Planning Act come into play.
If your proposal involves creating only a lot or two, you may seek approval for a "land severance". The other means of subdividing land is to obtain approval of a plan of subdivision from the approval authority. Subdivision approval ensures that: the land is suitable for its proposed new use the proposal conforms to the official plan and zoning in your community, as well as to provincial legislation and policies you, your neighbours and your community are protected from developments which are inappropriate or may put an undue strain on community facilities, services or finances Problems can result when large tracts of land are split into building lots without the benefit of a formal approval process.
People have found out, usually too late, that the lots they have purchased are not on a registered plan. It may be that the water supply is unusable or the access road is not plowed or maintained.
Other purchasers have found out that the ownership or title to their property is doubtful, making it difficult to sell. Approval authority for plans of subdivision The councils of some upper-tier, lower-tier and single-tier municipalities are the approval authorities for draft plans of subdivision. Upper-tier municipalities may further delegate the authority to approve plans of subdivision to their lower-tier municipalities.
Municipalities may also delegate the authority to committees of council or appointed officers. In all other areas, the Minister of Municipal Affairs and Housing is the approval authority but may delegate the authority to approve plans of subdivision to municipalities or planning boards in Northern Ontario.
To determine who approves plans of subdivision in your area, contact your municipal or planning board office.
A registered plan of subdivision A registered plan of subdivision is a legal document that shows: the exact surveyed boundaries and dimensions of lots on which houses or buildings are to be built the location, width and names of streets the sites of any schools or parks The plan does not show specific building locations; the rules for locating buildings are set out in the zoning bylaw and shown on plans as part of site plan approval.
It should not be confused with "compiled plans" or "reference plans" which are used simply to describe parcels of land. The process for subdividing If you are thinking about subdividing your property, discuss your proposal first with municipal, planning board or Municipal Services Officestaff.
Subdivision applications are made to the approval authority.
This could be the Minister of Municipal Affairs and Housing, a municipality, or a planning board. You may be charged a fee for processing the application. To find out what the processing fee is in your area, contact the appropriate approval authority.
Ministry, municipal or planning board staff will tell you about the approval authority in your area. As an applicant, you are required to fill out a subdivision application form provided by the approval authority.
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The more information provided, the less likely delays will occur in the review. The approval authority may refuse to accept an incomplete application.
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You are encouraged to contact the appropriate approval authority the option is subdivided by timing you need help in assessing what information is required. The approval authority, or in some cases the municipality in which the proposal is located, must give notice of the application and may also be required to hold a public meeting before a decision is made.
Anyone present at the meeting has a right to speak about the proposal. The approval authority may consult with agencies, boards, authorities or commissions before making a decision.
Subdivision Municipal Development Plan determines subdivision policy When a person wants to subdivide out a parcel from a quarter section of land, adjust the boundary between two existing parcels, or develop a multi-lot subdivision, the Municipal Government Act and the Land Titles Act require that they obtain the approval of the County.
This means that a council must ensure that provincial policies and plans are applied as an essential part of the land use planning decision-making process. The PPS contains policy directions on matters of provincial interest related to land use planning and development. It is expected that the approval authority will implement the PPS in the context of other planning objectives and local circumstances. Provincial plans contain specific land use planning policies that address issues facing specific geographic areas in Ontario e.
Draft approval Having considered your application, the approval authority may either "draft approve" or refuse your subdivision proposal. If your application is draft approved, you will be advised of the conditions that need to be met to obtain final approval and registration.
Conditions of draft approval may include: road widenings, the naming of streets, parkland requirements, rezoning of the area to reflect the new uses in the subdivision, and other requirements.
The draft approval may also establish a time frame within which the the option is subdivided by timing must be satisfied or the draft approval lapses. In most cases, the developer may be required to sign a subdivision agreement with the municipality or planning board to ensure that certain services such as sidewalks and roads are provided after the plan has been registered.
Draft approval amounts to a commitment to go ahead with the subdivision, if all the conditions of draft approval have been met prior to the lapsing date. Lots may be offered for sale after draft approval, but can be sold only after the plan of subdivision has been registered.
Step 1. Submit application to municipality
Failure to make a submission means that you do not qualify to appeal the draft subdivision plan approval. In addition, you should also make a written request if you want to be notified of any change to the conditions attached to a draft approval and to protect your appeal rights.
If you have any concerns, you should make sure trading robots on exchanges you let the approval authority know about them early in the process. The approval authority will then have time to think about what you said and may make changes before the draft plan of subdivision is the option is subdivided by timing. Appeals must be filed with the approval authority, accompanied by reasons for certain appeals, and the fee required by the LPAT.
Contact the approval authority for more information. The LPAT is an independent administrative tribunal responsible for hearing appeals and deciding on a variety of contentious municipal matters.
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When a decision is appealed, the LPAT may hold a hearing where you will have the chance to present your case. The LPAT can make any decision that the approval authority could have made on the application.
The LPAT also has the power to dismiss an appeal without holding a hearing. It can take time, effort and in some cases, money, for everyone involved.
The LPAT must have regard to the local decision and make its decision based on the facts presented. The decision should generally be limited to the information and material that were before the approval authority whose decision is appealed.
New information and material can be introduced at a hearing.
An appeal can also be dismissed by the LPAT if the application before it is substantially different from that which was before a council at the time of its decision. Registering a subdivision When all conditions of the draft approval have been met, final approval is given and the plan of subdivision may be registered.
The developer may then go ahead with the sale of lots in the subdivision. Considerable time may pass between draft approval and actual registration of the plan.
Step 2. Review, assessment, and circulation by municipal authority
However, the approval authority has the power to provide that draft approval will lapse after three years. It also has the power to give a further extension of draft approval. Required services Although many services for new subdivisions are not provided until well after registration, most municipalities insist that they be in place before occupants move into their new home.
The applicant may be required to sign a detailed subdivision agreement, which is sometimes registered on the title of the property and legally binds future owners to its conditions. Condominiums as a form of subdivision Condominiums are a form of property ownership in which title to a unit, such as an individual apartment in a high-rise building, is held by an individual together with a share of the rest of the property, which is common to all of the owners.
Condominiums can involve a brand new development, or an existing rental project which is converted to condominium ownership.
They can apply to any type of residential building as well as commercial and industrial areas. A condominium plan the option is subdivided by timing like a plan of subdivision in that it is a way of dividing property. Similarly, plans of condominium must be approved, or in some cases granted an exemption from approval, by an approval authority.
Generally, applications for approval of condominium descriptions are not subject to the requirements of giving notice of application and holding a public meeting. However, vacant land condominiums are subject to these requirements.