Requirements for Roads, Access or Utilities
Providing for Roads
According to Section 662 (1) of the Municipal Government Act (MGA), A subdivision authority may require the owner of a parcel of land that is the subject of a proposed subdivision to provide part of that parcel of land for the purpose of roads, public utilities or both.
In addition the MGA allows for the imposition and payment of a levy, to be known as an "off-site levy", in respect of land that is to be developed or subdivided in order to pay for all or part of the capital cost of new or expanded roads required for or impacted by a subdivision or development.
Sometimes it may be required that a developer constructs internal roads and/or upgrades existing roads to accommodate increased traffic that would result from the proposed development. Please contact the County at (403) 652-2341 for more information.
Providing for Access Easements and Rights-of-Way
An easement or right-of-way is an agreement that confers on the holder the right to use a landowner's property in some way. Easements and rights-of-way are usually registered on the certificate of title to the property. They remain with the land and are automatically transferred from one owner to another as the land is sold. Easements remain on the title until the holder of the easement discharges their rights from the certificate of title.
A common use of access easements is to provide legal physical access to a parcel that is not adjacent to a roadway. Rights of way are commonly used to provide for the location of utilities.
Public Utility Lots
According to Section 662 of the Municipal Government Act, a subdivision authority may require the owner of a parcel of land that is the subject of a proposed subdivision to provide part of that parcel of land (not to exceed 30% of the total less the amounts taken as environmental reserve or environmental reserve easement) for roads or public utilities or both.
Public Utilities are defined as systems or works used to provide the following services for public consumption, benefit or use:
- water or steam,
- sewage disposal,
- public transportation,
- electric power,
- waste management or
Public Hearings for Amendment or Redesignation of Land Use
According to Section 692(1) of the Municipal Government Act, Council must hold a public hearing prior to giving second reading to a proposed by-law amending a land use bylaw.
Boundary Adjustment and Consolidations
Boundary adjustments are undertaken for the consolidation of part of one parcel into an adjacent parcel, to adjust the acreage sizes of each parcel correspondingly. A boundary adjustment may follow the redesignation process, the subdivision process, or both, depending on the proposal.
Redesignation and Subdivision Processes are Required when...
A boundary adjustment will change the zoning of one or more parcels of land further to the fact that it is changing the acreage sizes of the lands in question.
Only Subdivision Process is Required when...
The zoning of the lands in question will not change, only the parcel size(s).
There may be instances where a condition of subdivision approval will be that the landowner / developer enter into a legal agreement with the County. These legal agreements are generally registered on the land title by caveat.
Some examples of possible legal agreements are:
- A Development Agreement
- An Agreement for the Acquisition of land
- Deferment of Municipal Reserve onto a balance parcel
- An access easement agreement
- A Utility right of way agreement