Bill 60 (Legislature 13, Session 4)

L13 S4 6190

Alberta — Bills

No. 60 4th Session, 13th Legislature, Alberta 6 Elizabeth II, 1958 BILL 60 A Bill to amend The Town and Rural Planning Act HoN. MR. HOOKE Printed by L. S. WALL, Printer to the Queen's Moat Excellent Mlljeaty, Edmonton , Alberta, 1958

Explanatory Note 2. The definition of "small parcel" is amended to include all &uch areas wthin two miles of a city, town or village, instead of within two miles of a city, and one mile of a town or village as at present. 3. These sections relate to the control and regulation of sub divisions. There is at present conflict between the various statu tory provisions respecting subdivisions and these sections are to be repealed in anticipation of other legislation removing the C'onflicts.

Section 7la. subsection ( 1) presently reads as follows: "71a, (1) "'here nn Interim development order appllea to a munlcl pallt)' that Is repreHented on a dlatrlct planning commission or that ••tnploys a profcAHional planning stntr of one or more qualified persons, tht• ordt>r ahall provide for the establishment of an appeal board con Misting of either "(

n) at IPaat thrl'e persons to be appointed annually by resolution of tile council, none of whom shall be oftlclala or servants of the council and a majority of whom shall constat of persons other than members of the council, or "(

b) the council.". This amendment will permit the council to act as a final appeal board in some but not all cases. This procedure is desirable when «pplying certain types of interim control.

Section 86, subsection (3) presently provides that a senior official of the municipality may be appointed to a district plan ning commission as one of the representatives of the municipality. The ~rovision was not intended to permit the appointment of technical officers such as a town engineer or city planner. The amendment is for the purpose of clarification,

BILL No. 60 of 1958

An Act to amend The Town· and Rural Planning Act (Assented to , 1958) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows : 1. The Town and Ru·ral Planning Act, being

chapter 887 of The Revised Statutes of Alberta, 1955, is hereby amended.

Section 2, clause (

r) is amended by striking out sub clause (ii) and by substituting the following: "(ii) situated within "(

A) the boundaries of a city, town or village, "(

B) two miles of a city, town or village, or "(

c) a hamlet within the meaning of The Municipal District Act;". 3. Sections 25, 26, and 27 are repealed.

Section 71a is amended by adding the following new subsection immediately after subsection (1) : "(1a) Where an appeal board is established in accordance with clause (

a) of subsection (1) the interim development order may provide a further right of appeal to the council upon such conditions as may be specified in the order and in that event the council has all the powers of an appeal board to vary decisions.".

Section 86 is amended (

a) as to subsection (3) by striking out clauses (

a) and (

b) and by substituting the words "one member shall always be a member of the council.", (

b) by adding the following new subsection immediately after subsection (3) : "

(4) Any other member appointed need not be a member of the council but may be

Section 99 now defines a number of zones which are meant to include all the major land uses of importance in drawing up a preliminary district plan. Airports are such a major use which should be incl4ded. ThE! amendment remedies this omission. 'Jl.

Section 1141 clause (

a) at present permits a comnuss1on to use only the zqnes defined in

section 99. This may be unduly re strictive in not allowing variations to meet. local conditions and may thus delay rather than facilitate the early adoption of the preliminiU"Y plan. This amendment will allow a commission greater freedom to adjust the plan to local circumstances.

2 " (

a) a resident of the municipality who is not a municipal official, or " (

b) in the case of a municipality other than a city or town, the secretary-treasurer of the munici pality.".

Section 99 is amended (

a) by re-lettering clause (

a) as clause (al), (

b) by adding immediately preceding the re-lettered clause (al) the following new clause: "(a) "airport zone" means a zone in which land is used or will be used mainly for an airport and for ancillary activities directly connected with the operation of the airport, and in which other uses are prohibited or restricted to particular locations, or a1·e subject to special regulations, or both, as determined by the commission to be necessary for the safe and efficient operation of the airport and for the safeguarding of adjoin ing development;".

Section 114, clause (

a) is amended by adding im mediately after the word "Part" the words "and such other similar zones as the commission may deem essential for the purposes of the preliminary plan". 8. This Act comes into force on the day upon which it is assented to.

No. 60 FOURTH SESSION THIRTEENTH LEGISLATURE 6 ELIZABETH II 1958 BILL ,An Act to amend The Town and Rural Planning Act Received and read the First time ....... . Second time ....................................... . Third time ......................................... . HoN. MR. HOOKE Title: 1958 (13th, 4th) Bill 60,

An Act to amend The Town and Rural Planning Act

Document details

Collection	Alberta — Bills
Citation	L13 S4 6190
Type	bill
Volume / chapter	L13 S4 6190
Language	en
Format	json
Source	PROVINCIAL
Identifier	2f9e6e37de8232d39947225876fac47625d8f7ae

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