This is the exact embedded text of the captured official document.
Snapshot 72fb46ad66bf · verified 2026-06-04 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE TOWN OF THE CITY OF DAWSON
BYLAW #95-08
A Bylaw to Control and Regulate the Subdivision of Land in the City of Dawson
WHEREAS, the Municipal Act, Chapter 119, Statutes of the Yukon Territory authorizes a Council
to provide for the controlling, by Bylaw, of the subdivision of land within the Municipality;
NOW THEREFORE, the Council of the City of Dawson, in open meeting assembled hereby
ENACTS AS FOLLOWS:
1.00
SHORT TITLE
This Bylaw may be cited as the "Subdivision Control Bylaw" .
2.00
INTERPRETATION
2.01
This Subdivision Control Bylaw shall apply to all land within the boundary of the Town of
the City of Dawson.
2.02
For the purposes of this Bylaw, unless the context otherwise requires, certain terms and
words are hereby defined as follows:
(a)
APPLICANT means the owner or any person who proposes to subdivide or
consolidate lots or parcels of land;
(b)
APPLICATION means an application for approval of a proposed subdivision of
land;
(c)
CITY means the Town of the City of Dawson;
(d)
CITY MANAGER means the Chief Administrative Officer of the Town of the City
of Dawson;
(e)
COUNCIL means the duly elected Council of the Town of the City of Dawson;
(f)
DEVELOPMENT means the use, improvement, consolidation or subdividing of
land.
(g)
HIGHWAY ACCESS means the official or road right-of-way that is surveyed,
registered in the Land Titles Office, and developed to a standard set out in this Bylaw
or the Zoning Bylaw, and provides for vehicle access to each lot;
(h)
LOT means:
1.
a part of a parcel, fronting on a highway, described in a certificate of title if
the boundaries of the part are described in a certificate of title other than by
reference to a plan of subdivision; or
2.
a part of a parcel, fronting on a highway, described in a certificate of title if
the boundaries of the part are described in a certificate of title by reference to
a plan of subdivision;
(i)
MUNICIPAL SERVICES means primary municipal services, secondary municipal
services and tertiary municipal services as itemized and any additional services and
facilities as may be prescribed;
(j)
MUNICIPAL SERVICES, PRIMARY means those services, and facilities
necessary to provide primary sewage collection, water delivery service, street and
road maintenance with constructed gravel surface, garbage disposal facilities, fire
City of Dawson
Subdivision Control Bylaw #95-08
Page 2
protection and emergency services, sewage treatment facilities, street lighting in
arterial roads, and administrative office space;
(k)
MUNICIPAL SERVICES, SECONDARY means those services and facilities
necessary to provide recreation, transit, animal impoundment facilities, ditch and
culvert surface drainage, garbage collection service, public cemeteries, pavement and
sidewalks on major traffic routes, street lighting in major activity areas;
(l)
MUNICIPAL SERVICES TERTIARY means those services and facilities
necessary to provide parks, pavement, lighting and sidewalks on local collector
roads, piped storm drainage system and parking facilities;
(m)
MUNICIPALITY means the Town of the City of Dawson;
(n)
OCCUPIER means an occupier of land and includes the resident occupier of the
land or, if there is no resident occupier, the person entitled to the possession thereof,
a lease holder, and a person having or enjoying in any way for any purpose
whatsoever the use of the land otherwise than an owner, whether or not the land or
part thereof is an unsurveyed area, and also includes a squatter;
(o)
PARCEL means the aggregate of the one or more areas of land described in a
certificate of title or described in a certificate of title by reference to a plan registered
in the Land Titles Office;
(p)
PLAN OF SUBDIVISION means a plan of survey prepared in accordance with the
Land Titles Act for the purpose of effecting a subdivision;
(q)
PLANNING BOARD means the Municipal Planning Board which is established
under Bylaw and known as the "Town of the City of Dawson Planning Board";
(r)
REAL PROPERTY means land and all buildings, fixtures, machinery, structures
and things erected upon, under or affixed thereto;
(s)
REGISTERED OWNER means:
1.
in the case of land owned by the Crown, the Minister of the Crown of the
Executive Council Member having the administration of the land, or
2.
in the case of any other land,
a.
the purchaser of the fee simple estate in the land under an agreement
for sale that is the subject of a caveat registered against the certificate
of title in the land and any assignee of the purchaser's interest that is
the subject of a caveat registered against the certificate of title, or
b.
in the absence of a person described in paragraph (a) hereof, the
person registered under the Land Titles Act as the owner of the fee
simple estate in the land;
(t)
SUBDIVISION means the division or consolidation of a lot or parcel by an
instrument, or the creation of a new parcel or lot from previously un-subdivided
land.
(u)
SUBDIVISION APPROVAL means the signing of a proposed plan of subdivision
by the subdivision approving authority.
(v)
SUBDIVISION APPROVING AUTHORITY means the Council of the Town of
the City of Dawson.
(w)
TAXES means taxes imposed by the Municipal Act and the Assessment Taxation
Act and includes any interest or penalties payable in respect of unpaid taxes and also
City of Dawson
Subdivision Control Bylaw #95-08
Page 3
includes any service charges imposed in respect of local improvements on property
by the Municipal Act or the Assessment and Taxation Act and any interest on
penalties payable in respect of them.
3.00
SUBDIVISION
3.01
Every subdivision of land within the boundary of the City shall be made in accordance with
the Municipal Act, the Official Community Plan, the Zoning Bylaw, and the Subdivision
Control Bylaw.
3.02
The application shall be signed by the registered owner of the land that is the subject of the
application only; however, it may be submitted to the subdivision approving authority by
either the registered owner or his authorized agent.
3.03
(1)
Every application shall be made on an "Application for Subdivision/Consolidation
Approval" form, being Form 1A of this Bylaw, and shall be accompanied by:
(a)
A current copy of the certificate of title for the subject parcel of the
application;
(b)
Seven (7) copies of the proposed plan of subdivision which shall show at a
suitable scale:
i.
a bold line indicating the boundaries of the parcel to be subdivided
and the area thereof;
ii
location, boundaries and dimensions of all proposed lots;
iii
locations, width and names of all highways on which the proposed
subdivision abuts;
iv
location, width and names of proposed roads within the proposed
subdivision;
v
location and dimension of all lots dedicated for public use, as
required by the Municipal Act;
vi
all buffer strips as may be required;
vii
all surface water bodies within the proposed subdivision;
viii
a point indicating north;
ix
the scale of the plan;
(c)
Other information as may be considered necessary for the subdivision
approving authority to determine the suitability of the land of the proposed
subdivision, which may include, without limiting the generality of the
foregoing:
i.
a geotechnical survey report;
ii
the nature and availability of domestic water supply;
iii
a topographic survey;
(d)
A sketch plan certified by a Canada Land surveyor, showing the location and
dimensions of all buildings on the parcel, if any, and indication of which
buildings will be removed;
(e)
A receipt showing that all current taxes on the land have been paid; and
(f)
Payment of a non-refundable application fee of:
i
subdivision - $100.00 per lot being created, minimum of $250.00 and
maximum of $1,000.00;
ii
consolidation - $50.00
City of Dawson
Subdivision Control Bylaw #95-08
Page 4
(2)
The application, together with all required information and fees, shall be filed with
the City Manager.
3.04
(1)
An application, shall not be considered to have been received until the applicant has
submitted all information and fees required pursuant to Section 3.03.
(2)
Notwithstanding Subsection (1), the City Manager may consider an application
complete if, in his opinion, the application is of such a nature as to enable a decision
to be made on the application without all of the information required in Section 3.03.
3.05
The City Manager shall notify the applicant, in writing, that the application has been
received.
3.06
(1)
The City Manager may refer the application to any Government of Yukon or
Government of Canada departments that might have jurisdiction in matters relative to
the land or the proposed land use.
(2)
The referral of the application to government departments shall state that if written
comments are not received by the City Manager within twenty-one (21) days of the
referral, it will be assumed that there are no concerns regarding the application.
(3)
The City Manager shall review the application and consider all referral comments
and make recommendations to the Planning Board in the form of an Administrative
Report, considering the suitability of the land for the proposed subdivision,
including:
(a)
the proposed use;
(b)
the existing and proposed uses of land in the vicinity of the proposed
subdivision;
(c)
the topography of the parcel;
(d)
the characteristics of the soil;
(e)
the nature of surface and subsurface drainage;
(f)
any potential hazard from flooding, unstable slopes, erosion and subsidence;
(g)
provision of highway access;
(h)
the manner of laying out of streets, lanes and lighting;
(i)
the design and orientation of the subdivision, including the size and shape of
lots;
(j)
the need, location and suitability of public reserve, parks, school sites and
recreation facilities;
(k)
the availability and adequacy of municipal services;
(l)
the proposed storage or use of flammable, explosive or radio-active material;
(m)
protection of sensitive environmental areas and critical wildlife habitat; and
(n)
protection of significant natural, historical and heritage features.
(4)
The Planning Board, upon review of the application, referral comments and the
Administrative Report, shall, by resolution, make recommendations on the
application to Council.
3.07
In making a decision as to whether to approve or refuse an application, Council shall:
(1)
Consider the resolution and reports submitted to Council pursuant to Section 3.06,
but is not bound by them; and
(2)
Consider the Official Community Plan, the Zoning Bylaw and this Bylaw.
City of Dawson
Subdivision Control Bylaw #95-08
Page 5
3.08
Council shall by resolution, approve or refuse the application.
3.09
Where Council refuses to approve the application, Council shall state the reason or reasons
for refusal.
3.10
(1)
Where the application is refused, the City Manager shall notify the applicant of the
decision, along with the reasons for refusal, and shall advise the applicant of his right
to appeal and the time within which an appeal may be made, by way of Certified
Mail.
(2)
Where the application is approved, the City Manager shall notify the applicant of the
decision, by way of Certified Mail.
3.11
Where the application for subdivision is refused, the applicant may appeal to the Yukon
Municipal Board.
3.12
Approval of an application shall be valid for a period of twelve (12) months.
3.13
Council may renew an approval of an application for a period of twelve (12) months.
3.14
Council may revoke an approval of a proposed plan of subdivision where the plan has not
been registered in the Land Titles Office within twelve (12) months of plan approval.
3.15
Where an approval for a plan of subdivision is revoked, an applicant may appeal to the
Yukon Municipal Board.
3.16
An appeal to the Yukon Municipal Board shall be made within thirty (30) days after the date
on which the applicant is served with notice of refusal or revocation.
3.17
A subdivision applicant wishing to appeal to the Yukon Municipal Board shall first give
Council written notice of his intent to do so.
3.18
Where an application for subdivision is refused, no subsequent unaltered application for the
same use of land shall be made within six (6) months of the date of the refusal.
3.19
Council shall only sign a proposed plan of subdivision after the application has been
approved.
4.00
ENACTMENT
4.01
Bylaw shall come into full force and effect on final passing thereof and shall not supersede
any current zoning bylaw.
City of Dawson
Subdivision Control Bylaw #95-08
Page 6
READ A FIRST TIME THIS 16TH DAY OF JANUARY, 1995.
READ A SECOND TIME THIS 20TH DAY OF JANUARY, 1995.
Mayor
Clerk
City of Dawson
Subdivision Control Bylaw #95-08
Page 7
APPROVED BY THE EXECUTIVE COUNCIL MEMBER OF THE YUKON TERRITORY
THIS ______ DAY OF ________________________, 1995.
____________________________
Executive Council Member
READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF
MARCH, 1995.
Mayor
Clerk