Bill 102 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 102 Planning Amendment Act, 1983 (Legislature 20, Session 1)

L20 S1 3721

Alberta — Bills

1983 BILL 102 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 102 PLANNING AMENDMENT ACT, 1983 THE MINISTER OF MUNICIPAL AFFAIRS First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 102 BILL 102 1983 PLANNING AMENDMENT ACT, 1983 (Assented to , 1983) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Planning Act is amended by this Act. 2

Section 1 is amended by repealing clause (

q) and substituting the following: (q) "public utility" means the right of way for municipal (

i) telephone systems, (ii) waterworks systems, (iii) irrigation systems, (iv) systems for the distribution of gas, whether natural or artificial, (

v) systems for the distribution of artificial light or electric power, (vi) heating systems, and (vii) sewage systems, or for the service or commodity supplied by any of those systems; 3

Section 76 is amended by adding the following after subsection (1):

(1.1) Without restricting the generality of subsection (l)(b), a council that is authorized to do so under that subsection niay enter into agreements with respect to an off-site levy providing for (

a) the reimbursement of all or part of the off-site levy at such time as other land that is benefited by faciUties paid for in whole or in part by the off-site levy is developed or sub divided, and

Explanatory Notes 1 This Bill will amend

chapter P-9 of the Revised Statutes of Alberta 1980. 2

Section l(

q) presendy reads: (q) "public utility" means the right of way for a public utility as defined in the Municipal Government Act; 3

Section 76(1) presently reads: 76(1) For the one or more purposes referred to in subsection (2), a council may by by-law (

a) provide for the imposition and payment of a levy to be known as an off-site levy, in respect of land that (

i) is to be developed or subdivided, and (ii) was not previously the subject of an off-site levy under this Act or

section 242.1 of the Municipal Government Act as it read im mediately before April 1. 1978; (

b) authorize an agreement to be entered into in respect of the pay ment of the levy. Explanatory Notes

(

b) the contribution of a proportionate share of the amount of the off-site levy by applicants for development permits or subdivision approval at such time as other land that is bene fited by facilities paid for in whole or in part by the off-site levy is developed or subdivided. 4 The following is added after

section 76: 76.1 A by-law that authorizes a redevelopment levy or an off- site levy shall set out the object of each levy and shall indicate how the amount of the levy was determined. 5

Section 98(

c) is repealed.

Section 105 is amended (

a) by repealing subsection (2); (

b) in subsection (6) by adding "or within the extended period prescribed under subsection (7)" after "section"; (

c) by adding the following after subsection (6):

(7) The Board may from time to time extend (

a) the one-year period referred to in subsection (1), or (

b) the one-year period referred to in subsection (6).

(8) An application for an extension under subsection (7) shall be made (

a) before the expiry of the one-year period referred to in subsection (1) in the case of an extension under subsection (7)(a), or (

b) before the expiry of the one-year period referred to in subsection (6) in the case of an extension under subsection (7)(b).

4 Contents of redevelopment levy by-law and off-site levy by-law. 5

Section 98 presently reads: 98 Subject to

section 97. a subdivision approving authority may require the registered owner of a parcel that is the subject of a proposed subdivision to provide part of that parcel as environmental reserve if it consists of (

a) a swamp, gully, ravine, coulee or natural drainage course. (

b) land that is subject to flooding or is. in the opinion of the subdi vision approving authority, unstable. (

c) land that, in the opinion of the subdivision approving authority, is unsuitable in its natural state for development, unless the applicant for subdivision approval can show to the authority's satisfaction that that land can be made suitable for development, or (

d) a strip of land, not less than 6 metres in width, abutting the bed and shore of any lake, river stream or other body of water for the purpose of (

i) preventing pollution, or (ii) providing public access to and beside the bed and shore. 6

Section 105(1), (2) and (6) presently read: 105(1) The applicant for subdivision approval shall submit to the subdi vision approving authority the plan of subdivision or other instrument that effects or will effect the subdivision within one year after the latest of the following dates: (

a) the date on which the subdivision approval is given to the appli cation; (

b) if there is an appeal to the Board in respect of the application, the date of the Board's decision unless the appeal is sooner discontinued; (

c) if there is an appeal to the Court of Appeal under

section 152, the date on which the judgment of the Court is entered or the date on which the appeal was discontinued.

(2) The Board may from time to time extend the one-year period referred to in subsection (1).

(6) If the plan of subdivision or other instrument is not registered in a land titles office within one year after the date on which it is endorsed pursuant to this section, the subdivision approval of the plan or instrument and the endorsement are void and the plan or instrument shall not be accepted by a Registrar for registration. Explanatory Notes

Section 152(5) is repealed and the following is substituted:

(5) If a decision of the Board is appealed, the Board (

a) shall be a respondent in the application and appeal, if any, and (

b) is entitled to be represented by counsel at the application and appeal, if any. In accordance with

section 4(1) of the

Interpretation Act, this Bill comes into force on the date it receives Royal Assent.

Section 152(5) presently reads:

(5) The Board shall be a respondent on the application and, if leave is granted, a respondent to the appeal, and is entitled to be represented by counsel on the application and, if leave is granted, on the appeal. Explanatory Notes Title: 1983 (20th, 1st) Bill 102, Planning Amendment Act, 1983 (No. 2)

Document details

Collection	Alberta — Bills
Citation	L20 S1 3721
Type	bill
Volume / chapter	L20 S1 3721
Language	en
Format	json
Source	PROVINCIAL
Identifier	2473c3449208fafcc0594c71502b52d2142ac522

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