SUBDIVISION PROCESS

To process a subdivision application the following steps are required:

01 Pre-Application

It is recommended the applicant meet with municipal staff or arrange for a virtual meeting with a planner from MPS prior to applying for subdivision.

02 Application

Subdivision application packages may be picked up at the municipality’s office, downloaded and printed, or emailed/mailed to you by request.

The landowner or an agent authorized by the landowner can submit a completed application.

03 Preliminary Review

Once the subdivision application has been submitted to MPS along with the required fee (see fee information) MPS staff will undertake a preliminary review of the application to determine if it is complete.

If additional information is required, MPS will contact the applicant.

04 Internal Review

When the application is deemed complete (all forms & fees have been provided the file is opened), MPS staff will assess the application by reviewing it for conforming with:

• Municipal Government Act
• Matters Related to Subdivision and Development Regulation
• Government of Alberta Acts and Regulations (i.e., Water Act, Wetland Policy, etc.)
• Requirements from Provincial Departments and Agencies
• Intermunicipal Development Plans (if applicable)
• Municipal Development Plan
• Area Structure Plan (if applicable)
• Land Use Bylaw
• Applicable Municipal Policies and Procedures.

05 Circulation

For a period of three weeks, the application is circulated for comment to the following for review and comment:

• Municipal or Government of Alberta departments or agencies
• Utility agencies and service providers
• School divisions
• Adjacent landowners and/or municipalities

06 Subdivision Report

Once the circulation comments have been received and the internal review is complete, staff will prepare a report and make a recommendation to the Subdivision Authority.

07 Decision

The report addressing the subdivision application will be reviewed by the Subdivision Authority who will:

• render a decision on the application; or
• defer the application pending provision of further information by applicant/owner.

The Subdivision Authority will render one of the following two decisions:

Conditional Approval: All approved subdivision applications are subject to the applicant meeting certain conditions. 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 MPS will endorse the Plan of Survey or Descriptive Plan (whichever is applicable). The applicant/owner may appeal any or all conditions of approval.
Approved No Conditions: While most subdivision applications are subject to the applicant meeting certain conditions, in certain cases the subdivision may be approved without conditions when none are required.
Refusal: The Subdivision Authority must provide reasons for refusal of an application.

The Municipal Government Act stipulates that 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.

08 Appeal

The decision of the Subdivision Authority may be appealed by the applicant, landowner, affected government departments, and (if regarding municipal and school reserves) a school division.

Appeal to the Subdivision and Development Appeal Board (SDAB):
• Appeals are made by the applicant or school authority in relation to Subdivision Authority decisions.
• Notices of appeal must be received within 21 days from the receipt of decision. The appeal hearing will be held within 30 days of the date the appeal was filed.

Appeal to Land and Property Rights Tribunal (LPRT):
• Appeals are made by Provincial Government Agencies in relation to Subdivision Authority decisions or by the Applicant in relation to Provincial Government Authority interests in Subdivision Authority decisions.

Notices of appeal must be received within 21 days of the date of the notice of decision.

The appeal hearing will be held within 60 days.

The appeal board must have regard to any statutory plan, conform with the uses of land referred to in a land use bylaw, be consistent with land use policies and have regard for the Subdivision and Development Regulation (not binding). 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.

09 Plan Endorsement

Once the conditions of approval have been satisfied, the applicant or their surveyor may submit one paper print and a digital copy of the plan to MPS and the municipality for endorsement.

This submission must be accompanied by an endorsement fee (see fee information).

10 Registration

Once the conditions of approval have been satisfied, the applicant or their surveyor may submit one paper print and a digital copy of the plan to MPS and the municipality for endorsement.

This submission must be accompanied by an endorsement fee (see fee information).