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 A Guide to the Approval Process for Plans of Subdivision
 

NOTE: This guide has been prepared for information purposes only; a complete procedural manual is available for inspection at the County Planning Department. Please refer to the Planning Act of Ontario for the complete legislative requirements for plans of subdivision.

Approval Authority
The Corporation of the United Counties of Leeds & Grenville is the approval authority for plans of subdivision in the municipalities that make up the United Counties. This authority was assigned to the United Counties of Leeds and Grenville in September 1998 by the Province of Ontario.

What is a plan of subdivision?
A registered plan of subdivision is a legal document that shows, [1] the exact surveyed boundaries and dimensions of lots on which houses or buildings are to be built; [2] the location, width and names of streets; and [3] the sites of any schools or parks. A registered plan of subdivision creates new, separate parcels of land and it can be used legally for the sale of lots.

Who makes the decision?
The Public Works Committee or the County Planner makes the decision on whether to approve or refuse an application, and on what conditions to attach to any draft approval. The Committee reviews any disputed application and renders the decision. Where an application is not disputed, the authority to approve an application is delegated to the County Planner.

Consultation
The Planning Act sets out a number of public bodies, e.g., the local municipality, pipeline companies, the school boards, etc., that are to be consulted regarding a proposed plan of subdivision. Also, a public meeting to receive comments on a proposed plan of subdivision must be held, normally in the affected local municipality.

Evaluation
The Counties evaluates the merits of the proposed plan of subdivision against criteria such as,

  • whether the subdivision is premature;
  • conformity with the official plan, if any;
  • compliance with the zoning by-law, if any;
  • compatibility with adjacent uses of land;
  • suitability of the land for the proposed purpose including size and shape of lots;
  • adequacy of access and sewer and water services;
  • protection from flooding and conservation of natural resources;
  • regard to the Provincial Policy Statement.

Draft Approval
The Counties considers the application, the comments received and the results of its evaluation. If an application is draft approved there will be conditions to be met in order to obtain final approval. The conditions may include but are not limited to a parkland dedication, a re-zoning, and a subdivision agreement between the proponent and the local municipality. When a notice of decision is given, a 20-day appeal period follows.
Draft approval amounts to approval in principle of the subdivision, subject to the proponent meeting all conditions of draft approval.

Appeals
Proponents or interested parties can make appeals regarding a proposed plan of subdivision to the Ontario Municipal Board (OMB) in the following ways:

  • Any person or public body may appeal a decision of the United Counties, the conditions of draft approval and/or the lapsing provision within 20 days of the giving of the notice of decision.
  • The applicant or any public body may appeal conditions of draft approval at any time before final approval of a plan of subdivision.
  • The applicant may appeal if no decision is made within 90 days from the receipt by the United Counties of an application containing the prescribed information.
  • Any person or public body may appeal any changed conditions imposed by the United Counties within 20 days after the giving of the notice of changed conditions.
  • Appeals must be filed with the United Counties of Leeds and Grenville and must include the fee (currently $150.00) required by the Ontario Municipal Board.

When to Register the Plan?
Final approval is given when all conditions of draft approval have been met. The plan may then be registered in the Registry Office in Brockville. Considerable time may pass between draft approval and registration of a plan. However, the Counties has the power to provide that draft approval will lapse after three years, and the power to give extensions to draft approval.

When to sell lots?
Lots may be sold after the plan of subdivision is registered. Note that the Planning Act does allow lots to be offered for sale after draft approval.

Timing for Services
The subdivision agreement between the applicant/owner and the local municipality will establish the municipality’s requirements for when the various services are to be provided.

Steps
The following is an outline of the basic steps in the United Counties of Leeds and Grenville subdivision approval process:

  1. Pre-consultation with the local municipality, the County Planner, other agencies that may have an interest such as the Ministry of Transportation or County Roads Dept.
  2. Make application for amendment to the official plan if the local municipality and the County Planner have determined that the proposal would not conform to the existing policies of the official plan.
  3. Prepare a “complete” application, including prescribed and required information as set out on the Counties’s application form. Note that for development which is not on full services, a servicing options report and a hydro-geological and groundwater assessment report must be included with the application. The need and timing for other reports such as a noise study, archaeological study, storm water management study, may be determined through pre-consultation at step i., or after the submission of a complete application
  4. Contract an Ontario Land Surveyor to survey and certify the boundaries of the land proposed to be subdivided.
  5. Commence the process for certification of title.
  6. Prepare, or contract to have prepared, a draft plan of the proposed subdivision showing all information required under Section 51(17) of the Planning Act. Consultation with the clerk and planner for the municipality is recommended regarding lot and street configurations and proposed street names.
  7. Submit the required number of copies of the complete application, draft plan and reports together with the application fee to the County Planner for the United Counties. Note that where technical reports are required, there will be a fee for the services of the County’s peer review consultant to analyse the submitted report(s).
  8. Observe further instructions provided by the United Counties during the review and processing of the application, including following up on the conditions of draft approval if given.