HomeMy WebLinkAbout5-8 Subdivisions- General Conditions POLICY
Section Policy No. Page
2<neehill Development Control 5-8 1 of 4
COUNTY Policy Title Date: Motion No.
Subdivision Standard Conditions May 25, 2021 238/21
Purpose:
When a subdivision is approved there are conditions that are attached to the approval. These conditions are
required to be met by the applicant prior to endorsement and registration of the subdivision. This policy is
established to provide Administration and the Subdivision Approving Authority procedures and general
standard conditions for subdivision approval.
Policy Guidelines:
1. This policy will ensure that all subdivisions maintain a minimum standard throughout the County.
2. All subdivision applications approved by the Subdivision Authority may contain all or some of the
conditions as listed within the Standard Subdivision Conditions or Other Subdivision Conditions if
applicable.
3. The standard conditions may only be amended by County Council on the recommendations of
Administration and the Subdivision Authority.
II 4. The Municipal Planning Commission and Administrative Subdivision and Development Approving
Authority may approve additional conditions which may be necessary for a subdivision approval.
Standard Conditions:
1. The subdivision must be registered in accordance with the tentative plan submitted and by a way
suitable to Alberta Land Titles in accordance with the Land Titles Act.
2. Each developed parcel must be served by its own water source and private sewage treatment system.
3. Confirmation of compliance with the requirements of the Alberta Private Sewage Disposal Regulation
and Safety Codes Act for the private sewage disposal system located upon the proposed lot either by a
letter from a certified Safety Codes Officer, a permit application, or a recent approval not more than
five years old.
4. All services(water, sewer, power etc.) are to be provided by the landowner at their expense and they
must conform to the utility provider conditions.
5. Access is to be provided to the approved subdivided parcel and remnant parcel. Confirmation that all
existing and proposed accesses have been located and constructed in accordance with Kneehill County
Approach Construction Guidelines Policy 13-15 and amendments thereto is required.
6. All outstanding taxes on the land involved (arrears if any) are to be paid in full to the municipality
before the subdivision may be endorsed.
7. All future site development will require the appropriate development and safety codes permits and
approvals.
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Section Policy No, Page
Development Control 5-8 2 of 4
Policy Title Date: Motion No,
Subdivision Standard Conditions May 25, 2021 238/21
8. Approval by the approving authority does not exclude the need and/or requirements of the applicants
to obtain any and all permits as may be necessary under this or any other legislation, bylaws or
regulations.
9. Concurrent registrations of utility easements, rights-of-ways and/or crossing agreements, as required
by service providers.
Other Conditions if Applicable:
10. Compliance with Kneehill County Land Use Bylaw setback requirements as demonstrated by an Alberta
Land Surveyor either through a Real Property Report showing the location of all improvements on both
of the parcels or written confirmation from the surveyor. The location of the water wells, municipal
risers, and sewage disposal systems are also to be located and be shown to conform with provincial
setback requirements.
11. The Owner/Developer shall enter into an agreement with regard to road right-of-way widening when
required as follows:
a. Agree to sell a minimum of a 5m (16.5ft) strip of land for road widening to the County at such
time as the County deems it necessary to widen the road adjacent to the quarter section, with
the price of land to be in accordance with existing County policy at that time, and the survey
for the road widening to be undertaken by the County at cost.
b. The County will file a caveat against the land to protect its interest in the land.
12. If necessary, the Owner/Developer will be responsible for the construction of roads to provide access
to the proposed subdivision and if required by the Municipality, roads must be constructed at the
owner/developer's expense to the municipal standards, subject to Development Control Policy 5-13
and 5-13A and amendments thereto.
13. The applicant shall enter into a development agreement(s) with Kneehill County in accordance with
Section 655 of the Municipal Government Act. The development agreement(s) may be registered via
caveat on the affected land that provides the nature and intent of the agreement(s).The development
agreement(s) shall address such matters including but not limited to the following:
a. the construction of municipal improvements;
b. the provision of necessary utilities, easements, and right of ways;
c. water and sewage treatment requirements;
d. storm water management;
e. security requirements;
f. inspection provisions.
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Section Policy No, Page
Development Control 5-8 3 of 4
Policy Title Date: Motion No.
Subdivision Standard Conditions May 25, 2021 238/21
14. An application must be made to Alberta Transportation for an approach along a primary or secondary
highway.
15. As per Kneehill County Water Policies the subject lands are considered as adjacent to the County
waterline and as such any future residential development of the site will require the landowners to
apply for water modeling. If the study finds the development suitable for hooking into the public
waterline the owner must take a riser. Fees for said study and riser as per the Master Rates Bylaw.
16. The Subdivision Authority may require the proposed parcel to be consolidated with an existing parcel.
The ±acre subdivision is to be consolidated with Blk Plan at the time of subdivision
registration.
17. As per Sections 661, 666, and 667 of the Municipal Government Act,the applicant must provide 10%
Municipal Reserve and/or School Reserve to be taken as follows:
a. The County will take cash in lieu of dedication of land when taking reserves is possible under
the Municipal Government Act.
b. The cash in lieu will be on the subdivided parcel.
c. When required reserves have been deferred as per Council decision, a deferred reserve caveat
will be attached to the balance of the parcel.
d. In circumstances such as commercial or multi-lot residential subdivision,the County may, at
the unfettered discretion, take land instead of cash.
e. The Development Authority shall calculate the amount of the cash in lieu to be taken based on
the current assess market value of the land without improvements, at the time of subdivision
approval. If the developer and the municipality do not agree with an amount,the developer,
at his own cost, can hire an appraiser to determine the value. (As per the MGA requirements).
18. As per Sections 661, 666 and 667 of the Municipal Government Act,the applicant must provide 10%
Municipal Reserve and/or School Reserve to be taken as cash in lieu of dedication of land. Based on
the CLI Level,the average per acre value amounts to$2,824.28 (10%of the final proposed subdivision;
approximately$2,824.28 for 1.0 acres).The final amount owing will be calculated upon receipt of the
final survey plan using this value.
19. As per Sections 661 and 664 of the Municipal Government Act,the applicant must provide
environmental reserves. The applicant shall enter into an environmental reserve easement with
Kneehill County affecting those lands identified on the conditionally approved tentative plan for the
purposes of environmental protection. To ensure the development of this easement a plan of survey
specifying the easement of lands is required in accordance with the requirements of the Land Titles
Office.
20. As per Section 661 and 664 of the Municipal Government Act,the applicant shall dedicate those lands
as identified on the conditionally approved tentative plan as environmental reserve or conservation
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Section Policy No. Page
Development Control 5-8 4 of 4
Policy Title Date: Motion No.
Subdivision Standard Conditions May 25, 2021 238/21
reserve. A qualified land surveyor shall include the lands identified as environmental reserve or
conservation reserve on the plan of survey.
21. For a multi-lot subdivision,the applicant shall review necessary off-site (primary and secondary)
upgrades to the power distribution system with the power utility provider to service the subdivided
lands. Where off-site upgrades are deemed necessary by the power utility provided, the applicant
shall enter into an agreement to service the subdivided lands. Confirmation shall be provided to
Kneehill County prior to endorsement of the subdivision.
22. The developer/applicant must apply for a Rural Address Sign at the fee set out in the Master Rates
Bylaw prior to or at the time of application for a Building Permit.The assigned rural address will be
mounted at a location on the subject property to the satisfaction of Kneehill County.
23. A qualified surveyor shall prepare a Utility Right of Way(UROW) instrument acceptable to the Land
Titles Office. The applicant shall enter into a General Utility Easement Agreement with Kneehill
County. The UROW shall dedicate (insert direction and metres).
24. The applicant shall submit the following report(s), plans and specifications prepared by a qualified
professional. These reports shall be to the satisfaction of Kneehill County and the findings shall guide
and be incorporated within the drafting and execution of the development agreement(s). (Insert and
list applicable requirements and timelines)
1/4i -t,
. tddkrif
Jerry ittstock, Mike Haugen,
Reeve CAO
Approved: November 29, 2011 570/11
Approved: February 14, 2017 58/17
Approved: May 25, 2021 238/17
Review Date: May 2025