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Bylaw 551-24
Page 1 of 3
BYLAW 551-24
BEING A BYLAW OF THE VILLAGE OF HEISLER, IN THE PROVINCE OF
ALBERTA, TO ESTABLISH THE SUBDIVISION AUTHORITY OF THE VILLAGE OF
HEISLER.
WHEREAS pursuant to Part 17 of the Municipal Government Act, RSA 2000, c. M-26, the
purpose of Part 17 is to provide a means whereby plans and related matters may be prepared and
adopted to achieve orderly, economical, and beneficial development, use of land and patterns of
human settlement;
AND WHEREAS pursuant to section 623 of the Municipal Government Act, RSA 2000, c. M-
26, council must by bylaw establish a subdivision authority to exercise subdivision powers and
duties on behalf of the municipality;
AND WHEREAS pursuant to the Municipal Government Act, RSA 2000, c. M-26, a
subdivision authority may include one or more of all members of council, a designated officer, a
municipal planning commission and any other person or organization;
NOW THEREFORE the Council of The Village of Heisler, duly assembled, enacts as follows:
1.
Short Title
1.1.
This Bylaw shall be known as the "Subdivision Authority Bylaw".
2.
Definitions
In this Bylaw:
2.1.
"Act" means the Municipal Government Act, RSA 2000, c. M-26, as amended
from time to time.
2.2.
"Council" means the Council of The Village of Heisler.
2.3.
"Land Use Bylaw" means The Village of Heisler Bylaw 452-11, as amended,
repealed or replaced from time to time.
2.4.
"Land and Property Rights Tribunal" established under the Land and Property
Rights Tribunal Act.
2.5.
"Subdivision and Development Appeal Board" means the Board established to
hear subdivision and development appeals pursuant to section 627 of the
Municipal Government Act.
2.6.
"Subdivision Authority" means the Subdivision Authority established pursuant to
this Bylaw.
3.
Establishment of Subdivision Authority
3.1.
The Subdivision Authority of The Village of Heisler is hereby established.
3.2.
The Subdivision Authority shall consist of one person or organization appointed
Bylaw 551-24
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by resolution of Council.
3.3.
If the appointed person or organization is unable or unwilling to exercise
subdivision powers and duties on behalf of The Village of Heisler, Council shall
appoint another person or organization by resolution.
3.4.
Council may remove the person or organization from the position of Subdivision
Authority by resolution at any time.
4.
Term of Office
4.1.
Subject to Section 3.4 of this Bylaw, the Subdivision Authority shall be appointed
by Council for a term of one year and may be reappointed upon the expiry of the
term.
5.
Fees
5.1.
The fees to be charged by the Subdivision Authority in connection with any steps
involved in the subdivision of land shall be set by Council by resolution.
6.
Powers and Duties
6.1.
The Subdivision Authority is authorized to exercise subdivision powers and duties
on behalf of The Village of Heisler in accordance with the Act, its regulations and
the Land Use Bylaw.
6.2.
The Subdivision Authority may delegate any of its responsibilities, except the
authority to refuse or approve subdivisions, with or without conditions, to another
person or organization.
6.3.
The Subdivision Authority is not required to hold a hearing in considering an
application for subdivision.
6.4.
The Subdivision Authority shall maintain a record of all applications it receives
and all decisions it makes, copies of which shall be available to the Chief
Administrative Officer of The Village of Heisler and Council upon request.
6.5.
The Subdivision Authority may make rules as are necessary for the conduct of its
business that are consistent with the Act, its regulations, this Bylaw, the Land Use
Bylaw, and any other The Village of Heisler bylaws.
6.6.
The Subdivision Authority shall have the authority to sign subdivision decisions.
6.7.
The Subdivision Authority may, with the written consent of the applicant,
communicate electronically with the applicant in accordance with the Act.
6.8.
The Subdivision Authority may extend the time for endorsement of subdivision
plans and the time for registration of subdivision plans in accordance with the
Act.
6.19. The Subdivision Authority has the authority to agree that any or all of the land
that is to be taken as environmental reserve is instead to be the subject of an
Bylaw 551-24
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environmental reserve easement for the protection and enhancement of the
environment in accordance with the Act.
7.
Repeal
7.1.
This bylaw repeals and replaces Bylaw 327-07 dated May 27th, 2007.
READ A FIRST TIME THIS ______DAY OF ___________________________, A.D. 2024,
____________________________________
Mayor
____________________________________
Chief Administrative Officer
READ A SECOND TIME THIS _____DAY OF _________________________, A.D. 2024,
____________________________________
Mayor
____________________________________
Chief Administrative Officer
READ A THIRD TIME AND FINALLY PASSED THIS ____DAY OF _______________,
A.D. 2024.
____________________________________
Mayor
____________________________________
Chief Administrative Officer