Implementation Policies, Requirements, Plan Maps

10.0 IMPLEMENTATION POLICIES AND REQUIREMENTS

The following Policies outline the actions (which are either required by the Act or have been selected by Council) for use in implementing this OCP. Other actions which are available to Council pursuant to other Provincial Legislation also may be used to assist in the administration of this Plan.

10.1 STATEMENTS OF PROVINCIAL INTERESTS

A. This Plan shall be administered and implemented in conformity with applicable Statements of Provincial Interest (see Appendix 2), statutes and regulations and in cooperation with provincial agencies.

B. Wherever feasible and in the municipal interest, Council will avoid duplication of regulation of activity and development governed by provincial Regulations or controls.

10.2 ZONING BYLAW AND ASSOCIATED POLICIES

A. Pursuant to the Act, Council shall prepare and adopt a new Zoning Bylaw in conjunction with this Plan, for the entire Rural Municipality.

B. The Zoning Bylaw shall implement the objectives, and policies of this Official Community Plan as outlined in The Act.

C. The Zoning Bylaw as deemed appropriate by Council, shall provide for Zoning Districts, permitted and discretionary uses, and general and/or specific development standards to carry out the intent of this Bylaw.

D. The zoning of land, where deemed appropriate by Council to avoid land use conflict, shall reflect its existing current use and the premature zoning of land for development shall be discouraged.

E. Rezoning of land shall only be considered by Council when specific development proposals, subdivision applications and servicing agreements, where required, have been presented to and reviewed by Council.

F. Procedural Requirements for Plan Amendments, Rezoning and Discretionary Use Applications Council shall require a report from RM staff to accompany each requested Plan Amendment, Rezoning or Discretionary Use application and shall by resolution approve the application if, in Council’s opinion, the following questions were satisfactorily answered. The questions must be dealt with in the sequence in which they are listed. Council shall not proceed to consider a subsequent question until the current one has been satisfactorily answered.

The questions are:

i From the facts presented, will the proposed plan amendment, rezoning or use be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity or will it be injurious to property, improvements or potential development in the vicinity?
ii Does the proposal comply with the Statements of Provincial Interest?
iii Do the Objectives and Policies of this Official Community Plan and the Regulations of the Zoning Bylaw allow a change in the use of the land?
iv Is the proposed use suitable for the land?
v Will the surrounding agricultural activities be negatively affected by the proposal?
vi Is there another site which is more suitable for the use?
vii Are the proposed details (environmental protection, building location, parking etc)., satisfactory?
viii Should any conditions be negotiated with the applicant for the plan amendment or rezoning or attached to the discretionary use permit to improve the development and decrease or eliminate any negative impact on nearby uses?

G. Use of the Holding Symbol "h"

a) Subject to Section 71 of the Act and the following Policy, Council may use the Holding Symbol "h", in conjunction with any other use designation in the Zoning Bylaw, to specify the use to which lands shall be put at some time in the future, but which are now considered premature or inappropriate for immediate development.

b) Council shall specify the use to which lands or buildings may be put at any time that the holding symbol is removed by amendment to the Zoning Bylaw. Such circumstances may require the identification and further consideration of social, environmental or economic issues and opportunities prior to permitting the proposed use and development of the specified lands.

c) In making a decision as to whether or not to remove the Holding Symbol "h" by amendment to the Zoning Bylaw and thereby permit the subdivision and development of the land as specified in the Zoning Bylaw, Council shall also consider the suitability of the land for such use and development having regard to:

i) the capacity of existing municipal services or the economic provision of new services which will be required by the use and development;
ii) the effects of such use and development upon the road system;
iii) the need to minimize or remediate environmental impacts or conditions in relation to air, water, soil or noise pollution;
iv) the need to protect any significant natural or historical feature on or adjacent to the land; and
v) any other matter that Council deems necessary.

d) Holding provisions may be applicable to all land use categories in the Plan, and may be applied to any zoning district and also to a specific site within a zoning district.

e) Existing uses (as of the date on which this Bylaw comes into force) shall be permitted subject to the relevant sections of the Act which deal with legal nonconformity.

10.3 INFORMATION REQUIREMENT POLICY FOR DEVELOPERS

A. Council may require the Developer to provide the municipality with the necessary information to properly assess the following applications:

a) Official Community Plan amendments,
b) Zoning Bylaw amendments,
c) subdivision approval, or
d) discretionary use applications.

B. The Developer must address the following items in his/her application:
a) conformity with the policies of the Plan and the Zoning Bylaw;
b) conformity with the applicable provincial Statements of Provincial Interests.
c) conformity with federal or other regulatory jurisdictions including but not limited to Agriculture Canada, Environment Canada, Fisheries and Oceans;
d) site suitability in terms of hazards such as flooding, erosion, slope instability or poor drainage with a geotechnical, hydrology or other report from a qualified engineer;
e) site suitability in terms of topography, critical wildlife habitat, or other environmental factors;
f) site suitability in terms of heritage resource sensitivity;
g) site suitability in terms of the expected impact on existing agricultural land and activities within 800 metres of the boundaries of the site proposed for development, and whether that site or any of the nearby agricultural land is rated as Class 1, 2, 3 lands or combinations thereof as noted in Section 6.2 of this Plan.
h) the effects on lake use and on the fishery resource of the proposed development;
i) cost-benefit analysis of the proposal to the Rural Municipality;
j) an outline of appropriate levels of servicing and terms of the servicing agreement; and
k) other information as may be required by Council.

C. Procedure for Plan Amendments, Rezoning Requests, Discretionary Use Applications

In addition to the authority of the RM Council as specified in this OCP, the provisions of this Section will apply to all applications for proposed Subdivisions, Discretionary use developments, and OCP or Rezoning Amendments. The RM Council shall review all such applications using the following procedures.

The review process shall be further outlined in the Zoning Bylaw and may include, but not be limited to, the required submission of specific professional studies (e.g. hydrology, geotechnical, heritage resource impact assessment, etc.) by an applicant for a subdivision, discretionary use development or OCP/rezoning amendment.

The studies will also be used to determine if specific areas included in or affected by the application may be subject to the Constraints and the Policies of this Plan and any relevant SPI s. If the applicant does not agree to provide the studies which are required by Council in order to make an informed decision on the principle of development, Council may refuse to proceed with the application until such studies are submitted.

Council may also determine that amendments may be necessary to ensure that the maps will more precisely identify the extent to which the Constraints, and possible future land uses on the maps may affect (or be affected by) a proposed subdivision, discretionary use development or OCP/rezoning amendment request. The RM Council may choose to approve, approve with conditions or deny any such request.

10.4 LAND SERVICING POLICIES

A. Unless Council makes other arrangements as outlined in Subsection G below, Council shall require all applicants for subdivision of land to sign a servicing agreement with the RM as outlined by section 143 of The Act, prior to approval being granted by the Director of Community Planning.

B. Subject to Section 5.2, the servicing agreement will require that the proponent will construct all works and improvements required by the municipality including, but not limited to:

a) roads, streets and lanes;
b) drainage ditches and culverts;
c) the provision of water and sanitary sewer as required;
d) utilities;
e) street lighting;
f) landscaping of public reserve areas, parks and/or boulevards; and
g) other improvements within or adjoining the proposed subdivision, as stipulated by the municipality.

Council may also require the posting of a performance bond to guarantee adherence to the provisions of the servicing agreement.

C. Council may require that the servicing agreement stipulate the payment of developer fees for the cost of constructing, expanding, upgrading or improving public works on or off-site improvements that directly or indirectly service the proposed subdivision. Such off-site improvements may include drainage, public roads or highways, parks, recreational facilities and other improvements pursuant to the Act.

D. Council may establish the standards to which Public Improvements will be designed and constructed. Such Public Improvements will be designed by a professional engineer licensed to practice in Saskatchewan, where appropriate.

E. All new residential, commercial, industrial or intensive agricultural development shall be required to have access to a developed road. Applicants for such developments may be required by Council to pay for all or part of the required road improvements as part of the necessary Development Permit.

F. Council may use Section 22 of The Municipalities Act to ensure that the owners of any trucks used in the servicing of a new Subdivision or development within the Subdivision shall pay for the cost of road repair caused by their usage of an R.M. road.

G. As outlined in this Section, both a servicing agreement with an applicant for new subdivision and a development agreement with an applicant for a new use on land where no subdivision is required, must include a clause stating that the applicant is responsible for the cost of all municipal services to the proposed subdivision or development as the case may be. Where such new subdivision or development will be of significant social, economic and environmental value to the RM, Council may use their discretion to either negotiate with the applicant to cost-share the required services, or if the required payment is unnecessary in their opinion, Council may choose to exempt the applicant from the requirement.

The foregoing Policies will also be considered in relation to SPI Nos. 6.8 (public Works) and 6.14 (Transportation)

10.5 POLICIES FOR DEVELOPMENT ON OR NEAR ENVIRONMENTALLY SENSITIVE LANDS

A. Where a proposed development of a new use and any required access driveway is located within an Environmentally Sensitive (ES) Overlay District shown on the Zoning District Map, or within 150 metres of the boundary of an ES District, Council may require the applicant to submit sufficient topographic or other information. This will be used to determine if the development will be:

• within 457 metres of any municipal waste disposal site shown on the Zoning Map;
• within 300 metres of any municipal sewage lagoon shown on the Zoning Map;
• within 300 metres of the Earthen Manure Storage (EMS) lagoons or runoff retention ponds shown on the Zoning Map for an existing ILO shown on the Zoning Map;
• within 60 metres of any slopes that may be unstable;
• within 60 metres of land that has a high water table;
• within 60 metres of land that adjoins a permanent waterbody which is shown on the original Township survey within 60 metres of the flood plain of any river or stream or other land that may be subject to flooding; and
• within 0.8 km of the working or unclaimed face of a gravel pit shown on the Zoning Map.

The foregoing Policies will also be considered in relation to SPI Nos. 6.7 (Public Safety), 6.8 (Public Works) and 6.11 (Sand and Gravel).

B. Council may prohibit development, where Council is of the opinion that land is unsuitable for development because:

i) it is subject to unstable soil conditions due to high water tables, wetland soils or poor drainage conditions;
ii) of hazards associated with fluctuating water levels and the associated processes of flooding and erosion or any other instability; or
iii) the land is below the 1:500 flood event elevation and/or the safe building elevation.

The foregoing Policies will also be considered in relation to SPI No. 6.7 (Public Safety).

C. Where the cost of providing an all-weather road would, in the opinion of Council, be prohibitively expensive or difficult to maintain due to poor natural drainage, steep slopes or other features, Council may prohibit such development.

The foregoing Policies will also be considered in relation to SPI No. 6.14 (Transportation).

D. Where Council is of the opinion that any of the foregoing conditions may exist on a particular lot, Council may request the proponent of the rezoning, subdivision or development to pay for a site inspection by a professional consultant acceptable to Council. An approval for any of the foregoing requests by a proponent may NOT be issued unless a favourable site report from that consultant (including recommendations to successfully deal with environmental problems on the site in question) is presented to Council.

10.6 CONTRACT ZONING GUIDELINES

A. Objectives: The objectives of a Contract Zoning policy will be to use this planning tool (as described in Section 69 of the Act), on a case-by case basis to deal more effectively with the development of individual lots, blocks or other small areas with servicing, Lot or access limitations, unique features or opportunities which could not be accommodated by the current Zoning Bylaw. Subject to the following guidelines, the Council may rezone an area to a Contract Zone pursuant to the Act in order to allow a specific development which would benefit the District but which is not currently compatible with the current zoning uses or regulations affecting the subject area.

B. Contract Zoning Guidelines

(a) Council shall consider the nature and intensity of the surrounding uses to avoid or minimize land use conflict when investigating a rezoning proposal for a new Contract Zoning area.
(b) Prior to approving a rezoning for a new Contract Zone, Council shall consider whether any environmental, servicing, or public safety problems would result due to the intended uses anticipated in the Contract.
(c) Council shall also ensure that the land use in a proposed Contract Zone benefits the District and is consistent with the other policies of the Official Community Plan.
(d) Council shall outline criteria for the creation of all new Contract Zones in the General Purpose of the Contract Zone in the Zoning Bylaw. These criteria will be based on, but not limited to consideration of the unique physical nature of the land which may be included in the Contract Zone, the possibility of developing a mix of compatible land uses in the area, and the potential for introducing new types or forms of development which may not be possible under the current Zoning Bylaw.
(e) Council may request that a Contract Zoning agreement as outlined under section 69 of The Act be entered into between the developer and the RM for the following items:
i) adequate buffer planting and screening where judged necessary by Council;
ii) an established trucking route and provision for continued maintenance of the municipal roads;
iii) water supply and waste disposal, whether on-site or off-site and adherence to all regulatory requirements, policies and guidelines established by the Ministry of Environment, Saskatchewan Health, Saskatchewan Watershed Authority and other appropriate agencies which may be contacted at Councils’ discretion;
iv) the posting of a suitable bond or letter of credit to ensure the fulfillment of the development agreement; and
v) any other matter(s) Council may require to be addressed.

10.7 PROCEDURES FOR MINOR VARIANCES

The Zoning Bylaw which will be adopted concurrent with this Plan will contain provisions for a system of Minor Variances to be authorized in conformity with Section 60 of the Act.

10.8 PLAN MAPS AND APPENDICES

The following Maps and Appendix form part of this Official Community Plan, and shall be implemented by Council as outlined below.

A. Maps showing ManMade and Natural Constraints

The maps entitled “Manmade Constraints “ and “Natural Constraints” outline major land uses or areas which may pose development problems. These maps form part of this Plan and shall be used to identify potential land use conflicts when Council considers all requests for OCP or rezoning amendments or discretionary use applications.

B. APPENDICES

Appendix 1 consists of the attached copy of Canada Land Inventory Map for Agriculture, edited to show only the area included in RM 400. This map was first published in 1966 by the Queen’s Printer, Ottawa. This will be used by Council as outlined in Section 6.2 of this Plan to determine if a specific area is higher quality agricultural lands (defined as Class 1, 2, 3 lands or combinations thereof).

Appendix 2 consists of the complete list of all fourteen titles of the Statements of Provincial Interests. This list will be used by Council as a cross-reference to all Policies outlined in Sections 3 to 10 inclusive of this Plan to determine if a specific Statement of Provincial Interest is applicable.