Title
Moratorium prohibiting new Development Permits for "Natural Resource Extraction/Processing" applications for any lands mapped as Environmentally Sensitive Area's (ESA's) within the County's 2014 Environmental Conservation Master Plan.
...Proposed Motion(s)
1. That effective 11:59 am, June 10, 2014 Parkland County prohibits accepting applications for new Development Permits for Natural Resource Extraction/Processing operations or expansions (as may be considered under Section 12.12 of Land Use Bylaw No. 20-2009) that are situated fully or partially on any titled lands within Environmentally Sensitive Areas identified in the maps of the 2014 Parkland County Environmental Conservation Master Plan as accepted by Council. This Moratorium shall remain in effect until 11:59 pm, December 31, 2015, or an earlier date if so decided by Council.
Body
Purpose
To allow appropriate time for Council and Administration to review and adopt Statutory Plans and/or Regulations prior to accepting new Development Permits for "Natural Resources Extraction/Processing" applications on lands mapped as ESA's in the 2014 Parkland County Environmental Conservation Master Plan as accepted approved by Council.
The proposed moratorium would be specific to applications listed under Land Use Bylaw (Bylaw 20-2009) as Natural Resource Extraction/Processing and defined as:
" the removal, extraction and primary processing of raw materials. Typical resources and raw materials would include oil and gas, peat, sand, silt and gravel, shale, clay, marl, limestone, gypsum other materials precious or semi precious, timber and coal. Typical facilities or uses would include gravel pits (and associated crushing operations), asphaltic processing, sand pits, clay and marl pits, peat extraction, stripping of topsoil, sawmills and related timber/processing."
The moratorium would only effect areas mapped as ESA's in the 2014 Environmental Conservation Master Plan (ECMP) and until December 31, 2015, 11:59 p.m.
Background/Summary:
Administration is seeking a similar moratorium as was previously adopted by Council on July 11, 2008 in which Parkland County decided to no longer accept applications to amend the Land Use Bylaw to redistrict land from the Agricultural General (AGG) District to the Country Residential Core (CRC) District as may be considered under Policy 2.10 of the Municipal Development Plan until further notice. The resolution/motion establishing this previous moratorium read as follows:
that effective July 11, 2008 Parkland County would no longer accept applications to amend the Land Use Bylaw to redistrict land from the Agricultural General (AGG) District to the Country Residential Core (CRC) District as may be considered under Policy 2.10 of the Municipal Development Plan until further notice.
On Tuesday June 10, 2014 Parkland County Council "accepted for information" the 2014 Environmental Conservation Management Plan (ECMP). The ECMP provides the most comprehensive inventory of Environmentally Sensitive Areas (ESA's) ever identified in the County. However, this is a non-statutory document that the County shall rely on to assist in the development of environmental policies that shall be included in the County's new Community Sustainable Development Plan (CSDP) to be completed by mid to late 2015. The policies included in the CSDP shall then guide the anticipated rewrite/update of the County's new Land Use Bylaw (LUB) in 2016. Administration stresses that proposed "policies" and/or "best management practices" outlined within the new ECMP are not statutory and cannot by enforced by the County at this time. As these recommendations are further considered by the County through the CSDP and LUB rewrites they then may be found in the newly adopted statutory documents and as such be enforceable by 2016 or 2017.
The proposed Moratorium regarding new Development Permits for Natural Resource Extraction/Processing applications considers the following:
- That effective June 10, 2014 at 11:59 am , Parkland County would no longer accept applications for new Natural Resource Extraction/Processing operations and facilities, or expansions to such existing operations and facilities that fall within any ESA identified in the maps of the 2014 Parkland County Environmental Conservation Master Plan as accepted by Council;
· That the moratorium be applied to the entire certificate of title for which the Environmentally Significant Area (ESA) falls within (even if only partially);
· That the moratorium apply to only applications, operations, and facilities which fall under the jurisdiction of Parkland County Land Use Bylaw 20-2009 as amended; and,
· That the moratorium be implemented until 11:59 PM, December 31, 2015, or until any such earlier time and/or date that Council may direct Administration to lift the moratorium.
This moratorium will not impact any existing Natural Resource Extraction/Processing operation as previously approved through a Development Permit approved prior to passing of this moratorium. New Natural Resource Extraction/Processing operations, existing Natural Resource Extraction/Processing operations and facilities, and renewals to these operations and facilities whose certificate of titles do not fall within an ESA as identified in the maps of the 2014 Parkland County Environmental Conservation Master Plan will not be impacted by this moratorium.
Hence, based on this background, Administration has deemed it appropriate for Council to consider the possible implementation of a moratorium against applications for new Development Permits seeking approval for Natural Resource Extraction/Processing - for a fixed period of time.
Strategic Plan/Policy/Legal/Staff Implications (As Required)
Related to Councils Strategic Plan under Economic Development Strategies 2 and 3 which states, "Parkland County will ensure that development enhances quality of life" and "Parkland County will take steps to further promote and foster sustainable development".
Policy/Legal/Staff Implications:
N/A
Financial Impact:
Parkland County could be subjected to court challenges regarding any sort of moratorium which may be implemented. The exact financial implication (regarding legal defence) of such challenge(s) is unknown.
Alternative Options:
1. Council may direct Administration to gather additional information regarding the potential impact of Natural Resource Extraction/Processing applications proceeding on identified ESA's.
2. Council may proceed with the implementation of the suggested moratorium through the consideration and possible adoption of a bylaw amendment to Land Use Bylaw 20-2009.
3. Council may receive the memo as information.
4. Council may choose to not proceed with a moratorium at this time.