5.0.0
Subdivision of Land
5.1.0 Approval Requirements
5.1.1
Subject to s.5.1.2, no person, corporation, or agency shall subdivide a parcel or do any act on land that may have the effect of subdivision, without the approval of the Municipal Planning Commission, or upon appeal, the approval of the Development Appeal Board.
5.1.2
No subdivision approval is required where the Town undertakes a subdivision solely for the purpose of a public roadway or utility installation.
5.2.0 Application for Subdivision
5.2.1
The owner of the land to be subdivided, or a person with written authorization to act on behalf of the owner, may file an application for subdivision accompanied by the processing fee.
5.2.2
An application for subdivision shall be accompanied by ten sets of drawings to a minimum scale deemed appropriate by the Development Officer, plus one set of drawings reduced to 8½ x 11" sheets, showing the following:
a. the location, dimensions, boundaries, and area of the land being subdivided;
b. the location, dimensions, boundaries, and area of the proposed new parcels;
c. the location, dimensions, boundaries, and designation of roadways, public utility lots, reserves, rights-of-way, railway lines, and easements, on both the land to be subdivided and adjacent land;
d. the existing and proposed vehicular and pedestrian access to serve a proposed or remaining parcel;
e. the location of all buildings, structures, utilities, and other man-made features on the proposed and remaining parcels;
f. the gross area of land in the plan and the area dedicated in public roadways, walkways, and reserves shown in tabular form;
g. a signed authorization granting right of entry to Town staff; and
h. an environmental assessment, in accordance with the terms of reference provided by Parks Canada.
5.2.3
In addition, a Development Officer may require the following information so that the Municipal Planning Commission may properly evaluate an application for subdivision:
a. spot elevations and/or topographic contours at 0.5 m intervals related to geodetic data for existing and proposed development;
b. identification of all drainage channels and other water bodies, major tree stands, and any other distinctive physical characteristics;
c. a context plan showing the relationship between the proposed subdivision, adjacent lands, and all roads and railways;
d. a report certified by a professional engineer providing details of proposed on-and off-site servicing, required upgrading of that servicing; and considering cumulative impacts;
e. a traffic impact analysis certified by a professional engineer;
f. servicing concept plan including water, sewer, storm sewer, gas, telephone and cable;
g. slope stability analysis;
h. storm drainage analysis;
i. a wildfire hazard analysis that assesses structure location, design and landscaping on the subject property as well as slope conditions and vegetation cover in the surrounding area; and
j. such other information as required to process the application in accordance with the Agreement or Act.
5.2.4
When the proposed plan of subdivision is part of a larger area, the whole of which may eventually be subdivided and for which no overall plan has been prepared, the Municipal Planning Commission may require the submission of an overall plan, to its satisfaction, for the whole area before considering the subdivision application.
5.2.5
If the proposed subdivision requires an environmental assessment under the Canadian Environmental Assessment Act, the applicant shall file an environmental assessment in accordance with the Canadian Environmental Assessment Act.
5.2.6
An application shall not be considered complete for purposes of the decision-making period until the required information and materials have been filed.
5.2.7
Except for the requirements in s.5.2.5, the Municipal Planning Commission may consider an application complete although not all of the requirements have been met if, in its opinion, sufficient material has been submitted to enable an informed decision on the application.
5.2.8
The Municipal Planning Commission may refer an application for subdivision approval to any municipal, federal or provincial department, or any other agency or body it deems appropriate. Any comments received are not binding on the Municipal Planning Commission.
5.3.0 Decision
5.3.1
The Municipal Planning Commission shall render a decision on a subdivision application within 30 days of receipt of a completed application except as provided for in s.5.6.5.
5.3.2
In making a decision on a subdivision application, the Municipal Planning Commission shall comply with the procedures and requirements outlined in the Agreement.
5.3.3
The Municipal Planning Commission is not required to hear any representations with respect to a subdivision application.
5.3.4
Within 14 days after a decision has been made on an application for subdivision, a Development Officer shall notify the applicant and adjacent property owners of the decision, either by ordinary mail or personal service, and publish a notice of decision in a local newspaper, and post a notice of decision for public view in the Town offices, stating the nature of the proposed subdivision, its location, whether the subdivision was approved or refused, and any conditions or variances approved.
5.3.5
The Municipal Planning Commission shall not approve a subdivision application unless:
a. the land to be subdivided is, in its opinion, suitable for the purposes for which the subdivision is intended, having regard to its topography; its soil characteristics; storm water collection and disposal; any potential for flooding, subsidence or erosion of the land; its accessibility to a public roadway; the availability and adequacy of water supply, sewage disposal systems and solid waste disposal; compatibility with the use of land in the vicinity; the provisions of the Banff National Park Management Plan and any applicable statutory plans; and such other matters considered necessary to determine whether the land is suitable for the intended purposes;
b. each parcel to be created has direct access to a public roadway, or lawful means of access satisfactory to the Municipal Planning Commission;
c. except where conditions are imposed pursuant to s.5.4.2, the proposed subdivision conforms to the provisions of the Act, the Agreement, the Banff National Park Management Plan, any applicable statutory plan, and this Bylaw; and
d. the proposed subdivision conforms to the requirements of an applicable environmental assessment under the Canadian Environmental Assessment Act.
5.3.6
The Municipal Planning Commission may approve, conditionally approve, or refuse, at its discretion, a subdivision.
5.3.7
A subdivision approved by the Municipal Planning Commission shall not be implemented until the Minister has approved any new or amended lease required to effect the subdivision, including payment of any required fees.
5.3.8
Municipal, environmental, or school reserve will not be required for the subdivision of existing parcels less than 1,500 m2 in area unless:
a. the effect of the subdivision is to create more than one additional parcel for development which did not previously exist; or
b. the purpose or effect of the subdivision is to create a development which represents an increase in the density or intensity of use of the site, other than the creation of two additional dwelling units in those districts where it is allowed; or
c. the site includes any slopes which exceed 30%, watercourses, wetlands or other areas, which, in the opinion of the Municipal Planning Commission are environmentally sensitive or hazardous.
5.3.9
Municipal or school reserve will not be required for parcels created for civic or institutional purposes or uses of a not-for-profit nature.
5.3.10
In the event of subdivision by condominium plan, any setbacks from a public or private street or between buildings, and all other development regulations applicable to a leasehold subdivision shall apply, and the density of a site shall be calculated as for a leasehold subdivision, except that, at the discretion of the Municipal Planning Commission, normal municipal engineering standards may be relaxed within the boundaries of the condominium plan created, provided that:
a. adequate fire access, legal road access and municipal servicing is provided and maintained to the satisfaction of the Municipal Planning Commission; and
b. the developer and his heirs and assigns, or the condominium association, assumes all responsibility for the construction, maintenance, repair and replacement of all such roads and services within the condominium plan.
5.4.0 Conditions of Subdivision Approval
5.4.1
The Municipal Planning Commission shall impose as conditions in the subdivision approval those mitigative and other measures required to be taken pursuant to an applicable environmental assessment under the Canadian Environmental Assessment Act to minimize any adverse environmental effect.
5.4.2
The Municipal Planning Commission may impose the following conditions in a subdivision approval:
a. conditions to ensure compliance with the Act, the Agreement, the Banff National Park Management Plan, any applicable statutory plan, and this Bylaw;
b. conditions requiring the applicant to make satisfactory arrangements for the supply of water, electric power, telephone, sewer service, vehicular and pedestrian access and any other utility or facility including payment of installation or construction costs by the applicant;
c. a condition that the applicant enter into an agreement with the Town to do all or any of the following:
i. to construct or pay for the construction or improvement of a public roadway required to give access to the development;
ii. to construct or pay for the construction to municipal standards of a pedestrian walkway system to serve the development; or a pedestrian walkway that will connect the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development, or both;
iii. to specify the location and number of vehicular and pedestrian access locations to a site from public roadways;
iv. to install or pay for the installation of utilities that are necessary to serve the development;
v. to construct or pay for improvements with an excess capacity pursuant to s.651 of the Act;
vi. to construct or pay for the construction of off-street or other parking facilities, and garbage, recycling, loading and unloading facilities; and
vii. to pay an off-site or redevelopment levy imposed by a Bylaw adopted pursuant to the Act.
d. a condition requiring the applicant to repair or reinstate, or to pay for the repair or reinstatement, to original condition any street furniture, curbing, sidewalk, boulevard landscaping and tree planting which may be damaged or destroyed or otherwise harmed by development or building operations upon the subject site;
e. a condition that financial security be posted with the Town to ensure that the proposed subdivision will be carried out in accordance with the subdivision approval and its conditions;
f. such other conditions as it deems appropriate in the circumstances.
5.4.3
The subdivision approval remains valid in accordance with the time conditions established in the Act and must be registered within one year after the date on which it is endorsed, failing which the subdivision approval and endorsement are void.
5.4.4
The Town may register a caveat in respect of an agreement under s.5.4.2 against the parcel that is subject of the subdivision. The caveat may be discharged when the agreement has been complied with.
5.5.0 Applicant’s Obligations
5.5.1
When a subdivision is approved, the applicant shall comply with the provisions of the Act in respect of endorsement and registration.
5.5.2
On a proposed plan of subdivision environmental reserve shall be identified by a number suffixed by the letters "ER"; municipal reserve shall be identified by a number suffixed by the letters "MR"; school reserve shall be identified by a number suffixed by the letters "SR"; municipal and school reserve shall be identified by a number suffixed by the letters "MSR"; and a public utility lot shall be identified by a number suffixed by the letters "PUL".
5.5.3
If an application for subdivision approval is approved, the applicant shall comply with the provisions of the Agreement and with the requirements of the subdivision approval in respect of dedication of land for public roadways, public utilities, environmental reserve, municipal reserve, school reserve, municipal school reserve, payment of money in lieu of reserves, deferments of reserves, all other matters set out in the Agreement, and the approval conditions.
5.6.0 Subdivision Appeals
5.6.1
An appeal from a subdivision decision of the Municipal Planning Commission, or any condition imposed by it, may be made by the applicant for subdivision approval, the Council, a school authority, the Minister, or any adjacent lessee or licensee by filing with the Development Appeal Board a written notice of appeal, along with the processing fee set by Council. This fee may be refunded at the discretion of the Board.
5.6.2
In the case of an appeal by the applicant, the Minister or the Council, the appeal must be filed within 30 days of issuance of the decision and in the case of an appeal by a school authority or adjacent lessee or licensee, the appeal must be filed within 14 days of the date of issuance of the decision.
5.6.3
In the case of an appeal by other than the applicant or the Council, the decision of the approving authority shall be deemed to have been issued on the date of publication of notice of the approval of the subdivision application pursuant to s.5.11(2) of the Agreement.
5.6.4
The notice of appeal shall identify the decision being appealed and set forth the grounds of appeal.
5.6.5
If the Municipal Planning Commission fails or refuses to make a decision on an application for subdivision within the time prescribed in s.5.3.1 the applicant may treat the application as refused and appeal to the Development Appeal Board or enter into an agreement to extend the time prescribed.
5.6.6
In processing and deciding a subdivision appeal, the Development Appeal Board may exercise only those powers conferred on the Municipal Planning Commission by this Bylaw and the Agreement.
5.6.7
Subject to s.5.6.8 and s.5.6.9, the Development Appeal Board may make an order or a decision or approve an application for subdivision approval notwithstanding that the subdivision does not comply with this Bylaw if, in its opinion:
a. the deviation from the Bylaw is minor;
b. strict application of the Bylaw would cause unnecessary hardship to the applicant arising out of circumstances peculiar to his land; and
c. the deviation from the Bylaw would not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring properties.
5.6.8
The Development Appeal Board shall not approve a subdivision that does not comply with the requirements of an applicable environmental assessment under the Canadian Environmental Assessment Act, nor shall it approve a subdivision without attaching as conditions those mitigative and other measures required to be taken pursuant to the said environmental assessment to minimize any adverse environmental effect of the subdivision.
5.6.9
The Development Appeal Board shall not approve a subdivision that does not conform to the uses prescribed in this Bylaw.
5.6.10
A subdivision approved by the Development Appeal Board shall not be registered until it has been signed by the Development Officer and the Minister has approved any new or amended lease required to effect the subdivision.