The subdivision process can be quite complex. A professional — Alberta Land Surveyor, Planner, Lawyer, Engineer, etc. — understands planning regulations and can design a subdivision that meets both Provincial and Municipal legislated requirements.
Properly prepared applications usually proceed more quickly, and registration at the Land Titles Office is achieved sooner. A professional Alberta Land Surveyor must be in charge of the determination of boundaries for plan registration at the Land Titles Office.
It is recommended the applicant meet with PCPS Planning staff prior to submitting an application.
Subdivision application packages may be picked up at municipal offices, downloaded and printed, or mailed to you by request. Either the landowner, or an agent authorized by the landowner, can submit a completed application.
PCPS staff assesses the application by evaluating the application for conformity with the following plans and documents:
- Municipal Government Act
- Subdivision and Development Regulation
- Municipal Development Plan
- Area Structure Plan
- Land Use Bylaw
- Parks and Open Spaces Master Plan
- Alberta Municipal Affairs
- Alberta Environment
- Alberta Sustainable and Resource Development
- Alberta Tourism, Parks and Recreation
- Alberta Transportation
- Alberta Infrastructure
- Alberta Land Titles - Spin
For a period of three weeks, the application is circulated for comment to the following groups/people:
- Various municipal or Government of Alberta departments or agencies
- Adjacent landowners and/or municipalities
Once the circulation comments have been received and the internal review is complete, staff will prepare a report and make a recommendation.
The report addressing the subdivision application will be presented to either the Municipal Planning Commission or associated Municipal Council.
These meetings are open to the public, and the applicant/owner may attend the meeting and speak to the application. The Subdivision Authority 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 certain conditions being met. 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 PCPS will endorse the Plan of Survey or Descriptive Plan (whichever is applicable). The applicant/owner may appeal any or all conditions of approval.
Refusal: The Subdivision Authority must provide reasons for refusal of an application. The applicant/owner may appeal the decision. The Alberta 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.
The decision of the Subdivision Authority may be appealed by the applicant, affected government departments, or, with regard to municipal and school reserves, the school authority.
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 19 days from the mailing date of the decision letter. The appeal hearing will be held within 30 days of the date the appeal was filed.
Appeal to Municipal Government Board:
- 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 19 days. The appeal hearing will be held within 60 days.
The SDAB 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 SDAB is final, and no further appeals may be made, except to a court on a point of law or jurisdiction.
Once the above conditions have been satisfied, the applicant or their surveyor may submit one paper print and a digital copy of the plan and required paper affidavits for PCPS endorsement. This submission must be accompanied by an endorsement fee of $100 per lot created (excluding reserve lots and public utility lots).
Once endorsed, the planner will contact the applicant and/or the applicant's surveyor. The endorsed plan may then be registered at the Alberta Land Titles Office by the Alberta Land Surveyor.