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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. County of Newell Bylaw 2018-21 Page 2 (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. County of Newell Bylaw 2018-21 Page 3 (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 County of Newell Page 4 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: County of Newell Page 5 Bylaw 2018-21 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