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PART 2 - ADMINISTRATION, PROCEDURES AND ENFORCEMENT
ADMINISTRATION
2.1. Development Authority and Subdivision Authority
2.1.1 This Bylaw repeals Development Authority Bylaw No. 1048 and any
amendments thereto.
2.1.2 The position of Development Authority is established in accordance
with Section 624 of the Municipal Government Act, as amended.
a) The Chief Administrative Officer shall constitute the Development
Authority for the Town and shall perform duties in accordance with
the Municipal Government Act, the Subdivision and Development
Regulation and this Bylaw.
2.1.2 For administration of this Bylaw, the Development Authority may
delegate responsibility to:
a) A designated officer, a municipal planning commission or any other
person or organization designated as the Development Officer for the
Town.
2.1.3 The position of Subdivision Authority is established in accordance with
Section 623 of the Municipal Government Act, as amended and the
Towns' Subdivision Authority Bylaw.
2.2 General Interpretation
2.2.1 Any reference in this Bylaw to other legislation or documents shall be a
reference to the bylaw or legislation then in effect and shall include all
amendments and any successor legislation.
2.3 Rules of Interpretation
2.3.1 In this Bylaw:
a) words in singular include the plural and words in the plural include
the singular, where the context requires;
b) words used in the present tense include the other tenses and
derivative forms;
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c) words using masculine gender include feminine gender and, words
using feminine gender include masculine gender;
d) words in either gender include corporations;
e) "shall", "must", and "required" are to be construed as a compulsory
obligation; subject to the variance provisions of this Bylaw pursuant
to the Municipal Government Act;
f) "may" is to be interpreted as meaning that a choice is available, with
no particular direction or guidance intended;
g) "should" is an operative word, which means that, in order to achieve
municipal goals and objectives, it is strongly advised that the action
be taken. Exceptions may be made only under extenuating
circumstances;
h) words, phrases, and terms not defined in this Section of the Bylaw
may be given their definition in the Municipal Government Act. Other
words shall be given their usual and customary meaning;
i) a "person" includes an individual, partnership, association,
corporation, firm, trustee, executor, administrator and legal
representative of a person; and
2.4
Establishment of Land Use Districts
2.4.1 The provisions of this Bylaw apply to all lands within the limits of the
Town of Tofield. All lands subject to this Bylaw are contained within
one of the following Land Use Districts:
LAND USE DISTRICTS
SYMBOL
Airport
A
Airport Overlay
A-O
Business Industrial
B-I
Downton Commercial
C-DC
General Commercial
C-GC
Highway Commercial
C-HC
Service Commercial
C-SC
Medium Industrial
M-I
Recreation
P-R
Public Services
P-S
Public Utilities
P-U
Low Density Residential
R-LD
Medium Density
R-MD
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Modular Home Residential
R-MH
Urban Reserve
U-R
2.5
Land Use Map Boundaries
2.5.1 The boundaries of the Land Use Districts are shown on the Land Use
Map shown in Part 10 of this Bylaw.
2.5.2 Where a Land Use District boundary is uncertain; it shall be located
based on the following:
a) the municipal boundaries; or
b) the edge of a property line or parcel boundary; or
c) the edge, shoreline, or high-water mark of a river, lake, or other
water body, or a topographic contour line, or a top of bank line. In the
event of change in a line, the Land Use District boundary shall
continue to align with the edge or shoreline; or
d) the centerline of a road, lane, railway, pipeline, power line, utility
right- of-way, or easement.
2.5.3 Where a Land Use District boundary is shown to be generally parallel
to, or as an extension to, any of the features listed above, it shall be
considered as such.
2.5.4 Where the Land Use District boundary is in dispute, its location shall be
determined by the Development Authority on the basis of the scale of
the Land Use District Map.
2.5.5 Where the Development Authority is unable to determine a Land Use
District boundary or overlay boundary by applying the above
provisions, they shall fix the boundary in doubt or dispute in a manner
otherwise consistent with the provisions of this Bylaw and with the
degree of detail as to measurements and directions as circumstances
require. The decision of the Development Authority may be appealed to
the Subdivision and Development Appeal Board.
2.5.6 Where a road or lane is closed, it shall have the same Land Use District
as the abutting property. When different Land Use Districts govern
abutting lands, the centerline of the road or lane shall be the boundary
unless it is shown clearly following the edge of the road or lane. If the
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road or lane is consolidated with an adjacent lot, the designation of that
lot shall apply to affected portions of the closed lane or road.
PROCEDURES
2.6
Land Use Bylaw Amendment Application
2.6.1. An application to amend the text, maps or diagrams contained within
this Bylaw may be made in writing to the Town by:
a) the owner of a lot or site; or
b) the Town.
2.6.2. The application shall be made on a form prescribed by the Town, which
shall be completed and accompanied by all required information, in
accordance with Town policies and procedures and this Bylaw.
2.6.3. A completed application shall require the following:
a) a certificate of title from within thirty (30) days prior to the
application date;
b) owner authorization and where applicable, an applicant signature;
c) a map showing the proposed change within the context of adjacent
land;
d) a written statement to describe and justify the proposal;
e) the required application and any associated fees;
f) permission for reasonable right-of-entry by Town staff for
inspection; and
g) any additional report, drawing or study that may be required, in
order to prepare, evaluate, and make a recommendation concerning
the proposed amendment. This may include, but is not limited to, an
analysis by a qualified professional of the potential effect on land use,
traffic, the environment, underground and aboveground utilities, and
other municipal services and facilities. This information may be
required to address the following:
i) consistency with the Municipal Development Plan and other
statutory plans or policies adopted by the Town of Tofield;
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ii) other Town plans and policies.
2.6.4. In addition to Section 2.6.3, at the discretion of the Town, an application
may include documentation of the opinions and concerns of adjacent
property owners and residents obtained through a public engagement
program, together with a summary of the methods used to obtain such
input.
2.6.5 An application may be considered incomplete where:
a) information required by Section 2.6.2 or 2.6.3 or 2.6.4 is not
provided;
b) the quality of the information provided is inadequate to properly
evaluate the application;
c) the Town determines that the application does not conform to an
applicable Statutory Plan. In this case the applicant may be required
to submit a complete application, fee and required plans to amend
the applicable Statutory Plan prior to an application to amend this
Bylaw being considered as complete; or
d) the Town determines that an Area Structure Plan or Area
Redevelopment Plan is required in accordance with the MDP or
Town policy. In this case the applicant may be required to submit an
Area Structure Plan or Area Redevelopment Plan prepared in
accordance with Town policy prior to considering the application to
amend this Bylaw complete.
2.6.6 Upon deeming an application complete, the application shall be
processed and an investigation and analysis of the potential effects and
impacts of the proposal will be undertaken.
2.6.7 Referral and notification of an amendment application to Town
departments, other agencies and bodies, adjacent owners and the public
shall occur in accordance with the Municipal Government Act, the
Municipal Development Plan, this Bylaw, Town policies and procedures.
2.6.8 At the discretion of the Development Authority, the applicant for an
application to amend the Land Use Map may be required to post a
notification sign on the lot or site within fourteen (14) days of an
application being deemed complete. Proof of the notification sign being
posted on the lot or site in accordance with the above shall be provided
upon placement of the sign.
All required notification signs shall:
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a) have a sign face of at least 1.2 m by 1.2 m;
b) be approved by the Town for form and content prior to installation;
c) indicate the present Land Use District, proposed Land Use District,
and a general description of the proposed uses that could be
developed under the proposed Land Use District;
d) provide the Town contact phone number;
e) be placed inside the property line in a location clearly visible from
the road;
f) be in place until the Public Hearing is completed or the application is
abandoned; and
g) be removed within seven (7) days of the completion of the Public
Hearing or abandonment of the application.
2.6.9 Where an application to amend the Land Use Map is received, a Notice
of a Public Hearing for the application in accordance with the Municipal
Government Act shall be mailed to the owners(s) of the subject lot(s)
and the owners of all lots adjacent to, and within 60 m of, the lot(s) that
is/are the subject of the proposed amendment.
2.6.10Where an application to amend the text of the Land Use Bylaw relates to
a specific parcel of land, notice of the text amendment application shall
be mailed to the owner(s) of the property that is the subject of the
application and adjacent owners in accordance with Section 2.6.9.
2.6.11A Notice of a Public Hearing for an application to amend the Land Use
Map or text of this Bylaw shall be published once a week for two (2)
consecutive weeks, at least five (5) days before the public hearing in at
least one local newspaper circulating in the Town.
2.6.12When an application to amend either the Land Use Map or the text of
this Bylaw has been defeated by Council, the Town shall not accept a
new application for the same or substantially the same amendment
until one (1) year has passed from the date the motion to amend the
Bylaw was defeated.
2.6.13 Despite Section 2.6.12, a new application may be accepted within one
(1) year of the Bylaw amendment being defeated, provided the Town is
satisfied that a new application generally addresses the reasons for the
initial Bylaw amendment being defeated.
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2.7
Subdivision Applications
2.7.1 If an application for a Development Permit requires the subdivision of
land prior to the issuance of a Development Permit, no permit shall be
issued until a plan of subdivision for the land has been registered in the
Alberta Land Titles Office.
ENFORCEMENT
2.8 General Provisions
2.8.1 No person shall contravene or permit a contravention of this Bylaw. No
person shall commence or undertake a development, use, or sign that is
not permitted by this Bylaw.
2.8.2 No person shall contravene a condition of a development permit or
subdivision approval issued under this Bylaw.
2.8.3 No person shall authorize or undertake any development that is not
compliant with the description, specifications or plans that were the
basis for the issuance of a development permit.
2.8.4 No person shall modify any description, specifications, or plans that
were the basis for the issuance of any permit by the Development
Authority.
2.9
Right of Entry
2.9.1
Upon reasonable notice (generally to mean 48 hours) to the owner or
occupant, in accordance with the Municipal Government Act, the
Development Authority or designate may enter property at
reasonable times (generally to mean 7:30 a.m. to 10:00 p.m.) to
ascertain if Bylaw requirements are being met.
2.9.2
A person shall not prevent or obstruct the Development Authority or
designate from carrying out any official duty under this Bylaw. If
consent is not given, the Town may apply to the Court of Queen's
Bench for an authorizing order.
2.10 Violation Warning
2.10.1A Designated Officer may issue a violation warning for minor offences
by outlining the nature of the violation, corrective measures that may
be taken, and the deadline for corrective measures.
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2.11 Warning and Final Warning Notice
2.11.1A Designated Officer may issue a warning notice or a final warning
outlining the nature of the violation, corrective measures that may be
taken, and the deadline for corrective measures, or both.
2.12 Offenses and Fines
2.12.1A person who violates the provisions of this Bylaw or permits a
contravention of this Bylaw, is guilty of an offence and is liable to a fine
for a first offence and for each subsequent offense as specified in the
Fees for Services Bylaw.
2.13 Stop Orders
2.13.1 On finding that a development, land use, or use of a building does not
conform with the Municipal Government Act or its regulations, the Land
Use Bylaw, a development permit or subdivision approval or the
conditions of either, the Development Authority may, by written notice,
direct the owner of the property, the person in possession of the land,
building, or sign, or the person responsible for a contravention or any
or all of them, to:
a) stop the development or use of the land or building in whole or part
as directed by the notice;
b) demolish, remove, or replace the development; or
c) carry out any other actions required by the notice for compliance, in
accordance with Section 645(2) of the MGA, as amended.
2.13.2 The notice shall specify a deadline for compliance.
2.13.3 A person who receives the notice may appeal to the Subdivision and
Development Appeal Board.
2.14 Enforcement of Stop Orders
2.14.1If a person fails or refuses to comply with the order of the Development
Authority or the Subdivision and Development Appeal Board, the Town
may enter on the land or building and take any action necessary to
carry out the order.
2.14.2The Town may register a caveat against the certificate of title for the
land that is subject to the order, provided that the caveat is discharged
when the order has been complied with.
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2.14.3The Town's costs of carrying out any actions required for compliance
may be added to the tax roll of the land subject to the order.
2.15 Sign Enforcement
2.15.1 The Development Authority or designate may enforce the conditions of
a development permit for a sign in accordance with Part 8 of this Bylaw.