Gail Gibeau, Development Officer

Keli Sandford, Development Assistant

LAND USE SURVEY RESULTS

The Municipal District of Willow Creek No. 26 is not responsible for any errors, omissions, or changes that have not been entered into the information which follows, nor is the Municipal District responsible for any misinterpretation of the information contained herein. Consultation with the Municipal District is advisable, telephone (403) 625-3351 or fax (403) 625-3886.

If making an application with the Municipal District, please read the Code of the West.

Development Permits deal with a development's impact on surrounding properties. Building permits deal with the structural stability of buildings and the health and safety of the building's occupants.

Always check with the Municipal District to determine if a development permit is required.

The developer shall assume responsibility of all costs associated with meeting the requirements of the Water Act and Regulations, if applicable.

• WHEN DO YOU REQUIRE A DEVELOPMENT PERMIT?



• DEVELOPMENT PERMIT APPLICATION FORMS
  
  
• HOW LONG DOES IT USUALLY TAKE TO GET A PERMIT?
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• WHAT TYPE OF INFORMATION DO I NEED TO OBTAIN A PERMIT?

• Country Residence or Farmstead Development Permit:
• Additional Requirements for: Mobile Home
• Additional Requirements for: Moved-In Building
• Development Permit for a Business:
• Intensive Livestock Operation Development Permit:

• IS MY LIVESTOCK OPERATION INTENSIVE?
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• DEVELOPMENT APPLICATION PROCEDURE:
• 
  
  
• CAN I SUBDIVIDE MY PROPERTY?
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• FEE SCHEDULE:
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• DESIGNATED LAND USES:

WHEN DO YOU REQUIRE A DEVELOPMENT PERMIT?

A Development Permit is a written approval from The Municipal District of Willow Creek No. 26 that ensures that what you are planning to do complies with the regulations of the Land Use Bylaw or shows that you have obtained a waiver of one of the requirements. You will need a Development Permit before:

• Changing the use of land or building(s)

• Changing the intensity of the use of a property (e.g. expansion, addition of a new use, etc.)

• Constructing a new building

• Structurally altering an existing building

• Starting up a business (home occupation or other)

• Establishing or expanding an Intensive Livestock Operation

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DEVELOPMENT PERMIT APPLICATION FORMS (downloadable):

(Click on the following link. Then click on "file" and "print", or you can click on "file" and "save as" to save the form for printing later.)

• Application for a Development Permit (General)

• Application for a Country Residence or Farmstead Development

• Intensive Livestock Operation Development Permit

(See "Is My Livestock Operation Intensive" below to determine whether a provincial or municipal permit is required.)

• Guide to Completion of ILO Applications

• Manure Utilization Agreement Form

• Application for a Land Use Bylaw Amendment

• Application for a Home Occupation

• Business License Application Form

• Application for a Temporary Development Permit

• Time Extension Agreement Form

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HOW LONG DOES IT USUALLY TAKE TO GET A PERMIT?

• Residential/Permitted Use: 2-14 days following submission of the application

• Municipal Planning Commission referrals (e.g. Discretionary Use): a minimum 14 days following the notice of decision (application must be submitted at least 2 weeks prior to the Municipal Planning Commission meeting, normally scheduled for the fourth Wednesday of each month).

• Intensive Livestock Operations - a minimum 14 days following the notice of decision (including your time preparing and gathering the required information for the application: 2-4 months).

Note: The time may increase if one or more conditions of approval are required to be completed prior to construction.

• The following are required in completing the application form, whether the use is permitted or discretionary:
• Be specific when describing the proposed development, including:
• The size
• The type of foundation (basement – concrete, preserved wood, etc.), if a building
• If there is intent to construct (or relocate) any addition, its size and use (i.e. Porch),
• Whether there will be a garage, attached or detached.
• State the reason(s) for the second residence, if applicable.
• Supply any details that you feel you may assist the Municipal Planning Commission in making its decision, for example, explaining plans to deal with any topographical or any other issues that may have an effect on the development or the site.

Attach:

A copy of the blueprints, if a building

A recent title search which shows any easements on the property and confirms ownership.

A recent corporate search if the land is registered in the name of a company (both of the last two are available from a Registries Office, where vehicle registrations, operator’s licenses, etc. are obtained).

Note:

The registered landowner, or an agent acting on his behalf, such as his lawyer or realtor, must sign the back of the form. If there is joint ownership of the property, the signatures of all persons whose names appear on the title are required to sign.

If the registered owner is a corporation, the signature of a person authorized to sign on behalf of the company must appear on the back.

Additional requirements if the building is to be a previously used structure, mobile/manufactured home that is to be relocated:

Enclose recent, colored photos showing all exterior exposures of the structure

Provide a sketch of the floor plan to scale, (in lieu of blueprints)

Describe the exterior renovations you intend to complete, if any.

Indicate if the development is temporary

A site plan must be submitted as part of the application.

Please make certain the following are shown:

The major existing improvements, if any, such as corrals, barns, shop, etc.

Any utility lines, overhead or underground.

The distance the proposed location is from the road allowance boundary and/ or the property boundary lines, if nearby,

The distance from any nearby topographical features, such as an escarpment rim, edge of the bank of a watercourse, or toe of a steep slope, drainage, channel, etc.

                Access to the site, existing or proposed.

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• Additional Requirements for:

Mobile home:

• Year, Make, Size

• If used unit, recent color photographs showing all exterior exposures of the unit

• Any additions, , to be constructed or relocated, and their use (i.e. porch)

• Indicate if temporary residence

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Moved-in Building:

• Square footage or dimensions and proposed use of the structure to be moved in

• Recent color photographs showing all exterior exposures of the house

• Any additions to be constructed or moved in and their use(s)
  
• Any exterior renovations intended

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Development Permit for a Business:

• Indicate whether home occupation - minor, or major- or commercial business. A business license cannot be issued prior to the approval of the development application. (See Bylaw applications) The fee for ‘Home Occupations – Minor’ is $25.00 and $100.00 for ‘Home Occupations – Major’. The development application is a one –time requirement. Once obtained, it runs with the land as long as it is kept current, that is, the business does not shut down for more than 24 consecutive months. The business license must be renewed annually, the resident fee being $25.00 or $12.50 if the business does not begin operating until after June 30^th.
  Home Occupation means the ancillary use of a dwelling unit (and/or its accessory buildings or lands) by any trade, profession, or craft for gainful employment involving the manufacture, processing, provision or sale of goods and/or services such that the use, location, and operation is not readily apparent under normal scrutiny from the nearby lands or public roadways with the exception of signage associated with a major home occupation. Home Occupations shall include, but not be limited to the following:
• Basketry
• Weaving
• Small engine repair
• Manufacturing and/ or sale of small crafts, goods wares,
• Sale of baked goods, ornaments, lawn decorations, garden produce on site and uses similar in nature. Home occupations do not include the following activities:
• Bed and Breakfast accommodation
• Guest ranches
• Welding and fabricating
• Food processing
• Food service/ Catering
• Kennels
• Veterinary Clinic
• Taxidermy
• Transport business, consisting of more than two transport vehicles. The Municipal Council may by resolution identify certain activities to be, or not to be, home occupations from time to time. They are divided into two categories:

• Home Occupation - Minor means a home occupation such that the use does not result in any of the Following:
  

1. any structural changes to existing buildings, or construction of any additional buildings,

(b) generation of pedestrian or vehicular traffic

(c) any increase or change to any existing storage facilities,

(d) any outside storage of materials, commodities or finished products on site,

(e) any signage associated with the home occupation.
Examples may include, but are not limited to: basketry, weaving, arts and crafts; sewing; sale of baked goods or ornaments; computer sales, repairs, and programming; in-home business office; secretarial services; consulting services; tutorial services; contractors; small animal grooming; clothing; and interior/exterior design.

 

Home Occupations - Major means a home occupation which is not defined as a minor home occupation and which is consistent with conditions outlines in Schedule 11 of this bylaw. (See Schedule 11) Examples may include, but are not limited to: vehicle sales and repair, small engine repair, sale of lawn decorations and garden produce sales on site.  The Application should include the following:  

• Details of the proposed business
• Increase in traffic anticipated
• Parking availability, if required
• Site Plan that indicates the following:
• distances from road allowance boundaries, property lines, and quarter lines
• well and septic tank and field locations
• utility lines, overhead or underground
• any existing and proposed structures

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Intensive Livestock Operation Development Permit (see also Guide to Completion of ILO Applications):

• Indicate number and type of all animals/poultry, existing and proposed

• Soil profiles by a qualified geotechnician

• A list of lands both available and suitable for manure utilization (see Guide)

• Water well analysis

• Water licensing/registration as required by Alberta Environment, see website for more information: www.gov.ab.ca/env/water/legislation

• Location (see location diagram in application form)

• Site Plan that indicates the following: (see Intensive Livestock Operation Development Permit Application form):

• proposed development including facilities connected with it (e.g., waste storage site, etc.)

• distances from road allowance boundaries, property lines, and quarter lines

• well(s)

• utility lines, overhead or underground

• existing structures

• dead animal handling area (e.g., storage until disposal)

• prevailing wind direction

• runoff direction

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IS MY LIVESTOCK OPERATION INTENSIVE?

As of January 1, 2002, the Province of Alberta shifted responsibility for Confined Feeding Operations [CFOs] to the Natural Resources Conservation Board [NRCB].  Therefore, those livestock operations which exceed the thresholds for CFOs set by the Province fall under the jurisdiction of the NRCB.  Detailed information, including threshold numbers (Part 2, Matters Regulation), can be obtained from the NRCB's website:  www.nrcb.gov.ab.ca/ILOpage.html.

Owners of livestock having numbers that fall between those that the Municipal District considers to be an Intensive Livestock Operation [ILO] (see chart below) and the NRCB thresholds for a CFO are still required to obtain a municipal development permit pursuant to Municipal Land Use Bylaw No. 1250, as amended.

AT WHAT POINT WILL IT BE INTENSIVE?

For the purposes of determining the requirement for a municipal development permit and applying the standards of the land use bylaw, an Intensive Livestock Operation is any feedlot or covered facility of significant investment and/or permanence, capable of confining a specified minimum number of animals as outlined in the following table for grouping or finishing for market and at a density of greater than 2 animal units per acre.

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DEVELOPMENT APPLICATION PROCEDURE:

• Determine whether a Development Permit is required.

• If permit is required, determine type of use: Permitted [P] or Discretionary [D] (as outlined in the Land Use Bylaw). Phone Municipal District Office at (403) 625-3351 or fax (403) 625-3886

• Submit the appropriate Development Application form, complete with a site plan and the prescribed fee (see Fee Schedule)

• Arrange for Development Officer to conduct a visual site inspection

• [D] Municipal District must notify adjacent landowners or landowners within a 1-mile radius, depending on type of development, giving them ten clear days prior to the Municipal Planning Commission meeting in which to respond with any comments/concerns they may have regarding the proposed development

• [D] Municipal District requests comments and recommendations from appropriate government/other agencies, depending on type of proposed development

• [D] Municipal District invites comments from any municipalities within two miles of the proposed development in most cases

• Decision by Development Officer or Municipal Planning Commission (Approval or Refusal)

• Approval: Notice of Approval is mailed to the applicant and those previously notified of the application and any other parties claiming to be affected

• If no appeal is received within the 14-day appeal period allowed, the Development Permit is issued provided that one or more conditions of approval are not required to be completed prior to construction. After the Development Permit is issued, development may commence in compliance with conditions stated thereon.

• Refusal: Notice of Refusal is mailed to the applicant and those previously notified of the application and any other interested/affected parties

If no appeal is received within the 14-day appeal period allowed, the development may proceed.

• Appeal Process: When an appeal is received, with the appropriate fee, the application is referred to the Subdivision and Development Appeal Board [SDAB]. No development may take place during the appeal process (i.e. the decision is in abeyance). Notification of the SDAB public hearing, held in conjunction with the appeal, is sent to all those that had been notified of the Municipal Planning Commission Notice of Decision.

• Notice of the SDAB Decision is mailed to the applicant and those previously notified of the application and any other known interested/affected parties

• Approval: Development may commence in compliance with conditions on said Notice of Decision after the Development Permit is issued.

• Refusal: The development may not proceed.

The Notice of Decision of the SDAB may be appealed to the Court of Appeal, but only on a point of law or jurisdiction.

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CAN I SUBDIVIDE MY PROPERTY?

All subdivision application decisions are at the discretion of the Municipal Planning Commission.

Bare Land:

• Generally not allowed except in extenuating circumstances, such as cut-off (fragmented) parcels and boundary realignment.

Farmstead/Country Residence:

• A developed farmstead/country residence may be subdivided out of a quarter section provided it is the first parcel out of the quarter.

• 5-acre maximum parcel size, but usually existing improvements are allowed within the subdivision, but no more area than is required.

For more information, contact Mike Burla, Senior Planner, Oldman River Intermunicipal Service Agency [ORISA] at (403) 329-1344.

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FEE SCHEDULE

1. Application for a Permitted Use $25.00
2. Application for a Discretionary Use (except Intensive Livestock Operations) $100.00
3. Application for a Land Use Bylaw Amendment $1,000.00
4. Request to Convene a Special Meeting $500.00
   • Council
   • Municipal Planning Commission
   • Subdivision and Development Appeal Board

   (over and above the normal fee)

5. Appeal to the Subdivision and Development Appeal Board (non-refundable) $500.00
6. Request for a Letter of Compliance $50.00
7. Request to allow an encroachment on required setback for existing buildings for the purpose of obtaining a Certificate of Compliance $50.00
8. Request for a Bylaw Waiver or Variance except for waiver of the required setback for signs and trees (in addition to the Application Fee) $200.00
9. Request for a Bylaw Waiver of the required setback for signs and trees (in addition to the Application Fee) $50.00
10. Registration Costs $150.00
    • Easements
    • Save Harmless Agreements
    • Development Agreements
    • Encroachment Agreements
    • Party Wall Agreements
11. Intensive Livestock Operations (basic fee) $300.00 plus 20 cents per animal unit

Note: When a development has been commenced prior to a development application being made, and the applicant subsequently submits an application, a fee may be charged that is double the normal permit fee.

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DESIGNATED LAND USES:

• Rural General - RG
• Rural Hamlets - RH
• Hamlet of Parkland - HP
• Moon River Estates - MRE
• Grouped Country Residential - GCR
• Rural Small Holdings - RSH
• Claresholm Industrial Area - CIA
• Rural Industrial - RI
• Rural Commercial - RC
• Flood Damage Reduction - FDR
• Reservoir Vicinity - RV
• Rural Recreational - RR

Please Note: The following are excerpts from the indicated land use designations for general information on uses and setback requirements from a road right-of-way boundary. Contact the Municipal District Office at (403) 625-3351 for more comprehensive information and additional constraints that may affect your development, as specified in the Land Use Bylaw for each of the land use districts.

General Setbacks: Each designated land use has minimum setback requirements. Generally, there can be no development within:

• 75 feet (22.9 m) of a road allowance boundary of a developed or undeveloped road,
that is not a numbered highway

Also, any development within 300 m (1000 feet) of Highways 2, 3, 520 East, 519, 785, and 810, or within 50 m (164 feet) of Highways 507, 511, 520 West, 527, 529, 533, and 811 is regulated by Alberta Transportation (www.trans.gov.ab.ca) and a permit from them would be required in addition to a municipal Development Permit..

Other setbacks apply to certain topographical features. For information on these, call the Municipal District Office at (403) 625-3351.

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