to the adoption of a statutory plan, Land Use Bylaw/Order or amendment to such, within thirty (30) days of adoption, the municipality initiating the dispute may, without prejudice, file an appeal to the Municipal Government Board under section 690(l) of the MGA so the provincial statutory right and timefrome to file an appeal is not lost. h) If a solution is reached between the municipalities prior to the Municipal Government Board meeting, the appeal may be withdrawn. 191 PAGE Part 3 Plan Administration and Implementation Figure 4 - County of Newell and Special Areas Board Dispute Resolution Process 201PAGE Appendix A Definitions Alberta Land Stewardship Act (ALSA): the Alberta Land Stewardship Act, Statues of Alberta 2009, Chapter A-26.8, as amended. Aggregate Extraction: the activities and processes use to extract aggregate materials including gravel, rock and sand. Board: the Special Areas Board. Confined Feeding Operation: an activity on land that is fenced or enclosed or within buildings where livestock is confined for the purpose of growing, sustaining, finishing or breeding by means other than grazing and requires registration or approval under the conditions set forth in the Agricultural Operation Practices Act (AOPA), as amended from time to time, but does not include seasonal feeding and bedding sites. Council: the Council of the County of Newell. Development: the activities listed in the Municipal Government Act in Part 17, section 616: a) an excavation or stockpile and the creation of either of them; bj a building or an addition to or replacement or repair of a building and the construction or placing of any of them on, in, over or under land; cj a change of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the use of the land or building: or d) a change in the intensity of the land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building. Discretionary Use: the use of land or a building in a land use district for which a development permit may be approved at the discretion of the Development Authority with or without conditions. Energy Industry or Development: an industry that uses some form of alternative energy either as the source of its operation or the result of its operation, such as, but not limited to, wind farms, solar farms, hydroelectric dams, among others. Extensive Agriculture: the general raising of crops and grazing of livestock in a non - intensive nature. Extractives or Extractive Industry: a land use governed by the location of a natural resource such as, but not limited to oil and gas, or logging which involves the extraction or on -site processing and/or storage of a natural resource. Historical Resource Value (HRV): the lands that contain or are believed to contain historic resources, including primarily archeological and paleontological sites, Aboriginal traditional use sites of a historic resource nature, and historic structures. Intact Native Grasslands: tracts of grassland plant communities that have not been substantially altered by land -use practices. These are native plant communities that exhibit their normal ecological processes and functions (plant species diversity, nutrient cycling, soil and site stability, capture and beneficial release of water and productivity).(SSRP, 2014-2024) Intensive Agriculture: if not defined in the respective municipalities' Land Use Bylaw, means any purposeful method used to raise crops or to raise and/or keep livestock, animals, poultry or their products for commercial purposes. May include, but is not limited to, such operations as horse riding stables, poultry farms, pastures, robbitries, fur farms, greenhouses, free farms, sod farms, apiaries, dairies, nurseries, and similar specialty uses conducted as the principal use of a building or site. Intermunicipal Border: the shared border between the County of Newell and Special Areas. Intermunicipal Development Plan (IDP): statutory document, adopted by bylaw in accordance with section 631 of the Municipal Government Act, which is used by municipalities as a long-range planning tool. Intermunicipal Development Plan Committee (the Committee): the members assigned by each respective Council for the purposes of administering and monitoring the Intermunicipal Development Plan. Municipalities (the municipalities): the municipalities of the County of Newell and Special Areas. Municipal Government Act (MGA): the Municipal Government Act, Revised Statues of Alberta 2000, Chapter M-26, as amended. Municipal Development Plan (MDP): a statutory plan, adopted by bylaw in accordance with section 632 of the Municipal Government Act and used by municipalities as a long- range planning tool. Municipal Projects: include such undertakings as the construction of municipal buildings (i.e., fire stations or rec centres), infrastructure (i.e., water, sewage, waste power and telecommunications), as well as the preparation of lands for such uses. Permitted Use: the use of land or a building in a land use district for which a Development Authority shall issue a development permit with or without conditions providing all other provisions of the bylaw are conformed with. Plan: the County of Newell and Special Areas Board Intermunicipol Development Plan. Pion Area: the lands defined in this document to which the policies of this document pertain. Riparian Area: means an area of land characterized by vegetation growing on or near the banks of a stream or other watercourse that is dependent on water from the stream or other watercourse and where sufficient soil moisture supports the growth of moisture - loving vegetation. Renewable Resource/Energy: a natural resource or form of energy that can replenish on its own with time. Soil Classifications: the classification of soils in accordance with the Canadian Land Inventory on the basis of soil survey information. Stakeholder: a person with an interest or concern in matters pertaining to this Plan. Statutory Plan: as per Part ] 7 of the Municipal Government Act, means intermunicipal development plans, municipal development plans, area structure plans, or area redevelopment plans adopted by a municipality under Division 4 of the Municipal Government Act. Study Area: the area identifled by both municipalities in this Plan that identifies areas of importance and concern. Subdivision and Development Authority: the County of Newell Subdivision and Development Authority and/or Special Areas Board Subdivision and Development Authority, respectively. Working Day: Monday to Friday, excluding general holidays, as outlined in the government of Alberta's employment standard. Appendix B Background Maps MA kl� I a S4, 0 a i