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TOWN PLANNING

 


SUBDIVISION

Subdivision is the dividing of a single parcel of land into two or more parcels, each to be given a separate title, which is a legal process governed and regulated by a number of various provincial and municipal legislations. Subdivisions have an approvals process similar to development permit applications, but the evaluation period is lengthier due to a number of complex considerations - ex. municipal and private infrastructure, road networks, parks, housing density and zoning. The subdivision of land is part of a larger process of land use planning beyond just the actual lot being created at a specific site. Planners and those assigned the duties of processing subdivision proposals on behalf of a municipality spend a great deal of time reviewing land use, legislation, studies, site suitability and subdivision site specifics of proposals both before and after an actual application is submitted; the Oldman River Regional Services Commission (ORRSC) processes applications on behalf of the Town of Claresholm and provides input in the decision making process. The Subdivision Authority, as defined in the Municipal Government Act (623), is authorized to make decisions on subdivision applications within the Town of Claresholm. The Subdivision Approval Process guide is provided to assist applicants when making Application for Subdivision. For more information please contact:

Oldman River Regional Services Commission
3105 – 16th Avenue North
Lethbridge, AB T1H 5E8
Phone: (403) 329-1344 E-mail: [email protected]
Toll Free: 1-877-329-1387 Website: www.orrsc.com
Fax: (403) 327-6847

 

CONDOMINIUM DEVELOPMENT

The Condominium Property Act RSA 2000 provides the opportunity for landowners to convert existing buildings into condominiums. Condominium refers to multiple ownership of a parcel containing several separate dwelling units, dwelling groups, or commercial developments. Please refer to the Application Requirement List of Condominium Certificate to properly complete the Application for a Condominium Certificate. The act requires Municipal approval prior to registration of such conversions.

Bare land condominiums are handled as subdivisions. A bare land condominium involves dividing a parcel of land into individually owned ‘bare land units’; buildings on each bare land unit are owned by the individuals. A proposed plan of survey to create a bare land condominium requires the subdivision of the land and subdivision approval. The application will follow the same process as all subdivisions within the Town of Claresholm. For further information, refer to the Subdivision section of the website.

 

ENGINEERING

The Town of Claresholm doesn’t have a formal Engineering Department and are provided by the Public Works Department as often as is possible. The Town outsources the engineering work that cannot be provided in-house to multiple different contractors. Please refer to the Servicing Standards for Municipal Improvements. For further information please contact the Town of Claresholm Administration Office (403)625-3381 or Mike Schuweiler, Public Works Superintendent (403)625-3964.

 


LAND USE BYLAW

The Land Use Bylaw is a central planning document for a municipality; it provides a detailed blueprint for future development and governs land use decisions to ensure that they are consistent with the rules that it prescribes. The Land Use Bylaw is a document created to regulate the use, conservation and development of land, habitat and buildings in the Town of Claresholm, with the goal of achieving orderly, economical, beneficial and efficient development of land as well as:

  • To divide the Town of Claresholm into land use districts;
  • To prescribe and regulate for each land use district, the range of uses (permitted and discretionary), the purpose for which land or buildings may be used, and the procedures to process and decide on a change of land use (ie. redesignation or rezoning);
  • To establish procedures to process, decide and appeal development permits (including development permits, sign permits, demolition permits and home occupations);
  • To prescribe the procedure to notify owners of land likely to be affected by the issuance of a development permit;
  • To conserve and enhance the environmental quality in the Town;
  • To implement the policies of the Municipal Development Plan, the Area Structure Plans, the Area Redevelopment Plans, and other policy studies.

 

LAND USE BYLAW AMENDMENT / REZONING

The purpose of a land use district is to regulate the type of development permitted on each lot. By regulating the type of development based on land use districts the Development Officer can ensure a well-organized town by separating incompatible land uses. A Land Use Bylaw Amendment / Rezoning is required to modify any of the regulations set out in the Land Use Bylaw.

For land use amendment applications and the applicable fees please view the Fees, Forms, and Maps section on this website.

After a completed land use amendment application has been received, a bylaw amending the current Land Use Bylaw is drawn up. The bylaw outlining the zoning change is then presented to the Claresholm Town Council for first reading. Once the bylaw has been given first reading it is advertised in the local newspaper for two consecutive weeks and a letter is sent to the adjacent property owners explaining the proposed rezoning. A public hearing is held before the second reading of the proposed bylaw amendment in order to allow Council to hear public comments on the proposal. If Council supports the application after the public hearing it will receive second and third reading. The land use amendment / rezoning becomes effective on the date it is passed in third and final reading.

 

INTERMUNICIPAL DEVELOPMENT PLAN

The Intermunicipal Development Plan (IDP) is a land use planning tool prepared jointly by the Town of Claresholm & the M.D. of Willow Creek which will provide a comprehensive policy framework regarding land use and future development of land lying within the boundaries of the municipalities. This statutory plan requires adoption by the Councils of both municipalities. An IDP provides for a cooperative and coordinated policy approach to land use planning strategies, and subdivision and development in fringe areas deemed common to both municipalities. The plan will include communication protocols, and procedures for administering the plan among the municipalities as well as for resolving conflicts in case differing opinions arise in the course of implementation of the plan.

 

MUNICIPAL DEVELOPMENT PLAN

The Municipal Development Plan acts as the primary land use policy document and provides a planning framework to guide, integrate, coordinate and manage future sustainable growth and development of the Municipality that will assist in realizing the physical, social and economic opportunities of Claresholm. The MDP has guidelines for future development in the area specifically over the next five years while taking the next 20 years into consideration. Its broad set of policy statements guides other plans (ie. area structure plans and area redevelopment plans) and the land use bylaw. In the MDP you will find a description of where the municipality is now, where we are going, where we want to go, and how we plan to get there.

 

MUNICIPAL SUSTAINABILITY PLAN

The Municipal Sustainability Plan is a high level overarching document that guides the community into the future. It can best be viewed as a strategic business plan for the community that identifies short, medium, and long term actions for implementation, tracks and monitors progress, and is reviewed and revised on an annual basis. An MSP provides guidance for the development or alignment of all municipal plans and documents; the intent is for it to be used in co-operation with other planning documents the municipality has at its disposal.
In November of 2008, an article appeared in the magazine Municipal World about the Town of Claresholm’s Municipal Sustainability Plan, and you can read it HERE.

 

AREA STRUCTURE PLANS

Area Structure Plans (ASPs) provide a more detailed framework for the subsequent orderly subdivision and development of land within a defined area. They describe the sequence of development proposed for the area, the land uses, the density of population in the area, and the general location of transportation routes and public utilities.

These plans are amended from time to time and are adopted by bylaw. Please see our draft plan section to see which plans are in the process of being developed and to see how you can participate in developing the plans that affect your areas of interest.

Southwest Residential Area Structure Plan

Harvest Square Area Structure Plan

Christie Estates Area Structure Plan

Bridge Developments Area Structure Plan

Prairie Shores Area Structure Plan

 

AREA REDEVELOPMENT PLAN

Area Redevelopment Plans (ARPs) describe the redevelopment of any area for the purpose of preserving or improving the area, rehabilitating, removing or replacing buildings, and facilitating development in the area. ARPs differ from area structure plans in that they apply to areas of a municipality that have already been developed. In practice, ARPs are used to guide how an existing built-up area or neighbourhood should develop in the future. Area Redevelopment Plans allow municipalities to implement specialized or more detailed land use and development controls for special areas within their borders that have unique characteristics or include sensitive lands.

 

PARK & OPEN SPACES PLANNING

The Town of Claresholm strives to preserve and enhance the quality of life for the residents of Claresholm through the maintenance, improvement and enhancement of existing park facilities and the identification of new parks, recreational facilities, trails, bikeways, and open spaces. As such, the community will continue to focus on safety, environmental stewardship and providing a variety of facilities for all age groups, to enrich the cultural and social fabric of the community and enhance the positive regional reputation.

  • Improvement and Enhancement: To improve existing open spaces, parks and pathway systems. Also to capitalize on opportunities that would develop a network of recreational trails, pedestrian corridors and bikeways throughout the community that will be accessible to all residents. To recognize the importance of natural areas and the contribution they make toward a high quality of life. To work towards the conservation of natural areas, and incorporate them, as public open spaces into the park system.
  • Identification: Show leadership in determining the need for new facilities; researching and providing information on facility development, operating and maintaining facilities, and working with other levels of government and authorities.
  • Variety: To provide a greater variety of recreational opportunities and facilities for different interests and age groups in the community, from youth groups to senior citizens. To promote outdoor recreation, community interaction and ensure a diverse range of activities for Claresholm’s youth.
  • Environmental Stewardships: To preserve significant natural areas. To create and maintain attractive, clean and ecologically responsible, natural and built environments. To continue developing the municipal storm water system for integration into the Town’s public open space system and to provide protection for the associated wetlands, water courses and natural areas.
  • Safety: The Town is committed to ensuring that all recreational facilities are maintained and operated in safe manner. Safety remains a high priority and is everyone’s responsibility.
  • Reputation: To maintain Claresholm’s high profile as an important regional centre the provides quality recreational facilities for residents and visitors. To celebrate and enhance the beauty of the community for both residents and visitors.
  • Cultural and Social: Retain neighborhood facilities at various locations in the Town to help serve the cultural, recreational and social needs of community residents.

The role of Planning in the development of park, open space and community facilities: The planning process links practical actions to clear, site-specific objectives in an effort to achieve the goals and vision for the park, open space and/or facility. Developing the purpose and vision for a park, open space or facility early in the planning process assists in focusing on the most important features, pressures and activities. Not all parks, open spaces and facilities require the same level of planning, management and/or maintenance. Each site (each plan) is unique, therefore no single plan can be applied to all parks, open spaces and/or facilities. The framework of each planning process depends on several factors:

  • Inventory of existing and potential features. Includes identification of opportunities,
  • Inventory of existing and potential negative features. Thorough review of possible constraints, especially complex influences,
  • Identification of current and projected needs of the community,
  • Assessment of available infrastructure, and
  • Degree of public and stakeholder interest.

 

Centennial Park Master Plan
In 2007, the Town of Claresholm commissioned the Oldman River Regional Services Commission to undertake a park master plan for Centennial Park. The purpose of the Plan is to provide a flexible guideline for the improvement and enhancement of the park. At 15.3 acres, Centennial Park is the largest park within the Town of Claresholm and is considered our regional park. The Centennial Park Master Plan will provide a framework that will guide the development and expansion of facilities in the park for many years to come. To view the plan, please click HERE. To view a map of the area, please click HERE.

 

West Hill Park Redevelopment & Concept Plan
In 2012, the Town of Claresholm undertook a planning process for the facility replacement and overall enhancement of West Hill Park. Earlier in the year, the Town gathered general park related information from the public through an open house and the involvement of students from West Meadow Elementary School. The process culminated in a Concept Plan that will guide the Town in the redevelopment of the park. To view a copy of this plan, please click HERE.

 

Prairie Urban Garden Project & Landscape Plan
In 2011, the Town partnered with the Oldman Watershed Council in an initiative to redevelop a 1100 square foot (0.03 acres) piece of boulevard into a Xeriscape Garden using native planting and locally sourced hardscape (rock) material. The goal of the Prairie Urban Garden project is to demonstrate the beauty and benefits of having a xeriscaped garden in Southern Alberta. Xeriscapes fit in with the dry prairie environment we depend on and allow homeowners to have beautiful yards.

NOTE: The Oldman Watershed Council is a not-for-profit organization located in southern Alberta that maintains and improves the Oldman watershed by improving and sharing knowledge, building and strengthening stakeholder partnerships, promoting community action and stewardship, and developing and implementing integrated land and water plans.

 

ALBERTA MUNICIPAL AFFAIRS TOOLKIT

MUNICIPAL SERVICES (WATER & SEWER)

The Town of Claresholm provides its own Municipal Services through the Public Works Department.

Mike Schuweiler, Public Works Superintendent (403) 625-3964

FRANCHISE UTILITIES

Electricity:

Fortis Alberta (403) 310-WIRE (310-9473)

1-855-333-9473 (toll free)

Communication:

Telus (403) 310-2255

Natural Gas (Infrastructure):

ATCO Gas (403) 245-7888

(403) 310-5678 (toll free)

Alberta-1-Call 1-800-242-3447

Cable (Infrastructure):

Shaw (403) 380-7361

 

FEES, FORMS, MAPS

Policy 85

Subdivision Approval Process guide

Application for Subdivision

Application Requirement List of Condominium Certificate

Application for a Condominium Certificate

Servicing Standards for Municipal Improvements

Land Use Amendment Application

 

FAQ & OTHER TOWN PLANNING LINKS

Q: What is the Oldman River Regional Services Commission (ORRSC)?

A: The Oldman River Regional Services Commission (ORRSC) is a cooperative effort of 38 municipalities in southwestern Alberta who have created an organization that provides planning services and advice to its members. ORRSC is responsible for processing subdivision applications on behalf of its member municipalities and providing recommendations to them. However, the final decision lies with the local municipal Subdivision Authority.

Q: I’m interested in applying for subdivision. What is the first step that I should take?

A: Prior to submitting the application for subdivision, it is essential that you contact a Planner at the ORRSC to discuss site suitability and conformity with local and provincial planning regulations. The ORRSC can also assist you in determining whether additional processes and professional services will be required and what additional costs you may incur. It is recommended that you schedule an appointment with a Planner in advance.

Q: What is required to be submitted to the ORRSC in order to begin processing an application to subdivide a parcel of land?

A: When applying to subdivide a parcel of land you will need to submit:

  1. A completed application form that has been signed where indicated by the registered owner and/or the person acting on behalf of the registered owner. This may be obtained from your municipal office, the ORRSC office, or online at www.orrsc.com/subdivision/subdivision-application
  2. The applicable, non-refundable subdivision fees;
  3. A detailed diagram (drawn to scale) showing the location, dimensions and boundaries of all lots contained within the current Certificate of Title(s) and the lot(s) proposed to be subdivided therefrom.
  4. An Alberta Land Surveyor’s (A.L.S.) sketch of any existing buildings or structures. Any buildings or structures that are to be demolished or moved must be specified;
  5. A copy of a recent Certificate of Title (within 30 days); this may be obtained for a fee from a License and Registry Service office or online at www.alta.registries.gov.ab.ca/spinnii;
  6. Any other material that your Planner may have specified.

Failure to submit all of the above will result in your application being deemed incomplete and the process will be delayed.

Q: What are the fees associated with a subdivision?

A: The fees associated with a subdivision are:

  1. The subdivision application fees which are due and payable to the ORRSC when the application is submitted;

a) Application fee $500.00
b) Fee per lot created $300.00

2. The per lot Endorsement fee which is due and payable at the time of endorsement;

a) Per lot Endorsement fee $150.00

3. Additional costs may be incurred from review agencies and/or professional services for:

a) Surveying
b) Area Structure Plan preparation
c) Irrigation District fees
d) Municipal Reserve payment
e) Installation of municipal services
f) Engineering reports
g) Legal fees

Q: What is the subdivision approval process?

A: Once the application is deemed complete, the Planner will evaluate the application and prepare a preliminary report. The application is then subject to a 19 day referral period where it is circulated to legislated agencies, utilities, and adjacent property owners. The Planner then reviews the responses, evaluates the planning issues, and prepares a recommendation for the municipality’s Subdivision Authority; these, in addition to any other relevant legislation, documentation or reports are presented for the Subdivision Authority’s consideration. The subdivision will then be either approved or refused; the ORRSC will give the applicant and various referral agencies written notification of the decision. The application will then be subject to a 14 day appeal period.

Q: How long will the subdivision process take?

A: Upon receipt of a completed subdivision application, the Subdivision Authority has 60 days to make a decision. If the subdivision is approved, the applicant has 1 year to meet all their conditions and submit the final documents and plans for endorsement by ORRSC. After endorsement, the subdivision must be registered with the Land Titles Office within 1 year; the subdivision may not be registered until the 14 day appeal period has elapsed.

Q: Once I have received approval, what steps must be taken in order to finalize the subdivision?

A: Once the appeal period has elapsed, you must:

  1. Contact an Alberta Land Surveyor to prepare your final plan of survey. To register your subdivision plan, the surveyor will require Consent Forms from all the titled landowners as well as anyone with a registered interest on the title.
  2. Fulfill the conditions of your subdivision approval. Once all the conditions of subdivision have been met, you must provide the ORRSC with written verification. You will find the conditions of your subdivision attached to the approval letter with the heading, “Resolution”.
  3. In order for your surveyor to register your subdivision at the Land Titles Office, they must receive an “Endorsement” document from the ORRSC. The ORRSC will provide this document upon receipt of the following:

a) Written confirmation that all the conditions of your subdivision approval have been met;
b) Payment of the per lot Endorsement fee;
c) Receipt of your surveyor’s package (plan of survey, signed consents, etc.);
d) Any other supporting information required by the Subdivision Authority.

After Endorsement, the documents will be returned to your surveyor who will register them with the Land Titles Office. Land Titles will then issue new titles for the newly created lot(s). Once you have received your new titles, the subdivision process can be considered complete.

Q: What is the purpose of an ASP?

A: An Area Structure Plan:

  • Provides information to a potential developer regarding the amount and type of development that may be considered appropriate within the plan;
  • Provides landowners within the plan area with information on the amount and type of development that may be permitted within a plan area;
  • Provides guidance for Council when making decisions on development proposals for specific parcels of land.

Q: Why do we need an Intermunicipal Development Plan?

A: An Intermunicipal Development Plan is needed to further integrate intermunicipal planning between both parties and to ensure both municipalities are able to assure the other an efficient and compatible pattern of growth as defined by, and supported by Council; as well as to provide:

  • for the future land use within the area;
  • for the manner of and the proposals for future development in the area;
  • for any matter relating to the physical, social or economic development of the area that the Councils consider necessary;
  • coordination among adjacent municipalities in dealing with planning, development, servicing and transportation matters in order to ensure that land use compatibility and long term planning objectives are protected;
  • a procedure to be used to resolve, or attempt to resolve, any conflict between the municipalities that have adopted the plan;
  • a procedure to be used by one or more municipalities to amend or repeal the plan;
  • procedures for administration of the plan;
  • an establishment of the intermunicipal planning process as the preferred means to address planning issues;
  • a way to examine and evaluate the options that may exist for regional servicing opportunities.

For more information, please contact the Regulatory & Property Services Department at (403) 625-3381. Please forward any questions regarding development issues not answered within to our Regulatory & Property Services Department.