Subdivision Authority Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot de51f4fcc019 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF LEGAL BYLAW #07-2023 SUBDIVISION AUTHORITY BYLAW BEING A BYLAW OF THE TOWN OF LEGAL IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF ESTABLISHING THE SUBDIVISION AUTHORITY OF THE TOWN OF LEGAL. WHEREAS, Section 623 of the Municipal Government Act, R.S.A. 2000, c. M-26, as amended, requires that a Municipal Council must establish a Subdivision Authority by bylaw. NOW THEREFORE, the Council for the Town of Legal, in the Province of Alberta, duly assembled, hereby enacts as follows: ## 1.0 NAME - 1.1 This bylaw may be cited as the "Subdivision Authority Bylaw." ## 2.0 DEFINITIONS The following definitions are clarified for the purpose of this bylaw: - 2.1 "Act" means the Municipal Government Act, R.S.A. 2000, c. M-26, as amended - 2.3 "Land and Property Rights Tribunal" means the Board established under Section 488 of the Act. - 2.2 Act. - 2.4 "Intermunicipal Subdivision and Development Appeal Board" means the Board established to hear development and subdivision appeals pursuant to the Intermunicipal Subdivision and Development Appeal Board Bylaw of the Town of Legal. - 2.6 "Regulations" means the Matters Related to Subdivision and Development Regulations, AR 84/2022, as amended, and proclaimed pursuant to the Act. - 2.5 "Subdivision Authority" means the person(s) established under Section 3 of this Bylaw to perform the functions of a Subdivision Authority under the Act. ## 3.0 ESTABLISHMENT OF SUBDIVISION AUTHORITY - 3.1 The Subdivision Authority of the Town of Legal is hereby established. - 3.2 The Subdivision Authority shall consist of one (1) person appointed by resolution of the Council. - 3.3 If the appointed person shall die, retire or resign, another person may be appointed by resolution of the Council. - 3.4 Council may remove the person from the position of Subdivision Authority by resolution at any time. ## 4.0 TERM OF OFFICE - 4.1. Subject to Section 3.4 of this Bylaw, the Subdivision Authority shall be appointed at the pleasure of the Council for a term of one (1) year and may be reappointed upon the expiry of the term at the pleasure of Council. ## 5.0 FEES - 5.1 The fees payable to the Subdivision Authority for all manner of applications, activities and approvals within the preview of the Subdivision Authority are set out in Schedule "A" of this Bylaw. ## 6.0 RESPONSIBILITIES AND FUNCTIONS - 6.1 The Subdivision Authority shall exercise those functions and powers within Town of Legal as are described in the Act and the Regulations. - 6.2 The Subdivision Authority is not required to hold a hearing in considering an application for subdivision. - 6.3 The Subdivision Authority shall ensure statutory notices and decisions are provided to such persons as the Act and the Regulations require. - 6.4 The Subdivision Authority may make rules as are necessary for the conduct of its business that are consistent with this Bylaw, the Town of Legal Land Use Bylaw, and the Act. - 6.5 The Subdivision Authority must not approve an application for subdivision approval - the land that is proposed to be subdivided is, in the opinion of the Subdivision Authority, suitable for the purpose for which the subdivision is intended; - the proposed subdivision conforms to the provisions of any statutory plan and, subject to Subsection 6.6 of this Bylaw, any Land Use Bylaw that affects the land proposed to be subdivided; - the proposed subdivision complies with the Act and the Regulations; and, - all outstanding property taxes on the land proposed to be subdivided have been paid to the Town of Legal, or arrangements satisfactory to the municipality have been made for their payment pursuant to Part 10 of the Act. - 6.6 The Subdivision Authority may approve an application for subdivision approval even though the proposed subdivision does not comply with the Land Use Bylaw of Town of Legal if, in its opinion; - 6.6.1 the proposed subdivision would not: - i. unduly interfere with the amenities of the neighbourhood; or, - ii. materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land; and - 6.6.2 the proposed subdivision conforms with the use prescribed for that land in the Land Use Bylaw of Town of Legal. - 6.7 The Subdivision Authority may approve or refuse an application for subdivision approval. - 6.9 A decision of the Subdivision Authority must state: - 6.8 A decision of the Subdivision Authority must be given in writing to the applicant and to the Government departments, persons and local authorities to whom the Subdivision Authority is required by the Regulations to give a copy of the application. - whether an appeal lies to the Intermunicipal Subdivision and Development Appeal Board of Town of Legal or to the Land and Property Rights Tribunal; and - 6.9.2 if an application for subdivision approval is refused, the reasons for the refusal. - 6.10 The power to extend the periods pursuant to Section 657(6) of the Act is delegated by Council to the Subdivision Authority. - 6.11 The power to decide if an environmental reserve easement is to be applied to a parcel of land which is subject to a subdivision rather than an environmental reserve pursuant to Section 664(2) of the Act is delegated by the Council to the Subdivision Authority.  ## 7.0 REPEAL - 7.1 This Bylaw repeals Bylaw #07-2019 and any other existing bylaw establishing Subdivision Authority or Subdivision Authority Officer responsibilities.       READ A FIRST TIME THIS 5 DAY OF September 2023 Mayor house Chief Administrative Officer READ A SECOND TIME THIS ≤ DAY OF September \_ 2023 Chief Administrative Officer READ A THIRD TIME THIS SAY OF September \_ 202: Chief Administrative Officer ## 2023 MPS Subdivision Fees | Service (Effective September 1, 2023) | Fees | |-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------| | *Base Application Fee *Per Lot Fee *Payable with initial application | 750.00 250.00 | | **Per Lot Endorsement Fee **Payable prior to endorsement | | | Recirculation Fee Minor changes to an application may be accepted at the office with no additional costs. If the change requires the application to be recirculated to the various agencies and/or | | | If the applicant is unable to finalize the subdivision within one year from the date of the decision, an extension may be requested. If the extension is approved, an extension fee shall | | | Title Search The title search fee is applicable when a recent land title (dated within 90 days from the time of application) is not provided by the applicant, and a land title is obtained by MPS. | | GST is applicable to all fees listed. ## SCHEDULE "A"