When a landowner or developer undertakes the development of an area of land in the MD, there are certain responsibilities that are implied.
According to the MD of Foothills Land Use Bylaw:
The approval of a development permit pursuant to this Bylaw is not to be construed as any representation or warranty by the Municipality or any of its agents, officers or employees, that the proposed development may safely be constructed or carried on, or that the land upon which the development is intended to be carried on is suited for that purpose. The holder of the development permit is at all times responsible to ensure the safety, viability and practicality of the proposed development and shall ensure that the same complies with all applicable Statutes, Bylaws and Regulations.
More specifically, it is the responsibility of the developer to:
- be aware of the current zoning of the property in question this can be determined by checking the Land Use Maps on the MD website. (LINK to land use maps)
- be aware of the permitted and discretionary uses for the property in question, this can be determined by looking up the appropriate land use in the MD of Foothills Land Use Bylaw.
- be aware of any caveats, covenants, easements or right of ways that exist on title of the land.
- be aware of municipal plans, policies and regulations that may apply to the proposed development, this can be determined by consulting with MD planning staff
- submit a complete application with accurate information
- ensure that the appropriate application fees are included with the application
- supply the required engineering reports or other studies
- present and supply all the necessary information/documentation and analysis regarding the impacts associated with the proposed development
- satisfy all statutory requirements governing such works and obtaining approvals for compliance with those requirements from the authorities having jurisdiction. Where conflicts or inconsistencies with the development standards and guidelines arise due to compliance with or amendment of statutory requirements, the Developer shall be responsible for satisfying the more stringent requirement.
- demonstrate that the site is suitable for the proposed development
Please note that obtaining a development permit does not relieve the permit holder from complying with:
- the requirements of the Alberta Safety Codes Act and the associated Regulations;
- the requirements of any other applicable federal, provincial or municipal legislation; and
- the conditions of any caveat, covenant, easement or other instrument affecting the property.