Subdivision is the legal division of a single parcel of land into two or more smaller parcels. By subdividing land, each parcel created is given a separate land title. Before being registered with Alberta Land Titles, each subdivision must receive subdivision approval and endorsement from the Municipality’s Subdivision Approval Authority.
The Subdivision Approval Authority makes sure the land to be subdivided is suitable for its proposed use and that what is proposed complies with the statutory plans and the Land Use Bylaw of the municipality, as well as all provincial legislation, including the Municipal Government Act (RSA 2000) and the Subdivision and Development Regulation (43/2002). This is to protect residents and the community from developments that might not be appropriate, to reduce conflicts with other land uses, and to guide the orderly development of land in the community.
When is Subdivision Approval Needed?
Approval of the Subdivision Authority is needed to:
• Split one parcel into two or more lots
• Adjust or re-align property lines
If you are planning on subdividing your land and are required to redistrict your land, both applications can be submitted at the same time. However, prior to receiving subdivision approval, Council must approve the redistricting application.
Overview of the Application Process
Regardless of how simple or complex subdividing will be, the Municipal Government Act and the Subdivision and Development Regulation require that a common process be followed. The following table describes the general steps that are followed during a typical application process.
|INITIAL INQUIRY||APPLICATION||REVIEW & DECISION||CONDITION FULFILMENT||ENDORSEMENT|
|Applicants should review the property zoning, minimum and maximum lot size, and other requirements with the MD Planning Department. A meeting with the Planning and Development Officer is recommended||Applicants submit a detailed application that includes the following: required fees, proposed plan of subdivision, plan showing proposed driveway locations and potential building area.||The application is reviewed by several departments and agencies. The application is reviewed by the MPC who conditionally approves the subdivision.||The applicant fulfills all conditions imposed on the subdivision by the MPC. Due to weather conditions it is recommended that the applicant does not leave road construction to the winter months.||The subdivision is endorsed when all conditions are deemed complete by the Planning and Development Officer and the Municipal Engineer. The applicant’s surveyor then registers the plans at the Land Title Office.|
|1 DAY||20 DAYS||60 DAYS||UP TO 1 YEAR||20 DAYS|
Before you consider subdivision, there are several factors that should be discussed with Municipal District of Lesser Slave River staff:
- Size of the new lots. Several restrictions exist to the size of lots. For example, the maximum size for a farmstead subdivision is 2 ha (some exceptions apply).
- Agricultural or Rural zoned lands cannot be subdivided into multiple lots without rezoning the parcel first.
- Site conditions such as creeks, ravines, and valleys may cause environmental concerns – if your property has steep slopes or is adjacent to a creek or ravine, retaining those features in their natural state will be a priority during the subdivision process. If soil conditions warrant detailed geotechnical study, special conditions may apply.
- Servicing – If available in the area of subdivision, all lots must be connected to municipal water, sanitary sewer, and storm drainage systems. Upgrade of these services and the adjacent road (curb, gutter, sidewalk, road surface, catch basins, fire hydrants etc.) may be required. The preliminary application review will identify the necessary upgrades. Applicants must also upgrade electricity and gas services to the new lots and should contact utility companies directly for these requirements.
- For larger or potentially controversial projects, public consultation may be required.
- Planning staff can help identify possible costs before the developer has invested too much money into the subdivision.
- A subdivision must conform to statutory plans be and suitable for the intended use of land. Planning staff can help applicants tailor the application to conform to these plans.
- Identify transportation issues, such as access to highway.
- Identify restrictions to subdivisions i.e. oil and gas development or intense agricultural operations in close proximity to the land to be subdivided.
- Inquire about the natural gas availability for the proposed lands of the subdivision. Not all subdivisions can be serviced by natural gas and knowing this prior to applying for a subdivision is vital. Typically, the gas company will not install lines through crown land.
Ultimately, the initial inquiry will help the developer have a better understanding of all the steps and costs involved so that a subdivision cost and feasibility calculation can be made.