HomeMy WebLinkAbout2018-21 Subdivision AuthorityCOUNTY OF NEWELL
IN THE PROVINCE OF ALBERTA
SUBDIVISION AUTHORITY
BYLAW NO. 2018-21
BEING a bylaw of the County of Newell in the Province of Alberta, to establish a Subdivision Authority;
AND WHEREAS, the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26 as
amended requires the municipality to adopt a bylaw to establish a Subdivision Authority;
AND WHEREAS, the Subdivision Authority is authorized to exercise subdivision powers and duties on
behalf of the municipality;
AND WHEREAS, this bylaw may be cited as the "Subdivision Authority Bylaw";
NOW THEREFORE, the Council of the County of Newell in the Province of Alberta duly assembled,
enacts as follows:
1. DEFINITIONS:
(a) Act means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter
M-26, as amended from time to time.
(b) Chief Administrative Officer (CAO) means the Chief Administrative Officer of the
County of Newell or designate.
(c) Council means the Municipal Council of the County of Newell.
(d) County means the County of Newell and the area within its jurisdictional boundaries.
(e) Cut -Off Parcel, means a parcel of land that is separated from the remainder of the
quarter section by:
i. a permanent irrigation canal;
ii. a water course;
iii. a railway;
iv. a graded public roadway or highway; and/or
v. an embankment.
The affected parcel must be cut off in such a way that it is impractical to operate as part
of an agricultural operation.
(f) Land Use Bylaw means the County of Newell Land Use Bylaw No. 2016-21.
(g) Land Use District means a specifically delineated area or zone within which the
development standards of the Land Use Bylaw govern the use, placement, spacing, and
size of land and buildings.
(h) Municipality means the County of Newell in the Province of Alberta.
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Bylaw 2018-21
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(i) Regulation means the Subdivision and Development Regulation pursuant to the Act.
Q) Secretary means the person or persons appointed by Council to act as secretary of the
Subdivision Authority.
(k) Subdivision Authority means the Subdivision Authority for the County as established
pursuant to this Bylaw.
(1) Subdivision and Development Appeal Board (SDAB) means the tribunal established
to act as the Intermunicipal Subdivision and Development Appeal Board.
All other terms used in this bylaw shall have the meaning as is assigned to them in the
Municipal Government Act, as amended.
2. SUBDIVISION AUTHORITY:
(a) The Subdivision Authority shall consist of:
i. The Municipal Planning Commission; or
ii. The Chief Administrative Officer;
(b) Members of the Subdivision Authority shall not be members of the Subdivision and
Development Appeal Board.
3. SUBDIVISION POWERS AND DUTIES:
(a) The Subdivision Authority is authorized to exercise subdivision powers and duties on
behalf of the County in accordance with the Act, the Regulation and the provisions of
this Bylaw.
(b) The Subdivision Authority creates processes and rules as are necessary for the conduct
of its business consistent with this Bylaw, other County Bylaws, the Act and Regulations.
(c) The Subdivision Authority may delegate, to any individual, any of its required functions
or duties in the processing of subdivision applications, including determining the
completeness of a submitted subdivision application.
(d) The Subdivision Authority is delegated the power to decide if an Environmental Reserve
Easement is to be applied to a parcel of land which is subject to subdivision, rather than
designated Environmental Reserve in accordance with the Act.
(e) The fees to be charged by the Subdivision Authority in connection with the steps
involved in the subdivision of land shall be in accordance with the Schedule of Fees set
by resolution of Council.
(f) Any development levies applied to the lands which are the subject of a subdivision
application, including off -site levies, shall be in accordance with a Council approved Levy
Bylaw as amended or replaced from time to time.
(g) The Subdivision Authority is delegated the power to extend the time for a subdivision
application or endorsement of a previously approved subdivision plan for registration in
accordance with the Act.
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(h) Upon endorsement of a previously approved plan of subdivision, the Subdivision
Authority is authorized to accept minor modifications to the approved plan provided:
i. No more than one additional lot is created (this exemption does not apply to single
lot subdivision approvals);
ii. The size (area) of Municipal Reserve, School Reserve or Environmental Reserve
are not changed;
iii. Roadway standards of the County are not compromised; and
iv. Such adjustments comply with the Land Use Bylaw subject to the exercise of the
variance power contained in Section 654(2) of the Act.
4. MEMBERSHIP AND VOTING:
(a) No person shall consider or make a decision on a subdivision application where that
person may have a pecuniary interest in the matter as defined in Part 5, Division 6 of
the Act.
(b) The Subdivision Authority shall hold meetings as required on dates to be determined by
the Subdivision Authority, and it may also hold special meetings at any time at the call
of the Chairman.
(c) The decision of the majority of the members present at a meeting shall be deemed to
be the decision of the whole Subdivision Authority.
(d) The Subdivision Authority may make its orders, decisions, and subdivision approvals;
and may issue notices with or without conditions.
(e) The Subdivision Authority, when considering an application for subdivision approval, is
not required to hold a hearing.
(f) The Subdivision Authority may make rules to govern its hearings.
(g) Where a subdivision application is refused, the Subdivision Authority shall issue written
reasons for the refusal in accordance with the Act.
5. OFFICE OF THE SECRETARY:
(a) The Secretary is not a voting member of the Subdivision Authority.
(b) The Secretary to the Subdivision Authority shall:
Notify all members and advisors of the Subdivision Authority of the arrangements
for the holding of each regular and special meeting of the Authority,
Issue the decisions and, where applicable, the reasons for decision of the Authority
in accordance with the Act and the Subdivision and Development Regulations,
iii. Keep and maintain on file for the inspection by the public during all reasonable
hours subject to the requirements of the Act, records of all decisions in the case of
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Bylaw 2018-21
refusals, the reasons therefor; written minutes of all meetings; and business
transacted by the Authority, and
iv. Carry out other administrative duties as the Subdivision Authority may specify.
6. SUBDIVISION OF AGRICULTURAL LANDS:
(a) The Subdivision Authority may only approve one (1) subdivision on an unsubdivided
quarter section within the A-GEN Land Use District, a process commonly referred to as
First Parcel Out. A quarter section is considered to be unsubdivided if the previous
subdivisions were for the purposes of:
i. a public or quasi -public use; or
ii. the parcel is considered a Cut -Off Parcel.
This subdivision can be up to 32.37 hectares in size.
(b) Notwithstanding (a), the Subdivision Authority may only approve the subdivision of a
Cut -Off Parcel if the proposed parcel has legal access.
(c) Further subdivision of the First Parcel Out is not permitted within the A-GEN Land Use
District.
(d) The Subdivision Authority may approve one (1) additional subdivision on the residual
quarter section parcel within the A-GEN Land Use District provided that:
i. The parcel is not located within an Intermunicipal Development Plan Boundary as
established with the City of Brooks, the Town of Bassano, the Village of Duchess,
and the Village of Rosemary;
ii. The parcel size is between 1.21 ha and 2.83 ha;
iii. The parcel contains an existing dwelling or a buildable site;
iv. The parcel can be serviced to the satisfaction of the Subdivision Authority;
v. The development will not inhibit access or negatively impact agriculture or the
recreational use of a river valley, water body, environmentally sensitive area;
vi. The proposed and residuals parcels have direct legal and physical access to a
public roadway; and
vii. The proposed parcel will not significantly affect any irrigation or a transportation
system in the area.
(e) Further Subdivision of parcel within the A-SML Land Use District is not permitted.
(f) The Subdivision Authority shall not approve an application for subdivision of a parcel on
which an existing or proposed confined feeding operation (CFO) is located.
(g) The enlargement, reduction or realignment of an existing separate parcel may be
approved by the Subdivision Authority provided that:
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i. The additional lands required are to accommodate existing or related
improvements; or
ii. The proposal is to rectify or rationalize existing habitation, occupancy, cultivation or
settlement patterns; and
iii. No additional parcels are created over and above those presently in existence; and
iv. The proposed new parcel and residual parcel will continue to have direct legal and
physical access to a public roadway, adequate development setbacks, and a
suitable building site; and
v. The size, location and configuration of the proposed parcel will not significantly
affect any irrigation or transportation system in the area.
(h) The Subdivision Authority may only approve subdivision for public or institutional
purposes, provided:
i. the proposed parcel has legal access;
ii. the proposed use is suitable for and limited to the parcel; and
iii. alternative parcels are not reasonably available.
7. This bylaw shall come into effect upon third and final reading thereof.
8. Bylaw No. 1681-09 and amendments thereto are hereby rescinded.
September 9, 2021 MOVED BY COUNCILLOR CLARENCE AMULUNG that Bylaw 2018-21 receive
FIRST reading.
MOTION CARRIED
October 7, 2021 MOVED BY COUNCILLOR BRIAN DE JONG that Bylaw 2018-21 receive
SECOND reading.
MOTION CARRIED
October 7, 2021 MOVED BY COUNCILLOR LIONEL JUSS that Bylaw 2018-21 receive THIRD and
FINAL reading.
MOTION CARRIED
Reeve — Molly Douglass Chief Administra 've — Matt Fenske