The following objectives and policies address the lakeshore residential concerns and issues.
3.1 LAKESHORE RESIDENTIAL OBJECTIVES
A. To ensure that lakeshore development occurs in a manner, and at locations which are compatible with each other and with surrounding land uses.
B. To minimize land use and access conflicts and prevent incompatible land use of shoreland.
C. To promote safety for all lake users.
D. To maintain, protect and where possible, enhance water quality and Source Water protection.
E. To protect the amenities and environmental quality of the municipality’s lakes and shoreland.
F. To encourage cooperative planning between Council, other jurisdictions and the public.
G. To promote cooperation with provincial, federal and other municipal jurisdictions in the administration of municipal land use policies.
3.2 LAKESHORE RESIDENTIAL POLICIES
A. Intergovernmental and Public Cooperation - Council, in conjunction with other municipal provincial and federal jurisdictions and the public will encourage and support cooperative planning to secure the sustainable use of the lakes in the RM and their respective shorelands.
Within the municipality, (aside from Dedicated Land in lakeshore subdivisions), the shorelands are primarily privately owned. There are a number of provincial and federal agencies with interests in the municipality. Good land stewardship (both private and public) would be encouraged by cooperative planning between all parties. The preservation of the water quality in all lakes is also important to everyone.
The foregoing Policies will also be considered in relation to SPI Nos. 6.5 (Inter-municipal Cooperation), 6.7 (Public Safety) and 6.12 (Shore Lands and Water Bodies).
B. Recreation and Residential Policies - Council will cooperate with other municipalities, the Saskatchewan Watershed Authority and other Provincial or Federal Ministries in developing such new Policies etc., if such cooperation also benefits RM residents.
Council will consider lakeshore recreational and residential development at lakes when the proposed development is likely to be feasible in terms of resource protection, environmental protection concerns, fishery concerns, timing, existing levels of recreational and residential development, minimizing the costs to the municipality and any other conditions Council feels are warranted.
B.1 In evaluating any further lakeshore recreational and residential development proposals, Council will give consideration to the following:
* the effects on environmental quality;
* protection and management of environmentally sensitive and heritage sensitive areas;
* the positive and negative effects to the area’s economy;
* that land use and access conflict and incompatible uses are minimized;
* the effect(s) on the viability of existing development(s) in the area;
* for proposed residential developments, the effect on the existing inventory of unsold or undeveloped lots in the area;
* the provision of alternate recreational facilities and activities;
* water safety conflicts, including protection of the lakes as sources of potable water;
* an evaluation of development proposals in terms of the financial effects of premature development on the municipality;
* the benefit to the RM of using Contract Zoning (as authorized in the Guidelines contained in Section 10.6) to allow new lakeshore recreational and residential development proposals; and
* any other relevant and significant criteria as may be identified by Council by means of amending this Plan.
B.2 Council will not permit further subdivision of any of the original lakeshore development lots, except, at Council’s discretion, for minor lot line adjustments.
B.3 To assess whether any proposed new residential lots may be premature for consideration, Council shall also consider if the inventory of existing unsold and/or undeveloped residential lots in the area is considered to be excessive at that point in time.
B.4 Where required, Council will establish lake-specific and municipal lakeshore development policies to assist in safeguarding environmental quality and the recreational resource, and prevent or minimize land use conflicts between natural resources and other land uses. Until such detailed Policies are developed and added to this Plan by amendment, Council shall refer to Section 10.2 F of this Plan in making decisions on requests for rezoning.
B.5 All un-subdivided lands which surround lakes will be zoned as an Agricultural District and where appropriate, as an Environmentally Sensitive Overlay, which to reflect current uses and limitations.
C. Implementation: Lakeshore development objectives and policies may be achieved by means of using:
the Zoning Bylaw and zoning districts such as the Lakeshore Development District (LD), Environmentally Sensitive Overlay (ES) and the Agricultural District (A) as indicated on the Zoning Map;
conditions of subdivision approval and the issuance of development permits and building permits with appropriate conditions to ensure safe and suitable development;
policies for land considered unsuitable for development; and
any other policies or programs such as shoreline protection policies and safe building elevations for lakeshore developments as determined by Council to be necessary and not in conflict with the provisions of this Plan.
The foregoing Policies will also be considered in relation to SPI Nos. 6.2 (Biodiversity and Natural Ecosystems), 6.9 (Recreation and Tourism), 6.10 (Residential Development) and 6.13 (Source Water Protection).
3.3 SHORELAND USE AND ACCESS POLICIES
A. There may be unauthorized, privately-owned developments (as defined in the Act) which exist on Dedicated Lands (Municipal, Public or Environmental Reserves and Buffer Strips, all of which are Municipally-owned land created as part of a surrounding subdivision) and Crown Land on lakeshore areas in the RM. Any such developments shall be dealt with as further outlined in this Section. Council, in conjunction with other jurisdictions and private land owners shall encourage the provision of shoreline buffer strips to separate land uses, provide lake access and to avoid the creation of a continuous ribbon of recreational development.
B. Unauthorised Development of Dedicated Lands and Environmental Damage Policies
B.1 Council is concerned that unauthorised development of Dedicated Lands may lead to environmental damage, and create a liability, health hazard or environmental hazard to the owner or lessee of the development and the RM. In conjunction with other jurisdictions and private land owners, Council will encourage the resolution of these existing situations on Dedicated Lands.
All land below the “bank” as shown on a Registered Plan on the Lakeshore is Crown Land and is legally considered part of the Lakebed. Such land may also be outside the Corporate limits of the RM and if so, is a either a Provincial responsibility or is part of an adjoining urban or rural municipality. If a private development is now on, or proposed for any Dedicated Land in the RM, Council may use the provisions of the Act (e.g. Section 194) to handle existing minor development & future proposals.
In some cases, if the land in question is not prone to flooding/slumping, continued occupancy of an existing, legal, non-conforming use (see the definition of this in the Act), Council may allow that use to remain only for the structural life of the building. Another alternative for the Council as owner of the Dedicated Land, is to order the removal of that use. In either case, Council must consider whether such occupancy would hinder the use of that Dedicated Land for public purposes.
B.2 To prevent environmental damage to the shoreline, Council will require a permit application to be submitted by an applicant for any proposed development on Dedicated Land.
C. Implementation: Shoreline use and access objectives and policy may be achieved through the use of the zoning bylaw, subdivision control procedures, issuance of development permits, and through any shoreline protection policy which may be adopted by Council.
The foregoing Policies will also be considered in relation to SPI Nos. 6.2 (Biodiversity and Natural Ecosystems), 6.7 (Public Safety) and 6.12 (Shore Lands and Water Bodies).