A Bylaw of the City of Regina to Regulate and Control the Subdivision of Land (No. 7748, consolidated to Jul 29, 2020)
Regina, Saskatchewan
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Bylaw No. 7748
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Office Consolidation
A BYLAW OF THE CITY OF REGINA
TO REGULATE AND CONTROL THE SUBDIVISION OF LAND
No. 7748
Including Amendments to July 29, 2020
This Bylaw has been consolidated under the authority of the City Clerk. It represents
proof, in absence of evidence to the contrary of:
a) the original bylaw and of all bylaws amending it; and
b) the fact of passage of the original and all amending bylaws.
and must be consulted for purposes of interpretation and application of the law.
AMENDMENTS
DATE PASSED
MINISTER APPROVED
Bylaw No. 7811
June 11, 1984
June 25, 1984
Bylaw No. 7926
January 21, 1985
February 21, 1985
Bylaw No. 8149
November 9, 1985
January 15, 1986
Bylaw No. 8375
February 12, 1987
February 24, 1987
Bylaw No. 8743
November 14, 1988
March 10, 1989
Bylaw No. 8816
March 19, 1989
April 14, 1989
Bylaw No. 9122
December 3, 1990
January 16, 1991
Bylaw No. 9281
December 16, 1991
January 8, 1992
Bylaw No. 9435
December 14, 1992
December 23, 1992
Bylaw No. 9533
August 30, 1993
September 20, 1993
Bylaw No. 9537
September 20, 1993
October 7, 1993
Bylaw No. 9666
December 19, 1994
Bylaw No. 9761
December 18, 1995
Bylaw No. 9862
January 20, 1997
Bylaw No. 10174
December 20, 1999
Bylaw No. 10263
December 18, 2000
Bylaw No. 2003-3
January 27, 2003
February 12, 2003
Bylaw No. 2005-45
June 20, 2005
July 21, 2005
Bylaw No. 2008-70
November 3, 2008
January 27, 2009
(Repealed by 2009-18)
Bylaw No. 2009-11
Not Approved
(Repealed by 2009-18)
Bylaw No. 2009-18
April 6, 2009
June 16, 2009
- 2 -
AMENDMENTS
DATE PASSED
MINISTER APPROVED
Bylaw No. 2011-64
December 19, 2011
Bylaw No. 2016-45
June 27, 2016
July 28, 2016
Bylaw No. 2020-28
July 29, 2020
TABLE OF CONTENTS
PAGE
1.
Subdivision of Land ................................................................................................................. 1
2.
Definitions ................................................................................................................................ 1
Part I - Application and Approval Procedure ...................................................................................... 3
3.
Application for Approval of a Subdivision ............................................................................. 3
3A.
Subdivision Approval Authority ............................................................................................. 5
4.
Subdivision Approval Procedure ............................................................................................. 6
4A.
Public Notification Signage ..................................................................................................... 8
5.
Application for Approval of Severance ................................................................................... 9
6.
Severance Approval Procedure............................................................................................... 10
7.
Subdivision and Severance Approval ..................................................................................... 11
8.
Examination Fees (Repealed) ................................................................................................. 11
9.
Appeal ..................................................................................................................................... 12
Part II - General Provision Applicable to
Subdivision of Land ................................................................................................... 12
10.
Suitability of Land................................................................................................................... 12
11.
Need for Subdivision .............................................................................................................. 13
12.
Access to Lots and Parcels ...................................................................................................... 14
13.
Public and Municipal Reserves .............................................................................................. 14
14.
Environmental Reserves ......................................................................................................... 15
15.
Buffer Strips ............................................................................................................................ 16
16.
Public Streets ........................................................................................................................... 17
17.
Lanes, Walkways .................................................................................................................... 19
18.
Vesting .................................................................................................................................... 20
19.
Lots and Parcels ...................................................................................................................... 20
20.
Replotting and Required Subdivisions ................................................................................... 20
21.
Servicing Agreement .............................................................................................................. 21
22.
Residential Subdivision Restrictions ...................................................................................... 21
23.
Severability.............................................................................................................................. 22
BYLAW NO. 7748
A BYLAW OF THE CITY OF REGINA
TO REGULATE AND CONTROL THE
SUBDIVISION OF LAND
_____________________________________
WHEREAS The Planning and Development Act, 1983, provides that Council may
by Bylaw make regulations not inconsistent with the provisions of the said Act or any
regulations made pursuant thereto, for regulating and controlling the subdivision of land.
(#2003-3, s. 3, 2003)
NOW, THEREFORE, THE CITY OF REGINA ENACTS AS FOLLOWS:
1.
SUBDIVISION OF LAND
Any owner proposing to subdivide any land within the corporate limit of the City of
Regina for the purpose of lease, sale, transfer, use or development, shall make
application for approval of the subdivision to the City of Regina in accordance with
the following regulations and The Planning and Development Act, 2007.
(#2003-3, s. 3, 2003, #2016-45, s. 2, 2016)
2.
DEFINITIONS
In these regulations:
1)
"Act" means The Planning and Development Act, 2007.
2)
"Arterial Street" means a street or roadway designed to carry traffic from one
area of the City to another, with intersections at grade.
3)
"City Clerk" means the City Clerk of the City of Regina.
4)
"City Council" or "Council" means the Council of the City of Regina.
5)
"Collector Street" means a street or roadway designed to intercept, collect
and distribute traffic between local and arterial streets, with direct access to
abutting properties.
6)
"Commission" means the Regina Planning Commission.
7)
"Controlled Access Arterial Street" means a street or roadway designed to
carry traffic from one area of the City to another, with full or partial control
of access.
8)
"Cul-de-sac" means a minor residential dead-end street with one end open to
traffic and with a turnaround at the other end.
- 2 -
9)
Development Officer" means the Executive Director of City Planning and
Development or his or her designate.
10)
Repealed.
11)
"Environmental Reserve" means a parcel of land as defined by section 185
of the Act.
12)
"Industrial Street" means a street designed primarily to provide access to
abutting industrial property.
13)
"Lane" means a public highway intended primarily to provide access to the
rear of abutting properties and does not include a road allowance, road or
street.
14)
"Minor Residential Street" means a residential street designed to provide
access to a limited number of abutting residential properties.
15)
"Municipal Reserve" means a parcel of land dedicated to the public use and
owned by the City.
16)
"Public Reserve" means a parcel of land dedicated to the public use and
owned by the Crown.
17)
"Residential Street" means a street designed primarily to provide access to
abutting residential property.
18)
"Service Street" means a street or roadway contiguous and generally parallel
to a highway, expressway and controlled access arterial street, designed to
intercept, collect and distribute traffic desiring to cross, enter, or leave such
major roadways.
19)
"Severance" means:
(a)
the subdivision of one lot, block or portion thereof into two "sites"
having contiguous frontage on a street, or
(b)
the subdivision of a portion of a lot or block and the consolidation of
the portion severed with an immediately adjacent site having
contiguous frontage on a street.
19A) "Site" means a lot or large area of land developed or intended to be
developed as one unit.
20)
"Subdivision" means any division of land and includes a 'severance' as
herein defined.
- 3 -
21) "Walkway" means a parcel of land as described in section 201 of the Act.
(#8149, ss. 1 and 2, 1985; #8743, s. 1, 1988; #2003-3, ss.3 and 5, 2003,
#2011-64, s. 4, 2011, #2016-45, ss. 3, 4, 5 and 6, 2016)
PART I
APPLICATION AND APPROVAL PROCEDURE
3.
APPLICATION FOR APPROVAL OF A SUBDIVISION
1)
Each application shall be accompanied by documents in writing including
the following:
a)
a full-scale plan of proposed subdivision and a 21.6 cm x 27.9 cm
photo mechanical transfer of the plan;
b)
the appropriate examination fee as provided for in The Development
Application Fee Bylaw, 2008;
c)
the names and addresses of the owner or owners of the land to be
subdivided, and if requested, an abstract of title of the land affected;
d)
a written report on the proposed subdivision including the following:
i)
the need for the subdivision;
ii)
the suitability of the land for the proposed development
including a general description of existing topographic and
physical features in the area;
iii)
an explanation of the proposed development including
anticipated
population
densities,
school
population
projections and the relationship of the development to
existing and proposed services, road networks and land uses
in the immediate environs;
iv)
the feasibility and approximate cost of installation of
engineering and utility services including design and
standards of services to be required, the services to be
installed by the owner and the City and the approximate time
of installation of such services.
- 4 -
2)
Where the proposed subdivision is part of a larger area, in the same
ownership, the whole of which may eventually be subdivided, the developer
shall submit an overall concept plan for the whole area for approval by City
Council prior to approval of the subdivision. The overall concept plan shall
include the following information:
a)
an overall concept plan showing the general scheme of the
subdivision designating the parts intended for different classes of
land use for the whole area drawn on a metric scale of 1:2000 or
1:5000 as may be most appropriate to clearly show the content of the
plans with contour intervals of 0.5 metres or less referred to a stated
geodetic datum and including such features as major and collector
roads and streets, bus routes, parks, school sites, major commercial
facilities, multi-family developments, major drainage and other
particulars or data as may be required by the regulations herein or by
the Development Officer;
b)
a report on the overall concept plan including population densities
for different classes of residential use, school population projections,
and the relationship of the overall development to existing and
proposed services and facilities, road network and the land uses in its
immediate environs and to the City as a whole.
3)
Such other information or data as may be required by the regulations herein
or by the Development Officer.
4)
The plan of proposed subdivision shall be drawn to a metric scale of 1:500,
1:1000, or 1:2000 as may be appropriate to clearly show the intent of the
plan and shall include the following information:
a)
a
title
with
the
words
"Proposed
Subdivision
of
______________________________";
b)
the words, "the subdivision proposed herein (outlined in red) is
approved under the provisions of Bylaw No. ______ of the City of
Regina, dated this ______ day of ____________________ A.D.
20___. City Clerk _____________. This approval is valid for a
period of two years from date of issuance of approval;"
c)
the signature of the owner or owners and of a Saskatchewan Land
Surveyor or a professional planner who is a member of the
Saskatchewan Professional Planners Institute;
d)
the scale to which the plan is drawn, the north point clearly indicated
and the date on which the plan was prepared including the date of
any revision to the plan;
- 5 -
e)
the boundaries of the area to be subdivided including the calculated
hectarage of the area and any public reserves;
f)
i)
contour intervals of 0.5 metres referred to a stated geodetic
datum for the land to be subdivided. Where data is available,
contour lines shall extend beyond the land to be subdivided a
distance equal to one half of the width and length of the
subdivided portion or 150 metres, whichever is the lesser; or
ii)
where the slope of the land is regular, give the elevation of
the land at each change of direction along the boundary of
the land to be subdivided;
g)
the location and dimensions of any existing permanent structures and
buildings;
h)
topographic and physical features including drainage channels, creek
bed, open bodies of water and their normal and high water level
elevations, wooded areas, and the location and dimensions of
existing pipelines, utility, road and railway rights-of-way for the land
to be subdivided;
i)
the locations, dimensions and designation of every proposed street,
lane, lot, block, public reserve or other unit of land;
j)
distances in metres and decimals thereof and areas in square metres
or hectares, as may be appropriate to the scale of the plan and the
areas involved;
k) such other features, particulars or data as may be required by the
regulations herein or the Development Officer.
(#8149, s. 3, 1985; #8816, s. 1, 1989; #9533, s. 1, 1993; #2003-3, ss. 4, 6, 7 and 8, 2003,
#2016-45, ss. 7 and 9, 2016)
3A.
SUBDIVISION APPROVAL AUTHORITY
1)
Council hereby delegates to the Development Officer the responsibility to
exercise or carry out all of the powers and duties of Council as an
approving authority for subdivision applications as provided in this Bylaw.
2)
The Development Officer shall serve as the approving authority for the
following types of applications for a subdivision certificate of approval:
- 6 -
a)
subdivisions or consolidations by plan;
b)
re-issuance of certificates of approval; and
c)
registration of leases pursuant to section 121 of the Act.
3)
City Council shall serve as the approving authority for the following types
of subdivision applications:
a)
any application listed in subsection (2) that the Development
Officer concludes should be denied; and
b)
any other subdivision application that, in the opinion of the
Development Officer, should be reviewed by Council.
4)
In acting as the approving authority for subdivisions described in
subsection (2), the Development Officer shall have all of the powers
accorded to a subdivision approving authority in the provisions of the Act,
including the authority to:
a)
require, waive or defer public or municipal reserve as set out in
sections 186, 187, and 190 of the Act; and
b)
waive provisions of this Bylaw in accordance with section 133 of
the Act."
(#2003-3, s. 9, 2003, #2016-45, ss. 9 and 10, 2016)
4.
SUBDIVISION APPROVAL PROCEDURE
1)
A draft application may be made to the Development Officer for the purpose
of review, advice and information to assist the applicant prior to making
formal application for the approval of the subdivision.
2)
A formal application for approval of a subdivision shall be made in writing
to the Development Officer who shall keep a register of subdivision
applications.
3)
A subdivision application shall be:
a)
approved;
b)
approved in part;
- 7 -
c)
approved subject to:
i) the conditions authorized by section 172 of the Act; or
ii) compliance with a directive issued pursuant to section 130 of the
Act; or
d)
refused;
within 90 days from the day on which the application is determined
to be in its complete and final form.
4)
An application is deemed to be in complete and final form when all
application and examination fees and information required of the applicant
by the Development Officer have been received.
5)
The Development Officer shall refer the application to, and request the
technical comments of the appropriate City departments, utility agencies,
and provincial and federal departments and agencies.
6)
Due consideration will be given to the technical comments received from the
affected departments and agencies.
7)
For those applications in subsection 3A. 3) where Council acts as the
approving authority, the Development Officer shall submit a report to the
Regina Planning Commission for a recommendation to Council. The
Development Officer shall notify the applicant of Council's decision and
in the case of an approval, shall provide a certificate of approval and an
endorsed plan of proposed subdivision as set out in subsection 12).
8)
For those applications where the Development Officer acts as the approval
authority, the Development Officer shall, by letter, inform the applicant of
the intended decision, along with any proposed conditions authorized by
sections 130 and 172 of the Act.
9)
If the applicant disagrees with a condition of approval proposed by the
Development Officer, the applicant may, within 30 days of the date of the
letter referred to in subsection 8), request that the matter of the condition
be referred to Council for consideration.
10)
Upon receipt of a request for Council review of a condition, the
Development Officer shall refer the matter of the condition directly to
Council for review. The scope of Council's review shall be limited to the
appropriateness of the condition, and Council shall, in its discretion,
confirm, vary or remove the condition.
- 8 -
11)
Upon receipt of a decision of Council made pursuant to subsection 10) and
upon execution of a servicing agreement between the City and the
applicant (where such agreement is a condition of approval), the signature
of the City Clerk shall be endorsed on the plan of proposed subdivision,
together with the seal of the City and the approval date.
12)
A certificate of approval signed by the City Clerk and the endorsed plan of
proposed subdivision shall be forwarded to the applicant by the
Development Officer.
13)
Council shall forward a copy of any decision:
a)
refusing an application for subdivision;
b)
approving an application for subdivision in part;
c)
approving an application for subdivision subject to development
standards issued pursuant to section 130 of the Act; or
d)
revoking an approval of a proposed subdivision;
to the applicant by registered mail or personal service and shall, at the same
time, advise the applicant of his right to appeal pursuant to section 228 of
the Act.
14)
Council or the Development Officer may, where they consider it advisable,
revoke an approval of a proposed subdivision where:
a)
the plan of subdivision has not been approved by the Controller of
Surveys; or
b)
title to the land has not been issued;
and the Development Officer shall, by registered mail, promptly notify the
applicant and the Controller of Surveys accordingly.
15)
Subject to the other provisions of the Act, Council or the Development
Officer may relieve the applicant from compliance with any applicable
subdivision regulation which is considered impractical or undesirable
because of circumstances peculiar to a proposed subdivision.
16)
Where a subdivision application is approved with specific development
standards pursuant to section 130 of the Act, refused or revoked and the
decision is not appealed, no subsequent application, which is substantially
the same as the application already determined shall be made within six
months of the date of the decision.
- 9 -
(#7811, s. 1, 1984; #8149, s. 4, 1985; #8816, s. 1, 1989; #9533, s. 1, 1993; #2003-3, s. 10,
2003, #2016-45, ss. 11, 12, 13 and 14, 2016)
4A.
Repealed (#2020-28, s.23, 2020)
5.
APPLICATION FOR APPROVAL OF SEVERANCE
1)
An application to Council for approval of a severance shall be made in
writing to the Development Officer.
2)
Each application shall be accompanied by documents in writing including
the following:
a)
the appropriate examination fee as provided for in The Development
Application Fee Bylaw, 2008.
b)
the names and addresses of the owner or owners of the land to be
severed;
c)
the reason for the severance and the proposed use of the land;
d)
a surveyor's certificate in the case of existing buildings or structures
if in the opinion of the Development Officer, the proposed severance
may affect any requirements of the City's Zoning and Building
Bylaws;
- 10 -
e)
a plan of proposed subdivision or a sketch plan that shows:
i)
the location, dimension and boundaries of the land to be
subdivided and of the new parcel to be created;
ii)
the existing and proposed land uses on and adjacent to the
site;
iii)
the location of existing buildings on the land to be
subdivided;
iv)
any adjacent subdivision;
v)
prominent natural features;
vi)
the location of existing or proposed utility lines and the right-
of-way of each such utility line;
vii)
the location and dimensions of highways, streets and roads;
f)
such other information or data as may be required by the regulations
herein or by the Development Officer.
(#2003-3, ss. 4 and 12, 2003, #2016-45, s. 16, 2016)
6.
SEVERANCE APPROVAL PROCEDURE
1)
A severance application shall be approved or refused within 30 days from
the date of receipt of the application.
2)
Upon receipt of a severance application the Development Officer shall
examine the application and certify the application if it complies with the
following provisions:
a)
the proposed division of land does not alter the direction of frontage
of any existing property;
b)
the proposed division of land will not change the limit of any street
or lane or affect in any way public utilities or utility rights-of-way;
c)
the proposed division of land will not establish any conditions
contrary to the requirements of any regulations contained herein or
any other bylaw or regulations of the City of Regina.
3)
Repealed.
- 11 -
4)
In cases where hectarage assessment is applicable, such payment shall be
made to the City through the execution of a servicing agreement prior to
approving the severance application.
5)
Upon certification by the Development Officer the severance application
shall be deemed to be approved and the City Clerk shall execute the form of
approval on behalf of the City.
6)
A letter of approval of the severance application shall be forwarded to the
applicant by the City Clerk.
7)
Repealed.
8)
Where the Development officer is unable to certify a severance application
because of non-compliance with the regulations herein, he or she shall deny
approval of the application and notify the applicant of the Development
Officer's decision.
(#8816, s. 1, 1989; #2003-3, ss. 4 and 13, 2003, 2016-45, s. 17, 2016)
7.
SUBDIVISION AND SEVERANCE APPROVAL
Council's or the Development Officer's approval of a plan of proposed subdivision
or severance shall cease to be valid on expiry of two years from the date of issuance
of the certificate of approval thereof unless the plan of proposed subdivision or
severance has been registered in the Land Titles Registry.
(#9533, s. 1, 1993; #2003-3, s. 14, 2003)
8.
Repealed.
(#8375, s. 1, 1987; #9122, s. 1, 1990; #9281, s. 1, 1991; #9435, s. 1, 1992; #9537, s. 1,
1993; #9666, s. 1, 1994; #9761, s. 1, 1995; #9862, s. 1, 1997, #10174, s. 1, 1999; #10263, s.
1, 2000; #2003-3, s. 15, 2003; #2005-45, s. 1, 2005; #2009-18, s. 2, 2009)
9.
APPEAL
1)
Where:
a)
an application for a proposed subdivision or severance is refused;
b)
an application for a proposed subdivision or severance is approved in
part;
c)
an application for a proposed subdivision or severance is approved
subject to specific development standards issued pursuant to section
130 of the Act;
- 12 -
d)
approval of an application for a proposed subdivision or severance is
revoked;
e)
an agreement pursuant to section 172 of the Act has not been entered
into within the specified time limit; or
f)
the applicant for subdivision or severance approval objects to
producing any information requested by Council or the Development
Officer other than information that is required by the subdivision
regulations to accompany the application;
the applicant may appeal the decision by filing a written notice of appeal
with the Development Appeals Board in the first instance and may appeal
further to the Provincial Planning Appeals Board in accordance with section
226 of the Act.
2)
In the case of an appeal pursuant to clause (1)(a), (b), (c) or (d), the person
shall file his appeal within 30 days after the date on which he is served with
a copy of the decision of Council or the Development Officer.
2)
Council, if it considers it necessary, may appeal a decision of the
Development Appeals Board to the Saskatchewan Municipal Board in
accordance with section 226 of the Act.
(#2003-3, s. 16, 2003, #2016-45, ss. 18 and 19, 2016)
PART II
GENERAL PROVISIONS APPLICABLE TO SUBDIVISION OF LAND
10.
SUITABILITY OF LAND
All land to be subdivided and the subdivision thereof, shall be suited to the purpose
for which the subdivision is intended having regard to:
1)
topography and physical condition of the land;
2)
soil characteristics;
3)
surface and sub-surface drainage;
4)
potential flooding, subsidence and erosion;
5)
convenience of access;
- 13 -
6)
availability, adequacy and the economical provision of utilities and services;
7)
existing and prospective use of land in the immediate vicinity;
8)
segregation of pedestrian and vehicular traffic and of traffic flow between
main and minor thoroughfares and the protection of public safety by
ensuring adequate sight distances at intersections;
9)
the dimension, shape, orientation and accessibility of each lot or parcel of
land;
10)
the use or proposed use of land and the use and proposed use of land in the
immediate vicinity;
11)
the protection of provincial highways and major roads;
12)
protection against pollution;
13)
anticipated need for school sites, recreational facilities and parks;
14)
the protection of significant natural or historical features;
15)
its conformance with the development plan and the zoning bylaw or
development policies adopted by Council;
16)
other matters which in the opinion of Council or the Development Officer
may prejudice sound development in the vicinity.
(#2003-3, s. 16, 2003)
11.
NEED FOR SUBDIVISION
No land shall be subdivided unless:
1)
the necessary services can be provided in an orderly and economical manner
for the development and any future extension thereof;
2)
the subdivision is not contrary to the development plan, the zoning bylaw or
development policies adopted by Council.
12.
ACCESS TO LOTS AND PARCELS
Every lot or parcel shall have legal and primary access provided thereto by a street.
- 14 -
13.
PUBLIC AND MUNICIPAL RESERVES
1)
a)
Every plan of subdivision shall make provision for the dedication to
the public use of ten percent of the land to be subdivided in the case
of a residential subdivision and five percent in the case of non-
residential subdivision, and shall not include the land required to be
provided as Environmental Reserve subject to the requirements of
section 186 of the Act;
b)
Subject to section 186 of the Act, additional public or municipal
reserve may be required to be provided by Council or the
Development Officer.
2)
The requirements of this section shall not apply to:
a)
land intended for use as railway station ground or right-of-way, or
for a right-of-way for a ditch, canal, retention lake, pipeline,
telephone line, power transmission line or a reservoir or sewage
lagoon;
b)
land to be resubdivided other than under a replotting scheme for the
purpose of correcting or rearranging boundaries, or land previously
included in an area subject to the requirements of this section;
c)
the land is to be subdivided into lots of 4.5 hectares or more and is to
be used solely for agricultural purposes.
3)
Public Reserves shall be designated on a subdivision plan as "Public
Reserve R1", "Public Reserve R2", ...... etc., and Municipal Reserves shall
be designated on a subdivision plan as "Municipal Reserve R1", "Municipal
Reserve R2", ...... etc.
4)
Where it appears that public or municipal reserve dedication serves no
practical purpose or for any other reason would be unnecessary or
undesirable, Council or the Development Officer may direct that:
a)
the public or municipal reserve requirements be waived in whole or
in part and in lieu thereof the applicant be required to pay the City a
sum of money equal to the value of the land that would otherwise
have been dedicated to the public use in accordance with the
provisions of section 187 of the Act;
b)
the public or municipal reserve requirements be deferred in whole or
in part until a further subdivision is made.
- 15 -
5)
Where the dedication of public or municipal reserve land is deferred the City
shall register an interest based on the direction in the land registry against the
title to the land to which the direction relates to protect its interest in the
future requirement of dedicating to the public use the required amount of
land as per section 190 of the Act.
6)
Public or municipal reserve shall only be used for:
a)
public park or buffer strip;
b)
a public recreation area;
c)
school purposes;
d)
a natural area;
e)
a public building or facility;
f)
any other use which the provincial regulations may specify.
7) Subject to the requirements of section 199 of the Act, Council may lease a
municipal reserve for the purposes described in subsection 6.
(#2003-3, s. 16, 2003, #2016-45, ss. 20, 21, 22 and 23, 2016)
14.
ENVIRONMENTAL RESERVES
1)
Where the land to be subdivided contains ravines, swamps, natural or man-
made drainage courses or other areas that in the opinion of the City are
unsuitable for building sites or other private uses, these lands shall be
dedicated as environmental reserve in the name of the Crown.
2)
An environmental reserve may be used as a public park or it shall be left in
its natural state.
3)
Council or the Development Officer may accept, at its discretion, as part of
the public or municipal reserve dedication requirement any lands that may
be dedicated to environmental reserve.
3)
Environmental reserves shall be designated on a subdivision plan as
"Environmental Reserve R1", "Environmental Reserve R2", ...... etc.
(#2003-3, s. 16, 2003)
15.
BUFFER STRIPS
1)
Where Council or the Development Officer is of the opinion that a plan of
proposed subdivision requires the provision of land as a buffer between
adjacent land put to use not compatible with that proposed for the
subdivision, the owner of the land shall provide, without compensation, land
sufficient for that purpose and any land so provided shall be in addition to
the dedication of lands as required by the provisions of Section 13 herein.
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2)
Buffer strips shall be no less than 7.5 metres in width when placed along
major arterial and expressway right-of-way or 4.0m when required in any
other location.
3)
Subject to section 179 of the Act, Council may authorize the sale of a buffer
strip if it is no longer required to separate incompatible land uses.
4)
Notwithstanding subsection 1), Council or the Development Officer may
accept at its discretion, buffer strips as part of the public municipal reserve
dedication requirements in accordance with subsection 186(6) of the Act.
5)
All buffer strips on a plan of subdivision shall be designated as follows:
(a)
"Buffer Strip PB1", "Buffer Strip PB2"..., etc., if title is to issue to
the crown;
(b)
"Buffer Strip MC1", "Buffer Strip MB1"..., etc., if title is to issue to
the City.
6)
Where in the opinion of Council or the Development Officer, buffer strips
are not required, Council or the Development Officer may require that all or
any of the following conditions be met instead:
i)
Satisfactory landscaping be provided at the applicant's cost within
the road rights-of-way or within the boulevard portion of road rights-
of-way;
ii)
Satisfactory fencing at the applicant's cost be provided on private
property;
iii)
Restrictive covenant agreements be registered in the land registry
pursuant to section 235 of the Act against the titles to double
frontage lots; and
iv)
The applicant's compliance with any other pertinent conditions that
Council or the Development Officer may specify.
(#7926, s. 1, 1985; #8743, s. 1, 1988; #2003-3, ss. 3 and 16, 2003, #2016-45, 24, 25 and 26,
2016)
16.
PUBLIC STREETS
1)
Design
All streets shall be designed and located with due regard to:
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a)
topography;
b)
existing and prospective use of land in the vicinity;
c)
present and future traffic requirements;
d)
separation of pedestrian and vehicular traffic;
e)
continuity of utility lines.
2)
Rights-of-way
a)
the minimum street right-of-way widths shall be as follows:
i)
controlled access
arterial street
45 metres
ii)
arterial street
30 metres
iii)
collector street
22 metres
iv)
industrial street
24 metres
v)
residential street
18 metres
vi)
minor residential street
15 metres
vii)
service street adjoining or
intersecting a controlled
access arterial street or
highway
18 metres.
3)
Street Lengths and Cut-offs at Intersections
Street lengths and cut-off requirements shall be as follows:
a)
street lengths measured between successive intersections shall not be
excessive having due regard to convenience of vehicular access;
b)
in residential subdivisions continuous street frontage shall not
exceed 365 metres and a cul-de-sac shall not exceed 120 metres in
length except in cases where City Council or the Development
Officer may indicate a greater length subject to any conditions it may
specify;
c)
a service street shall extend to a designated access point connecting
to a controlled access arterial street or highway, or it may be of such
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length as Council or the Development Officer may indicate;
d)
streets shall intersect as nearly as possible at right angles;
e)
controlled access arterial streets, arterial streets and collector streets
shall be continuous, or connect with an intersecting street and such
streets shall be without jog or offset;
f)
streets with jogs or centre line offsets of less than 45 metres shall be
prohibited;
g)
dead-end streets without a turnaround at the end shall be prohibited;
h)
the turnaround on a cul-de-sac shall have a minimum diameter of 30
metres;
i)
all corners at intersections between two streets shall be cut off by a
straight line a distance of not less than 4.5 metres from the point of
intersection, but the area so cut off shall not be deducted from the
total area in calculating minimum lot or parcel sizes;
j)
all streets shall intersect with other streets.
4)
Gradients
Gradients for arterial and collector streets shall not exceed four percent and
for all other streets, six percent.
5)
Naming
Every street shall be named or numbered and shall conform with any
prescribed system of street naming and numbering adopted by Council.
(#2003-3, s. 16, 2003)
17.
LANES, WALKWAYS
1)
Lanes
a)
lanes need not be provided except in cases where in the opinion of
Council or the Development Officer rear access to lots and parcels is
required;
b)
where lanes are required and where they abut multiple housing,
commercial or industrial lots or parcels, they shall be 9 metres in
width, and in all other cases lanes shall be 6 metres in width;
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c)
notwithstanding the provisions of Section 17, Subsection 1 b) hereof,
in those areas currently subdivided Council or the Development
Officer may determine and approve a lane to be 6 metres in width
and not 9 metres in width as herein required on an application for
resubdivision thereof;
d)
a lane shall connect with a street or another lane except that where
one end of the lane is to be closed a turning space 12 metres square
or in diameter shall be provided;
e)
all corners at intersections between two lanes shall be cut off by a
straight line a distance of not less than 3 metres from the point of
intersection but the area so cut off shall not be deducted from the
total area in calculating minimum lot or parcel sizes.
2)
Walkways
a)
walkway parcels for pedestrian access shall be provided where
required;
b)
walkway parcels shall not be less than 3 metres or such greater width
as may be required;
c)
minimum walkway parcel widths in connection to park or school - 5
metres;
d)
all walkway parcels shall be designated on a plan of subdivision as
follows:
i)
walkway parcels as "W1", "W2", ...... etc.;
ii)
joint walkway parcels as "W1", "W2", ...... etc.;
e)
no walkway shall be leased or exchanged for another parcel of land;
f)
subject to the provisions of section 201 of the Act, Council, by
bylaw, may authorize the sale of walkways where they are
considered to be no longer necessary.
(#2003-3, s. 16, 2003, #2016-45, s. 27, 2016)
18.
VESTING
1)
All buffer strips not transferred to the City and all streets, lanes, public
reserves, and environmental reserves on a subdivision plan shall be vested in
the Crown in Right of the Province of Saskatchewan.
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2)
All walkway parcels shall be transferred to the City of Regina.
3)
All municipal reserves and buffer strips transferred to the City shall be in the
name of the City.
19.
LOTS AND PARCELS
1)
All lots and parcels except walkway parcels and buffer strips on a plan of
subdivision shall conform to the minimum site dimensions and area
requirements of the City Zoning Bylaw.
2)
Through lots or double frontage lots shall not be permitted unless a
registered buffer strip is provided continuously between the lots and abutting
right-of-way or that the conditions of Section 15, Subsection 6 are met.
3)
The side property lines of all lots and parcels shall be as nearly as possible at
right angles or radial to the street lines.
(#8743, s. 1, 1988)
20.
REPLOTTING AND REQUIRED SUBDIVISIONS
These regulations shall apply to replotting schemes and required subdivisions but
may be subject to such modifications in the replotting and required subdivision
procedures as are specified in the Act.
(#2003-3, s. 3, 2003, #2016-45, s. 28, 2016)
21.
SERVICING AGREEMENT
1)
Where required, the applicant for subdivision approval shall enter into a
servicing agreement with the City, as per section 172 of the Act, outlining
the applicant's obligations to provide, install, or construct paved streets and
lanes, sidewalks, curbs, gutters, boulevards, watermains and laterals,
hydrants, street lighting, drains and drainage ditches, bridges, culverts, dikes,
land fill, area grading and levelling of land, connections to existing services,
connecting and boundary streets, landscaping of parks and boulevards, street
tree planting, street name plates, public recreational facilities, or other works
that Council or the Development Officer may require, and stating:
a)
the respective obligations of the owner and the City of Regina
relating to planting, construction, installation, operation, repair,
replacement, and maintenance of specified works and services;
b)
the construction and planting standards to be adopted and complied
with;
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c)
the manner of cost sharing and recovery;
d)
the time periods within which specific construction, planting and
installation works are to be completed;
e)
hectarage assessment rates which will be levied on the subdivision in
accordance with City Council's policy.
(#2003-3, s. 17, 2003, #2016-45, s. 29, 2016)
22.
RESIDENTIAL SUBDIVISION RESTRICTIONS
1)
A residential subdivision proposal shall not be approved if the property in
question is situated within 300 metres of land which is used or authorized
for use as:
a)
an intensive livestock operation;
and within 1600 metres of land which is used or authorized for use as:
b)
a sewage treatment plant or a sewage lagoon.
2)
An application for subdivision approval for the purpose of developing:
a)
an intensive livestock operation;
b)
a sewage treatment plant or a sewage lagoon;
shall not be approved unless the use referred to in clause (a) is situated at
least 300 metres and, in clause (b), at least 1600 metres from any residential
development or land that is authorized for use for residential purposes.
3)
A residential subdivision proposal shall not be approved if the property in
question is situated within 457 metres of land which is used or authorized
for use as a landfill for the disposal of garbage or refuse.
4)
An application for subdivision approval for the purpose of developing a
landfill for the disposal of garbage or refuse shall not be approved unless
situated at least 457 metres from any residential development or land that is
authorized for use for residential purposes.
(#7811, s. 1, 1984)
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23.
SEVERABILITY
If a Court of competent jurisdiction should declare any section or part of a section of
this Bylaw to be invalid, such section or part of a section shall not be construed as
having persuaded or influenced the Council to pass the remainder of the Bylaw and
it is hereby declared that the remainder of the Bylaw shall be valid and shall remain
in force and effect.
24.
Bylaw No. 5091 be and the same is hereby repealed.
25.
This Bylaw shall come into force and take effect upon receiving the approval of the
Minister of Urban Affairs.
NOTE 1:
Approval of the Minister of Urban Affairs was received on May 24, 1984.
NOTE 2:
Bylaw No. 7811, with the exception of Section 1(l), amended this bylaw to
incorporate the changes directed by the Minister of Urban Affairs. The
original had already been updated to include the changes, and therefore, the
amendments in Bylaw No. 7811 have not been noted.
READ A FIRST TIME THE 26th DAY OF MARCH A.D. 1984;
READ A SECOND TIME THE 26th DAY OF MARCH A.D. 1984;
READ A THIRD TIME AND PASSED THE 26th DAY OF MARCH A.D. 1984.
______________________________
______________________________
Mayor
City Clerk
Approved by the Minister of Urban Affairs
for the Province of Saskatchewan, this
24 day of May A.D. 1984
______________________________
Minister of Urban Affairs
Except for:
1.
The words "the owner's compliance with
any conditions, requirements and modification
to the subdivision application that Council
may specify including" in Part I, Section 4 (11).
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2.
Part II, Section 11, subsections 1 and 2.
3.
Part I, Section 6(1) the word "modify".
4.
All of Part II, Section 13(1)(b) but the
words "Subject to Section 193(6) of the Act,
additional public or municipal reserve may
be required to be provided by Council" are retained.
5.
Part II, Sections 17, 18 and 19 all references
to utility parcels.
6.
Part II, Section 22(1)(a) and 22(2)(a).