Bill 15 — Third Session, 18Th Legislature, 26 Elizabeth Ii the Legislative Assembly of Albert A Bill 15 the Planning Act, 1977 (Legislature 18, Session 3)

L18 S3 5717

Alberta — Bills

1977 BILL 15 Third Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERT A BILL 15 THE PLANNING ACT, 1977 THE MINISTER OF MUNICIP AL AFFAIRS First Reading ............................................ . Second Reading .......................................... . Third Reading ........................................... . Printed by the Queen's Printer for the Province of Alberta. EDMONTON

Definitions Purpose Application Compensation Staff Delegation THE PLANNING ACT, 1977 TABLE OF CONTENTS

PART 1 APPLICATION AND ADMINISTRATION Division 1 Application Division 2 Administration Time extension Population figures Alberta Planning Fund

PART 2 ESTABLISHMENT AND FUNCTIONS OF PROVINCIAL, REGIONAL AND MUNICIPAL PLANNING AUTHORITIES Division 1 Alberta Planning Board Establishment, membership and meetings Jurisdiction Proceedings and powers Report

Section No. 1 2 3 4 5 6 7 8 9-11 12-15 16 17-18 19

Division 2 Regional Planning Commissions Establishment, membership and meetings Jurisdiction Reports Division 3 Municipal Planning Commissions Establishment and operation Delegation of subdivision approving au'thonty Division 4 Development Appeal Boards Establishment and operation Division 5 General Termination of appointment of members of council Procedural matters Right of entry

PART 3 REGIONAL PLANS AND STATUTORY PLANS Contents of plans Preparation and contents Public participation Changes to regional plan Adoption and ratification Effect Amendments and appeals Repeal Division 1 Regional Plans 20-24 25 26 27-30 31 32-36 37 38-40 41 42 43-44 45-46 47 48-50 51 52-55 56

Division 2 Statutory Plans General Municipal Plans Area Structure Plans Area Redevelopment Plans

PART 4 IMPLEMENTATION OF PLANS Division 1 Land Use By-law When mandatory Contents of land use by-law Direct control districts Permitted and discretionary uses Acquisition of land compulsory Non-conforming uses and buildings Division 2 Redevelopment and Off-site Levies and Development Conditions Redevelopment levy Off-site levy Construction and installation of facilities Division 3 Development Control Dwelling units on a parcel Compulsory subdivision Stop orders Division 4 Development Appeals Development permit Appeal from decision or order of development officer Hearing and decision 57-59 60 61-63 64 65 66 67 68 69 70 71 72 73 74-75 76-77 78 79 80

PART 5 SUBDIVISION OF LAND Division 1 Control over Subdivisions Restriction on registration of certain instruments Division 2 Application for Subdivision Approval Subdivision approving authorities Application Hearing and decision Conditions on subdivision approval Subsequent applications prohibited for 6 months Division 3 Land Provided to the Crown, Municipal Corporations, School Authorities and Money Taken in Place of Certain Reserve Land General Land for public roadways and public utilities Exemptions from reserves Environmental reserve Basic school and municipal reserve and money in place thereof Additional municipal and school reserve Allocation of municipal and school reserve Use of environmental and municipal reserve Registration of subdivision instrument Appeal Hearing and decision Endorsement of plan Division 4 Subdivision Appeals 81 82 83-84 85,87 86 88 89 90 91 92 93-94 95 96 97 98 99 "l00-101 102

Division 5 Cancellation of Subdivisions Cancellation and effect Division 6 Replotting Schemes Authorization Memorandum endorsed on titles Duties of council Appraisals Contents of replotting scheme Entitlement of registered owners Hearing and adoption of scheme Registration of scheme Costs of preparing scheme and replot compensation Councils powers Division 7 Replot Compensation Application Land Compensation Board

PART 6 GENERAL Division 1 Public Participation in By-laws Notice and hearing Ministerial exemption Technical amendments Validity of by-laws 103-105 106 107 108 109 110 111 112-114 115 116-117 118 119 120-121 122-123 124 125 126

Ministerial regulations Land use regulations Subdivision regulations Other regulations Division 2 Regulations Innovative residential development area Special planning area Division 3 Appeals to the Supreme Court Appeal Division 4 Offences and Penalties Offences and penalties

PART 7 TRANSITIONAL, CONSEQUENTIAL PROVISIONS AND COMMENCEMENT Transitional provisions Consequential provisions Commencement 127 128 129 130 131 132-133 134-135 136-137 138-148 149-155 156

Bill 15 BILL 15 1977 THE PLANNING ACT, 1977 (Assented to , 1977) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. In this Act, 1. "area redevelopment plan" means a plan adopted by a council as an area redevelopment plan pursuant to this Act; 2. "Board" means the Alberta Planning Board established pursuant to this Act; 3. "building" includes any thing constructed or placed on, in, over or under land but does not include a highway or a bridge; 4. "cost of preparing the replotting scheme" means the following costs payable with respect to a replotting scheme: (

i) appraisal costs, (ii) survey costs, (iii) costs paid to prepare a plan of subdivision, (iv) subdivision approving authority costs, and (

v) land titles costs; 5. "council" means (n the council of a municipality, or (ii) the board of administrators of a new town· , 1

Explanatory Notes GENERAL: The proposed Planning Act, 1977 is divided into seven parts, each part dealing with a separate aspect of the planning and development process.

Part 1 of the Act contains provisions reflecting the purpose and application of the Act and deals with such other matters as the appointment of staff and the continuation of the Alberta Planning Fund.

Part 2 of the Act deals with the establishment of the various provincial, regional and municipal planning authorities and outlines their responsibilities and jurisdiction.

Part 3 provides a mechanism for the establishment of regional plans, general municipal plans, area structure plans and area redevel opment plans.

Part 4 requires every council of a municipality having a population of 1000 persons or more to pass a land use by-law and describes the matters that are to be contained in the by-law. Other sections of the Part deal with direct control of parts of the municipality by a council, permitted and discretionary uses and conforming and non-conforming uses of land and control over unauthorized development. Provisions governing the imposition of redevelopment and off-site levies are dealt with in

Part 4, Division 2. Methods of enforcing development control and appeals from a development officer's decision are provided for in

Part 4, Divisions 3 and 4.

Part 5 of the Act deals with the subdivision of land, first detailing the circumstances under which subdivision approval is required and then prescribing the method of applying for approval. Division 3 of

Part 5 spells out in some detail the land that must be given up for public roadways and public utilities and the land that may be taken as environmental reserve, municipal reserve and school re serve or the money that may be taken in place of municipal and school reserve. Replotting schemes and cancellation of plans of subdivision are also dealt with in

Part 5.

Part 6 of the Act details the extent to which the general public will be involved in the planning process. Division 2 of

Part 6 deals with the various types of regulations that may be made by the Minister and the Lieutenant Governor in Council.

Part 6, Divisions 3 and 4 deal with appeals to the Supreme Court and the various offences and penalties under the Act.

Part 7 is confined to transitional provisions, amendments to other Acts and the commencement of the Act on Proclamation. 1.

Definitions. 1

6. "development" means (

i) an excavation or stockpile and the creation of either of them, or (ii) a building or an addition to, or replacement or repair of a building and the construction or plac ing in, on, over or under land of any of them, or (iii) a change of use of land or a building or

an act done in relation to land or a building that results in or is likely to result in a change in the use of the land or building, or (i

v) a change in the intensity of use of land or a building or

an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building; 7. "development appeal board" means the development appeal board appointed pursuant to

section 32 or a council where it is the development appeal board by virtue of

section 32, subsection (2); 8. "development officer" means 0) a person appointed as a development officer pur suant to a land use by-law or the land use regula tions, or (ii) where a municipal planning commission is authorized to act as a development officer, the municipal planning commission; 9. "development permit" means a document authorizing a development issued pursuant to a land use by-law or the land use regulations; 10. "environmental reserve" means the land specified to be environmental reserve by a subdivision approving authority pursuant to

section 92; 11. "general municipal plan" means a plan adopted by a council as a general municipal plan pursuant to this Act; 12. "highway" means (

i) a highway or proposed highway that is designated as a primary highway, 2

(ii) any other road designated as a controlled high way, and (iii) a highway designated as a secondary road, pursuant to The Public Highways Development Act and a pu blic roadway; 13. "instrument" means an instrument as defined in The Land Titles Act; 14. "land use by-law" means a by-law of a council passed as a land use by-law in accordance with this Act; 15. "land use regulations" means regulations made by the Lieutenant Governor in Council pursuant to

section 128; 16. "local authority" means (0 a council, or (ii) a school authority, or (iii) a district board under The Alberta Hospitals Act, or (i

v) the board of directors of an irrigation district, or (

v) the board of trustees of a drainage district; 17. "Minister" means the Minister of Municipal Affairs; 18. "municipal corporation" means (

i) the corporation of a city, town, new town, village, summer village, municipal district or county, or (ii) in the case of an improvement district or special area, the Minister; 19. "municipal planning commission" means a municipal planning commission established by a council pursuant to this Act; , 20. "municipal reserve" means the land specified to be municipal reserve by a subdivision approving authority pursuant to sections 93 and 95; 21. "municipality" means the area of a city town new , , to.wn,. village, summer village, county, municipal dis tnct, Improvement district or special area; 3

22. "non-conforming building" means a building (

i) that is lawfully constructed or lawfully under con struction at the date a land use by-law or any amendment thereof affecting the building or land on which the building is situated becomes effec tive, and (ii) that on the date the land use by-law or any amendment thereof becomes effective does not, or when constructed will not, comply with the land use by-Iaw~ 23. "non-conforming use" means a lawful specific use (

i) being made of land or a building or intended to be made of a building lawfully under construc tion, at the date a land use by-law or any amendment thereof affecting the land or building becomes effective, and (ii) that on the date the land use by-law or any amendment thereof becomes effective does not, or in the case of a building under construction will not, comply with the land use by-Iaw~ 24. "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 filed or regis tered in a land titles office~ 25.

"planning region" means that area of land in respect of which a regional planning commission has jurisdiction~ 26. "plan of subdivision" means a plan of survey prepared in accordance with

section 75 or 82 of The Land Titles Act for the purpose of effecting a subdi vision~ 27. "public roadway" means (

i) in a city, town, new town, village or summer village, a local road, service road, street, avenue or lane intended for public use, or (ii) in. a county, municipal district, improvement dis tnct or special area, a controlled street or rural road as defined in The Public Highways Develop ment Act and a service road or a lane intended for public use; 4

28. "public utility" means a public utility as defined in The Municipal Government Act; 29. "redevelopment area" means an area of land that is the subject of an area redevelopment plan; 30. "regional plan" means (

i) a plan approved by the Board and ratified by the Minister as a regional plan, or (ii) a plan made by the Minister pursuant to

section 43, subsection (4); 31. "regional planning commission" means a regional plan ning commission established by the Lieutenant Gover nor in Council pursuant to this Act; 32. "registered owner" means (D in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the Minister of the Crown having the administration of the land, or (ii) 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), the person registered under The Land Titles Act as the owner of the fee simple estate in the land; 33. "Registrar" has the same meaning as it has in The Land Titles Act; 34. "replot compensation ,-, means the compensation that may be awarded by the Land Compensation Board pur suant to

section 120; 35. "reserve land" means environmental reserve, municipal reserve or school reserve or a combination of municipal and school reserve; 5

36. "school authority" means the board of trustees of a school district or school di vision or the council of a county; 37. "school reserve" means the land specified to be school reserve by a subdivision approving authority pursuant to sections 93 and 95; '38. "statutory plan" means a general municipal plan, an area structure plan referred to in

section 60 and an area redevelopment plan or anyone or more of them; 39. "subdivision" means the division of a parcel by an instrument and "subdivide" has a corresponding meaning; 40. "subdivision approval" means the approval of a subdi vision by a subdivision approving authority; 41. "subdivision approving authority" means the person or authority empowered to approve a subdivision; 42. "subdivision regulations" means regulations made by the Lieutenant Governor in Council pursuant to

section 129. 6

PART 1 APPLICATION AND ADMINISTRATION Division 1 Application ,2. The purpose of this Act and the regulations is to provide means whereby plans and related measures may be prepared and adopted to (

a) achieve the orderly, economical and beneficial develop ment and use of land and patterns of human settlement, and (

b) maintain and improve the quality of the physical envi ronment within which patterns of human settlement are situated in Alberta, without infringing on the rights of individuals except to the extent that is necessary for the greater public interest. 3. This Act and the regulations do not apply when a develop ment or a subdivision is effected solely for the purpose of (

a) a highway, or (

b) a well or battery within the meaning of The Oil and Gas Conservation A ct, or (

c) a pipeline, or (

d) any other thing specified by the Lieutenant Governor in Council by regUlation. 4. Except as provided in this Act, nothing in this Act or the regulations or in any regional plan, statutory plan, replotting scheme or land use by-law gives a person a right to compensation. Division 2 Administration 5. .In accordance with The Public Service Act, there may be appomted such persons and employees as may be required for the administration of this Act and the regulations. 7

2. Purpose of the Act. 3. Application of the Act. 4. Compensation. 5. Staff. 7

6. Where the Minister is given any power or duty under this Act or the regulations, he may authorize one or more employees of the Crown in right of Alberta under his administration to exercise or perform that power or duty generally or with respect to any particular case upon such conditions or in such circum stances as the Minister prescribes and thereupon that power or duty may be exercised or performed by the employees so authorized in addition to the Minister. 7.

(1) If anything to be done by a council, person or body of persons, within a number of days or at a time fixed by or under this Act or the regulations, cannot be or is not so done, the Minister may by regulation from time to time appoint a further or other time for doing it, whether the time at or within which it ought to have been done has or has not arrived or expired, as the case may be.

(2) Anything done at or within the time specified in the regulation is as valid as if it had been done at or within the time fixed by or under this Act. 8. Where the population of a municipality has to be determined for any purpose under this Act or the regulations, it shall be determined in the same way as it is determined under

section 28 of The Alberta Property Tax Reduction Act. Alberta Planning Fund 9.

(1) There is hereby established a fund called the "Alberta Planning Fund" which shall be held and administered by the Minister and in respect of which a separate accounting record shall be kept.

(2) The Minister may, by regulation, (

a) establish one or more rates expressed in mills, and (

b) specify the municipality or class or type of municipality to which each rate is applicable, and in each case may specify the one or more years in respect of which the rate or rates are to apply.

(3) Each council shall pay into the Alberta Planning Fund annually a sum of money equal to the amount which results 8

6. Delegation. 7. Time extension. 8. Population figures. 9. Alberta Planning Fund. 8

from applying the applicable mill rate established pursuant to subsection (2) to the equalized assessment of the municipality as established for the year under The Municipalities Assessment and Equalization Act. 10.

(1) The Board shall notify each council by May 1 of each year, or as soon thereafter as possible, of the amount the council is required to pay into the Al berta Planning Fund.

(2) Each council shall pay the amount required of it on or before June 1 of each year or within 30 days of the Board's notification under subsection (1), whichever last occurs. 11.

(1) At the request of the Minister, there shall be trans ferred into the Alberta Planning Fund such moneys as are appropriated for that purpose by the Legislature.

(2) There shall be paid from the Alberta Planning Fund such sums as may be authorized by the Board and to such persons as may be specified by it for any or all of the following purposes: (

a) the operation and administration of a regional planning commission; . (

b) enabling any plan referred to in this Act to be prepared; (

c) enabling any special planning studies to be carried out.

(3) Any money in the Alberta Planning Fund at the end of the fiscal year remains in the Fund for use in any fiscal year thereafter. 9

10. Payment to the Fund. 11. Payments into and out of the Fund. 9

PART 2 ESTABLISHMENT AND FUNCTIONS OF PROVINCIAL, REGIONAL AND MUNICIPAL PLANNING AUTHORITIES Division 1 Alberta Planning Board 12.

(1) The Alberta Planning Board is hereby established.

(2) The Board shall be composed of those persons appointed by the Lieutenant Governor in Council as members of the Board.

(3) The Lieutenant Governor in Council shall designate one member of the Board as chairman and may designate one or more other members as vice-chairmen.

(4) In the event of the absence or inability to act of the chairman of the Board, a vice-chairman shall act as chairman and if no vice-chairman is designated or in the event of his or their absence or inability to act, the members of the Board present at the" meeting shall elect a member to act as chairman. 13.

(1) Each member of the Board holds office during pleasure.

(2) The chairman and other members of the Board shall receive such remuneration, travelling and living expenses for their services as the Lieutenant Governor in Council determines. 14.

(1) The members of the Board shall meet at the times and places specified by the chairman.

(2) At the direction of the chairman of the Board a vice- chairman shall ' (

a) act as chairman of the Board, or 10

12. Alberta Planning Board established. 13. Holding office and remuneration. 14. Meetings of the Board and the quorum. 10

(

b) act as chairman of a committee of the Board.

(3) A quorum of the Board or of a committee of the Board is three members.

(4) The Board may meet in two or more committees simultaneously. 15.

(1) A decision of a committee of the Board is a decision of the Board.

(2) A decision of a majority of the members of the Board or a committee of the Board present and constituting a quorum is a decision of the Board, but if there is a tie vote, the member who is chairman of the meeting may cast a second vote.

(3) Notwithstanding a vacancy in the membership of the Board, the remaining members thereof, if at least three mem bers remain in office, have and may exercise and perform the powers and duties of the Board. 16.

(1) The Board may (

a) make its orders, decisions and approvals and issue notices with or without conditions, and (

b) make such rules of procedure for the conduct of its business, for hearings before it and conducting inquiries and for any other matter as it considers necessary.

(2) The Board may (

a) rehear any matter in respect of which it has not made a decision, or (

b) rev~ew, rescind or vary any order, decision, approvalot notice or any condition attached thereto if no develop me~t. has commenced as a result of the original order, decIsIOn, approval or notice and rehear or hear new evidence or argument related thereto. . 11

15. Decisions of the Board. 16. Jurisdiction of the Board. 11

(3) The Lieutenant Governor in Council may confer or impose upon the Board such duties or functions as he considers necessary. 17. (

I) For the purposes of this Act and the regulations, the Board may (

a) summon and enforce the attendance of witnesses in the same manner as a court of record in civil cases~ (

b) require a person to attend and produce such plans, documents or other things as it considers necessary for the purpose of any inquiry, hearing, appeal or other matter coming within its jurisdiction.

(2) Any member of the Board may administer an oath to a person appearing before it. 18. (

I) Where in the opinion of the Board (

a) the attendance of a person is required, or (

b) the attendance of a person to produce a document or other thing is necessary, the Board may cause to be served on the person concerned a notice to attend or a notice to attend and produce, as the case may be, signed by the chairman or a vice-chairman of the Board. (2)· Where a person fails or refuses to comply with (

a) a notice to attend, or (

b) a notice to attend and produce a document or other thing, i~sued by the Board, a judge of the Supreme Court, on applica tIon of the Board, may issue a bench warrant requiring the attendance of the person or the attendance of the person to produce the document or other thing, as the case may be, before.the Board. 12

17. Proceedings before the Board. 18. Attendance of witnesses and production of documents. 12

(1) The Board shall after the end of each Government fiscal year make a report to the Minister of its activities in the preceding fiscal year which shall contain a copy of a financial statement audited by the Provincial Auditor relating to the Alberta Planning Fund.

(2) Upon the receipt of the report referred to in subsection (1) by the Minister, he shall lay a copy of it before the Legisla tive Assembly if it is then sitting and if not, within 15 days after the commencement of the next sitting. Division 2 Regional Planning Commissions 20.

(1) The Lieutenant Governor in Council may by regulation establish one or more regional planning commissions.

(2) The Lieutenant Governor in Council may make regulations (

a) specifying the name by which each regional planning commission is to be known; (

b) describing the area within which each regional planning commission is to exercise its jurisdiction; (

c) after the establishment of a planning region, changing the area of the planning region.

(3) A regional planning commission established by regula tion is a corporation.

(4) The fiscal year of each regional planning commission is the 12-month period commencing April 1 each year or such other period as the Lieutenant Governor in Council may specify. 21. A regional planning commission shall (

a) upon its establishment hold an organizational meeting after giving notice of its intention to do so to the council 13

19. Annual report. 20. Establishment of regional planning commissions. The effect of establishing regional planning commissions as corporations is to vest in them the powers provided by

section 14 of The

Interpretation Act which reads: J 4. Words in an enactment establishing a corporation (

a) vest in the corporation power to sue and be sued, to contract and be contracted with by its corporate name, to have a common seal and to alter or change it at pleasure, to have perpetual succession, to acquire and hold personal property or movables jor the purposes jor which the corporation is constituted and to alienate the same at pleasure, (

b) vest in a majority oj the members oj the corporation the power to bind the others by their acts, and (

c) exempt from personal liability jor its debts, obligations or acts such individual members oj the corporation as do not contravene the provi sions oj the enactment incorporating them. 21. Compulsory meetings. 13

of each municipality within its planning region, at which meeting the members shall elect a chairman and one or more vice-chairmen, and (

b) each year, hold an annual general meeting upon giving notice of its intention to do so to the council of each municipality within its planning region. 22.

(1) Where a regional planning commission has been estab lished, the Minister shall (

a) designate the councils that are to be represented on the commission, and (

b) specify the number of members of council that are to be appointed by the council as members of the commission.

(2) Where a council is designated under subsection (1), it shall forthwith appoint the number of members of council required to be appointed by it and may specify the term of office of each person so appointed.

(3) In addition to the one or more persons appointed pursuant to subsection (2), the council may appoint one alter nate member for each member appointed, to act in the place of the member if the member is absent or unable to attend a meeting of the regional planning commission or any committee thereof.

(4) Where an alternate member acts in place of a member of a regional planning commission, the alternate member is a member of the commission for all purposes. 23.

(1) The council of each municipality situated in a planning region that is not represented on a regional planning commis sion may appoint a member of its council to attend (

a) the organizational meeting of the commission, and (

b) each annual general meeting of the commission. 14

22. Members and alternate members of a regional planning commission. 23. Special rights to attend regional planning commission meetings. 14

(2) Where a regional planning commission deals with an item of business affecting a council that is not represented on the commission, a member of the council affected or a person on its behalf may speak to and vote on the matter as if he were a member of the commission. 24.

(1) A regional planning commission may (

a) appoint such committees as it considers necessary con sisting of its members or a combination of its members and such other persons as it considers necessary~ (

b) delegate to any committee such of its powers and duties as it considers necessary except the power to adopt a regional plan or any amendment thereto.

(2) A decision of a committee of a regional planning commission is a decision of the commission.

(3) Notwithstanding a vacancy in the membership of a regional planning commission, the remaining members thereof, if at least a majority remain in office, have and may exercise and perform the powers and duties of the commission. 25.

(1) A regional planning commission may (

a) make its orders, decisions and approvals and issue notices with or without conditions, and (

b) make such rules of procedure for the conduct of its business, the calling of meetings and the quorum thereat, the holding of hearings and the procedure at the hearing and for any other matter it considers necessary.

(2) A regional planning commission may (

a) employ a person as director of the commission and may delegate to him or to a person acting in the capacity of director, the power to act as a subdivision approving authority with or without conditions~ (

b) employ or engage the services of such other persons as it considers necessary and prescribe such rules of con duct for persons employed or engaged by it as it consid~ ers necessary~ 15

24. Regional planning commission committees and decisions. 25. Jurisdiction of regional planning commission. 15

(

c) fix the remuneration, travelling and living expenses of members of the commission and of persons employed or engaged by it; (

d) prescribe fees charged for any other thing or service provided to the public.

(3) A regional planning commission may (

a) upon the request of a council of a municipality situated in its planning region, prepare or assist in the prepara tion of 0) a statutory plan, or (ii) a land use by-law, or both of them; (

b) provide such advice and assistance to a council or a municipal planning commission as is agreed upon by the regional planning commission and the municipal plan ning commission or a council, as the case may be; (

c) upon request to do so by the Minister, a councilor the Local Authorities Board, 0) submit suggestions with respect to any proposed annexation, and (ii) attend a hearing of the Local Authorities Board and speak to any matter before it; (

d) encourage, by whatever means it considers appropriate, participation by the general public in planning matters. 26.

(1) On or before July 1 each year each regional planning commission shall send to the Board and each council of every municipality in its planning region, in such form and detail as the Board may prescribe, (

a) a report of its activities in the preceding fiscal year, and (

b) an audited financial statement relating to the preceding fiscal year. 16

26. Annual reports. 16

(2) On or bef<>re a date fixed each year by the Board, each regional planning commission shall send to the Board (

a) a report of the activities it proposes to undertake in the forthcoming fiscal year, and (

b) an estimate of its anticipated revenues and expenditures required as a result of its proposed activities. Division 3 Municipal Planning Commissions 27.

(1) A council may by by-law establish a municipal planning commission.

(2) A municipal planning commission shall be composed of not less than three persons. 28.

(1) Subject to

section 27, where a council establishes a municipal planning commission, it may by by-law (

a) provide for 0) the manner in which persons are to be appointed as members of the commission, (ii) the manner in which vacancies on the commis sion are to be filled, (iii) the manner in which a chairman and any vice chairmen are to be designated from the members of the commission, and Ov) the remuneration, travelling and living expenses of the chairman and other members of the commission; (

b) specify the terms of office of the chairman and other members of the commission either generally or with respect to specific appointments; 17

27. Establishment of municipal planning commissions. 28. Contents of by-law establishing municipal planning commission. 17

(

c) provide for the operation of and the conduct of the business of the commission including the setting of fees for any matter coming before it, the holding of meetings and the quorum thereat, the keeping of records and such other matters relating to the operation and the conduct of the business of the commission as it consid ers necessary.

(2) A council may by by-law delegate, with or without conditions, to a municipal planning commission appointed by it the power to issue development permits.

(3) A by-law made pursuant to subsection (2) may authorize a municipal planning commission to act as a development offi cer in addition to or in place of a development officer appointed by the council. 29. A municipal planning commission may make its orders, decisions, development permits and approvals and issue notices with or without conditions. 30. Notwithstanding a vacancy in the membership of a munici pal planning commission, the remaining members thereof, if at least three remain in office, have and may exercise and perform the powers and duties of the commission. 31.

(1) The Minister may authorize a council with or without conditions to act as a subdivision approving authority.

(2) Where a council is authorized to act as a subdivision approving authority, the council may by resolution with or without conditions delegate to a municipal planning commission appointed by it the power to act as a subdivision approving authority for the municipality.

(3) A municipal planning commission to whom the power to act as a subdivision approving authority has been delegated may, with the consent of the council, delegate its power with or without con ditions to one or more of its members and thereupon the power may be exercised or performed by the one or more members in addition to the commission. 18

29. Decisions of a municipal planning commission. 30. Procedural. 31. Delegation of subdivision approving authority to municipal plan ning commissions. 18

Division 4 Development Appeal Boards 32.

(1) A council of a municipality having a population of 1000 or more shall by by-law establish a development appeal board.

(2) Where a municipality has a population of less than 1000, the council is the development appeal board unless the council by by-law establishes a development appeal board. 33.

(1) A development appeal board established under

section 32, subsection (1) shall be composed of not less than three persons appointed by the council.

(2) Each member of the development appeal board shall be appointed for a term of not more than three years but a person may be reappointed upon the expiry of his term.

(3) No person who is a development officer or a member of a municipal planning commission shall be appointed to or act as a member of a development appeal board. 34. Subject to

section 33, where a council establishes a devel opment appeal board, it may by by-law (

a) provide for (

i) the manner in which persons are to be appointed as members of the board, (ii) the manner in which vacancies on the board are to be filled, (iii) the manner in which a chairman and any vice chairmen are to be designated from members of the board, and (iv) the remuneration, travelling and living expenses of the members of the board; (

b) specify the terms of office of the chairman and other members of the board either generally or with respect to specific appointments; 19

32. Establishment of development appeal boards. 33. Members of development appeal boards. 34. Appointments and records. 19

(

c) provide for the operation of and the conduct of the business of the board including the setting of fees for any matter coming before it, the holding of meetings and the quorum thereat, the keeping of records and such other matters relating to the operation and the conduct of the business of the board as it considers necessary. 35. A development appeal board may make its orders, deci sions and approvals and issue notices with or without conditions. 36. Notwithstanding a vacancy in the membership of the development appeal board, the remaining members thereof, if at least three remain in office, have and may exercise and perform the powers and duties of the board. Division 5 General 37.

(1) Where a member of a council is appointed as a member of (

a) a regional planning commission, or (

b) a municipal planning commission, or (

c) a development appeal board, his appointment terminates upon his ceasing to be a member of the council.'

(2) A person who is a member of a municipal planning commission or a development appeal board who ceases to be a member of a council and who is otherwise eligi ble to be appointed, may be reappointed as a member of the municipal planning commission or development appeal board, as the case may be. 38.

In the event of the absence or inability to act of the chairman at a meeting of a regional planning commission, a municipal planning commission or a development appeal board, a vice-chairman shall act as chairman and if no vice-chairman is designated or in the event of the absence or inability to act of the vice-chairman, the members of the regional planning com mission, municipal planning commission or development appeal board, as the case may be, present at the meeting shall elect a member to act as chairman at that meeting. 20

35. Decisions of development appeal board. 36. Procedural. 37. Automatic termination of appointment of council members in certain circumstances. 38. Absence or inability to act of chairman. 20

39. The following persons or authorities, namely, (

a) the Board; (

b) a regional planning commission; (

c) a municipal planning commission; (

d) a development appeal board; (

e) a development officer; ([) a person empowered to approve applications for subdivi sion approval; (

g) a council when acting pursuant to this Act or the regulations; (

h) the Minister or any person authorized by him, in the exercise of any powers and duties imposed or conferred on him or it pursuant to this Act or the regulations, 0) may accept such oral or written evidence as he or it in his or its discretion considers proper whether admissible in a court of law or not, and

G) are not bound by the laws of evidence applicable to judicial proceedings. 40.

(1) An order, decision, approval, notice or other thing made, given or issued by (

a) the Board, or (

b) a regional planning commission, or (

c) a municipal planning commission, or (

d) a development appeal board, may be signed on its behalf by its chairman, a vice-chairman or a member elected to act as chairman.

(2) An order, decision, approval, notice or other thing, purporting to be signed by the chairman, a vice-chairman or a member elected to act as chairman on behalf of an authority referred to in subsection (1), shall be admitted in evidence as prima facie proof 21

39. Proceedings before authorities. 40. Issue of decisions. 21

(

a) of the order, decision, approval, notice or other thing, and (

b) that the person signing it was authorized to do so, without proof of the appointment of the person signing as a member of the authority concerned or his appointment, election or designation as chairman or vice-chairman, as the case may be, or of his signature. Right of Entry 41.

(1) Any of the following persons, namely, (

a) an employee of the Crown in right of Alberta authorized by the Minister to do so, or (

b) a member of a council, or (

c) a member of (D the Board, or (ii) a regional planning commission, or (iii) a municipal planning commission, or (iv) a development appeal board, or (

d) an employee of a councilor a regional planning commis sion authorized by the councilor the commission to do so, may at any reasonable time, enter upon land or a building for the purpose of making an inspection or carrying out any power or duty required for the administration of this Act, the regula tions or any land use by-law.

(2) If a person specified in subsection (0 is refused entry or obstructed or interfered with in any way, he may apply to the District Court by way of originating notice for an order restrain ing the person named in the order or any other person from preventing, interfering with or obstructing any person specified in subsection (0 from making an inspection or exercising any power or duty referred to in subsection (0.

(3) A copy of the originating notice and a copy of each affidavit in support shall be served not less than three days before the day named in the notice for hearing the application. 22

41. Right of entry. 22

PART 3 REGIONAL PLANS AND STATUTORY PLANS 42. Any plan referred to in this Part may include (

a) maps, diagrams and other graphic aids, and (

b) such written statements, policies, proposals and fore casts as are considered necessary and appropriate for the plan in which they appear. Division 1 Regional Plans 43.

(1) Each regional planning commission shall, on or before December 31, 1982, adopt a plan for the planning region under its jurisdiction in accordance with this Act which shall be known as the "(name of region) Regional Plan".

(2) Pending completion of a regional plan a regional plan ning commission may prepare a plan for anyone or more parts of the planning region.

(3) Any reference in this Act or the regulations to a regional plan includes a plan prepared for part of a planning region.

(4) The Minister may prepare a regional plan for any area of Alberta not included in a planning region. 44. A regional plan shall provide for the present and future land use. and development of the planning region and amongst other thmgs shall take into account such policies and other matters as the Minister may from time to time prescribe. 23

42. Contents of plans generally. 43. Preparation of regional plan. Preliminary regional plans passed under the former Act are deemed to be regional plans for the purposes of this Act until December 31, 1982. See

section 141. 44. Contents of regional plan. 23

(1) A regional planning commISSIOn shall, during the preparation of a regional plan, provide an opportunity to the Board and the councils of those municipalities situated in the planning region and those local authorities and persons affected by it of making suggestions and representations with respect to the plan.

(2) The opportunity for making suggestions and representa tions referred to in subsection (1) shall include the publication of one or more notices in a newspaper circulating in the planning region of a statement to the following effect: ·(

a) that a regional plan is proposed and its effect on the planning region~ (

b) where a draft has been prepared, an invitation to inspect the proposed plan and supporting material at the times and places specified in the notice~ (

c) an invitation to make suggestions and representations within such time as is specified in the notice.

(3) A copy of a proposed regional plan shall be sent to (

a) the Minister, (

b) the council of each municipality in the planning region, (

c) any other local authority whose powers extend to the planning region, and (

d) such other persons or organizations as the regional planning commission considers necessary, inviting comments within such period of time as is specified by the commission. 46. (1! Before a regional planning commission adopts a region al plan I~ shall hold one or more public hearings and give notice thereof In accordance with this section.

(2) T~e re~ional planning commission shall publish in one or more notIces In a newspaper circulating in the planning region a statement 24

45. Public participation in the regional plan. 46. Public hearing. 24

(

a) of the intention of the regional planning commission to hold a public hearing on the proposed regional plan~ (

b) of the date, place and time of the hearing~ (

c) that the public is invited to make suggestions and repre sentations with respect to the plan~ (

d) in general terms, the procedure to be followed by anyone wishing to be heard at the hearing~ (

e) in general terms, the manner in which the hearing will be conducted.

(3) At the public hearing referred to in the notice, the regional planning commission shall hear (

a) any person or group of persons, or person acting on his or their behalf, wishing to be heard and who has complied with the procedure specified by the commis sion, and (

b) any other person who wishes to make representations and whom the commission agrees to hear. 47.

(1) After the public hearing referred to in

section 46, the regional planning commission shall consider the representations made to it and may make such changes to the proposed regional plan as it considers necessary.

(2) The regional planning commission shall give at least 30 days' notice in writing to each council of each municipality" in the planning region of its intention to consider the adoption of the proposed regional plan as the regional plan. 48. A regional planning commission, at any meeting of which notice has been given pursuant to

section 47, subsection (2), may adopt the proposed regional plan as the regional plan for the planning region upon the affirmative vote of at least two thirds of those persons entitled to vote and who are present and vote. 25

47. Changes to regional plan and notice of intention to adopt. 48. Adoption of regional plan by regional planning commission. In addition to the members of the commission, the persons entitled to vote on the plan are described in

section 23, subsection (2). 25

(1) Where a proposed regional plan is adopted by a regional planning commission, the commission shall send the plan to the Board.

(2) Upon receipt of a proposed regional plan adopted by a regional planning commission, the Board shall review it and may (

a) return it to the regional planning commission with sug gestions for changes, or (

b) approve it and send the plan to the Minister with or without recommendations.

(3) Upon receipt of a regional plan pursuant to subsection (2), the Minister may (

a) return the plan to the Board directing that it be referred back to the regional planning commission with sugges tions for changes, or (

b) ratify the plan. 50.

(1) Where a proposed regional plan is referred back to a regional planning commission, the commission shall (

a) reconsider it at a meeting called in the same manner as required under

section 47, subsection (2), and (

b) if it agrees to the changes suggested or other changes, vote affirmatively in the same way as required under

section 48.

(2) Upon agreeing to the changes pursuant to subsection (1), the regional planning commission shall send the plan to the Board and thereupon the provisions of

section 49 apply. 51.

(1) Where a regional plan has been ratified by the Minister, no loc~l authority shall enact any by-law, take any action or authoflze or undertake any development that is inconsistent with the regional plan.

(2) Every statutory plan, replotting scheme and land use by-law, every action taken or thing done by a local authority, 26

49. Ratification of regional plan. 50. Plans referred back to the regional planning commission. 51. Effect of regional plan. 26

regional planning commission or a council and every decision of a municipal planning commission, development appeal board or development officer shall conform with the regional plan.

(3) The regional planning commission shall send the region al plan ratified by the Minister to every local authority affected by it.

(4) The Regulations Act does not apply to a regional plan. Amendments to a Regional Plan and Appeals 52.

(1) A local authority affected by a regional plan may apply to the regional planning commission to amend the regional plan.

(2) A member of a regional planning commission may make a motion to amend a regional plan.

(3) No amendment to a regional plan shall be sent to the Board unless (

a) notice of the vote proposed was given in accordance with

section 47, subsection (2), and (

b) at least two thirds of the persons entitled to vote under

section 48 and who were present and voted, voted in favour of the amendment.

(4) Where the Board approves an amendment, the amend ment comes into effect in accordance with

section 55, subsec tion (2). 53.

(1) Where a regional planning commission refuses to approve the amendment, the applicant may appeal to the Board.

(2) An appeal under this

section shall be in writing stating the reasons for the appeal and a copy thereof shall be served on any local authority affected by the appeal.

(3) An appeal shall be made within 60 days of the date of the decision appealed. 27

52. Amendments to regional plans. 53. Appeal to the Board. 27

(1) The Board shall hold a public hearing on the appeal after giving at least 10 days' notice to (

a) the appellant, (

b) the Minister, (

c) the council of each municipality in the planning region, (

d) every other local authority whose powers extend to the planning region, and (

e) such other persons or organizations as the Board consid ers necessary.

(2) After hearing the parties and any other local authority or person it wishes to hear, the Board may approve the amend ment and if it does so, shall submit it to the Minister for ratification with or without recommendations.

(3) Notwithstanding an order under subsection (2), the Minister may refus~ to ratify the amendment to the regional plan. 55.

(1) Where the Board approves an amendment to a regional plan but does not certify the amendment to be of a minor nature, the Board shall refer it to the Minister for ratification

(2) An amendment to a regional plan takes effect (

a) where the Board certifies the amendment to be of a minor nature, upon the certification being made; or (

b) in any other case, upon ratification by the Minister. Repeal of Regional Plan 56.

(1) Upon the recommendation of a regional planning commission, the Minister may repeal a regional plan.

(2) A regional planning commission shall not make a recommendation to repeal a regional plan unless (

a) notice of the vote proposed was given in accordance with

section 47, subsection (2), and 28

54. Board decision. 55. Amendments to regional plan. 56. Repeal of regional plan. 28

(

b) at least two-thirds of the persons entitled to vote under

section 48 and who were present and voted, voted in favour of the repeal. Division 2 Statutory Plans General Municipal Plans 57.

(1) Subject to subsection (3), a council of (

a) a city, town, new town, village or summer village having a population of 1,000 or more, and (

b) a county or municipal district having a population of 10,000 or more shall, by by-law passed in accordance with

Part 6, adopt a plan for the municipality to be known as the" (name of municipal ity) General Municipal Plan".

(2) A council to which subsection (1) does not apply may, by by-law passed in accordance with

Part 6,adopt a plan for the municipality to be known as the "(name of municipality) General Municipal Plan".

(3) The councils of two or more municipalities may, by each passing a by-law in accordance with

Part 6, adopt a joint general municipal plan to include such areas of land lying within the boundaries of the municipalities as the councils consider neces sary and upon its adoption the joint general municipal plan shall be considered to be a general municipal plan for all purposes. 58. A council shall, during the preparation of a general munici pal plan, provide an opportunity to those persons affected by it of making suggestions and representations. 59. A general municipal plan shall (

a) describe (D the manner in which future development will be carried out, 29

57. Preparation of general municipal plans. 58. Public participation in the preparation of a general municipal plan. 59. Contents of general municipal plan. 29

(ii) the times within which development should be completed, and (iii) the land uses proposed for the municipality~ (

b) designate the areas of the municipality that would~ in the opinion of the council, be suitable for an area structure plan or an area redevelopment plan or both~ (

c) contain such other matters as the council considers necessary. Area Structure Plans 60.

(1) For the purpose of providing a framework for subse quent subdivision of an area of land in a municipality, a council may, by by-law passed in accordance with

Part 6, adopt a plan to be known as the" (name) Area Structure Plan".

(2) An area structure plan shall (

a) conform to any general municipal plan in existence and affecting the area that is the subject of the area structure plan; (

b) describe (

i) the sequence of development proposed for the area, (ii) the land uses proposed for the area, either gener ally or with respect to specific parts of the area, (iii) the density of population proposed for the area either generally or with respect to specific parts of the area, and (iv) the proposed walkways, public roadways and pub lic utilities~ (

c) contain such other matters as the council considers necessary. 30

60. By-law adopting an area structure plan. 30

Area Redevelopment Plans 61. A council may, by by-law passed in accordance with

Part 6, (

a) designate an area of the municipality as a redevelopment area for the purpose of (

i) improving the land in the area, or (ii) improving or demolishing and constructing buildings in the area, and (

b) adopt a plan for that area to be known as the" (name) Area Redevelopment Plan". 62. A by-law adopting an area redevelopment plan may, (

a) in accordance with this

section and

section 70, provide for the imposition and collection of a levy to be known as a redevelopment levy, and (

b) authorize a development officer, with or without condi tions, to perform any function with respect to the impo sition and collection of the levy as is specified in the by-law. 63. An area redevelopment plan shall (

a) conform with any land use by-law and any other statu tory plan affecting the area that is the subject of the plan~ (

b) describe (D the type of development proposed for the area, (ii) the sequence of development proposed for the area, (iii) the manner in which the development will affect the residents of the area and the land and build ings thereon, and 31

61. By-law adopting an area redevelopment plan. 62. By-law adopting an area redevelopment plan. 63. Contents of an area redevelopment plan. 31

(iv) the proposals for temporary or permanent reloca tion of persons disturbed by the development, if any; (

c) where a redevelopment levy is to be imposed (D state the one or more purposes for which it is imposed, and (ii) specify the proportion of the levy collected that will be paid to a school authority, if any; (

d) describe proposals for the aquisition of land for any public municipal use, school facilities, parks and recrea tion facilities or such other purposes as the council considers necessary; (

e) contain such other proposals as the council considers necessary. 32

PART 4 IMPLEMENTATION OF PLANS Division 1 Land Use By-law 64.

(1) A council of a municipality with a population of 1,000 or more shall pass a by-law in accordance with

Part 6, to be known as the" (name of municipality) Land Use BY-law".

(2) A council of a municipality with a population of less than 1,000 may pass a by-law in accordance with

Part 6, to be known as the" (name of municipality) Land Use By-law". 65.

(1) A land use by-law may prohibit or regulate and control the use and development of land and buildings within a municipality.

(2) A land use by-law shall (

a) divide the municipality into districts of such number and area as the council considers appropriate; (

b) unless the district is designated as a direct control dis trict pursuant to

section 66, prescribe with respect to each district, in accordance with

section 67 and with or without conditions, (

i) the permitted uses of land or buildings, or (ii) the discretionary uses of land or buildings, or both; (

c) unless a municipal planning commission is authorized to issue development permits in place of a development officer pursuant to

section 28, subsection (2), establish the office of one or more development officers and provide for the manner in which development officers are to be appointed; (

d) establish a method of issuing development permits to persons for any development including provision for (i) ~he types of development permit that may be Issued, 33

64. Land use by-law mandatory unless municipality has a population of less than 1,000. 65. Land use by-law. 33

(in the procedure for applying for a development permit, (iii) the procedure for processing an application for, or issuing, cancelling, suspending or refusing to issue, a development permit, (iv) the conditions and restrictions that may be attached to a development permit either generally or with respect to a specific type of permit, (

v) the period of time that any type of development permit remains in effect, (vi) the discretion that a development officer is per mitted to exercise with respect to development permits, and (vii) such other matters as may be necessary to regul ate and control the issue of development permits as to the council appears necessary~ (

e) prescribe a procedure to notify registered owners of land likely to be affected by the issue of a development permit for a use prescribed pursuant to

section 67, subsection (1), clause (b).

(3) Without restricting the generality of subsection (0, a land use by-law may provide for any or all of the following matters, either generally or with respect to any district or part of a district established pursuant to subsection (2), clause (a): 1. subject to the subdivision regulations, the minimum and maximum area of parcels~ 2. the ground area, floor area, height, size and location of buildings~ 3. the amount of land to be provided around or between buildings~ 4. the landscaping of land or buildings~ 5. the location, height and maintenance of fences and walls~ 6. the establishment and maintenance of (

i) off-street or other parking areas, and (ii) loading and unloading areas, and such other areas as in the opinion of the council may be necessary~ 34

7. the design, character and appearance of buildings; 8. the location and amount of access to parcels from public roadways and ensuring that there is at least one means of access from each parcel to a public roadway; 9. the lighting of land and buildings or other things; 10. the storage or screening of any building or other thing; 11. the enlargement, alteration, repair or removal or reloca tion of buildings; 12. the excavation or filling in of land or the removal of top soil from land; 13. the trimming or removal of trees and hedges; 14. the development of buildings 0) on land subject to flooding or subsidence or that is low lying, marshy or unstable, or (ii) on land adjacent to or within a specified distance of the bed and shore of any lake, river, stream or other body of water, or (iii) subject to regulations made under

section 132, within a specified area around an airport; 15. the density of population in any district or part thereof; 16. the designation of a district as a direct control district subject to and in accordance with

section 66; 17. the establishment of such agreements, forms, fees and procedural matters as the council considers necessary; 18. the issue of orders requiring an application for subdivi sion approval pursuant to

section 74; 19. the issue of orders pursuant to

section 76.

(4) A land use by-law may authorize the councilor a development officer to approve an application for a develop ment permit notwithstanding that the proposed development does not comply with the land use by-law where (

a) compliance with the by-law would cause practical diffi culties for the applicant, and (

b) the proposed development would not, in the opinion of the development officer or the council, 35

0) unduly interfere with the amenities of the neigh bourhood, or (ii) materially interfere with or affect the use, enjoy ment or value of neighbouring properties. 66. (

I) A council that has adopted a general municipal plan, where it considers it desirable to exercise particular control over the use and development of land or buildings within an area of the municipality, may in its land use by-law designate that area as a direct control district.

(2) Where a direct control district is designated, the council may regulate and control the use or development of land or buildings in the district in such manner as it considers necessary. 67.

(1) Except for a district designated as a direct control district, upon the establishment of districts under a land use by-law, the council shall prescribe in the by-law (

a) those one or more uses of land or buildings that are permitted in each district, with or without conditions, or (

b) those one or more uses of land or buildings that may be permitted in each district in the discretion of a develop ment officer or the council, as the case may be, with or without conditions.

(2) Where a person applies for a development permit in respect of a development permitted by a land use by-law pursuant to subsection (0, clause (a), the development officer shall, where the application otherwise conforms to the land use by-law, issue a development permit.

(3) Where a person applies for a development permit in respect of a development that may, in the discretion of a development officer or the council be permitted pursuant to subsection (0, clause (b), the development officer or the council, as the case may be, may issue a development permit. 68. (0 Where land is designated under a land use by-law for use or intended use as a municipal public building, school facili ty, park or recreation facility and the municipal corporation does not own the land, the council shall, within six months from the date the land is so designated, acquire or commence proceedings to acquire the land.

(2) Notwithstanding subsection (0 where the Crown in right of Canada, the Crown in right of Alberta or another local authority acquires or commences proceedings to acquire the 36

66. Designation of direct control districts. 67. Permitted and discretionary uses. 68. Acquisition of land designated for public use. 36

land referred to in subection (1), the council is not required to acquire the land. Non-Conforming Uses and Non-Conforming Buildings 69.

(1) Where (

a) on or before the day on which a land use by-law or any by-law for the amendment thereof comes into force in a municipality, a development permit has been issued, and (

b) the enactment of the by-law would render the develop- ment in respect of which the permit was issued, a non-conforming use or non-conforming building, the development permit continues in effect notwithstanding anything to the contrary in the by-law.

(2) A non-conforming use of land or a non-conforming use of a building may be continued but if that use is discontinued for a period of six consecutive months or more, any future use of the land or building shall conform with the provisions of the land use by-law then in effect.

(3) A non-conforming use of part of a building may be extended throughout the building but the building, whether or not it is a non-conforming building, shall not be enlarged or added to and no structural alterations shall be made thereto or therein.

(4) A non-conforming use of part of a parcel shall not be extended or transferred in whole or in part to any other part of the parcel and no additional buildings shall be erected upon the parcel while the non-conforming use continues.

(5) A non-conforming building may continue to be used but the building shall not be enlarged, added to, rebuilt or structur ally altered except (

a) as may be necessary to make it a conforming building, or (

b) as the development officer considers necessary for the routine maintenance of the building.

(6) If a non-conforming building is damaged or destroyed to the extent of more than 75 per cent of the value of the building abov.e its fou~dation, the building shall not be repaired or rebUIlt except In accordance with the land use by-law. 37

69. Non-conforming buildings and non-conforming uses. 37

(7) The use of land or the use of a building is not affected by reason only of a change of ownership, tenancy or occupancy of the land or building. Division 2 Redevelopment and Off-site Levies and Development Conditions 70.

(1) Where a person applies for a development permit in respect of development in a redevelopment area and the area redevelopment plan contains proposals for residential, commer cial or industrial development, a redevelopment levy may be imposed on the applicant in accordance with the by-law adopting the area redevelopment plan.

(2) A redevelopment levy imposed and collected shall be used to provide for the residents of the redevelopment area (

a) land for a park or land for school buildings designed for the instruction or accommodation of students, or (

b) land for new or expanded recreation facilities, or both.

(3) A redevelopment levy imposed and ·collected under this Act may be imposed and collected only once in respect of a development and only before a development permit is issued in respect thereof.

(4) A redevelopment levy imposed pursuant to this Act may vary between one class of development and another in a rede velopment area.

(5) Where a redevelopment levy is collected, the council shall pay that portion of the levy imposed to provide land for school buildings designed for the instruction or accommodation of students to the one or more school authorities in need thereof. 71.

(1) A council may by by-law (

a) provide for the imposition of a levy to be known as an off-site levy in respect of development on previously undeveloped land for the purposes described in subsec tion (2), and (

b) authorize an agreement to be entered into in respect thereof. 38

70. Redevelopment levies. 71. Off-site levy. 38

(2) An off-site levy may be used only to pay for all or any part of the cost of new or expanded (

a) water supply, treatment and storage facilities; (

b) sanitary sewage treatment and disposal facilities; (

c) storm drainage facilities; or for land in connection with all or any of them.

(3) An off-site levy imposed under this Act may be imposed once only in respect of a development and only before a development permit is issued in respect thereof. 72. A council may require with respect to any development that, as a condition of issuing a development permit, the appli cant construct a public roadway required to give access to the development and install utilities and other services that will be necessary as a result of the development. Division 3 Development Control Dwelling Units on a Parcel 73.

(1) No person shall construct or locate or cause to be constructed or located more than one dwelling unit on a parcel.

(2) No development officer shall issue a development permit to a person which would permit the construction or location of more than one dwelling unit on a parcel. (3) Subsections (1) and (2) do not apply where the second or any additional dwelling unit (

a) is to be occupied by a person who is employed full time for at least six months each year in an agricultural pursuit, or (

b) is a duplex or semi-detached residential building, or 39

72. Council may require facilities to be constructed or installed that are required as a result of the development. 73. Number of dwelling units on a parcel. 39

(

c) is a row house or town house, or (

d) is an apartment building, or (

e) is a mobile unit as defined in The Municipal Government Act forming part of a park for mobile units, or (0 is a building that is the subject of a condominium plan registered in a land titles office under The Condominium Property Act, or (

g) is part of a motel or hotel.

(4) The Board may exempt from the operation of this

section any person or land.

(5) Nothing in this

section permits a development that is not permitted under the applicable land use by-law or land use regulations. Orders o/Compliance 74.

(1) Except as permitted under

section 73, where a single parcel contains two or more dwelling units, the council of the municipality in which the dwelling units are situated may cause to be served on the registered owner of the parcel a notice in writing requiring him to apply for subdivision approval within such period of time as may be specified in the notice.

(2) The council shall cause to be filed a certified copy of the notice referred to in subsection (1) in the appropriate land titles office, whereupon the Registrar shall endorse a memorandum thereof upon the certificate of title of the parcel to which the notice relates.

(3) Where a memorandum of a notice is endorsed on a certificate of title pursuant to subsection (2), the Registrar shall not register any instrument purporting to transfer or create an estate or interest in the parcel to which the notice relates until the plan of subdivision is registered or the notice is discharged.

(4) Upon the registration of the plan of subdivision, the endorsement of the memorandum upon the certificate of title has no further effect and the Registrar shall forthwith cancel the endorsement. 40

74. Notice requiring application for subdivision approval. 40

(1) If, upon the expiry of the period of time specified in a notice issued pursuant to

section 74, the registered owner of the parcel described in the notice has failed to apply for subdivision approval, the council with or without his consent may apply for subdivision approval.

(2) A subdivision approval granted pursuant to this

section need not be confined to those portions of the parcel that are occupied or unoccupied as separate buildings intended for use as a residence at the time the survey of the parcel is made but, if the council so requires, the proposed subdivision may include the whole of the parcel or such portion or portions thereof as may suitably be subdivided for future separate occupancy.

(3) The application fee and costs of applying for subdivision approval, making the survey and registering the plan of subdivi sion and any other costs incurred by the council pursuant to this

section (

a) are a debt due to the council by the registered owner of the parcel in respect of which the notice was issued, and (

b) are a charge upon the land included in the plan of subdi vision. 76. Where a development officer finds that a development or use of land or buildings is not in accordance with (

a) this Act or the regulations, or (

b) a development permit or subdivision approval, or (

c) a land use by-law or the land use regulations, the development officer may, by notice in writing, order the regstered owner, the person in possession of the land or build ings or the person responsible for the contravention or all or any of them to (

d) stop the development or use of the land or building in whole or part as directed by the notice, or (

e) demolish, remove or replace the development, or (0 take such other measures as are specified in the notice ~o that the development or use of the land or building is In accordance with this Act, the regulations, a develop- 41

75. Compulsory subdivision. 76. Stop order. 41

ment permit, subdivision approval or land use by-law, as the case may be, within the time specified by the notice. 77.

(1) Where a person fails or refuses to comply with an order directed to him under

section 76, or an order of a development appeal board under

section 80, the council or a person appointed by it may, in accordance with

section 41, enter upon the land or building and take such action as is necessary to carry out the order.

(2) Where the councilor a person appointed by it carries out an order, the council shall cause the costs and expenses incurred in carrying out the order to be placed on the tax roll as an additional tax against the property concerned and that amount shall be collected in the same manner as taxes on land. Division 4 Development Appeals 78.

(1) Except as otherwise provided in a land use by-law or the land use regulations, no person shall commence any devel opment unless he has been issued a development permit in respect thereof.

(2) An application for a development permit shall, at the option of the applicant, be deemed to be refused when the decision of a deve'lopment officer is not made within 40 days of receipt of the application.

(3) Where a development officer (

a) refuses or fails to issue a development permit to a person, or (

b) issues a development permit subject to conditions, or (

c) issues an order under

section 76 , the person applying for the permit or affected by the order, as the case may be, may appeal to a development appeal board in accordance with this Division. 42

77. Enforcement of stop order. 78. Development prohibited without permit. 42

(1) A person referred to in

section 78, subsection (3) or any other person affected by an order, decision or development permit of a development officer may appeal to a development appeal board by serving a written notice of the appeal on the development appeal board within 14 days after the date the order, decision or development permit was issued.

(2) Within 30 days of receipt of a notice of appeal, the development appeal board shall hold a public hearing respecting the appeal.

(3) The development appeal board shall gi ve at least five days' notice in writing of the public hearing to (

a) the appellant, (

b) the development officer from whose order, decision or development permit the appeal is made, (

c) the municipal planning commission of the municipality if it is not the development officer, (

d) those registered owners of land in the municipality who, in the opinion of the development appeal board, are affected by the order, decision or permit, and (

e) such other persons as the development appeal board specifies.

(4) The development appeal board shall make available for public inspection before the commencement of the public hear ing all relevant documents and materials respecting the appeal including (

a) the application for the development permit, its refusal and the appeal therefrom, or (

b) the order of the development officer under

section 76, as the case may be. 80.

(1) At the public hearing referred to in

section 79, the development appeal board shall hear (

a) the appellant or any person acting on his behalf, (

b) the development officer from whose order decision or development permit the appeal is made, ' 43

79. Appeals. 80. Hearing and decision. 43

(

c) any other person who was served with notice of the hearing and who wishes to be heard or a person acting on his behalf, and (

d) any other person who claims to be affected by the order, decision or permit and that the development appeal board agrees to hear or a person acting on his behalf.

(2) The development appeal board shall (

a) make and keep a written record of its proceedings, which may be in the form of a

summary of the evidence presented to it at the hearing, and (

b) give its decision in writing together with reasons for the decision within 15 days of the conclusion of the hearing.

(3) In determining an appeal, the development appeal board (

a) shall comply with any regional plan, statutory plan and land use by-law in effect~ (

b) may confirm, revoke or vary the order, decision or development permit or any condition attached to any of them or make or substitute an order, decision or permit of its own~ (

c) may exercise the same power as a councilor develop ment officer is permitted to exercise pursuant to this Act or the land use by-law or land use regulations. 44

PART 5 SUBDIVISION OF LAND Division 1 Control Over Subdivisions 81.

(1) Except as provided in subsection (2), a Registrar shall not accept for registration an instrument that has the effect or that may have the effect of subdividing a parcel unless the subdivision has been approved by the subdivision approving authority.

(2) A Registrar may accept for registration without subdivi sion approval an instrument that has the effect or that may have the effect of subdividing a parcel if the subdivision affects or otherwise deals with land that is (

a) a quarter section, river lot or settlement lot shown on an official plan referred to in

section 32 of The Surveys Act that is filed or lodged in a land titles office, or (

b) a part of a parcel that is separated from the remainder of the parcel by a highway a plan of which has been registered in a land titles office, or (

c) a part of a parcel where the boundaries of the part are separately described in a certificate of title other than by reference to a legal subdivision, or (

d) a part of a parcel where the boundaries of the part are described on a certificate of title by reference to a plan of subdi vision.

(3) A Registrar shall not accept a caveat for registration in a land titles office that relates to an instrument that has or may have the effect of subdividing a parcel unless (

a) no subdivision approval is required in respect of that subdivision pursuant to subsection (2), or (

b) subdivision approval has been granted in respect of that subdivision. Division 2 Application for Subdivision Approval 82. A subdivision approving authority is (

a) in those municipalities where the council is authorized by the Minister to act as a subdivision approving authority, 45

81. Restriction on registration of certain instruments. 82. Subdivision approving authorities. 45

(0 the council, or (ii) where the council delegates the power to act as the subdivision approving authority to a municipal planning commission, the commission or the one or more members of the commission to whom power is delegated pursuant to

section 31; (

b) in those municipalities in a planning region where the council is not authorized to act as subdivision approving authority, (

i) the regional planning commission, or (ii) where the commission delegates its power to act as a subdivision approving authority to a committee or the director, the committee or the director, as the case may be; (

c) in municipalities other than those referred to in clauses (

a) and (b), (

i) the Minister, or (ii) where the Minister delegates his power to act as a subdivision approving authority to another person, that person. 83.

(1) In accordance with the subdivision regulations, a person may apply to a subdivision approving authority for subdivision approval.

(2) Upon receipt of an application for subdivision approval, the subdivision approving authority shall send a copy of the application to such persons and local authorities as may be specified in the subdivision regulations. 84. In accordance with the subdivision regulations, an applicant for subdivision approval shall submit with his application a proposed plan of subdivision or other instrument describing the subdivision, to the subdivision approving authority. 85.

(1) A subdivision approving authority shall provide the applicant for subdivision approval with an opportunity of appear ing before it and making representations with respect to the application.

(2) A subdivision approving authority shall not approve an application for subdivision approval unless (

a) the land that is proposed to be subdivided is in the opinion of the subdivision approving authority, 'suitable for the purpose for which the subdivision is intended; 46

83. Application. 84. Description of subdivision. 85. Hearing and decision. 46

(

b) the proposed subdivision conforms to the provisions of any regional plan, statutory plan and land use by-law that affects the land proposed to be subdi vided~ (

c) the proposed subdivision complies with this Act and the regulations~ (

d) all outstanding property taxes on the land proposed to be subdivided have been paid to the council of the municipality in which the land is situated or arrangements satisfactory to the council have been made for the pay ment thereof.

(3) A subdivision approving authority may approve or refuse an application for subdivision approval. 86. A subdivision approving authority may impose the follow ing conditions or any other conditions permitted to be imposed by the subdivision regulations on a subdivision approval issued by it: (

a) such conditions as may be necessary to ensure that this Act and the regulations and any regional plan, statutory plan and land use by-law or land use regulations affect ing the land proposed to be subdivided are complied with; (

b) at the written request of a council, a condition that the applicant enter into an agreement with the council respecting (n the construction of a public roadway required to give access to the development resulting from the proposed subdivision, and (in the installation of utilities and other services that will be necessary as a result of the subdivision. 87.

(1) A decision of a subdivision approving authority shall be given in writing . .

(2) Where a subdivision approving authority refuses an ap pltcatlOn for subdivision approval, the decision shall contain reasons for the refusal. 47

86. Conditions that may be attached to a subdivision approval. 87. Notice of decision. 47

(3) Copies of the decision shall be sent to (

a) the applicant, (

b) the council of the municipality in which the land pro posed to be subdivided is situated, except where a municipal planning commission is the subdivision approving authority for that municipality, (

c) those registered owners of lands that are, in the opinion of the subdivision approving authority, affected by the subdivision, (

d) the one or more school authorities affected, and (

e) such other persons as are, in the opinion of the subdivi sion approving authority, affected by the decision. 88. Where an application for subdivision is refused, another application for approval of a proposed subdivision of the same land or part of the same land, may not be made by the same or any other person until the expiry of at least six months from the date of the refusal. Division 3 Land Provided to the Crown, Municipal Corporations and School Authorities and Money in Place of Certain Reserve Land 89. The registered owner of land that is the subject of a proposed subdivision shall provide (

a) to the Crown in right of Alberta or to a municipal corporation, as the case may be land for walkways, public roadways and public utilities', and (

b) t? the Crown in right of Alberta, a municipal corpora hon or school authorities, as the case may be, except for the exemptions referred to in

section 91, land for (

i) environmental reserve, and (in municipal reserve and school reserve or a combi nation of municipal and school reserve or money in place of either or both of them or a combina tion of land and money, as may be required by a subdivision approving authority in accordance with this Division. 48

88. Self-explanatory. 89. General. 48

(1) A subdivision approving authority may require the registered owner of land that is the subject of a proposed subdivision to provide part of the land for the purposes of (

a) public roadways, (

b) walkways on which no vehicular traffic is permitted, and (

c) public utilities, or anyone or more of them.

(2) The land to be provided under subsection (1) shall not exceed 25 per cent of the area remaining in the proposed subdivision after deducting the land taken as environmental reserve.

(3) If (

a) the registered owner has provided sufficient land for the purposes referred to in subsection (1), but (

b) the area of land so provided is less than the maximum amount authorized by subsection (2), the subdivision approving authority shall not require the owner to provide any more land for those purposes. Reserve Land 91. A subdivision approving authority shall not require the registered owner of land that is the subject of a proposed subdivision to provide reserve land or money in place of municipal reserve or school reserve or a combination of both where (

a) one parcel is to be created from a quarter

section of land, or (

b) land is to be subdivided into parcels of 40 acres or more and is to be used solely for agricultural purposes, or (

c) the land to be subdivided is two acres or less, or (

d) reserve land or money in place thereof was provided in respect of the land that is the subject of the proposed subdivision under this Act or pursuant to any Act in effect before the coming into force of this section. 49

90. Land provided for public roadways, walkways and public utilities. 91. Subdivisions where no reserve land or money in place of munici pal reserve or school reserve is to be provided. 49

92. Subject to

section 91, a subdivision approving authority may require the registered owner of land that is the subject of a proposed subdivision to provide as environmental reserve all or any of the following: (

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

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

c) land that is, in the opinion of the subdivision approving authority, unsuitable in its natural state for development, or (

d) a strip of land, not less than 20 feet 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 (in providing public access to and beside the bed and shore. 93.

(1) Subject to

section 91, a subdivision approving authority may require the registered owner of land that is the subject of a proposed subdivision (

a) to provide part of that land as municipal reserve and part as school reserve or as a combination of municipal and school reserve, or (

b) to provide money in place of municipal reserve and school reserve or either of them, or (

c) to provide any combination of land or money referred to in clauses (

a) and (b).

(2) The aggregate amount of land that may be required to be provided under subsection (1) shall not exceed 10 per cent of the area remaining in the proposed subdivision after deducting the land required to be provided as environmental reserve.

q) The total amount of money that may be required to be provlded under subsection (1) shall not exceed 10 per cent of the appraised market value determined in accordance with sec- 50

92. Unsuitable land for development and land around water taken as environmental reserve. 93. Municipal reserve and school reserve or money in place thereof. 50

tion 94, of the land remaining in the proposed subdivision after deducting the land required to be provided as environmental reserve.

(4) Where a combination of land and money is required to be provided, the total of (

a) the percentage of land required under subsection (2), and (

b) the percentage of the appraised market value of the land required under subsection (3) shall not exceed 10 per cent. 94. Where money in place of municipal reserve or school reserve or a combination of both is required to be provided, the appraised market value of the land shall be determined by appraising it (

a) as if the use of the land that is the subject of the proposed subdivision conformed with any use prescribed in a regional plan, statutory plan or land use' by-law or the land use regulations, and (

b) on the basis of what might be expected to be realized if the land were sold in the open market by a willing seller to a willing buyer on the date the appraisal is made. 95.

(1) In this section, "developable land" means that area of land that is the subject of a proposed subdivision less the total of (

a) land required to be provided for public roadways, walk ways and public utilities under

section 90, and (

b) land required to be provided as reserve land.

(2) Subject to

section 91, where in the opinion of the subdivision approving authority all or any part of a proposed subdivision would result in (

a) a population density of 23 persons or more per acre of developable land, or (

b) a density Qf 6.5 dwelling units or more per acre of developable land, the subdivision approving authority may require municipal re serv~ and school reserve in addition to that required to be provIded under

section 93. 51

94. Appraised market value of land determined for the purpose of calculating the amount of money that may be required to be provided in place of municipal reserve and school reserve. 95. Additional municipal and school reserve. This

section does not permit an additional 5 per cent of money in place of municipal and school reserve, it permits only the taking of extra land. 51

(3) The additional land that may be required to be provided under subsection (2) shall not exceed the equivalent of 5 per cent of all of or each part of the developable land that would be the subject of the densities referred to in subsection (2), 96.

(1) Where reserve land is required to be provided, the subdivision approving authority shall (

a) specify the amount, type and location of reserve land that is to be provided, and (

b) allocate the municipal reserve and school reserve be tween the municipal corporation and each school authority concerned as joint owners or as separate owners (

i) in accordance with an agreement made between the council and school authorities, or (ij) in the absence of an agreement, in accordance with the needs of each of them as those needs are determined by the subdivision approving authority,

(2) Where money in place of municipal reserve and school reserve is required to be provided, the subdivision approving authority shall allocate the money between the municipal corpo ration and each school authority concerned either jointly or separately (

a) in accordance with an agreement made between the council and the school authorities, or (

b) in the absence of an agreement, in accordance with the needs of each of them as those needs are determined by the subdivision approving authority,

(3) Where a combination of land and money is required to be provided, the subdivision approving authority shall (

a) specify the amount, type and location of reserve land that is to be provided, and (

b) allocate the municipal reserve and school reserve or a combination of municipal and school reserve or money in place of either or both of them between the municipal corporation and each school authority concerned in accordance with 52

96. Allocation of municipal reserve and money in place thereof between municipal corporation and school authorities. The allocation may involve a separate designation of school reserve and municipal reserve or it may involve a joint designation of municipal and school reserve. 52

(

c) an agreement made between the council and the school authorities, or (

d) in the absence of an agreement, the needs of the municipal corporation and the school authorities as those needs are determined by the subdivision approv ing authority.

(4) The allocation of municipal reserve and school reserve and money in place thereof or either of them shall be completed before an application for subdivision approval is granted. 97.

(1) A council may leave environmental reserve in its natural state or use it for any of the purposes referred to in subsection (2).

(2) A council may use municipal reserve for all or any of the following purposes: (

a) a public park, or (

b) a public recreation area, or (

c) school purposes, or (

d) to separate areas of land that are used for different purposes. Registration of Subdivision Instruments 98.

(1) Within two years of the date on which an application for subdivision approval is approved or such longer period as may be authorized by the Board, the applicant shall submit to the subdivision approving authority (

a) a plan of subdivision, or (

b) any other instrument, together with a statutory declaration that all the conditions attached to the subdivision approval have been met or an undertaking that they will be met. .

(2) Upon being satisfied that a plan of subdivision or other Instrument complies with a subdivision approval and that any 53

97. Use of municipal reserve and environmental reserve. For disposal of reserve see

section 153, clause (a). 98. Registerable plans of subdivision and other instruments. 53

conditions imposed have been met, the subdivision approving authority or an officer designated in writing by the subdivision approving authority, shall endorse the plan or other instrument in accordance with the regulations.

(3) Upon being satisfied that a plan of subdivision or other instrument complies with a subdivision approval but conditions to which the approval is subject have not been met, the subdivi sion approving authority or an officer designated in writing by the subdivision approving authority may endorse the plan or other instrument in accordance with the regulations if it or he is satisfied that the conditions will be met.

(4) If the plan of subdivision or other instrument is not submitted to the subdivision approving authority within the time prescribed by subsection (1) or such longer period as may be authorized by the Board, the subdivision approval is void. Division 4 Subdivision Appeals 99.

(1) An appeal from a subdivision approving authority or a condition imposed by it under this Act or the regulations may be commenced by (

a) the applicant for subdivision approval, or (

b) the council of the municipality within which the land is proposed to be subdivided, where the council is not the subdivision approving authority, or (

c) a school authority with respect to (

i) the allocation of municipal reserve and school reserve or money in place thereof, or (ii) the location of school reserve allocated to it, or (iii) the amount of school reserve or money in place thereof, by filing a written notice of the appeal with the Board within 30 days of the. d.a~e of the receipt of the approval, order or decision of the subdIvIsIOn approving authority. 54

99. Appeals. 54

(2) Where a subdivision approving authority fails or refuses to make a decision on an application for subdivision approval within the time prescribed by the regulations, the applicant may, within 20 days of the expiration of the time prescribed, (

a) treat the application as refused and appeal to the Board by notice in writing, or (

b) enter into an agreement with the subdivision approving authority to extend the time prescribed in the regulations.

(3) Where an agreement to extend is entered into pursuant to subsection (2), clause (

b) and the subdivision approving authority fails or refuses to make a decision within the time prescribed in the agreement, the applicant may, within 20 days of the expiration of the extended period, treat the application as refused and appeal to the Board by notice in writing.

(4) A subdivision approving authority shall not deal with an application for subdivision approval after the expiration of the period of time prescribed in the regulations for making the decision unless an agreement is entered into pursuant to subsec tion (2), clause (b). 100. The Board shall hold a hearing into the appeal and shall give at least 14 days' notice in writing of the hearing to (

a) the appellant, (

b) the subdivision approving authority concerned, (

c) the council of the municipality in which the land pro posed to be subdivided is situated except where a municipal planning commission is the subdivision approving authority, (

d) where lands in a municipality adjoin or are adjacent to those of the municipality in which the subdivision is proposed, the council of that municipality, (

e) a~1Y school authority affected by the proposed subdivi SIOn, and (

f) such other persons as the Board considers may be affected by the proposed subdivision and should be notified. 55

100. Notice of hearing. 55

(1) At the hearing referred to in

section 100, the Board shall hear (

a) the appellant or any person acting on his behalf, (

b) any other person served with notice of the hearing and who wishes to be heard or a person acting on his behalf, and (

c) such persons as claim to be affected by the approval, order or decision and that the Board agrees to hear or a person acting on behalf of them or any of them.

(2) In determining an appeal the Board (

a) shall comply with any regional plan, statutory plan and land use by-law or land use regulations in effect; (

b) may confirm, revoke or vary the approval, order or decision or any condition imposed by the subdivision approving authority or make or substitute an approval, order, decision or condition of its own; (

c) may, in addition to the other powers it has, exercise the same power as a subdivision approving authority is permitted to exercise pursuant to this Act or the regula tions, but in doing so is not bound by the subdivision regulati ons. 102.

(1) Where on appeal the Board approves an application for subdivision approval, the applicant shall submit the plan of subdivision or other instrument for endorsement by the subdi vision approving authority from whom the appeal was made.

(2) Where a subdivision approving authority fails or refuses to endorse a plan of subdivision or other instrument submitted to it pursuant to subsection (1), the chairman of the Board may do so. Division 5 Cancellation of Plans of Subdivision 103.

(1) Upon the application of one or more registered owners of land in a plan of subdivision the Board may order the plan cancelled, in whole or in part. ' 56

101. Hearing and decision. 102. Endorsement by the chairman of the Alberta Planning Board. 103. Application for cancellation of a plan of subdivision. 56

(2) The Board may only make an order under subsection 0) with the consent of the registered owners of land in the plan of subdivision and with the consent of every person shown on the title to the land as having an estate or interest in it. 104.

Where a plan of subdivision or part thereof has been ordered to be cancelled, all taxes, assessments or rates in arrears or due upon the separate lots or blocks within the area of which the plan has been ordered to be cancelled, become taxes, assessments or rates upon or in respect of the area, and all the remedies for the enforcement and collection of taxes, assess ments and rates formerly applicable· for the recovery of the taxes, assessments or rates upon the separate lots or blocks, apply in the same manner as if the taxes, rates or assessments had been levied against the whole area of the plan ordered to be cancelled. 105.

Upon receipt of an order under this Division and upon payment of the proper fees, the Registrar shall (

a) cancel in whole or in part the plan of subdivision in accordance with the order, (

b) cancel the certificate of title issued according to the original plan and issue such new certificates of title as are required by the order, and (

c) make such other cancellations and registrations and do such things as are necessary to give effect to the order. Division 6 Replotting Schemes 106.

(1) Where a council proposes to consider a resolution authorizing the preparation of a replotting scheme, it shall cause notice of its intention to be served on the registered owners of lan~ within the boundaries of the proposed replotting scheme statmg (

a) the land proposed to be included in the replotting scheme, (

b) the nature of the proposed alteration in the boundaries of the parcels in the scheme , (

c) the l?cation and relocation of any easements or rights of way m the scheme, and 57

104. Collection of taxes. 105. Registrars'duties. 106. Preparation of replotting scheme authorized. 57

(

d) the time and place at which the council intends to hold a hearing on the matter.

(2) At the hearing referred to in the notice, the council shall hear any registered owner to whom a notice of the hearing has been sent and who wishes to be heard or a person acting on his behalf.

(3) For the purpose of redistributing the ownership of land within a replotting scheme and after the hearing referred to in subsection (1), a council may pass a resolution authorizing the preparation of a replotting scheme and descri bing the land to be included within the scheme.

(4) During the preparation of a replotting scheme the coun cil may by resolution include additional land in the scheme or exclude land from the scheme. 107.

(1) Upon authorizing the preparation of a replotting scheme under

section 106, the council shall cause to be filed in the appropriate land titles office (

a) a certified copy of the resolution, (

b) a list of all existing parcels included within the replotting scheme, and (

c) a statutory declaration of the municipal secretary that the requirements of

section 106 have been met, whereupon the Registrar shall endorse upon the certificate of title of each parcel a memorandum of the resolution and shall notify the registered owners accordingly.

(2) A council shall cause a certified copy of a resolution includi?g additional land in or excluding land from a proposed replottmg scheme to be filed at the appropriate land titles office whereupon the Registrar shall (

a) endorse a memorandum of the resolution on the certif icate of title of each parcel added to the replotting scheme, (

b) discharge the memorandum of the resolution affecting parcels excluded from the replotting scheme, and 58

107. Endorsement of memorandum of a resolution authorizing a replotting. 58

(

c) notify the registered owners of the parcels accordingly.

(3) A person who acquires an interest in land in a replotting scheme after the endorsement of a memorandum of the resolu tion upon the certificate of title is not entitled to receive any notice of proceedings as to the replotting scheme unless he files in the office of the council written notice of his interest with evidence of the registration thereof and an address to which notices can be mailed. 10S. Upon the endorsement of a memorandum of a resolution under

section 107, the council shall (

a) cause appraisals to be made in accordance with

section 109, and (

b) cause the scheme to be prepared in accordance with

section 110. 109.

(1) The council shall cause an appraisal to be made to establish the market value, as of the date of the endorsement of the memorandum of the resolution under

section 107, of (

a) each original parcel in the replotting scheme, excluding buildings and improvements thereon, and (

b) each proposed new parcel in the replotting scheme, excluding buildings and improvements thereon.

(2) In this

section "market value" means that sum of money that might be expected to be realized if the parcel were sold in the open market by a willing seller to a willing buyer. 110. A replotting scheme shall consist of (

a) a plan showing the original parcels within the scheme, the dimensions and area of each parcel, the total area of all the parcels and all easements and rights of way registered against the land in the replotting scheme, (

b) a

schedule of the existing buildings and public utilities that are proposed to be demolished reconstructed or moved, ' 59

108. Duties of council upon authorizing replotting scheme. 109. Market value appraisal. 110. Contents of replotting scheme. 59

(

c) a

schedule of the names of the registered owners of the original parcels, (

d) a

schedule showing the appraised market value of each original parcel made pursuant to

section 109, subsection (1), clause (a), (

e) a

schedule showing the appraised market value of each proposed new parcel made pursuant to

section 109, subsection (1), clause (b), (n a

schedule showing the proposed allotment of each new parcel to be created by the scheme and the proposed registered owner thereof, (

g) the share of the cost of preparing the replotting scheme, if any, to be paid by (D each registered owner of land in the scheme, and (ii) the council, and (

h) a proposed plan of subdivision relating to the land in the replotting scheme showing in addition to those things provided for in this Act and the regulations, the location of easements and rights of way over the land included in the replotting scheme. 111.

(1) Each registered owner of land included in a replotting scheme is entitled to be alloted one or more new parcels in the replotting scheme having an appraised market value bearing the same proportion to the aggregate appraised market value of all the proposed new parcels in the replotting scheme as the appraised market value of his original one or more parcels bears to the aggregate appraised market value of all the original parcels in the replotting scheme.

(2) The appraised market values referred to in subsection (1) shall be those market values determined pursuant to

section 109. 112.

(1) Upon completion of the preparation of a replotting scheme, the council shall cause notice thereof to be served on each registered owner of land in the replotting scheme. 60

111. Entitlement of registered owners. 112. Notice of replotting scheme. 60

(2) The notice referred to in subsection (1) shall (

a) outline the contents of the replotting scheme and explain the consequences thereof, if adopted, (

b) outline the rights of a registered owner of land to consent or to withhold consent to the scheme and the possible consequences in the event that consent is with held, and (

c) state the date, time and place at which a public hearing will be held by council to consider approval thereof. 113.

(1) As soon as practicable after serving notices under

section 112, the council shall hold a hearing on the scheme in accordance with the notice and at the hearing shall hear any registered owner who wishes to be heard.

(2) After holding the hearing and upon being satisfied that consent to the replotting scheme has been given in writing by 60 per cent or more of the registered owners of the original parcels in the replotting scheme, having 60 per cent or more of the market value of all the parcels appraised under

section 109, subsection (1), clause (a), the council may, by resolution, adopt the scheme.

(3) Where the council fails to obtain the consents required under this section, it shall by resolution discontinue the scheme and file a certified copy of the resolution in the appropriate land titles office, whereupon the Registrar shall cancel each memorandum endorsed pursuant to

section 107 that relates to the scheme. 114. Upon passing a resolution adopting a replotting scheme, the council shall (

a) cause notice to be· served by registered mail on all ~egistered owners of land in the replotting scheme stat mg that (

i) the council has adopted the scheme, and (ii) the registered owner may apply for replot compensation, and 61

113. Adoption of replotting scheme. 114. Notification of details of replotting scheme. 61

(

b) submit the following documents to the Land Compensa tion Board: (

i) a certified copy of each notice given pursuant to clause (a), (ii) a certified copy of the resol ution adopting the scheme, and (iii) a certified copy of the scheme as adopted by the council. 115. (

I) Upon the adoption of a replotting scheme, the council shall (

a) apply for subdivision approval of the land included in the replotting scheme, and (

b) file at the appropriate land titles office (

i) a certified copy of the resolution adopting the scheme, (ii) a certified copy of the scheme, and (iii) the plan of subdivision endorsed by the subdivi sion approving authority made in accordance with the scheme as adopted, sealed with the seal of the municipal corporation together with a statutory declaration signed by the municipal secretary in a form prescribed by the subdivision regulations.

(2) Upon the documents referred to in subsection (1), clause (

b) being filed, the Registrar shall, upon satisfying him self that the requirements of this Act have been complied with, (

a) register the plan of subdivision, (

b) make such cancellations of certificates of title of the original parcels in the replotting scheme as are necessary, (

c) issue such certificates of title to the new parcels estab lished by the scheme as are necessary, (

d) endorse on the certificates of title of the registered. owners of the new parcels 62

115. Registration of replotting scheme. 62

(

i) those easements and rights of way that were not relocated, and (ii) those encumbrances that were endorsed on the certificate of title of the registered owners of the original parcels unless those encumbrances are not transferred, (

e) make such other endorsements of encumbrances as are necessary as a result of the replotting scheme, and (n cancel the memorandum of the resolution endorsed pursuant to

section 107.

(3) Section 82, subsection (6) of The Land Titles Act does not apply to a plan of subdivision registered pursuant to subsec tion (2). 116. Each registered owner of land in a replotting scheme is liable to pay to the council a portion of the cost of preparing the replotting scheme payable by all the registered owners of land in the scheme in the same proportion that the appraised market value of the proposed new parcel or parcels allotted to the registered owners bears to the appraised market value of all the new parcels in the scheme. 11 7.

(1) The proportion of the cost of preparing a replotting scheme payable by a council and any replot compensation may be paid out of the general revenue of the council.

(2) The portion of the cost of preparing a replotting scheme payable by the registered owners of land included in the scheme may be raised by a special tax levied and collected upon and from the lands included in the scheme liable to assessment and taxation for general municipal purposes. 11 8.

(1) A council may demolish reconstruct or move any building or public utility, the de~olition, reconstruction or removal of which is required by a replotting scheme.

(2) T.he council shall compensate the registered owner for any cost Incurred or loss or damage sustained by him as a direct result of any action taken under subsection (1). 63

116. Registered owners to share cost of preparing the replotting scheme. 117. Cost of preparing replotting scheme and replot compensation. 118. Council to compensate for demolition, reconstruction or moving of buildings or public utilities. 63

Replot Compensation 119.

(1) A registered owner of land included in a replotting scheme may, not later than one year after the date of registra tion of the plan of subdivision relating to the scheme by the council pursuant to

section 115, apply to the Land Compensa tion Board to determine replot compensation.

(2) The Land Compensation Board shall (

a) fix a date, time and place for the hearing of an applica tion referred to in subsection (0, and (

b) cause a notice in writing to be served on the applicant and the council not later than 30 days before the date fixed for the hearing.

(3) A person who fails to make an application within the time prescribed under subsection (1) ceases to be entitled to replot compensation. 120.

(1) A registered owner of land in a replotting scheme is entitled to compensation determined by the Land Compensation Board for the following: (

a) the cost incurred or any loss or damage sustained by him as the direct result of any action taken by a council pursuant to

section 118; (

b) the cost incurred or any loss or damag-e sustained by him as the direct result of moving and relocating build ings where it is necessary and feasible to move them; (

c) the value of buildings which cannot be moved and which are not replaced by equivalent buildings and improvements located on the new parcel allotted to the registered owner; (

d) any loss in value of buildings retained by the registered owner under the replotting scheme; (

e) any loss resulting from the buildings located on the allotted parcel being of lesser value or use than the buildings located on the registered owner's original parcel; 64

119. Application for compensation. 120. Compensation. 64

(

f) the value to the registered owner of any element of special economic advantage to him arising out of or incidental to his occupation of the land to the extent that no other compensation has been awarded therefor; (

g) business loss resulting from relocation of a business because of the replotting scheme; (

h) t~e value of the goodwill of a business where that business can no longer be carried on as a result of the replotting scheme and in the opinion of the Land Compensation Board it is not feasible for the registered owner to relocate; 0) such other disturbance costs and expenses as are incurred by the registered owner as the natural and reasonable consequence of the implementation of the replotting scheme.

(2) Where as a result of the replotting scheme a registered owner loses his principal residence

section 45 of The Expropria tion Act applies as though the land on which the residence is located had been expropriated.

(3) The Land Compensation Board may defer determination of the business losses referred to in subsection (1), clause (

g) until the business has moved and been in operation for six months or until a three-year period has elapsed, whichever first occurs.

(4) Replot compensation shall be paid by a council within three months after the registration of a plan of subdivision arising out of a replotting scheme or within three months after the decision of the Land Compensation Board, whichever is the later. 121.

(1) No compensation is payable in respect of any devel opment on land after the date of the endorsement of the memorandum of the resolution under

section 107. (~) The Land Compensation Board has no jurisdiction to conSIder any matter with respect to the appraised market value of parcels determined under

section 109.

(3) In exercising any power or duty under this Act the Land Compensation Board may exercise and has all the powers it has under The Expropriation Act. 65

121. Jurisdiction of the Land Compensation Board. 65

PART 6 GENERAL Division 1 Public Participation in By-laws 122.

(1) Except where an exemption is gi ven by the Minister under

section 124, before giving second reading to (

a) a proposed land use by-law, or (

b) a proposed by-law adopting an area structure plan, or (

c) a proposed by-law adopting an area redevelopment plan, or (

d) a proposed by-law adopting a general municipal plan, or (

e) a proposed by-law amending a by-law referred to in clauses (

a) to (d), or (0 a proposed by-law repealing a by-law referred to in clauses (

a) to (d), a council shall hold a public hearing with respect to the proposed by-law in accordance with

section 123 after giving notice thereof in accordance with subsections (2) and (3) of this section.

(2) A council shall give notice to each registered owner of land that is the subject of a proposed by-law adopting, amending or repealing (

a) an area structure plan, or (

b) an area redevelopment plan, of the proposed by-law and summarize its effect.

(3) In addition to the notice to registered owners required under subsection (2), if any, the council shall by resolution (

a) name the one or more dates, places and times it will hold a public hearing with respect to the proposed by-law and provide for the holding of such further public hearings as it considers necessary; 66

122. Public participation in by-laws. 66

(

b) outline the procedure to be followed by anyone wishing to be heard at the public hearing; (

c) outline the procedure by which the public hearing will be conducted; (

d) direct the publication in two issues of a newspaper circu lating in the area to which the proposed by-law relates a notice containing (

i) a statement of the purpose of the proposed by-law; (ii) the name of the one or more places, one of which shall be the office of the council, where (

A) a copy of the proposed by-law, and (

B) the documents that a person is entitled to inspect under

section 149 of The Municipal Government Act and that relate to the pro posed by-law, may be inspected by the public; (iii) the one or more dates, places and times the council will hold a public hearing with respect to the proposed by-law; (iv) an outline of the procedures referred to in clauses (

b) and (c). 123.

(1) At the public hearing referred to in

section 122, the council shall hear (

a) any person or group of persons, or person acting on his or their behalf, who (

i) has complied with the procedures outlined by the council, and (ii) claims to be affected by the proposed by-law, and (

b) any other person that wishes to make representations and that the council agrees to hear. 67

123. Public hearing on by-law. 67

(2) The council, after considering the representations made to it concerning the proposed by-law, may (

a) make such amendments or changes as it considers necessary to the proposed by-law, if any, and proceed to pass the proposed by-Iaw,or (

b) defeat the proposed by-law. 124. The Minister may, upon the application of a council, exempt the council from all or any of the requirements of secti.ons 122 and 123. 125. Notwithstanding sections 122 to 124, a by-law may be amended without giving notice or holding a hearing if the amendment does not materially affect the by-law in principle or in substance. 126. A by-law passed pursuant to this Act is valid and binding notwithstanding any lack of compliance with a provision of this Act or The Municipal Government Act (

a) either in substance or in form, or (

b) in the proceedings prior to the passing of the by-law, or (

c) in the manner of passing the by-law, unless an application to quash it is made within two months next after the final passing of the by-law. Division 2 Regulations 127. The Minister may make regulations prescribing forms required for the administration of this Act and the regulations. Land Use Regulations 128. (

I) Any regulations made under this

section apply only in respect of (

a) the municipalities named in the regulation, or 68

124. Ministerial exemption. 125. Technical amendments. 126. Validity of by-laws. 127. Ministerial regulations 128. Land use regulations. 68

(

b) where no municipality is named in the regulation, those municipalities where no land use by-law is in effect.

(2) The Lieutenant Governor in Council may make regulations (

a) prohibiting or regulating and controlling the same mat ters that a council may prohibit or regulate and control by a land use by-law; (

b) on any subject matter with respect to which a council may make by.:.laws under this Act; (

c) conferring or imposing on the Minister or a council any power or duty under the regulations.

(3) Where a council of a municipality in respect of which a regulation under this

section is in effect passes a land use by-law, the regulation thereupon ceases to have effect with respect to that municipality. Subdivision Regulation;, 129. (

I) The Lieutenant Governor in Council may make regulations (

a) prohibiting or controlling and regulating the subdivision of land; (

b) governing the procedure to be followed by applicants for subdivision approval and the persons who may apply; (

c) governing the contents and filing of plans and other documents in the course of an application for subdivi sion approval; (

d) prescribing the fees to be paid by persons (

i) applying to the Minister or to a regional planning commission for subdivision approval or on appeal to the Board, or (ii) making applications to the Board under this Act; 69

129. Subdivision regulations. 69

(

e) governing the location, size and shape of parcels and other areas of land to be created or proposed to be subdivided; (n governing the location of public utilities, walkways and public roadways in a proposed subdivision and the minimum width and the maximum gradient of public roadways; (

g) prescribing the times within which a subdivision approv ing authority shall make decisions with respect to appli cations for subdivision approval; (

h) prescribing the conditions that a subdivision approving authority is permitted to impose when granting subdivi sion approval in addition to those conditions permitted to be imposed under this Act; (

i) conferring or imposing, with or without conditions, any power or

Document details

Collection	Alberta — Bills
Citation	L18 S3 5717
Type	bill
Volume / chapter	L18 S3 5717
Language	en
Format	json
Source	PROVINCIAL
Identifier	fc1d2a542412a8ce43c8c00f4bd533f08a733370

Source file is stored in the law ingest library (json).