Subdivision FAQs
Questions
- How is subdivision different from a rezoning application?
- Can the Approving Officer refuse a subdivision application?
- If neighbours in the vicinity of a proposed subdivision write in opposition to the subdivision application, will it be rejected?
- Can the decision of the Approving Officer be appealed to the Municipal Council?
- Doesn't the Municipal Council make all the decisions on land use?
- How do I find out what services will need to be provided for my proposed subdivision?
Answers
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How is subdivision different from a rezoning application?
A rezoning application involves a request to change the allowable use or density of a parcel and must be submitted to the Municipal Council.
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Can the Approving Officer refuse a subdivision application?
Yes, however, Provincial Statutes outline the specific grounds upon which the Approving Officer may refuse an application for subdivision.
Unlike a Municipal Council's broad authority to reject any application for rezoning without reasons, the Approving Officer can only lawfully reject a subdivision application for the reasons specified in the Provincial legislation.
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If neighbours in the vicinity of a proposed subdivision write in opposition to the subdivision application, will it be rejected?
The input of neighbours is one of many elements the Approving Officer may choose to consider. However, it would not be appropriate for the Approving Officer to reject an application solely on the grounds that the subdivision is not supported by the neighbourhood.
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Can the decision of the Approving Officer be appealed to the Municipal Council?
No, the Provincial legislature purposefully separated the role of Municipal Council from that of the Approving Officer. It would not be lawful for a Councillor or Municipal Council to unduly influence the Approving Officer for or against a subdivision application.
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Doesn't the Municipal Council make all the decisions on land use?
Municipal Councils set overall land use policies in their Official Community Plans and Local Area Plans. They also have the full authority to pass and change regulatory bylaws such as the Zoning Bylaw that create different zones, densities and lot sizes for different areas within the community. These bylaws are enacted through a mandated public hearing process. However, once a parcel is zoned for a specific use and minimum lot size, the Municipal Council can not be involved in the subdivision approval process, except for panhandle lots and variances.
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How do I find out what services will need to be provided for my proposed subdivision?
Schedule H [PDF - 76 KB] attached to Subdivision Bylaw No.7452 specifies requirements for the design and installation of works and services of land proposed for subdivision.