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Bylaw 83-2003
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BYLAW 83-2003
(CONSOLIDATED ON June 28, 2005)
A BYLAW OF STRATHCONA COUNTY IN THE PROVINCE OF ALBERTA, FOR THE
PURPOSE OF ESTABLISHING A SUBDIVISION AUTHORITY AND SETTING FORTH
THE DUTIES AND RESPONSIBILITIES THEREOF
WHEREAS the Municipal Government Act, R.S.A. 2000, c-M-26, provides that a
Council, must by Bylaw, establish a Subdivision Authority;
AND WHEREAS the Council of Strathcona County wishes to adopt the Subdivision
Authority Bylaw on the terms and conditions hereinafter set forth;
NOW THEREFORE the Council of Strathcona County duly assembled, enacts as
follows:
1.
Definitions
In this Bylaw:
a)
"Act" means the Municipal Government Act, R.S.A, 2000, c M-26 and
amendments thereto;
b)
"Applicant" means any person who has applied for a subdivision
approval;
c)
"Authority" means the Subdivision Authority of Strathcona County
established pursuant to this Bylaw;
d)
"Council" means the Council of Strathcona County;
e)
"County" means Strathcona County;
f)
Executive Team means the Chief Commissioner, Deputy
Commissioner and Associate Commissioners.
g)
"Manager of Planning and Development Services" means the
employee appointed as Manager of Planning and Development
Services;
h)
All the other terms used in this Bylaw shall have the meaning
assigned to them by the Act to extent that the said meaning differs
from the ordinary meaning of such terms.
Bylaw 83-2003
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2.
Subdivision Authority
a)
The Subdivision Committee and the Manager of Planning and
Development Services are appointed as the Subdivision Authority for
the County.
(S.1.1, Bylaw 71-2005, June 28, 2005)
b)
The Subdivision Committee shall consist of the Executive Team and
one member of Council or their alternate.
(S.1.2, Bylaw 71-2005, June 28, 2005)
3.
Functions and Duties of the Authority
a)
The Subdivision Authority shall exercise subdivision powers and duties
on behalf of Strathcona County, in accordance with the Act.
b)
The Manager of Planning and Development Services shall act as a
Subdivision Authority for subdivision application approvals and,
mandatory subdivision application refusals only as prescribed in
accordance with the Act, the Subdivision and Development
Regulations and defined by County policies and bylaws, in respect of
lands within the boundaries of Strathcona County.
c)
The Manager of Planning & Development Services shall refer
applications to Subdivision Committee to act as Subdivision Authority
in the following instances:
(S.2.1, Bylaw 71-2005, June 28, 2005)
(i)
Where the proposed subdivision involves a relaxation, or a
reduction, in the subdivision standards of the Land Use Bylaw
and the Manager of Planning and Development Services finds
merit in supporting such a relaxation, or reduction; or
(ii)
Where the proposed subdivision involves the creation of more
than one additional lot in a location where an Area Structure
Plan has not been adopted.
d)
The Manager of Planning & Development Services may, at his
discretion, refer any subdivision application to Subdivision Committee
for a decision.
(S.2.1, Bylaw 71-2005, June 28, 2005)
e)
The Subdivision Authority must not approve an application for
subdivision approval unless:
Bylaw 83-2003
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i)
the land that is proposed to be subdivided is, in the opinion of
the Subdivision Authority, suitable for the purpose of which the
subdivision is intended.
ii)
the proposed subdivision conforms to the provision of any
statutory plan and, subject to variance powers of the Act, the
Land Use Bylaw of Strathcona County;
iii)
the proposed subdivision complies with the Act and the
Subdivision and Development Regulations, and
iv)
all outstanding property taxes on the land proposed to be
subdivided have been paid to the Strathcona County, or
arrangements satisfactory to the municipality have been made
for the payment pursuant the Act.
4.
Decisions of the Authority
a)
A decision of the Subdivision Authority must be given in writing to the
applicant and to the government departments, persons and local
authorities to which the Subdivision Authority is required by the
Subdivision and Development Regulations to give a copy of the
application.
b)
A decision of the Subdivision Authority must state:
i)
whether an appeal lies to the Subdivision and Development
Appeal Board or to the Municipal Government Board; and
ii)
if an application for subdivision approval is refused, the reasons
for the refusal.
5.
Time Extensions
a)
The Manager of Planning & Development Services or his designate is
authorized to grant or refuse an extension of the time period for:
i)
the submission of a plan of subdivision or other instrument to
the Subdivision Authority, or
ii)
the registration of a plan of subdivision or other instrument.
b)
In considering the time extension, the Manager of Planning &
Development Services or his designate shall take into account all
relevant considerations, including the following:
Bylaw 83-2003
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i)
Whether the applicant for subdivision approval has exercised
reasonable efforts in meeting the time periods set out in the Act
for registration or submission of plans or instruments,
ii)
Whether the applicant for subdivision approval intentionally
delayed in submitting or registering the plan of subdivision plan
or instrument,
iii)
Whether the affected persons or government agencies have
expressed concerns to Strathcona County relating to a
subdivision approval, claiming that a further extension of a time
period hereunder would be prejudicial, or
iv)
Whether any of the conditions of the subdivision approval are no
longer relevant.
6.
Endorsement
a)
The Manager of Planning & Development Services or his designate is
hereby authorized to endorse, on behalf of the Subdivision Authority
any plan of subdivision or other instrument required to complete the
registration, at the Alberta Land Titles Office, of a subdivision approval
issued by the Subdivision Authority.
7.
Repeal
a)
Bylaw No. 9-2001 is hereby repealed.
NOTE: Consolidation made under Section 69 of the Municipal Government Act,
R.S.A. 2000, c.M-26 and Bylaw 21-2015 Section 8, and printed under the Chief
Commissioner's authority.
Bylaw 83-2003, passed by Council June 24, 2003
Amendments
Bylaw 71-2005, June 28, 2005