Attachment ‘A’ IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 1|Page TABLE OF CONTENTS PART I ADMINISTRATION SECTION 1 TITLE SECTION 2 PURPOSE SECTION 3 EFFECT AND APPLICATION OF THIS ORDER SECTION 4 COMPLIANCE WITH OTHER LEGISLATION SECTION 5 UNITS OF MEASUREMENT SECTION 6 SEVERABILITY PAGE ………….……………………………………..….4 ………….……………………………………..….4 ………….……………………………………..….4 ………….……………………………………..….4 ………….……………………………………..….4 ………….……………………………………..….5 PART II INTERPRETATION SECTION 7 RULES OF INTERPRETATION SECTION 8 LAND USE DISTRICT BOUNDARIES SECTION 9 DEFINITIONS ………….……………………………………..….6 ..…….……………………………………..….7 …….……………………………………..….8-12 PART III AUTHORITIES SECTION 10 DEVELOPMENT AUTHORITY SECTION 11 DEVELOPMENT OFFICER SECTION 12 SUBDIVISION AUTHORITY SECTION 13 SUBDIVISION AND DEVELOPMENT APPEAL BOARD ………….……………………………………..….13 ………….……………………………………..….13 ……….………………………………………..….14 …………….…………………………………..….14 PART IV PROCEDURES SECTION 14 CONTROL OF DEVELOPMENT SECTION 15 DEVELOPMENT NOT REQUIRING A PERMIT SECTION 16 NON-CONFORMING BUILDINGS AND USES SECTION 17 APPLICATION FOR DEVELOPMENT PERMIT SECTION 18 REFERRAL OF DEVELOPMENT PERMIT APPLICATIONS SECTION 19 DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS SECTION 20 DEVELOPMENT PERMIT CONDITIONS SECTION 21 NOTIFICATION OF DEVELOPMENT PERMITS SECTION 22 DEVELOPMENT PERMIT APPEAL PROCESS SECTION 23 VALIDITY OF DEVELOPMENT PERMITS SECTION 24 DEVELOPMENT PERMIT STANDSTILL PROVISION SECTION 25 POWERS OF VARIANCE SECTION 26 APPLICATION FOR SUBDIVISION ………….……………………………………..….15 ………….……………………………………..….15 ………….………………………………..….15-16 ………….……………………………….….16-18 ………….……………………………………..….18 ………….………………………………..….18-19 ………….……………………………………..….19 ………….……………………………………..….20 ………….…………………………..………..….22 ………….………………………………..….22-23 ………….…………………………………….….23 ………….………………………………..….23-24 ………….……………………………………..….24 PART V AMENDMENT SECTION 27 PURPOSE SECTION 28 APPLICATION TO AMEND THE LAND USE ORDER SECTION 29 REVIEW PROCESS SECTION 30 NOTIFICATION OF PUBLIC HEARING SECTION 31 LAND USE ORDER AMENDMENT STANDSTILL PROVISION ………….……………………………………..….25 ………….………………..………………….25-26 ………….……………………………………..….26 ………….………………..…………………..….27 ………….……………………………………..….27 IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 2|Page TABLE OF CONTENTS, CONTINUED PART VI ENFORCEMENT SECTION 32 GENERAL REGULATIONS SECTION 33 RIGHT OF ENTRY SECTION 34 WARNING NOTICE SECTION 35 STOP ORDERS SECTION 36 APPEAL OF STOP ORDERS ………….……………………………………..….28 ………….……………………………………..….28 ………….……………………………………..….28 ………….……………………………………..….29 ………….……………………………………..….29 PART VII GENERAL REGULATIONS SECTION 37 GENERAL PROVISIONS SECTION 38 DEVELOPMENT IN THE VICINITY OF HIGHWAYS SECTION 39 DEVELOPMENT NEAR WATER BODIES AND SLOPES SECTION 40 FIRE PROTECTION SECTION 41 GARBAGE COLLECTION AND OUTSIDE STORAGE SECTION 42 HISTORICAL AND ARCHAELOGICAL SITES SECTION 43 LIGHTING SECTION 44 UNSIGHTLY PROPERTIES SECTION 45 PROTECTION FROM EXPOSURE HAZARDS SECTION 46 SITE CONDITIONS SECTION 47 STRIPPING, EXCAVATION, AND GRADING SECTION 48 TEMPORARY DEVELOPMENT ………….……………………………………..….30 ………….……………………………………..….30 ………….………………………..……..….30-31 ………….……………………………………..….31 ………….……………………………………..….31 ………….……………………………………..….31 ………….……………………………………..….31 ………….……………………………………..….31 ………….………………………………..….31-32 ………….……………………………………..….32 ………….………………………………..….32-33 ………….……………………………………..….34 VIII SPECIAL LAND USE PROVISIONS SECTION 49 NATURAL RESOURCE EXTRACTION/PROCESSING FACILITY SECTION 50 OIL SANDS MINING, EXTRACTION AND UPGRADING SECTION 51 WORK CAMPS ………….……………………………………..….35 ………….……………………………………..….36 ………….……………………………………..….36 PART IX LAND USE DISTRICTS SECTION 52 ESTABLISHMENT OF DISTRICTS SECTION 53 ESTABLISHMENT OF LAND USE DISTRICT REGULATIONS SECTION 54 AIR WEAPONS RANGE DISTRICT (AWR) SECTION 55 NATURAL OPEN SPACE DISTRICT (NOS) ………….……………………………………..….37 ………….……………………………………..….37 ………….……………………………………..….38 ………….……………………………………..….39 LIST OF FIGURES ID 349 LAND USE MAP ………….……………………………………..….40 IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 3|Page PART I ADMINISTRATION SECTION 1 TITLE (1) This Land Use Order is entitled “Improvement District No. 349 Land Use Order No. 01-2013”. SECTION 2 PURPOSE (1) The purpose of this Order is to regulate and control the use and development of land and buildings within ID No. 349 to achieve the orderly and economic development of land, and: (a) to divide the ID into Land Use Districts; (b) to prescribe and regulate for each District the purposes for which land and buildings may be used; (c) to establish supplementary regulations governing specific land uses; (d) to establish a process of issuing decisions on Development Permit applications; (e) to establish a process for appeal of Development Permit decisions; and (f) to establish a process for making amendments to this Order; (g) To establish a Development Authority; (h) To establish a Subdivision Authority; and (i) To establish a Subdivision and Development Appeal Board. SECTION 3 EFFECT AND APPLICATION OF THIS ORDER (1) This Order comes into effect on the date the Order is signed. SECTION 4 COMPLIANCE WITH OTHER LEGISLATION (1) Compliance with this Order does not exempt any person undertaking a development from complying with all applicable municipal, provincial, and federal laws, and respecting any easements, covenants, agreements, and other agreements affecting the land or development. SECTION 5 UNITS OF MEASUREMENT (1) The standard measurement used in this Order is metric and any reference to imperial measurement is for convenience purposes only. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 4|Page SECTION 6 SEVERABILITY (1) If one or more provisions of this Order are for any reason held to be invalid by a court of competent jurisdiction, all remaining provisions continue to remain in full force and effect. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 5|Page PART II INTERPRETATION SECTION 7 RULES OF INTERPRETATION (1) Where reference is made to other legislation or documents, the reference is to the legislation or documents as amended. (2) The words “shall”, “must”, and “is” require mandatory compliance except in cases where a variance has been granted pursuant to this Order, as amended. (3) Where a regulation under this Order connects two or more conditions, provisions or events with the word “and” all connected conditions, provisions and events must be satisfied. (4) Where a regulation under this Order connects two or more conditions, provisions or events with the word “or” only one of the connected conditions, provisions or events must be satisfied. (5) Words, phrases, and terms that are not defined in this Order shall be given the definition provided in the Municipal Government Act. Words, phrases and terms not so defined shall be given their ordinary and customary meaning. (6) In this Order, words in the present tense include the other tenses and derivative forms. (7) In this Order, words in the singular include the plural and vice versa. (8) In this Order, words signifying the masculine gender include the feminine and neuter genders and words signifying the feminine gender include the masculine and neuter genders, and words signifying the neuter gender include the masculine and feminine genders as the context requires. (9) Words in this Order have the same meaning whether they are capitalized or not. (10) Individual Uses are grouped into definitions with common functional or physical effects or characteristics. These Uses define the range of Uses that are Permitted, Discretionary, or prohibited, with or without conditions, within the various Land Use Districts of this Order. (11) In this Order, examples listed in a land use definition are not intended to be exclusive or restrictive. (12) All Schedules attached hereto are deemed to be part of this Order. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 6|Page SECTION 8 LAND USE DISTRICT BOUNDARIES (1) Where a Land Use District boundary is shown on the Land Use District Map as approximately following a property line, it follows the property line. (2) Where a Land Use District boundary is shown on the Land Use District Map as the Improvement District No. 349 municipal boundary, it follows the Improvement District No. 349 municipal boundary. (3) Where a Land Use District boundary is shown on the Land Use District Map as approximately following a road, lane, railway, pipeline, power line, utility right of way, or easement, it follows the centre line, unless otherwise clearly indicated on the Land Use District Map. (4) Where a Land Use District boundary is shown on the Land Use District Map as approximately following the edge, shoreline, or high water mark of a river, lake, or other water body, or a topographic contour line or a top of bank line, it follows that line. In the event of a natural change to these features, it moves with the edge of the relevant line. (5) In circumstances not defined above, the Land Use District boundary shall be determined by a Development Officer measuring the boundary from some known location on the Land Use District Map. (6) Where the application of the above methods does not determine the exact location of the boundary of a Land Use District, the Minister, either on his own initiative or upon written application being made to the Subdivision and Development Authority by any person requesting the determination of the exact location of the boundary shall fix the portion of the Land Use District boundary in doubt or dispute in a manner consistent with the provisions of this Order. (7) After the Minister has fixed a Land Use District boundary pursuant to the provisions of subsection (6) above, the portion of the boundary so fixed shall not be thereafter altered except by an amendment to this Order. (8) The Chief Administrative Officer shall maintain a list of the Minister’s decisions with respect to boundaries or portions thereof fixed by Minister. (9) When any road or lane is closed, it has the same Districting as the abutting land. When different Land Use Districts govern abutting lands, the centre of the road or lane is the Land Use District boundary unless the Land Use District boundary is shown clearly following the edge of the road or lane. If the road or lane is consolidated with an adjoining lot that lot’s Land Use District designation applies to affected portions of the closed road or lane. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 7|Page SECTION 9 DEFINITIONS The following words, terms and phrases shall have the meaning assigned to them as follows: ACCESSORY BUILDING OR USE means a building or use which is subordinate to, exclusively devoted to, and located on the same site as the principal building or use. Where a structure is attached to a principal building on a site by a roof, an open or enclosed structure, a floor or foundation, or any structure below grade allowing access between the building and the structure, it is considered part of the principal building. ACT means the Municipal Government Act, Chapter M-26, RSA 2000 and any amendments thereto. ADJACENT refers to those lands that are next to the parcel of land that is subject to a Development Permit and includes lands that would be next to the subject parcel if not for a river, stream, railway, road, highway, utility right-of-way, or reserve land. BORROW PIT/AREA means an excavation dug to provide earth material (borrow) for fill at another site. BUILDING includes anything constructed or placed on, in, over, or under land including supporting structures of any type, but does not include a highway or public roadway or a bridge forming part of a highway or public roadway. DEVELOPMENT means: (a) an excavation or stockpile and the creation of either of them; (b) a building or an addition to or replacement or repair of a building and the construction or placing of any of them in, on, over, or under land; (c )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; (d) a change in intensity of use of 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; or the demolition of a building. DEVELOPMENT AUTHORITY means the Development Authority established under Section 10 of this Order pursuant to Section 624 of the Act. DEVELOPMENT OFFICER means the person(s) designated by the Minister to serve as Development Officer for Improvement District No. 349. DEVELOPMENT PERMIT means a document authorizing the commencement of a development in accordance with the provisions of this Order. DISPOSITION means a disposition as defined in the Public Lands Act and includes a formal disposition under the Public Lands Administration Regulation. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 8|Page DISPOSITION HOLDER means the holder of a disposition according to records of the Department responsible for the issuance of the disposition. FLOOR AREA means the total floor area of the building or structure, contained within the outside surface of the exterior walls, provided that in the case of a wall containing windows, the glazing line of windows may be used. FLOOD PLAIN means the area of land adjacent to a water body that is potentially at risk of flooding from time to time. FUEL DEPOT means lands, buildings, and structures for the bulk storage and distribution of petroleum products. GEOTECHNICAL REPORT means a document signed and stamped by a professional engineer certified in the province of Alberta that characterizes site soil and groundwater conditions through field investigation and laboratory testing, and provides design and construction recommendations for a proposed development. GRADING means to level or smooth to a desired horizontal gradient. ID means Improvement District No. 349. LAND USE DISTRICT means an area of the Improvement District No. 349 established as a Land Use District by this Order. LOT means: (a) a quarter section; (b) a river lot shown on an official plan, as defined in the Surveys Act, as amended, that is filed or located in a land titles office; (c) a settlement lot shown on an official plan, as defined in the Surveys Act, as amended, that is filed or located in a land titles office; (d) a part of a parcel of land described in a certificate of title if the boundaries of the part are described in the certificate of title other than by reference to a legal Subdivision; or (e) a part of a parcel of land described in a certificate of title if the boundaries of the part is described in a certificate of title by reference to a plan of Subdivision. MINISTER means the Minister responsible for administering the Municipal Government Act, or his or her delegate, for Improvement District No. 349. NATURAL RESOURCE EXTRACTION/PROCESSING means logging operations, the extraction of oil, gas, peat, and metallic and nonmetallic minerals (such as sand, gravel, coal, limestone, gypsum, granite, and salt) and the development of facilities for the processing of natural resources, including oil and gas, metallic and nonmetallic minerals peat, timber and wood fiber. This use does not include borrow pit/area for the purposes of oil and gas development. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 9|Page NON-CONFORMING BUILDING means a building: (a) that is lawfully constructed or lawfully under construction at the date a Land Use Order affecting the building or the land on which the building is situated becomes effective; and (b) that on the date the Land Use Order becomes effective does not, or when constructed will not, comply with this Order. NON-CONFORMING USE means a lawful specific use: (a) being made of land or a building or intended to be made of a building lawfully under construction at the date a Land Use Order affecting the land or building becomes effective; and (b) that on the date the Land Use Order becomes effective does not, or in the case of a building under construction will not, comply with this Order. NUISANCE means anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses. OCCUPANCY PERMIT means a permit issued pursuant to the Safety Codes Act and the Alberta Building Code that authorizes the occupancy of a building following a satisfactory inspection of the building by a person appointed as a Safety Codes Officer under the Safety Codes Act. OFFENSIVE or OBJECTIONABLE means, when used with reference to a development, a use by which its nature, or from the manner of carrying on the same, creates or is liable to create by reason of: noise; vibration; smoke; dust or other particulate matter; odour; toxic or non-toxic matter; radiation; fire or explosive hazard; heat; humidity; glare; or the unsightly storage of goods, materials, salvage, junk, waste, or other materials; a condition which, in the opinion of the Development Authority, may be or may become hazardous or injurious regarding health or safety, or which adversely affects the amenities of the neighbourhood, or interferes with or may interfere with the normal enjoyment of any land, building, or structure. OIL SANDS MINING, EXTRACTION and UPGRADING means Energy Resources Conservation Board approved commercial oil sands mining and upgrading operations, including but not limited to associated industrial infrastructure, offices, laboratories, on-site security, on-site work camps, fuel depots, weigh scales and laydown areas integral to the oil sands mining, extraction and upgrading, processing of by-products and utilities and co-generation facilities. ORDER means this Land Use Order. OWNER means: (a) in respect to unpatented land, the Crown; (b) in respect to other land, the person who is registered under the Land Titles Act, as amended, as the owner of the fee simple estate in the lands; and, (c) in respect of any property other than land, the person in lawful possession of it. PRINCIPAL BUILDING OR USE means a building or use which, in the opinion of the Development Authority, is the main purpose for which the building or site is ordinarily used. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 10 | P a g e RECREATION - RESTRICTED means uses which are located in areas to take advantage of natural physical features and to provide for non-facility oriented recreational activities such as trail riding, hiking, cross-country skiing, rustic camping and similar uses. SETBACK means the distance that a development must be set back from any features of a site specified by the Order. SITE means an area of land to contain a development. It may or may not be consistent with the area of land that is the subject of an approval, authorization or disposition granted to the user by the Crown in the right of the Province of Alberta. STRUCTURAL ALTERATION means any renovation or addition to a building or dwelling that affects a load bearing wall. STRUCTURE means anything constructed or erected, the use of which requires location on the ground or attachment to something located on the ground but not including pavements, curbs, walks, or open air surfaced areas or movable vehicles. SUBDIVISION means the dividing of a parcel of land into two or more smaller parcels by a plan of subdivision or other instrument. SUBDIVISION AUTHORITY means the Subdivision Authority established under Section 12 of this Order pursuant to Section 623 of the Act. SUBDIVISION AND DEVELOPMENT APPEAL BOARD means a Subdivision and Development Appeal Board established in Section 13 of this Order pursuant to Part 17 of the Act. TEMPORARY DEVELOPMENT means a development for which a Development Permit has been issued by the Development Authority for a period of three years less one day. USE means the purpose or activity for which a site and its buildings are designed, arranged, developed, or intended, or for which it is occupied and maintained. USE, DISCRETIONARY means any use of land or of a building listed as such in each of the Land Use Districts for which a Development Permit may be issued by the Development Authority. USE, PERMITTED means any use of land or of a building listed as such in each of the Land Use Districts for which a Development Permit must be issued if it meets the requirements of the Order or may be issued if any variances are required. VARIANCE means an alteration or change to a standard prescribed by this Order that is authorized by the Development Authority. WATER BODY means the bed and shore of a river, stream, lake, creek, lagoon, swamp, marsh, or other natural body of water whether it contains or conveys water continuously or intermittently. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 11 | P a g e WORK CAMP means a residential complex used to house camp workers on a temporary basis, and without restricting the generality of the above, the camp is usually made up of a number of mobile units, clustered in such fashion as to provide sleeping, eating, recreation, and other basic living facilities. The units may be dismantled and removed from the site from time to time. YARD means a part of a site upon or over which no building or structure other than a boundary fence is erected except for specifically permitted encroachments and accessory buildings. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 12 | P a g e PART III AUTHORITIES SECTION 10 DEVELOPMENT AUTHORITY (1) The Development Authority is established by this Order pursuant to Part 17, Division 3 of the Act. (2) The Development Authority shall exercise Development Permit powers and duties on behalf of the ID. (3) The Development Authority shall (a) issue decisions for Development Permit applications for those uses listed as Discretionary Uses in the subject Land Use District; (b) issue decisions for those uses listed as Permitted Uses, which may include Development Permit applications that propose a variance from the requirements of this Order; (c) issue decisions for development Permit applications; and (d) consider any other planning or development matters. (4) The Development Authority shall keep and maintain for the inspection of the public during office hours, a copy of this Order and all amendments thereto, and keep a register of all applications for Development and subsequent decisions. SECTION 11 DEVELOPMENT OFFICER (1) The office of the Development Officer, established by this Order, is authorized to act as the Development Authority for Improvement District No. 349. (2) The Development Officer shall, in addition to the duties of Development Authority outlined in Section 10: (a) receive and process all applications for Development Permits; (b) keep and maintain for inspection of the public during office hours, a copy of this Order and all amendments thereto, and ensure that copies are available to the public at a reasonable charge; (c) keep a register of all applications for Development, including the decisions therein and the reasons therefore. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 13 | P a g e SECTION 12 SUBDIVISION AUTHORITY (1) The Subdivision Authority is established by this Order pursuant to Part 17, Division 3 of the Act. (2) The Subdivision Authority shall exercise Subdivision powers and duties on behalf of the Improvement District. (3) The Subdivision Authority shall (a) Issue decisions for Subdivision applications in the Improvement District. (4) The Subdivision Authority shall keep and maintain for the inspection of the public during office hours, a copy of this Order and all amendments thereto, and keep a register of all applications Subdivision and subsequent decisions. SECTION 13 SUBDIVISION AND DEVELOPMENT APPEAL BOARD (1) The ID 349 Subdivision and Development Appeal Board is established by this Order pursuant to the Act and shall consist of 5 members appointed by the Minister. (2) The Subdivision and Development Appeal Board shall hear appeals in accordance with the jurisdiction and provisions granted under Part 17 of the Act. (3) No member of the Development Authority may sit on the Subdivision and Development Appeal Board. (4) Three members of the Subdivision and Development Appeal Board shall constitute a quorum. (5) The Subdivision and Development Appeal Board shall determine the procedures and rules of conduct that apply to its operation. The Subdivision and Development Appeal Board shall make its procedures and rules of conduct available to the public on request. (6) Any member of the Subdivision and Development Appeal Board having a pecuniary interest within the meaning of Part 5, Division 6 of the Act, in a development permit appeal, shall declare that interest and step down from a hearing. The written decision to step down shall be given to the Recording Secretary and included in the record of proceedings. (7) A pecuniary interest in a Subdivision appeal or a Development Permit or Stop Order appeal does not arise from a member’s employment in a Provincial department that is the Applicant for Subdivision or the Development Permit, a party to a Disposition pertaining to the subject of the appeal or a referral organization that may comment on the application. (8) The Subdivision and Development Appeal Board shall keep and maintain for the inspection of the public during office hours, a record of its proceedings presented at a hearing. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 14 | P a g e PART IV PROCEDURES SECTION 14 CONTROL OF DEVELOPMENT (1) Unless provided for in this Land Use Order, no development may commence unless the appropriate permits have been issued. SECTION 15 DEVELOPMENT NOT REQUIRING A PERMIT (1) Except as provided for in SECTION 15 (2), no person shall commence development unless they have been issued a Development Permit. (2) The following Development shall not require a Development Permit provided it conforms to all other provisions of this Order: (a) portable sawmills and asphalt batching plants in the Air Weapon Range District (AWR); (b) a borrow pit or borrow area related to a development under an approval, authorization or disposition granted by the Crown in right of the Province of Alberta; (c) the carrying out of works of maintenance or repair to any building, provided that such works do not include structural alterations; (d) horse holding areas on Crown land if authorization is granted by Alberta Environment and Sustainable Resource Development; (e) the maintenance and repair of public works, services, and utilities carried out by or on behalf of federal, provincial, or municipal public authorities on land which is publicly owned or controlled; and (f) The demolition or removal of any building or structure, the erection of which would not require a Development Permit, pursuant to SECTION 15 (2)(a) - (e) above, both inclusive. SECTION 16 NON-CONFORMING BUILDINGS AND USES (1) Where a Development Permit has been issued prior to a Order or any Order amendment coming into effect, and the Order or amendment would result in the development authorized by the Permit to be non-conforming, then the Development Permit continues to be in effect in spite of the Order coming into force. (2) Where a non-conforming use of land or building is discontinued for a period of six (6) consecutive months, any future use of the land or building must conform to the Land Use Order then in effect. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 15 | P a g e (3) A non-conforming use may be extended throughout a building but the building may not be enlarged or added to and no structural alterations may be made to it or in it, whether or not the building is non-conforming. (4) A non-conforming use of part of a lot may not be extended to any other part of the lot and no additional building may be constructed on the lot while the non-conforming use continues. (5) Non-conforming buildings may not be re-built except to make the buildings conform to the regulations included in the Land Use Order then in effect or to conduct routine maintenance of the building. Additions and renovations may be allowed to non-conforming buildings provided they do not exceed twenty percent (20%) of the total building area or contribute to the non-conformance of the building. (6) If a non-conforming building is damaged beyond seventy-five percent (75%) of the value of the building, the building may not be repaired or rebuilt except in accordance with this Order. (7) The land use or the use of a building is not affected by a change of ownership or tenancy of the land or building. SECTION 17 APPLICATION FOR DEVELOPMENT PERMIT (1) An application for a Development Permit shall be made to the Development Authority, in writing, on the application form provided by the Improvement District and shall: (a) demonstrate, to the satisfaction of the Development Authority, that a written confirmation of non-objection for the proposed development for access to the Cold Lake Air Weapons Range has been issued from the Department of Defense. (b) be signed by the registered owner(s), the Disposition holder or an agent authorized by the registered owner(s) or Disposition holder to make an application on its behalf. (c) state the proposed use or occupancy of all parts of the land and buildings, and such other information, such as floor plans, elevations, and cross-sections of any proposed building(s), as may be required by the Development Authority; (d)shall include site plans in paper and digital format at a scale satisfactory to the Development Authority, showing any or all of the following; (i) front, side, and rear yards; (ii) outlines of the exterior walls on all buildings; (iii) north point; (iv) legal description of the site or Disposition and adjacent lots roads, rights-of-way, easements, floodplains, top of bank, and watercourses within or abutting the lot; IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 16 | P a g e (v) location of existing and proposed municipal and private local improvements, principal building and other structures including accessory buildings, fencing, driveways, paved areas, and major landscaped areas including buffering and screening areas where provided; (vi) the lowest finished floor elevation of the principal and accessory buildings where applicable; and (vii) setbacks for existing and proposed development from areas of steep slope, top of bank from any watercourse, or identified high water mark of any watercourse. (e) provide a stormwater management plan approved by Alberta Environment and Sustainable Resource Development that includes the following information: (i) topography; (ii) watershed and development in relation to it; (iii) proposed minor drainage system (ditches/pipes/catch basin locations); (iv) proposed major drainage systems (direction of surface drainage); (v) proposed on-site detention/retention facility (location/size); (vi) location of outflow/outfall structures; and (vii) any related modeling and calculation information. (f) provide any other pertinent information or tests required by the Development Authority respecting the site or adjacent lands including, but not limited to: (i) a geotechnical report prepared by a qualified professional, registered in the province of Alberta, in a potentially hazardous or unstable area; (ii) a hydro-geological report prepared by a qualified professional, registered in the province of Alberta, to determine the impacts of development on area watersheds and aquifers; (iii) a reclamation plan for aggregate extraction or site grading and excavation; (iv) an environmental site assessment to determine potential contamination and mitigation; (v) a landscaping plan for the site, showing all of the proposed surface improvements; (vii) a flood plain impact study; or; IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 17 | P a g e (vii) any other information required by the Development Authority including a summary of provincial and federal approvals obtained, or to be sought regarding the project to which the Development Permit relates. (g) the estimated commencement and completion dates of the proposed development; and (h) be accompanied by a fee payment as established by Minister, as per the approved fee schedule. (2) Where information is required to be submitted in accordance with SECTION 17 (1)(f) it shall be prepared by an accredited professional, licensed to practice in Alberta to the satisfaction of the Development Authority. (3) At the discretion of the Development Authority, a letter from the applicant/Disposition holder may be required authorizing the right of entry by the Development Authority to such lands or buildings as may be required for investigation of the proposed development. (4) The Development Authority may refuse to process an application for a Development Permit where the information required by SECTION 17 (1) has not been supplied or where the quality of such information is not adequate to properly evaluate the application. (5) The Development Authority may deal with an application without all of the information required if, in the opinion of the Development Authority, a decision can be properly made on an application without such information. (6) The Development Authority may consider a blanket development permit application for a defined geographic area that specifies all potential uses, with defined maximum building densities and/or total floor area. The Development Authority must be notified in writing of all construction that is to occur within the defined geographic area related to an approved blanket development permit prior to the commencement of the construction. Any development proposed within the defined geographic area that has not been approved by a blanket development permit will require approval of an amendment to the blanket development permit. SECTION 18 REFERRAL OF DEVELOPMENT PERMIT APPLICATIONS (1) Before a decision on a Development Permit is made, a Development Permit application for a discretionary use may be referred to any agency, neighbouring municipality, adjacent landowner, or person as the Development Authority considers appropriate for comments or advice regarding the application. SECTION 19 DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS (1) The Development Authority: (a) shall issue a Development Permit for a Permitted Use, as listed in PART IX, which comply with the land use and minimum standards for the applicable Land Use District; IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 18 | P a g e (b) shall consider and may issue a Development Permit for a Discretionary Use, as listed in PART IX, with conditions necessary to ensure compliance. (2) In the case where a proposed use of land or a building is not provided for in the applicable Land Use District in this Order, the Development Authority may determine that such use is similar in character and purpose to a Permitted or Discretionary Use prescribed for that Land Use District in PART IX, provided that the proposed use: (a) would not unduly nor materially interfere with or affect the use, enjoyment, or value of neighbouring properties; and (b) generally conforms to the prescribed use for the land or building as defined in this Order. (3) Where a Development Permit has been issued for a use as outlined in SECTION 19 (2) above, that use shall be considered a Discretionary Use under the terms of this Order. (4) A decision of the Development Authority on an application for a Development Permit shall be given in writing and sent to the applicant. (5) In making a decision, the Development Authority may approve the application unconditionally, approve the application subject to those conditions considered necessary to ensure the orderly development of land, approve the application permanently or for a limited period of time, or in the case of a discretionary use, refuse the application. (6) When the Development Authority refuses an application for a Development Permit, the decision shall outline the specific reasons for the refusal, the time periods within which an appeal can be made, and to whom the applicant can make the appeal, if so desired. (7) An application for a Development Permit shall be deemed to be refused when a decision is not made by the Development Authority within forty (40) days after receipt and acceptance of the completed application by the Development Authority unless an agreement to extend the forty (40) day period is established between the applicant(s) and the Development Authority. SECTION 20 DEVELOPMENT PERMIT CONDITIONS (1) The Development Authority may require that, as a condition of issuing a Development Permit, the applicant(s) enter into an agreement pursuant to Section 650 of the Act. (2) The Development Authority may impose such conditions on Development Permit approvals as, in its opinion, are necessary to ensure the orderly development of land within the Improvement District. (3) The Development Authority may require as a condition of issuing a Development Permit that the applicant obtain an Occupancy Permit prior to allowing a building to be occupied. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 19 | P a g e SECTION 21 NOTIFICATION OF DEVELOPMENT PERMITS (1) Within five (5) calendar days of a decision on a Development Permit application, the Development Authority shall send a notice of the decision, by regular mail, to the applicant indicating the decision with respect to the application. If an application for development permit is refused, the Development Authority shall state the reasons for refusal. (2) Within five (5) calendar days of a decision on a Development Permit application approving a Permitted Use that proposes a variance to any of the regulations of this Order or a Discretionary Use, the Development Authority shall send a notice, by regular mail, to landowners adjacent to the site subject to the Development Permit, based on land ownership information contained in the Improvement District Assessment Roll and to all adjacent Disposition holders within the ID. This notice shall provide information on the decision and outline the right of appeal. (3) A permit issued pursuant to this PART does not come into effect until fourteen (14) days from the date of notification. Any Development proceeded with by the applicant prior to the expiry of this period is done solely at the risk of the applicant. SECTION 22 DEVELOPMENT PERMIT APPEAL PROCESS (1) The person applying for the Development Permit or affected by a stop work order under the Act, as amended, may appeal to the Subdivision and Development Appeal Board, if a Development Authority: (a) refuses or fails to make a decision on a Development Permit within forty (40) days of receipt and acceptance of a completed application; (b) issues a Development Permit subject to conditions; or (c) issues a stop work order or order to remedy pursuant to the Act, as amended. (2) Any person affected by an order, decision, or Development Permit made or issued by a Development Authority may appeal to the Subdivision and Development Appeal Board, except that no appeal may be made in respect of the issuance of a Development Permit for a Permitted Use unless the provisions of this Order are relaxed, varied, or misinterpreted. (3) An appeal to the Subdivision and Development Appeal Board is commenced by filing a notice of the appeal, containing the reasons for the appeal, to the Secretary of the Subdivision and Development Appeal Board within fourteen (14) days from the date of issuance, (a) in the case of an appeal made by an applicant after: (i) the date on which the person receives notice of the decision or order or the issuance of the Development Permit; or (ii) if no decision is made with respect to an application within the forty (40) day period or within any extension of this period as the applicant may have approved in writing, the date the period or extension expires; IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 20 | P a g e (b) in the case of an appeal by another person claiming to be affected, after the date on which the notice of the issuance of the Development Permit was mailed in accordance with SECTION 21 (2). (4) Pursuant to the Act, as amended, the Subdivision and Development Appeal Board must hold an appeal hearing within thirty (30) days of the receipt of a notice of appeal. (5) When hearing a Development appeal, the Subdivision and Development Appeal Board must give at least five (5) days notice in writing of the hearing: (a) to the appellant; (b) to the Development Authority whose order, decision or Development Permit is the subject of the appeal; and (c) to those notified under the Land Use Order pursuant to SECTION 21 (2) and any other person that the Subdivision and Development Appeal Board considers to be affected by the appeal and should be notified. (6) The Subdivision and Development Appeal Board must make available for public inspection before the commencement of the hearing all relevant documents and materials respecting the appeal, including: (a) the application for the Development Permit, the decision and the notice of appeal; or (b) a stop work order or order to remedy. (7) At the hearing the Subdivision and Development Appeal Board must hear: (a) the appellant or any person acting on behalf of the appellant; (b) the Development Authority from whose order, decision, or Development Permit the appeal is made, or the person acting on his/her behalf; (c) any other person who was served with notice of the hearing and who wishes to be heard or a person acting on behalf of that person; and (d) any other person who claims to be affected and that the Subdivision and Development Appeal Board agrees to hear, or someone acting on that person’s behalf. (8) In determining an appeal, the Subdivision and Development Appeal Board: (a) must comply with the provincial land use policies and statutory plans; (b) must have regard for but is not bound by the Subdivision and Development Regulation, as amended; IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 21 | P a g e (c) may confirm, revoke, or vary the order, decision, or Development Permit or any condition attached to it or may make or substitute an order, decision, or permit of its own; and (d) may make an order or decision or issue or confirm the issuance of a Development Permit even though the proposed Development does not comply with this Order if, in its opinion: (i) the proposed Development would not unduly nor materially interfere with or affect the use, enjoyment, or value of neighbouring properties; and (ii) the proposed Development conforms to the prescribed use for the land or building as defined in this Order. (9) The Subdivision and Development Appeal Board may recess if they require additional time to review or gather further information. (10) The Subdivision and Development Appeal Board shall not accept additional evidence upon closing the hearing. (11) Decisions of the Subdivision and Development Appeal Board may be made in-camera. (12) The Subdivision and Development Appeal Board must give its decision in writing together with reasons for the decision within fifteen (15) days of adjourning the hearing. (13) A decision made under this part of the Order is final and binding on all parties and all persons subject only to an appeal upon a question of jurisdiction or law pursuant to the Act. SECTION 23 VALIDITY OF DEVELOPMENT PERMITS (1) Validity of Permit (a) When a Development Permit has been issued by the Development Authority, it shall not be valid until the Development Permit conditions, except those of a continuing nature, have been fulfilled and no notice of appeal has been served on the Subdivision and Development Appeal Board within the appeal period. (b) In cases where an appeal has been served on the Subdivision and Development Appeal Board, the permit shall not be valid until the decision of the Board is issued in writing. (c) If the Subdivision and Appeal Board is served with notice of an application for leave to appeal its decision with respect to a Development Permit, such notice shall serve to suspend the Development Permit. The final determination of the leave to appeal shall serve to validate, amend, or revoke, as the case may be, the suspended Development Permit. (2) Expiry of Permit IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 22 | P a g e (a) If the Development authorized by a permit is not commenced within twelve (12) months from the date of its issue, the permit is deemed void, unless an extension to this period has previously been granted by the Development Authority. (b) Upon application prior to expiry, the Development Authority may grant only one (1) extension of the effective period of a Development Permit for a period that shall not be longer than twelve (12) months. (c) When a Development Permit expires, a new application must be completed. The new application will be addressed in the same manner as a first application and there shall be no obligation to approve the Development Permit based on the previous approval. (d) In cases where a use is to be discontinued for a period of six (6) months or more, any subsequent use of the land or building shall comply with this Order and shall require a new Development Permit. (3) Suspension of Permit (a) The Development Authority may suspend a permit in instances where: (i) the permit was issued on the basis of incorrect information or misrepresentation by the applicant; (ii) the permit was issued in error; (iii) it is requested to do so by the applicant; (iv) the applicant fails to comply with the conditions of the approval of a permit, or (v) the permitted approvals from Provincial and/or Federal authorities have been rescinded, quashed or amended. SECTION 24 DEVELOPMENT PERMIT STANDSTILL PROVISION (1) In the case where an application for a Development Permit has been refused pursuant to this PART or after an appeal pursuant to the Act, as amended, the submission of another application for a Permit on the same property and for the same or similar use of the land by the same or any other applicant shall not be accepted by the Development Authority for six (6) months after the date of the previous refusal unless the Permit conforms to the provisions of this Order. SECTION 25 POWERS OF VARIANCE (1) In addition to the requirements of SECTION 17, when an application for a Development Permit is submitted for a Permitted or Discretionary use which does not comply with the provisions of this Order, the Development Authority may request a statement from the applicant: IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 23 | P a g e (a) providing confirmation that the applicant is aware that the Development identified in the Development Permit application requires a variance to the provisions of this Order; and (b) identifying why the proposed Development cannot meet the provisions of this Order, and therefore requires the proposed variance. (2) The Development Authority may approve an application for a Development Permit for a Permitted or Discretionary use, with or without conditions, which does not comply with this Order, if, in the opinion of the Development Authority, the proposed Development conforms with the uses of land prescribed in PART IX of this Order and the proposed Development: (a) is compatible with the general purpose of the District; (b) would not unduly interfere with the amenities, use, enjoyment, or value of adjacent lands; (c) is compatible with surrounding areas in terms of land use and scale of development; (d) is appropriate given geotechnical considerations such as, but not limited to, flooding and slope stability; (e) includes factors unique to the development, use and site which are not generally common to other development and land in the same District and which would result in unnecessary hardship or practical difficulties for the proposed development to comply with the provisions of this Order; (f) is consistent with municipal land, right-of-way, or easement requirements; (g) will not unduly interfere with the amenities of the neighbourhood; and (h) can be designed to mitigate impacts on adjacent lands. (4) In approving an application for a permit under SECTION 25 (2), the Development Authority shall adhere to the general purpose and intent of the appropriate Land Use District. SECTION 26 APPLICATION FOR SUBDIVISION (3) A Subdivision application shall be made in accordance with the provisions of the Subdivision and Development Regulation, the Subdivision and Development Forms Regulation and Part 17 of the Act. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 24 | P a g e PART V AMENDMENT SECTION 27 PURPOSE (1) The Minister may, from time to time, amend the text, schedules, or the Land Use District Map. SECTION 28 APPLICATION TO AMEND THE LAND USE ORDER (1) All amendments to this Order shall be made by the Minister by Order and in conformance with the Act. (2) Text Amendment (a) Any person may apply for an amendment to the text of this Order by submitting the application fee required by the Minister and a written statement to describe and justify the rationale for the proposed text amendment. (b) Minister may initiate a text amendment to this Order by directing the Development Authority to prepare an application. (c) Written submissions for text amendments must include a statement outlining the proposed impacts of the amended Order text on land uses and developments throughout the Improvement District. (d) An application for a text amendment to this Order shall be made to the Development Authority for processing and referred to the Minister for a decision. (3) Redistricting Amendment (a) Any person may apply to change the existing Land Use Districting of all or a portion of a parcel of land through an amendment to the Land Use District Map included in this Order by submitting the application fee required by the Minister and a written statement to describe and justify the rationale for the proposed redistricting amendment. (b) The Minister may initiate an amendment to the Land Use District Map included in this Order by directing the Development Authority to prepare an application. (c) An application for amendment may be made and shall be made to the Development Authority for processing and referred to the Minister for a decision. (4) Amendment Application Process (a) Any amendment to this Order shall be made by an amending Order pursuant to the Act, following a public hearing and the notification requirements in accordance with the Act, as amended. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 25 | P a g e (b) An applicant may be required to submit a development concept plan for review by the Development Authority prior to making application to amend the Land Use District designation that applies to a particular site(s). (c) All applications for amendment shall be made to the Development Authority for processing and referred to the Minister for consideration using an application form provided by the Improvement District and shall be accompanied by the following: (i) an application fee; (ii) letter showing interest in the lands (iii) copies of any documents required by the Development Authority to verify that the applicant has a legal interest in the land for at least the period of time necessary to process the application to a final decision on the amendment; (iv) a statement of the reasons to justify the request to amend the Order; (v) a properly dimensioned map at an appropriate scale indicating the property to be amended, its relationship to existing land uses within a one (1.0) km (0.6 mi) radius of the boundaries of the property, and any prominent geographic or natural features; (vi) any additional information the Development Authority or the Minister may require, in order to prepare, evaluate, and make a recommendation concerning the proposed amendment. This may include an analysis by a qualified professional, registered in the province of Alberta, on the potential impact on land use, the environment, utility services, municipal facilities, and transportation networks if the amendment to the Order will result in an increase in density or intensification of land use. SECTION 29 REVIEW PROCESS (1) Upon receipt of a complete application to amend this Order, the Development Authority will complete an evaluation of the potential impacts associated with the proposed amendment to this Order, which may include all potential uses that may be listed as Permitted or Discretionary under a proposed District. (2) The Improvement District may refer any application for a proposed amendment to any municipal, provincial, or federal department or any other agency or body. (3) The Minister shall after due consideration of an application: (a) establish the date, time and place for a public hearing on the proposed Order; (b) outline the procedure to be followed by anyone wishing to be heard at the public hearing; and (c) outline the procedure by which the public hearing will be conducted. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 26 | P a g e SECTION 30 NOTIFICATION OF PUBLIC HEARING (1) Any amendment to this Order shall be made by an amending Order following a public hearing and the notification requirements in accordance with the Act. (2) The notice of the Public Hearing shall contain the following information: (a) the date, time and place of the Public Hearing; (b) the purpose of the proposed Order; (c) information about where a copy of the proposed Order and any public documents applicable to the proposed Order may be inspected; and (d) the procedure to be followed at the Public Hearing. SECTION 31 LAND USE ORDER AMENDMENT STANDSTILL PROVISION (1) Where an application to amend this Order is refused, a similar application to amend the Land Use Districting on the same lot or a text amendment shall not be accepted until at least six (6) months after the date of refusal, unless otherwise directed by the Minister pursuant to the Act. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 27 | P a g e PART VI ENFORCEMENT SECTION 32 GENERAL REGULATIONS (1) No person shall contravene or permit a contravention of this Order. (2) No person shall commence or undertake a development or use that is not permitted in this Order. (3) No person shall contravene a condition of a permit issued under this Order. (4) A Development Officer may enforce the provisions of the Act, and its regulations, the conditions of a permit approval, and this Order. Enforcement may occur through a warning notice of violation, stop orders, or any other authorized action necessary to ensure compliance. (5) Any person who undertakes any development without a Development Permit, or after a permit has been suspended or revoked, shall discontinue such development forthwith upon notice in writing being issued by the Development Authority, and shall not resume such development unless a Development Permit has been issued or the Development Permit is reinstated. SECTION 33 RIGHT OF ENTRY (1) A Development Officer is required to provide forty-eight (48) hours notice to the owner or occupant of a property, in accordance with the Act, prior to entering a property to determine if Land Use Order requirements are being met. (2) After providing the required notice, a Development Officer may enter a property at reasonable times to determine if Land Use Order requirements are being met. (3) A person shall not prevent or obstruct a Development Officer from carrying out any official duty under this Order. If consent to enter a property is not provided, the ID may apply to the courts for an order authorizing entry to the property. SECTION 34 WARNING NOTICE (1) A Development Officer may issue a warning notice outlining the nature of the violation, corrective measures that must be taken, and the deadline for the completion of the corrective measures. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 28 | P a g e SECTION 35 STOP ORDERS (1) Pursuant to Section 645 of the Act, upon determination that a development, land use, or use of a building is not in compliance with this Order and its regulations, or a Development Permit or its conditions, the Development Authority may by written notice direct the owner of the property, the person in possession of the land or building, or the person responsible for a contravention to: (a) stop the development or use of the land or building in whole or part as directed by the notice; (b) demolish, remove, or replace the development; or (c) carry out any other actions required by the notice for compliance. (2) The notice shall specify a deadline for compliance. SECTION 36 APPEAL OF STOP ORDERS (1) A person named in a stop order may appeal to the Subdivision and Development Appeal Board, however, the stop order remains in effect until after the appeal has been decided and the Board revokes the stop order. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 29 | P a g e PART VII GENERAL REGULATIONS SECTION 37 GENERAL PROVISIONS (1) The general regulations included in this PART apply in all Districts. Where a conflict appears with regulations in other sections in this Order, the general regulations apply unless those sections specifically exclude or modify these general regulations. SECTION 38 DEVELOPMENT IN THE VICINITY OF HIGHWAYS (1) A permit from Alberta Transportation is required for all proposed developments, including change in use of existing development or access, within 300 metres of the provincial highway rightof-way boundary or within 800 metres of the centre point of an intersection of the provincial highway with another public road. (2) The development may not proceed until a permit has been issued by Alberta Transportation subject to the provisions of the Highways Development and Protection Act and the Highways Development and Protection Regulation. (3) The general minimum setback for all development is 70 metres from the highway centre-line and no closer than 40 metres from the highway right-of-way boundary. Every proposal will be assessed on an individual basis and the setbacks determined after reviewing the specifics of the proposal. (4) All highway approaches shall be developed to the satisfaction of Alberta Transportation, with the cost of all improvements to be bourne by the developer. SECTION 39 DEVELOPMENT NEAR WATER BODIES AND SLOPES (1) No development shall be permitted in the 1:100 year flood plain of a water body or water course as established by Alberta Environment and Sustainable Resource Development or is otherwise prone to flooding or subsidence, unless the applicant demonstrates to the satisfaction of the Development Authority that preventive engineering and construction measures can be used to make the site suitable for the proposed development. (2) A minimum building setback of 30.0m is required from the high water mark of a water body to which title to the bed and shore is vested in the Crown in right of Alberta under section 3 of the Public Lands Act. (3) No development or tree clearing shall be permitted within a minimum of 15.0 m (49.2 ft) setback from the toe and crest of any slope of 15% or greater, unless a lesser amount is identified in a Geotechnical Report prepared by a qualified professional, registered in the province of Alberta. (4) The Development Authority may increase the setback requirement from a water body, an escarpment bank, or any steep slope if the proposed Development is proven to require a greater setback through engineering studies. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 30 | P a g e (5) The Development Authority may require identification of slopes by survey completed by an Alberta Land Surveyor. SECTION 40 FIRE PROTECTION (1) All applications for Development shall be required to prepare a Fire Hazard Assessment and demonstrate that the wildfire mitigation guidelines in FireSmart: Protecting Your Community from Wildfire, have been incorporated into the proposed development to the satisfaction of Development Authority. (2) All applications for Development shall be required to provide details of adequate fire protection. SECTION 41 GARBAGE COLLECTION AND OUTSIDE STORAGE (1) The method of garbage collection and type of outside storage of garbage shall follow guidelines for Bear Smart practices and shall be at the discretion of the Development Authority. SECTION 42 HISTORICAL AND ARCHAELOGICAL SITES (1) Historical or archaeological Sites identified pursuant to the Historical Resources Act, as amended, shall be protected in accordance with the guidelines and regulations established by Alberta Culture. SECTION 43 LIGHTING (1) Any outdoor lighting for any Development shall be located and arranged so that no direct rays of light are directed at any adjoining properties, interfere with the use and enjoyment of neighbouring lands, or interfere with the effectiveness of any traffic control devices. SECTION 44 UNSIGHTLY PROPERTIES (1) No person shall keep or permit in any District: (a) any object which, in the opinion of the Development Authority, is unsightly or tends to adversely affect the amenities of the Land Use District; (b) any excavation or any storage or piling up of materials required during the construction stage, unless all necessary safety measures are undertaken. The owner of such materials or excavations assumes full responsibility to ensure the situation does not prevail any longer than reasonably necessary to complete a particular stage of construction SECTION 45 PROTECTION FROM EXPOSURE HAZARDS (1) The location of any anhydrous ammonia (AA) or liquefied petroleum gas (LPG) storage tank with a water capacity exceeding 9,000 litres shall be in accordance with the requirements of the Development Authority, but in no case shall be less than a minimum distance of 190 m (623.4 ft) IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 31 | P a g e from assembly, institutional, commercial, or residential buildings. For all such containers, the Development Authority shall refer to the regulations under the Safety Codes Act, as amended. (2) Flammable liquids storage tanks at bulk plants or Service Stations shall be located in accordance with regulations under the Safety Codes Act, as amended. (3) Setbacks from pipelines and other utility corridors shall be as required by the Development Authority and the appropriate Provincial legislation or regulations. SECTION 46 SITE CONDITIONS (1) The Development Authority may require screening for uses which involve the outdoor storage of goods, machinery, vehicles, building materials, waste materials, and other similar uses. (2) The Development Authority, in considering an application, may impose conditions requiring the retention of trees, additional planting, or other screening of such a type and extent that is considered necessary. (3) No obstructions to visibility shall be permitted within 30.0 m (98.4 ft) of the intersection of two (2) roads without permission from the Development Authority, except as provided for in this Order. (4) No person shall bury any garbage or similar debris on any site. (5) The location of any shelter belts shall be determined by the Development Authority. (6) A Development Permit is required before the commencement or continuation of the removal of topsoil and such permits shall only be granted where it is shown to the satisfaction of the Development Authority that the land will not be adversely affected by removal. The Development Authority may refer any application for removal of topsoil to any appropriate Provincial agency for comment before consideration. SECTION 47 STRIPPING, EXCAVATION, AND GRADING (1) The Development Authority shall consider every application to excavate land as an accessory use, permitted in conjunction with an approved development permit for a permitted or discretionary use. within the designated Land Use District of this Order which affects the subject land. No person shall commence or continue the stripping, excavation, and grading without first obtaining a Development Permit. (2) For the purpose of this section, excavation shall mean excavation other than for construction or building purposes, including, but not limited to, sand and gravel mining, topsoil stripping, peat moss, and construction of artificial bodies of water. (3) An application for a Development Permit for the excavation, stripping, or grading of land, which is proposed without any other development on the same land, shall include the following information: IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 32 | P a g e (a) location of the lot, including legal description; (b) the area of the lot on which the development is proposed; (c) the type of excavation, stripping, or grading proposed, showing dimensions of the operation or the area of the land and depth to which the topsoil is to be removed; (d) location on the lot where the excavation, stripping, or grading is to be made on the lot; (e) the condition in which the excavation, stripping, or grading is to be left when the operation is complete or the use of the area from which the topsoil is removed; (f) information relating to the existing land uses and vegetation; (g) a stormwater drainage plan; (h) information relating to the proposed timing and phasing program; (i) identification of the outdoor noise and the discharge of substances into the air (j) a plan showing land reclamation proposals, where applicable, upon the eventual completion of the operation; and (k) an explanation of the precautions to be taken to ensure minimal dust and environmental disturbance. (4) As per Section 3 of the Soil Conservation Act, as amended, landholders shall, in respect of the landholder’s land, take appropriate measures: (a) to prevent soil loss or deterioration from taking place; or (b) if soil loss or deterioration is taking place, to stop the loss or deterioration from continuing. (5) Where, in the process of development, areas require leveling or filling, the topsoil shall be removed before work commences, and shall be stockpiled and replaced following the completion of work. Upon occupancy of a development, the minimum topsoil coverage of 15 cm (5.9 in) shall be provided. (6) Where certain commercial or industrial developments are concerned, replacement of topsoil may not be necessary. However, topsoil shall be removed prior to permanent construction, paving, or gravelling operations in areas for loading zones, display, or parking lots and driveways, etc. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 33 | P a g e SECTION 48 TEMPORARY DEVELOPMENT (1) Where a Development Permit application is made for a temporary development, the Development Authority may require the applicant to enter into an agreement with the ID guaranteeing the removal or cessation of the temporary development when the authorized use is changed, discontinued, or a pre-determined time limit for that use is reached. The ID may also require the applicant to provide security, in an amount acceptable to the Development Authority, to ensure that the terms of the agreement are carried out. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 34 | P a g e VIII SPECIAL LAND USE PROVISIONS SECTION 49 NATURAL RESOURCE EXTRACTION/PROCESSING FACILITY (1) For the purposes of this Section, excavation shall mean excavation other than for construction or building purposes, including, but not limited to, sand and gravel mining, topsoil stripping, and construction of artificial bodies of water. (2) An application for a Development Permit for the excavation, stripping, or grading of land, which is proposed without any other Development on the same parcel of land, shall include information as outlined in SECTION 17. (3) Where, in the process of development, areas require leveling, filling, or grading, the topsoil shall be removed before work commences, stockpiled, and replaced following the completion of the work. (4) The applicant shall ensure that dust and noise control measures are undertaken to prevent such items from becoming an annoyance to neighbouring landowners. The applicant shall conduct dust control procedures at the request of and to the satisfaction of the Development Authority, acting reasonably. In this regard, stockpiles shall be located in a position to act as a sound barrier. Also, the applicant shall apply methods of minimizing the noise created from machinery and equipment. (5) The applicant shall keep the area subject to the Development Permit in a clean and tidy condition, free from rubbish and non-aggregate debris. (6) The applicant shall locate appropriate traffic and safety signage on and about the subject site and road accesses. (7) All operations shall be in accordance with the Alberta Environmental Protection and Enhancement Act, as amended, for conservation and reclamation. (8) A disturbed area shall be reclaimed to a land capability equivalent to the pre-disturbance land capability (e.g. agricultural land) or a post-disturbance condition and land use (e.g. conversion to a wetland) which are satisfactory to the Development Authority or the provincial authority where applicable. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 35 | P a g e SECTION 50 OIL SANDS MINING, EXTRACTION AND UPGRADING (1) A development permit for this use shall not be issued until evidence in writing satisfactory to the Development Authority is provided that the applicant holds a current license, permit, approval or other authorization granted by the Energy and Resources Conservation Board (“ERCB”) and that the applicant holds any and all other licenses, permits, approvals or other authorizations required by any applicable federal, provincial or municipal law or regulation. (2) Subject to receipt of the information described in the preceding paragraph, the Development Authority shall approve the application to the extent that it complies with the license, permit, approval or other authorization of the ERCB in accordance with the provisions of section 619 of the Act. SECTION 51 WORK CAMPS (1) All Work Camps require a Development Permit. (2) A temporary development permit for a Work Camp may be issued for up to one (1) year, at which time an application may be made for a continuance of the use for one (1) additional year, after which a new Development Permit approval is required. (3) An application for a Development Permit for a Work Camp must provide the following information: (a) the location, type, and purpose of the camp; (b) adjacent land Uses; (c) the method of supplying potable water, sanitary sewage disposal and waste disposal to the camp. The water supply must comply with all applicable provisions of the Work Camp Regulation, as amended. The proposed method of sewage disposal must comply with the Safety Codes Act, as amended and the Private Sewage Disposal Systems Regulation, as amended and Work Camp Regulation, as amended, or the Environmental Protection and Enhancement Act, Activities Designation Regulation, as amended. Solid waste disposal must comply with the Work Camp Regulation as amended. (d) the number of persons proposed to live in the camp; (e) demonstrate approval from Alberta Environment and Sustainable Resource Development if the camp is on Crown land; and (f) the start date for development, date of occupancy by residents, and removal date for the camp. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 36 | P a g e PART IX LAND USE DISTRICTS SECTION 52 ESTABLISHMENT OF DISTRICTS (1) For the purposes of this Order, the ID is divided into the following Land Use Districts: (a) Air Weapons Range (AWR) (b) Natural Open Space (NOS) (2) The boundaries of the Districts listed above are delineated on the land use map being Land Use District Map 1 attached hereto and as amended from time to time. SECTION 53 ESTABLISHMENT OF LAND USE DISTRICT REGULATIONS (1) Land Use Districts and regulations shall be set forth in PART IX of this Order and the same may be amended in a similar manner as any other part or section of this Order. (2) Within a Land Use District, no building, structure, or use shall be constructed, located, or altered which contravenes the regulations set out for that Land Use District. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 37 | P a g e SECTION 54 AIR WEAPONS RANGE DISTRICT (AWR) (1) General Purpose of District The general purpose of this Land Use District is to allow for the consideration of development that is to support natural resource development within the Cold Lake Air Weapons Range and that is consistent with any approvals, authorizations or dispositions granted by the Crown in right of the Province of Alberta, and any Cold Lake Air Weapons Range Agreements and any Special Range Orders for Oil and Gas Operations. This District is to facilitate collaboration with the federal and provincial governments for lands over which Improvement District No. 349 has jurisdiction. (2) Air Weapons Range (AWR) Uses (a) Permitted Uses: None (b) Discretionary Uses: Natural Resources Extraction/Processing Oil Sands Mining, Extraction and Upgrading Work Camps (3) Regulations (a) A development permit for any use in this District may be issued by the Development Authority, on a discretionary basis, for development on crown land if that use is consistent with an approval, authorization or disposition granted by the Crown in right of the Province of Alberta. (b) All development permit applications must demonstrate that the use has the necessary approvals from the appropriate federal or provincial authority. (c) All setbacks are at the discretion of the Development Authority. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 38 | P a g e SECTION 55 NATURAL OPEN SPACE DISTRICT (NOS) (1) General Purpose of District (a) The general purpose of this District is to preserve a natural area for recreational use and environmental protection within the Dillon Conservation Area of the Lower Athabasca Regional Plan. (2) Natural Open Space District (NOS) Uses (a) Permitted Uses: None (b) Discretionary Uses: Recreation - Restricted (3) Development Regulations for Permitted and Discretionary Uses: (a) An environmental review for all developments may be required prior to the issuance of a Development Permit at the discretion of the Development Authority. (b) The removal of vegetation or disturbance of natural ground without a Development Permit is prohibited. (c) The Development Authority shall notify Alberta Environment and Sustainable Resource Development of all Development Permit applications in the Natural Open Space (NOS) Land Use District and provide an opportunity for Alberta Environment and Sustainable Resource Development to provide suggestions and representations. (a) All setbacks are at the discretion of the Development Authority. IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 39 | P a g e IMPROVEMENT DISTRICT NO. 349 LAND USE ORDER NO. 01-2013 40 | P a g e
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