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SUBDIVISION
APPLICATION PROCESS
1. Pre-Application
If the application is for
anything other than a subdivision of 32 ha + or 1 ha + from a
previously unsubdivided quarter section, it is recommended that the applicant
meet with a member of the Planning & Development Department prior to submitting
an application.
2.
Application
Subdivision application
packages may be picked
up at the Planning & Development Department located on the 2nd floor
at 1101 – 5th St., Nisku or printed from the Leduc
County website. Either the
landowner or an agent authorized by the owner can submit a completed application
form, including other requirements such as:
·
tentative
plan;
·
current copy
of the certificate(s) of title; and
·
water table,
soil percolation and/or potable water reports, if necessary.
3.
Staff Review
The staff evaluates the
application by evaluating the application for conformity with the following:
·
Municipal
Government Act;
·
Subdivision
and Development Regulation;
·
Municipal
Development Plan;
·
Area Structure
Plan (if applicable); and
·
Land Use
Bylaw.
4.
Circulation
The application is
circulated for comment to:
·
various County
or Provincial Departments or agencies; and
·
adjacent
landowners and/or municipalities.
5.
Staff
Report
Once the circulation
comments have been received and the internal review is complete, the staff will
prepare a report and make a recommendation to the Subdivision Authority.
6. Subdivision
Authority Meeting
The report on the
subdivision application will be presented at the Subdivision Authority Meeting
held the third Tuesday of each month.
The meetings are open to the public, and the applicant/owner
are encourage to attend the
meeting and speak on the application if desired. The Subdivision Authority will
render a decision on the application or defer the application pending provision
of further information by applicant/owner.
7. Decision
The Subdivision Authority
will render one of the following two decisions:
1. Conditional Approval:
All approved subdivision
applications are subject to certain conditions being met. These conditions will
be listed in an official letter informing the applicant/owner of the Subdivision
Authority’s decision. The applicant/owner must satisfy all conditions before
the County will endorse the Plan or Survey or Descriptive Plan (whichever is
applicable). The applicant/owner may appeal any or all conditions of approval.
2. Refusal:
The Subdivision Authority
must provide reasons for refusal of an application. The applicant/owner may
appeal the decision.
The Subdivision Authority
must render a decision on an application within 60 days of accepting the
application as complete, unless the applicant and the Subdivision Authority
agree to a time extension. If the Subdivision Authority fails to issue a
decision within the specified time frame and extensions are not granted, the
applicant may initiate an appeal. The appeal would be considered an appeal of a
deemed refusal.
8.
Appeal
The decision may be appealed
by the applicant, commenting government department or with regard to municipal
and school reserves, the school authority.
1.
Appeal to the
Subdivision & Development Appeal Board:
Notices of appeal
must be received within 14 days. The appeal hearing will be held within
30 days of the date the appeal was lodged.
2.
Appeal to
Municipal Government Board: – if there is a provincial interest
Notices of Appeal
must be received within 19 days. The appeal hearing will be held within
60 days.
The Appeal Board must have
regard to any statutory plan; must conform with the uses of land referred to in
a land use bylaw; must be consistent with the land use policies; and must have
regard, but is not bound by the Subdivision and Development Regulation. The
decision of the Appeal Board is final, and no further appeals may be made,
except to a Court on a point of law or jurisdiction.
9.
Plan Endorsement
Once
the above conditions have been satisfied,
you may submit 1 paper print and a digital copy of the
plan and required paper affidavits for County endorsement. The digital copy
must in AutoCAD format and can be supplied by disk, CD or by e-mail to
nola@leduc-county.com. This submission must be accompanied by an
endorsement fee per lot created (excluding reserve lots and
public utility lots). Please contact the Planning and Development
Department for current fees.
10.
Registration
Once endorsed, the
Planning & Development Department will contact the surveyor and the plan may be
registered at the Land Titles Office.
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