Upon receiving an application under section 94, the board, council or planning commission must, (a) hold a public hearing to receive representations from any person on the application; and. In accordance with the regulations, if a development in a special planning area that is authorized by the permit or approval has not begun before a regulation is made under this Division prohibiting the issuance of the permit or approval, the minister may, (a) cancel the permit or approval, if the permit or approval was issued by the minister; or. If money is required to be paid in place of dedicating lands, the council must specify that such a payment is required in a resolution under section 125. A planning scheme adopted by a council is in effect only until the council adopts a zoning by-law under this Act. The City of Winnipeg may enter into a regional strategy with other planning districts and municipalities. If, after the public hearing, the board or council proposes to alter the by-law, a second public hearing must be held in accordance with subsection (1) to receive representations on the alterations to the by-law. (b) the minister must appoint the first directors of the new district in accordance with section 20. S.M. The board or council may issue the development permit if it is satisfied that the proposed development generally conforms with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law. "advertise" means to advertise by any means and includes making oral representations. "applicant" means a person who applies for subdivision approval under section 124. After a planning district is dissolved or a municipality withdraws from a planning district, the development plan by-law of the district, (a) continues to apply, with necessary changes, to the remaining municipalities in the district; and. (c) state the deadline for filing the notice of appeal, which must be at least 14 days after the decision was made. 2018, c. 14, s. 5. At least 14 days before the date of hearing, the board, council or planning commission must, (iii) all adjacent planning districts and municipalities, and. Money referred to in subsection (1) and interest earned on the money may be used only for capital expenditures. This Act, except section 217, comes into force on January 1, 2006. Except as otherwise provided in this Act, The Corporations Act does not apply to a planning district. The designated employee or officer must send a copy of the order to the applicant, along with written notice of the applicant's right to appeal the order under subsection (6). A development plan by-law and a zoning by-law for a community must be adopted by the minister, unless the minister has delegated that authority to the community council for the community in a regulation made under subsection 156(1). (i) the zoning by-laws of its member municipalities, or the district's own zoning by-law if it has adopted a district-wide zoning by-law under section 69. 137 / 2006 DEMANDE DE LOTISSEMENTS MINEURS Lotissements mineurs 9 Les articles 6 et 7 ne s ' appliquent pas aux demandes de lotissement mineur que l ' autorité compétente traite en vertu du paragraphe … (ii) the board or council that referred the objection, (iii) every person who made a representation at the hearing held under subsection 74(1), and, Subject to subsection (10), within 30 days after holding the hearing, the Municipal Board or the board of the planning district must make an order, (a) confirming or refusing to confirm any part of the by-law that was the subject of the objection; or. An interest in land is not created or conveyed by an unregistered instrument that purports to subdivide land or to have the effect of subdividing land contrary to this Part. (a) refer the application to government departments and other entities for comment; (c) send the planning report along with a copy of the application to the council of the municipality in which the affected land is located. Authority is to act in accordance with regulations. (iv) respecting the process for referring applications to government departments and agencies and other affected persons, which may be different for applications for minor subdivisions; (v) respecting minor subdivisions which may be dealt with under subsection 124(3); (b) respecting subdivision standards and requirements; (c) respecting criteria the approving authority must use when considering a subdivision application; (d) prescribing provisions of the regulations that a municipality or planning district may, by by-law, replace, waive or vary where their application would be unreasonable or impractical; (e) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part. REGULATING LAND USE IN SPECIAL PLANNING AREAS, (a) may, by a regulation made under clause (5)(a), adopt the development plan by-law, zoning by-law and all other by-laws respecting land use in a special planning area; and. The minister may designate a person for the purpose of enforcing, (a) by-laws adopted under this Part respecting a special planning area; and. In the case of a local government district, the director must be the resident administrator of the district, or a person appointed in writing by the resident administrator. and the instrument or plan is accompanied, at registration, by a statutory declaration of an officer of the municipality that the land was acquired for one of those purposes; (e) the land was part of a government road allowance, public road or public reserve that has been closed by by-law and is being consolidated with adjacent existing titles; (f) the land is part of a railroad right-of-way and is being consolidated with adjacent existing titles. (d) to perform any other duties assigned to it by the minister. The board of a planning district must prepare a development plan for the entire district. To set up an ... included in the subdivision from Manitoba Land Titles. Notice of variance involving livestock operations, If a hearing is to be held to consider an application, (a) by the owner of property to vary a separation distance between a building on the property and a livestock operation, a copy of the notice of hearing must be sent to the owner of the livestock operation; and. Where there is a conflict between a provision of this Act and a provision of The Watershed Districts Act, the provision of this Act prevails. It deals with the following matters: Definitions, applications, maps, additional information, fees, referring application for comment, required rejection, approval of subdivision by plan, referral for comment not required and repeal. 2011, c. 30, Sch. The drinking water and wastewater management plans must, (a) provide the analysis undertaken to confirm if the existing drinking water and wastewater services have sufficient capacity to accommodate any projected development set out in the development plan; and. A GUIDE TO THE SUBDIVISION PROCESS IN MANITOBA. If the owner and the applicable board or council are unable to reach an agreement on compensation, subsections 88(3) and (4) (arbitration if no agreement) apply, with necessary changes. S.M. When notice of a hearing is required to be given under this Act, it must meet the applicable requirements of this Division. Despite subsection 152(1), the minister appointed by the Lieutenant Governor in Council to administer this Act is the approving authority for any application to subdivide land in Northern Manitoba. For the purpose of subclauses 2(a)(i), (ii), (iii) and (vi), a parcel of land is deemed to include land for a public road, road allowance, drain or right-of-way excepted from the land described in the certificate of title covering the parcel. , ( b ) the minister is deemed to be subdivided must be manitoba subdivision regulation by.. 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