Subdivisions
As per the Municipal Governing Act (MGA), Section 616 Part 17 (ee) “subdivision” means the division of a parcel of land by an instrument and “subdivide” has a corresponding meaning;
There are several types of subdivision options, including but not limited to:
a) A farmstead separation; which means to separate the residential portion of an agricultural parcel
b) A single or multi-lot subdivision of an existing parcel
c) A boundary adjustment of one or more parcels; this process does not increase the number of parcels but is meant to increase the size of one or more of the applicable lots.
What do I need to subdivide? |
It is strongly urged that you contact a survey company of your choice to represent you through the subdividing and rezoning process. A request for subdivision can be made by completing the following:
Additional information may be required by the Development Authority or referral agencies upon review of the application. For multi-lot subdivision of six lots or more or for subdivisions that create the sixth lot or more on any one quarter section more detailed information is required including water and soil testing. |
Do I have to rezone prior to subdividing? |
In most cases, yes. The applications for rezoning and subdivision can be dealt with concurrently; however, prior to receiving subdivision approval, County Council must approve the rezoning application. If the rezoning application does not get approved, the subdivision application may not move forward for approval. If the rezoning application is approved, the subdivision will move forward for approval, however these approvals will not occur on the same day. Rezoning is not required for farmstead separations in which an existing or abandoned farmstead is the first parcel to be subdivided off the quarter section. Rezoning is also not required if it has occurred as part of a previous application and the land proposed to be subdivided is currently zoned for the proposed use of the land following subdivision approval. If you have any questions, please contact the Planning Department. |
Who makes the decision to approve or deny a subdivision application? |
The County's subdivision approval authority is the Municipal Planning Commission (MPC). Their membership is made up of County Council. The decision is made based on information presented to the Commission following the circulation of the proposed application to various referral agencies, adjacent landowners, and encumbrances on title. At the hearing, a Planner provides a summary of the application with a recommendation to the Municipal Planning Commission, the applicant and/or his/her agent is then allowed to make a presentation, any other person wishing to make a presentation will then be allowed to do so. Written comments/concerns received by the Planning Department are included in the Municipal Planning Commission agenda. Unlike an amendment to a bylaw, a subdivision is not required to receive three readings for approval or refusal. The Municipal Planning Commission instead makes a motion to approve or refuse the application and votes on the motion. |
When does the decision take effect, and can it be appealed? |
If the subdivision is approved, the conditions of approval must be met and the subdivision endorsed by the County before being registered with Alberta Land Titles. The decision can be appealed within fourteen days after receipt of the written decision of the subdivision authority by the applicant if the application is refused or if the applicant does not agree to any or all of the conditions of the approval. |
What is subdivision endorsement? |
To finalize an approved subdivision, an endorsement package containing a surveyed plan of the approved subdivision and the "Subdivision Authority Approval" form must be received by the Planning Department. Once these documents have been received, and all of the conditions of approval have been met, and the associated endorsement fees have been paid, the County will sign the "Subdivision Authority Approval" form indicating that we authorize the registration of the subdivision plan with Alberta Land Titles - this is endorsement. It is then up to the applicant's surveyor to register the plan with Alberta Land Tiles. Please Note: An applicant has one year to meet all conditions and get the subdivision endorsed. An application for time extension can be made if the conditions cannot or are not met in this time frame. |