A development permit is required for any development in the M.D. of Smoky River No. 130 prior to any development taking place. Although permits may not be required, the development must still conform to the Land Use Bylaw (ie; setbacks, etc.) Contact the Development Officer to ensure conformity.
It is the applicant’s responsibility to obtain all other necessary permits, including but not limited to services such as gas, power, sewer, water that are required for the development.
Application for Permit
Application is to be made to the Development Officer and accompanied by a non-refundable the processing fee, the amount of which shall be established by a resolution of Council. Time limits are outlines on the permit application form. The Development Officer may require additional information to accompany the permit application. Possible requests can be found on the application form.
We encourage you to contact the Development Officer, prior to submitting an application to verify what type of additional information may be required.
New Home Warranty Required for All New Residential Building Permits
The New Home Buyer Protection Act (NHBPA) came into effect February 1, 2014. Under the NHBPA, a building permit cannot be issued to a developer/ratepayer unless appropriate warranty coverage, or an authorization for exemption from coverage, requirement is in place on the property. In addition, this legislation also applies to duplexes, multi-family homes, condominiums, substantial reconstruction as well as manufactured homes (includes modular, ready to move, etc..). More information about NHBPA can obtained from our office or by calling the Municipal Affairs Public Safety Division at 1-866-421-6929 or visit their website.
The Appeal Process
A decision on a development permit application may be appealed by serving either in person or by registered mail. A written notice of appeal to the Secretary of the Subdivision and Development Appeal Board within (14) fourteen days of the Notice of Decision. Use of the Development Appeal Form outlined in the Land Use Bylaw is recommended. This form must be accompanied by an application fee of $500.00.
Within thirty (30) days of receiving written notice of an appeal, the Board shall hold a public hearing. Upon conclusion of a hearing, the Board shall deliberate and reach its decision in private. The Board shall give its decision upon an appeal in writing together with reasons for the decision within fifteen (15) days of the conclusion of the hearing.
Those individuals who wish to subdivide their property should meet with the Development Officer to discuss the process to follow. As setbacks regarding farmstead separations and country residential subdivisions are site specific and pre-planning is required. At this initial meeting, the Development Officer will provide you with a subdivision application package. The package provides you with basic information required for a subdivision application, a schedule of fees and various forms to complete. There is also an information sheet that outlines the processing of subdivision applications.
SUBDIVISIONS & PRIVATE SEWAGE DISPOSAL SYSTEMS
The Alberta Safety Codes Council has adopted the 2015 Standard of Practice pertaining to private sewage disposal systems that are in use and permitted for a single family residence in the Province of Alberta. The open discharge system (pump outs) that the majority of our residences currently use. The minimum required setback from a property line for an open discharge system has doubled from 150 feet to 300 feet. There is a 150 foot setback from a residence, farm dugout and a watercourse. As a result, the minimal parcel size for a single residential parcel has increased to a minimum of 8.5 acres and more, in most cases. In the case where a subdivision hasn’t been applied for the parcel size is dependent on the location of buildings, water reservoirs, and open discharge in relation to existing or future property lines. Pre-planning a subdivision prior to submitting the application is strongly recommended for either a farmstead separation or a first parcel out. Failure in preplanning can substantially add to the cost. There are several approved methods of treating effluent from rural residences that reduces property line setback, all of which are included in the 2015 Standard of Practice. A newly accepted private sewage disposal system called an “AT-Grade system” will reduce the number of acres required for a residential subdivision.
Letters of Compliance
Where any development has taken place in conformance with a development permit, and the conditions, if any, attached to the permit has been fulfilled, a Development Officer may issue a Letter of Compliance stating that the development conforms to the requirements of the Land Use Bylaw.
A real property report completed by a qualified land surveyor within the last three years will be required prior to issuing the Letter of Compliance. If the real property report was completed on said property more than three years ago and no changes have occurred on the property, the development officer may use that report, provided a statutory declaration stating that no changes have occurred is provided.
A Letter of Compliance is subject to a fee based on policy set by Council.