Subdivision Applications

A subdivision is defined as a parcel or parcels divided out of a tract of land and registered with Alberta Land Titles under a separate title.

A Subdivision Application must contain:

  • Application Form (Form prescribed by the Subdivision and Development Regulation)
  • Fee (as per Fee Schedule By-law)
  • Tentative Plan, usually required to be done by a surveyor. The only exception is the first parcel out. A descriptive plan done by a surveyor will be required for every subdivision prior to the subdivision being registered
  • Certificate of Title (generally supplied by the surveyor or print off of SPIN for a fee established in the Fee Schedule By-law),
  • Consent to enter the land (incorporated into subdivision application),
  • Aerial photo

A Subdivision Application may also require:

  • Soil (agrologist) report,
  • Water (hydrologist) report,
  • Method of servicing for water and sewer,
  • Water study as per the Water Act,
  • Private sewage (percolation) report,
  • Engineered plans for infrastructure,
  • Road construction and/or upgrades,
  • Environmental Impact Study,
  • Traffic Impact Assessment Study,
  • Area Structure Plan,
  • Asbuilts upon Completion of Construction

1. Receive Application

2. Review by Development Staff

  • Development staff to ensure application conforms to Land Use Bylaw (LUB), Area Structure Plan (ASP), Municipal Development Plan (MDP) Intermunicipal Development Plan (IDP), Subdivision and Development Regulations, and such other legislation as may be applicable to the proposed subdivision.

3. Send Required Notifications and Ask for Comment

  • Notifications letters may include:
    • Municipal departments,
    • Adjacent Municipality if subdivision is adjacent or required in the
      Intermunicipal Development Plan (IDP),
    • Adjacent property owners,
    • Fort Vermilion School Division,
    • Department of Environmental Protection if,
      • within 300 meters of a landfill if subdivision for residence, school, hospital, food establishment, or vice versa.
      • within 300 meters of a wastewater facility if subdivision for residence, school, hospital, food establishment or vice versa,
    • Natural gas utility,
    • ATOC Electric,
    • Telus,
    • Sustainable Resources if the land is adjacent or contains a natural body of water,
    • Alberta Transportation if adjacent to Highways 35 and 58 or within 0.8 km of highway that is posted at 80km/h or greater OR if the subdivision is immediately adjacent to, or direct access is required off of, Highway 697,
    • Alberta Utilities and Energy Board (AEUB) if subdivision is within 1.5 km’s of sour gas facility.

All above referrals are asked to respond within two weeks.

4. Advertising

  • Urban applications – advertise in the newspaper and send copies of
    subdivision application with cover letter to all adjacent landowners,
  • Rural applications – send copies of subdivision application with cover
    letter to all adjacent landowners.

5. Review Application and Comments Received

6. Draft Recommended Action with Conditions

Recommended action to include the following conditions:

  • the requirement to enter into Development Agreement for roads, servicing,
  • the payment of off-site levies and parking,
  • ensure conformance to Land Use Bylaw (LUB), Area Structure Plan (ASP), Municipal Development Plan (MDP), Intermunicipal Development Plan (IDP), Subdivision and Development Regulations, and other applicable legislation,
  • any conditions required by referrals in above section 3.

7. Prepare for Municipal Planning Committee (MPC) meeting including:

  • Request for Decision (RFD) with recommended action,
  • Copy of subdivision application, land title, tentative plan, aerial photos,
    site inspection photos, site location, letters from commenting agencies
    and adjacent landowners,
  • Decision to be signed by the MPC Chair, or designate

8. Mail Decision

A copy of the decision must be sent to:

  • the applicant and landowner (if not the same)
  • all of the organizations that were notified in section 3.

The decision must also state the appeal process and whether it lies to the Subdivision and Development Appeal Board (SDAB) or the Municipal Government Board (MGB).

9. Prepare Development Agreement and Resolve Servicing Contributions

Development Agreement will contain all the conditions within the Decision

  • Prepare two original Development Agreements (DA),
  • Development Agreement to be reviewed by senior staff,
  • Development Agreement to be reviewed by the developer,
  • Establish and include all applicable contributions:
    • off-site levies, if required
    • water/sewer hookup fees, if required
    • lift station levies
    • 10% municipal reserve if required, and the amounts of municipal
      reserve required in money and/or land (no municipal reserve is
      required off of a first parcel out of a quarter section)
    • note application deadline for local improvement charges if required.
  • Establish and include the amount of security, if required. Security is
    required on infrastructure to be constructed on a multi-lot subdivision
    both in the rural and urban areas and is to be calculated at 25% of the
    estimated construction cost received from the engineer.

10. Prepare for Municipal Planning Commission (MPC) meeting

  • Request for Decision (RFD) with recommended action
  • Development Agreement,
  • Copy of subdivision application, land title, tentative plan, aerial photos, site inspection photos, site location.

11. Sign Development Agreement

  • Mail both Development Agreements to the applicant or have them come in to sign,
  • Have the Development Agreement signed by the MPC Chair, or
    designate.

12. Endorsement

  • The endorsement or “Subdivision Authority Approval” documents are
    supplied by the surveyor,
  • MPC Chair signs subdivision endorsement for registration,
  • Prepare any caveats required for development agreements, deferred
    reserve, road widening, etc. (to be registered concurrently with
    subdivision),
  • MPC Chair signs caveats,
  • MPC Chair signs municipal easement agreements (to be registered
    concurrently with subdivision),
  • Chief Administrative Officer or designate signs land transfer if subdivision involves the sale of municipal land (may be registered concurrently with subdivision).

13. Send all documents to the surveyor for registration.

  • Vacant (first parcel out) – Minimum 4 to 6 months
  • Multi-lot – Minimum 6 to 12 months
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DEVELOPMENT APPLICATIONS

Development is defined as:

  1. excavation or stockpile of earth and creation of either of them; or
  2. a building or an addition to a building, replacement or repair of a building; or
  3. change in 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 use of land or building; or
  4. a change in the intensity of use of land or a building or any act done in relation to land or a building that results in, or is likely to result in, a change in the intensity of use of land or building.

An approved development permit is required prior to the commencement of any of the above-defined items. To determine if your proposed project requires a development permit contact the development staff.

Permitted Use Development Permits

Permitted use is defined as the use of land or building captioned “permitted uses” in the Land Use Districts, appearing in the Land Use Bylaw, for which a development permit shall be issued upon an application having conformed to the provisions of the Land Use Bylaw.

Discretionary Use Development Permits

Discretionary use is defined as – the use of land or buildings captioned “discretionary uses” in the Land Use Districts, appearing in the Land Use Bylaw, for which a development permit may or may not be issued subject to a full review and consideration by the Development Authority. The approval of discretionary uses is optional, subject to the Development Authority’s discretionary judgment based upon the merits of the application for the purpose of orderly development.

A Development Permit Application must contain:

  • Completed application form including:
    • Name, address, and phone number of the applicant and landowner
    • Legal land location and/or Lot, Block, Plan
    • Description of existing development on the lands, if any
    • Description of the proposed development including dimensions
    • Proposed start and end date of construction
    • Project/construction value
    • Signature of applicant and landowner
  • Fee ( established by Council in the Fee Schedule Bylaw)
  • Completed site plan including:
    • Location of proposed buildings including setbacks from property lines
    • Location of existing buildings including setbacks from property lines
    • Location of shelterbelts and treed areas
    • Location of parking and loading areas
    • Location and depths of ravines, lakes, sloughs, and any other water bodies
    • Location of roads and/or road allowances
    • Location of driveway/access
    • Length and width of the property

A Development Permit Application may also require:

  • Photos of Mobile Homes and other buildings to be moved on site
  • Surveyed site plot plan/Real Property Report completed by surveyor including parking provisions
  • Drainage plan
  • Landscaping plan
  • Review of the completed Development Permit application to ensure compliance with, but not limited to, the
    following;

    • Municipal Development Plan
    • Area Structure Plan
    • County Land Use Bylaw
    • Inter-municipal Development Plan
    • Subdivision and Development Regulations
  • Completion of a site inspection
  • For permitted uses, Notice of Decision prepared and sent to the applicant, landowner, and other parties as deemed
    necessary
  • For discretionary uses or uses requiring variance, Notice of Decision presented to the Municipal Planning Commission and if approved, sent to the applicant, landowner, and other parties as deemed necessary and
    advertised in the local newspaper
  • Conformance to County Land Use Bylaw zoning and setbacks
  • Legal access
  • Traffic/noise impact
  • Parking
  • Permitted Uses – Minimum 2 weeks
  • Discretionary Uses – Minimum 3 weeks
  • Intermunicipal Development Plan Area – Minimum 3 weeks
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LAND USE BYLAW AMENDMENTS AND REZONING APPLICATIONS

A Land Use Bylaw is defined as a Bylaw that is adopted and used by the Council of Mackenzie County for regulating the use of land and buildings within the Municipality.

A Rezoning Bylaw is defined as a Bylaw presented to the Council for the amendment of a Land Use District.

A Land Use District is defined as a zoning district described in the text of the Land Use Bylaw in which only certain land uses may be allowed as either permitted or discretionary uses and in which specific requirements must be satisfied before development may proceed.

1. Receive Application to Amend the Land Use Bylaw

  • For first reading the application must consist of:
    • Application form (including reasons for the request)
    • Fee (established by Council, $150)
    • Site Plan of the area if the request is for a rezoning
  • For second reading additional information may be required including but not limited to:
    • Area Structure Plan
    • Traffic Impact Assessment
    • Agrology, hydrology, and percolation tests
    • Engineered plans (roads, drainage, etc)

2. Bylaw Preparation for First Reading

  • draft bylaw
  • draft Request for Decision
  • present to Council for first reading

3. Bylaw Preparation for Public Hearing

  • If the bylaw passes first reading the bylaw must go to a public hearing, which must be advertised in accordance with the requirements of the Municipal Government Act (MGA):
    • schedule a public hearing, usually at the time of a council meeting
    • advertise in the local newspaper for 2 weeks with the last advertisement being no later than 5 days prior to the public hearing

4. Send Notification of Public Hearing

  • Letter of notification of the public hearing must be sent to:
    • Applicant
    • Adjacent property owners (if the request is for a rezoning)
    • Municipal departments
    • Adjacent Municipality as required in the Intermunicipal Development Plan (IDP)
  • Letter of notification of the public hearing may be sent, but are not limited, to:
    • Fort Vermilion School Division
    • Department of Environmental Protection
    • Sustainable Resources
    • Alberta Transportation if adjacent to a highway or would impact a highway.
    • Alberta Utilities and Energy Board (AUEB)

5. Public Hearing

  • The applicant and any affected member of the public may submit a written submission or speak at the public hearing.

6. Second and Third Reading

  • After the public hearing council has the following options:
    • give a second reading to the bylaw
    • give a second reading and request further information or some act to be done
    • defeat second reading of the bylaw
    • give a second and third reading of the bylaw
    • give a second reading but defeat the third reading of the bylaw
    • table the bylaw for further information or for some action to be done
  • The Land Use Bylaw amendment is complete upon the third reading of the bylaw.
  • Minimum of 6 weeks.
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