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CITY OF PRINCE ALBERT
BYLAW NO. 15 OF 2020
Disclaimer:
This consolidation is not an Official Copy of the Bylaw. Amendments
have been incorporated solely for research convenience purposes only.
Original Bylaw and amendments are available from the City Clerk's
Office and must be consulted for purposes of interpretation and
application of the law.
Subdivision Bylaw
BYLAW NO. 15 OF 2020
Including the Following Amendments:
AMENDMENTS
DATE PASSED
OFFICE CONSOLIDATION
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City of Prince Albert
Bylaw No. 15 of 2020
A Bylaw of The City of Prince Albert to regulate the
subdivision of land.
Whereas The Planning and Development Act, 2007 provides that the Council, may
by Bylaw, make regulations not inconsistent with said Act for controlling the subdivision
of land.
NOW THEREFORE, THE COUNCIL OF THE CITY OF PRINCE ALBERT IN
OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
Title and Interpretation
1.
This bylaw shall be known as "The City of Prince Albert Subdivision Bylaw" and
may be cited as the "Subdivision Bylaw".
2.
For the purposes of this bylaw, words in the present tense include the future tense;
words in the singular include the plural; and words in the plural include the singular. The
expression "shall" is to be construed as imperative, and the expression "may" as
permissive. The words "used" or "occupied" shall also mean "intended" or "arranged" and
"designed to be used or occupied". Words in the masculine gender shall include the
feminine gender or any gender identity, as required.
Scope
3.
(1)
The regulations contained in this Bylaw shall apply to all land located within
the corporate limits of the City of Prince Albert.
(2)
All approved applications shall conform to the provisions of this Bylaw, the
Zoning Bylaw, the Act and any other relevant policy, bylaw, or legislation.
Definitions
4.
(1)
In this Bylaw:
a)
"Act" means The Planning and Development Act, 2007, as may be
amended from time to time;
b)
"Approving Authority" means the Development Officer, City Manager
or their designate, or City Council, as the context requires;
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c)
"City of Prince Albert, The City of Prince Albert, or City" means the
urban municipality of the City of Prince Albert or the land lying within the
corporate limits of the City of Prince Albert, as the context requires;
d)
"City Council" means the Council of the City of Prince Albert;
e)
"City Clerk" means the City Clerk for the City of Prince Albert and
anyone acting or authorized to act on the City Clerk's behalf;
f)
"Dedicated Lands Regulations" means The Dedicated Lands
Regulations, 2009, as may be amended from time to time;
g)
"Descriptive Plan Type II" means a Descriptive Plan Type II as
defined in The Land Surveys Act, as may be amended from time to time;
h)
"Development Officer" means the Director of Planning and
Development Services, or anyone authorized by the Director of Planning
and Development Services to administer this Bylaw;
i)
"Letter of Approval" means the official document issued to an
applicant upon successful completion of a subdivision application;
j)
"lot" means a lot as defined in the Zoning Bylaw;
k)
"parcel tie" means a parcel tie as defined in the Act;
l)
"Plan of Proposed Subdivision" means a graphical plan prepared in
accordance with this bylaw and may be referred to as a PPS;
m)
"Plan of Survey" means a plan of survey as defined by the Land
Surveys Act, 2000;
n)
"Regulations" means The Subdivision Regulations, 2014, as may be
amended from time to time;
o)
"standing body of water" means a lake, pond, reservoir, lagoon,
swamp, marsh or any other area containing standing surface water, either
permanently or intermittently;
p)
"subdivision" means the subdivision of land as defined by the Act,
which includes consolidation and the creation or elimination of parcel ties;
q)
"utility line" means a water or gas transmission pipe, an electrical
supply cable, a telecommunications transmission line or a sewage pipe,
whether privately or publicly owned, providing service to property in the
municipality or in an immediately adjacent area and located in the ground
or overhead, and includes any facilities that are required to enable the local
delivery of the utility;
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r)
"watercourse" means a river, stream, creek, gully, ravine, spring,
coulee, valley floor, drainage ditch or any other channel having a bed and
sides or banks in which water flows either permanently or intermittently; and
s)
"Zoning Bylaw" means The City of Prince Albert Zoning Bylaw No. 1
of 2019 as may be amended from time to time.
(2)
Unless the context otherwise requires and subject to Subsection (1), terms
and expressions used in this Bylaw shall have the same meaning as in the Act or
the Zoning Bylaw.
Register
5. The Development Officer shall maintain a register of subdivision applications.
Compliance with Other Legislation
6. Compliance with any of the requirements in this Bylaw does not exempt or
preclude compliance with:
a)
The requirements of any other relevant federal, provincial or
municipal legislation or regulation; or
b)
Any order, permit, license, permission, approval, easement,
covenant, agreement, contract, or similar legal document affecting a
development.
Approving Authority
7. (1)
The Subdivision Bylaw shall be interpreted and applied by the Development
Officer.
(2)
The approval of subdivision applications shall be in accordance with the
following:
a)
A subdivision application requiring a Descriptive Plan Type II shall
be approved by the Development Officer;
b)
A subdivision application requiring a plan of survey for up to two (2)
lots shall be approved by the City Manager; and
c)
A subdivision application requiring a plan of survey for three (3) or
more lots shall approved by City Council.
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Approval Required
8. (1)
Before the owner of a parcel land may alter the physical or legal boundaries
of a parcel, an approved subdivision application shall be required in accordance
with this Bylaw.
(2)
If any documentation related to a subdivision application expires and can
no longer be renewed, a new application may be required.
Letter of Approval
9. (1)
A Letter of Approval shall be issued to an applicant once the application has
been approved and all requirements have been met.
(2)
A Letter of Approval shall be valid for a period of twenty-four (24) months
from the date of issuance.
(3)
Should the Letter of Approval expire, it may be reissued once, subject to
review by the Development Officer and payment of the applicable fees.
Exemptions
10. At the discretion of the Approving Authority, relief from compliance, in whole or in
part, with any requirement of this Bylaw may be provided in accordance with Section 133
of the Act.
Fees
11. (1)
The fees for a subdivision application requiring a Plan of Proposed
Subdivision or Plan of Survey shall be as follows:
a)
An application fee of $300.00; and
b)
A review fee for each lot created of $150.00.
(2)
The fee for a Descriptive Plan Type II subdivision application is $150.00.
(3)
The fee for the reissuance of a Letter of Approval is $150.00.
(4)
All fees are non-refundable.
Inspections
12. Any land included in a subdivision application is subject to inspection by the
Development Officer, who may, at any reasonable time, enter onto the land for the
purpose of obtaining information pertaining to the proposed subdivision.
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Application Requirements
13. (1)
An application for a subdivision shall include the following:
a)
a subdivision application form;
b)
a Plan of Proposed Subdivision (PPS) that includes the information
detailed in Section 20 of this Bylaw or a Descriptive Plan Type II;
c)
the appropriate fees; and
d)
at the discretion of the Development Officer:
i.
a current copy of the title; or
ii.
a digital copy of the PPS.
(2)
In addition to Subsection (1), an application for the removal or creation of a
parcel tie may require written justification.
(3)
In addition to Subsections (1) and (2), for the subdivision of land on which
a ministry, government agency or Crown corporation has an interest, or a
responsibility for, the Development Officer may request that the applicant provide
proof of consultation or a letter of approval regarding the proposed subdivision.
Incomplete Application
14. (1)
If the Development Officer deems an application incomplete, the
Development Officer shall request the required information, and the review
process may be held until the information is submitted.
(2)
If the Development Officer does not receive the required information within
three (3) months of the date of the initial request, the Development Officer shall
notify the applicant in writing, that:
a)
the application remains incomplete; and
b)
the applicant has 30 days to provide the required information or the
subdivision application may be refused.
Application Submission, Review and Consideration
15. (1)
An application shall be submitted to the Development Officer for processing
and review as follows:
a)
The Development Officer shall verify that all the required information
has been submitted prior to the commencement of the review. Incomplete
applications shall be in accordance with Section 14 of this Bylaw;
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b)
The Development Officer shall review the application in accordance
with the regulations contained in this Bylaw;
c)
The Development Officer may forward the application and any
related information to other City departments, or any agency deemed
necessary, for review and comment; and
d)
Upon successful completion of the review process, the Development
Officer may request that the Plan of Survey be submitted for final
consideration and execution, and the application shall be deemed
complete.
(2)
The Approving Authority shall render a decision regarding a complete
application within ninety (90) days from the date on which the application was
considered complete.
(3)
The Approving Authority shall consider the application's conformity to the
regulations contained in this Bylaw, the Act, and any comments provided by other
City departments or any other party or agency that participated in the review of the
application.
(4)
The Approving Authority may approve, approve in part, approve with
conditions, or refuse an application in accordance with Section 128 of the Act.
(5)
A Letter of Approval will be issued to the applicant and the Plan of Survey
shall be executed.
(6)
Once the Letter of Approval has been issued and the Plan of Survey
executed, the applicant shall be responsible for submitting the necessary
information to Information Services Corporation for processing.
(7)
An interest that details the conditions of approval or any exemptions to this
Bylaw may be registered with Information Services Corporation.
Reapplication
16. In the event that an application is approved with conditions, refused or revoked,
and the decision is not appealed in accordance with Subsection 26 of this Bylaw, no
subsequent application for the same site, which in the opinion of the Development Officer
is substantially the same or similar, may be submitted within six (6) months of the date of
the original decision.
Limitations on Approval
17. Limitations on approval shall be in accordance with Section 128 of the Act.
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Revocation of Approval
18. Revocation of approval shall be in accordance with Section 132 of the Act.
Subdivision, Development and Servicing Agreements
19. If it is determined by the Approving Authority that a Servicing Agreement is
required, the agreement shall be written in accordance with the regulations contained in
Sections 172 to 176 of the Act.
Plan of Proposed Subdivision, Plan of Survey and Descriptive Plan Type II
20. (1)
A PPS shall be prepared in accordance with the following:
a)
A PPS shall be prepared and approved by:
i.
A Saskatchewan land surveyor as defined in The Land
Surveyors and Professional Surveyors Act; or
ii.
A registered professional planner as defined in The
Community Planning Profession Act, 2013;
b)
A PPS shall provide the following information:
i.
The area, location, dimensions and boundaries of the land to
be subdivided, which includes any parcel being created or modified;
ii.
The location and dimensions of adjacent parcels and
registered plans, including all streets, lanes and blocks with their
designations;
iii.
Any distances in metres and decimals thereof;
iv.
Any area in square metres or hectares, whichever is more
appropriate for the scale of the subdivision;
v.
Any parcel numbers and the full legal descriptions for the land
to be subdivided and the remainder parcel;
vi.
The orientation of true north; and
vii.
The date of the preliminary survey;
c)
A PPS shall show the following as it pertains to the application:
i.
The location of existing permanent buildings and other
developments;
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ii.
Any registered easements located on the land to be
subdivided and the remainder parcel;
iii.
Any watercourses and standing bodies of water, the level of
water at the date of preliminary survey, and all titled and current
banks;
iv.
The approximate outline of wooded areas;
v.
The location of existing water wells and on-site sewage
disposal systems, including any effluent discharge points;
vi.
The approximate location of all existing and proposed bridges
and road crossings over a watercourse;
vii.
The location, dimensions, area and boundaries of the
following:
A.
dedicated land, if any;
B.
all existing or proposed utility lines and the right-of -way
for each utility line;
C.
all existing or proposed railway lines or spur tracks;
D.
all provincial highways and public highways;
E.
all streets, roads and lanes; and
viii.
The proposed or eventual interchange, service road or road
widening if the proposed subdivision abuts:
A.
a provincial highway that is designated by the minister
responsible for the administration of The Highways and
Transportation Act, 1997 for an interchange, service road or
road widening; or
B.
a public highway that is designated by the municipality
for an interchange, service road or road widening;
ix.
Spot elevations or contours, located at critical points across
the parcel and on any abutting parcels as required; and
d)
At the discretion of the Development Officer, any other information
considered relevant to the subdivision application.
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(2)
A Plan of Survey shall be titled "Plan of Survey" and include:
a)
The same information required for the PPS;
b)
The words:
"Examined and approved under the provisions of Bylaw No. of
of the City of Prince Albert, this
day of
, A.D."; and
c)
An appropriate amount of space for the signatures of the Mayor and
City Clerk, as well as the City's corporate seal.
(3)
A Descriptive Plan Type II application form, as provided by Information
Services Corporation, shall be completed in full upon submission.
Site Suitability Criteria
21. (1)
The Approving Authority shall consider the following as it pertains to the
feasibility of the proposed subdivision:
a)
topography and soil characteristics;
b)
the management of surface and subsurface drainage;
c)
any potential flooding, subsidence, landslides and erosion;
d)
the availability, adequacy and economic provision of municipal
services, which includes but is not limited to, water, sewer and storm water
infrastructure;
e)
the existing and prospective uses of land in the vicinity;
f)
the provision for land for access, streets, and lanes;
g)
the protection of provincial highways and major roads;
h)
the separation of pedestrian and vehicular traffic and of traffic flow
between major and minor streets and the protection of public safety by
ensuring adequate sight distances at intersections;
i)
the design and orientation of the subdivision, including the size and
shape of each parcel;
j)
the need to minimize the likelihood of air, water, source water or soil
pollution by the subdivision or the need to protect the subdivision from such
pollution by outside influences;
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k)
the anticipated need on municipal reserve for school sites,
recreational facilities and parks;
l)
the proposed storage, use or transmission of chemicals, flammable
liquids or radioactive materials licensed by the Canadian Nuclear Safety
Commission;
m)
the protection of critical fish and wildlife habitat;
n)
the protection of significant natural, historical, cultural or heritage
features;
o)
the locations, separations and buffering for the proposed uses with
respect to:
i.
transportation infrastructure, including highways, railways,
distribution lines and airports; and
ii.
landfills, water and waste water treatment facilities; and
p)
distribution lines and airports.
(2)
In addition to the regulations contained in Subsection (1), the subdivision of
hazardous lands shall also be in accordance with Section 130 of the Act.
Street and Lane Design Criteria
22.
(1)
Streets and lanes shall be designed and installed in accordance with the
regulations contained in The City of Prince Albert Master Specifications, The City
of Prince Albert Design Standards, and The City of Prince Albert Standard Detail
Drawings.
(2)
Where required, streets and lanes shall be designed with chamfered
corners, measured back three (3) metres from where the intersecting lines of the
streets or lanes meet.
Lot and Block Design Criteria
23.
(1)
Lots and blocks shall be designed to maximize the use of space, and for the
ease of serviceability, as well as the movement of both vehicular and pedestrian
traffic.
(2)
Lot width and area shall be in accordance with the applicable zoning district
in the Zoning Bylaw for the subject parcel.
(3)
The maximum length of a lot located in a residential zoning district or in the
RMU - Residential Mixed Use Zone shall not exceed three (3) times the width.
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(4)
The maximum length of a lot located in a commercial zoning district or in
the CMU - Commercial Mixed Use Zoning District shall not exceed four (4) times
the width.
(5)
Notwithstanding Subsections (3) and (4), two unit dwellings that are
subdivided along the common wall may have a maximum length of five (5) times
the frontage.
(6)
Except for in a residential or commercial zoning district, or in the RMU -
Residential Mixed Use Zoning District or the CMU - Commercial Mixed Use Zoning
District, there shall be no maximum lot length.
(7)
Lots shall be designed to have lines that meet at 90 degrees. Exceptions
may be made by the Approving Authority where topography does not facilitate this
or where lots are required to accommodate typical street design.
(8)
The creation of lots with double frontage or "through lots" shall be at the
discretion of the Approving Authority and a buffer strip may be required in
accordance with Section 4.5 of The City of Prince Albert Zoning Bylaw.
(9)
Block length shall be in accordance with the regulations contained in The
City of Prince Albert Design Standards.
Walkway Design Criteria
24.
(1)
At the discretion of the Approving Authority, the installation of walkways may
be required within a subdivision and, in accordance with the Act, walkways shall
be held in the name of the Crown or the City.
(2)
Walkways shall provide secondary, pedestrian access to parks, open space
and schools, and facilitate convenient movement throughout a subdivision, and:
a)
the location of walkways shall be at the discretion of the Approving
Authority;
b)
wherever possible, walkways shall accommodate public utilities and
may accommodate dedicated land; and
c)
walkways shall have a minimum width of seven (7) metres.
Dedicated Land
25.
Dedicated land shall be in accordance with Section 177 to 212 of the Act, the
Dedicated Lands Regulations and the Zoning Bylaw.
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Right to Appeal and Appeal Procedure
26.
(1)
Applicants shall have the right to appeal in accordance with Section 228 of
the Act.
(2)
Appeals shall be administered in accordance with Section 228 to 232 of the
Act.
(3)
An application for an appeal may be submitted to the City Clerk within thirty
(30) days of the date of the decision.
Offenses and Penalties
27.
(1)
Failure to comply with the regulations contained in this Bylaw may result in
the issuance of a Planning and Development Act Order to Remedy Contravention.
(2)
An Order to Remedy Contravention under this Bylaw shall be enforced in
accordance with Sections 242 to 244 inclusive of the Act.
Repeal
28.
Bylaw No. 37 of 1960 is hereby repealed.
Coming into Force
29.
This Bylaw shall come into force and effect subject to approval by the Minister of
Government Relations.
INTRODUCED AND READ A FIRST TIME THIS 24th DAY OF August, A.D., 2020.
READ A SECOND TIME THIS
24th
DAY OF August
, A.D., 2020.
READ A THIRD TIME THIS
24th
DAY OF
August
, A.D., 2020.
"Greg Dionne"
"Sherry Person"
MAYOR
CITY CLERK