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DISTRICT OF CHETWYND
SUBDIVISION PROCEDURES BYLAW NO. 927, 2010
Being a Bylaw to establish Procedures in Relation to the Subdivision of Land
WHEREAS, the Council of the District of Chetwynd has established, by By-law, standards for the
subdivision of land within the municipality;
AND WHEREAS, Council wishes to modernize the application process related to the subdivision
of land within the municipality;
NOW THEREFORE, the Council of the District of Chetwynd, in open meeting lawfully
assembled, hereby enacts as follows;
1.
This Bylaw may be cited for all purposes as "District of Chetwynd Subdivision Procedures
Bylaw No. 927, 2010.
2.
Appendix "A" - Subdivision Procedures Guide, forms an integral part of this Bylaw.
3.
Procedures are hereby established for the subdivision of land and premises within the
District of Chetwynd as set out in Sections "1" through "2" as attached hereto and
forming part of this By-law;
Section "1"
Introduction
Section"2"
Subdivision Development
4.
Schedules "1" and "2" form an integral part of this Bylaw;
Section "1"
Application for Subdivision
Section "2"
Subdivision Approval Checklist
5.
If any section, paragraph or phrase in this Bylaw is for any reason held to be invalid by a
decision of a Court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of the Bylaw.
READ A FIRST TIME this
12th day of
July,
2010
READ A SECOND TIME this
12th day of
July,
2010
READ A THIRD TIME this
12th day of
July,
2010
RECONSIDERED AND ADOPTED this
16th day of August, 2010
Mayor
Director of Corporate Administration
District of Chetwynd
Subdivision Procedures Guide
Appendix "A"
Fees (see Approving Officer)
SUBDIVISION PROCEDURES
INTRODUCTION
SECTION "1"
Processing development related applications can be complicated and time
consuming if the proper procedures are not followed. This guide clarifies
and simplifies these procedures by providing a step by step description of
the necessary tasks for each application. A clearer understanding of these
tasks also ensures provincial and local regulations are met.
The tasks required to process each of these applications are numbered and
contained in separate sections of this document. This format makes it easier
to follow the tasks and allows the sections to be removed and reproduced if
necessary.
Included within each section of the guide is:
A flow chart which outlines the steps in the application process;
A section of text which explains the steps outlined in the flow chart.
Application forms and pro forma permits are included in the attached
schedules section.
It is important to note that each application is described in its most basic
form. Additional tasks may be required.
SUBDIVISION DEVELOPMENT
SECTION "2"
Scope:
District approval for the subdivision of land and/or premises is
required prior to the registration of any subdivision plan within
the District of Chetwynd.
Subdivision plans must be completed through an authorized
British Columbia Land Surveyor (BCLS).
The applicant should check with the District's Approving Officer
prior to engaging the services of a BCLS to ensure that the
proposed subdivision is compatible with local land use bylaws
(Official Community Plan and Zoning Bylaw).
Fee structures and standards for subdivision servicing are set out
in the District of Chetwynd's Subdivision Development and
Servicing Bylaw.
FLOWCHART
Procedures for Subdivision Development Applications
Applicant reviews conceptual subdivision plan with Approving Officer and
outlines plans for subdivision servicing
Approving Officer reviews proposed subdivision plan to determine
compliance with local bylaws, regulations and policies
Approving Officer advises applicant to proceed with subdivision application
and provides information package
Applicant proceeds with legal survey of subdivision
Applicant proceeds with detailed engineering review for proposed subdivision
Applicant submits formal subdivision application, fees and required
supporting information including subdivision servicing information
Approving Officer reviews plans and recommends any changes or additional
information required
Once applicant supplies all information requested, plan receives preliminary
approval
Applicant enters into a Development Servicing Agreement with the
municipality and submits engineering fees, bonding and applicable
development cost charges
Approving Officer approves final plans and provides applicant with signed
copies of plan, Development Agreement and instructions to proceed with
subdivision
Applicant submits plans for registration with Land Title Office
Applicant submits 'as built' drawings to Approving Officer
SUBDIVISION APPROVAL PROCEDURES
The general process for approving a subdivision of land under the Land Title
Act or a strata subdivision under the Condominium Act:
1. Applicant Submits Application to Approving Officer
Applicant submits conceptual subdivision plan to District's Approving
Officer for initial review.
Approving Officer reviews proposed subdivision plan to determine
compliance with local bylaws, regulations and policies. If proposed
subdivision plan does not comply with District bylaws, regulations or
policies, applicant will be advised to remedy noncompliance prior to
proceeding with subdivision (e.g. subdivision does not comply with zoning
and rezoning is required).
If application to subdivide complies with local bylaws, regulations and
policies, applicant is advised to proceed with formal application and is
provided with a subdivision information package.
2. Applicant Proceeds with Legal Survey and Engineering Work
The applicant will proceed with obtaining a legal survey for the proposed
subdivision and initial engineering design work. Engineering design work
to address the following:
Suitability of land for development,
Lay out of road systems,
Lay out of water systems, including fire protection,
Lay out of sewer systems,
Identification of any offsite works required to support project,
Identification of parkland dedication (or cash-in-lieu alternative),
Street lighting and utility infrastructure planning design,
Identify all bodies of water and drainage courses,
Any additional information required.
The subdivision plan should identify:
All parties with a registered interest in the land/premises,
Dimensions and areas of all proposed lots or parcels to be created,
All proposed and existing roads and their widths,
Parkland dedications (dimensions and area),
Right-of-ways and/or easements, as applicable,
Surround properties,
Any other additional information required.
3. Applicant Submits Formal Application
Applicant submits formal applications, servicing plans and fees (as set out
in District's Subdivision Servicing Bylaw) to Approving Officer. Applicant
also submits current Certificate of Title.
4. Approving
Officer
Reviews
Subdivision
Plan
and
Grants
Preliminary Approval
The Approving Officer will review subdivision plan and outline any
additional information or servicing requirements. Once additional
information or servicing requirements are provided or included in the
subdivision plan, a preliminary approval will be granted.
5. Applicant Submits Final Plans and Drawings and Provides Bonding
Assurance
The applicant will be required to submit final engineering plans and cost
estimates for all infrastructure works. The value of these works will be
used in determining required engineering fees and security amounts.
The applicant may be required to enter into a Development Servicing
Agreement with the District outlining works to be completed and
performance requirements.
Applicant also pays Development Cost Charges, if applicable.
6. Approving Officer Approves Plans
Once all required plans, fees, engineering drawings, development
agreements and supporting information is received to the satisfaction of
the Approving Officer, the Approving Officer will sign all subdivision plans.
7. Applicant Submits Plans for Registration
On receipt of approved subdivision plans, the applicant will undertake to
have subject plans registered with the Registrar of Titles at the
appropriate Land Title Office.
8. Submission of As Built Drawings
For any works completed on public lands, the applicant will submit final
'as built' drawings to the municipality.
Schedule "1"
District of Chetwynd
Application for Subdivision of Land/Premises
I/we
of
Name(s) of Owner(s)/Authorized Agent
Address
Telephone
Fax
Email
herewith make application to subdivide land and/or premises, in
accordance with District of Chetwynd Bylaws (included but not limited to:
Zoning, Official Community Plan, Subdivision Development and Servicing,
and Development Cost Charge) in relation to:
Description of Land/Premises to be Subdivided
for:
purposes.
Description of Intended Uses
Folio #:
As owner/agent, I herewith agree to:
Follow the instructions set out in the District's Subdivision Bylaws
and Regulations,
Pay Application fees,
Pay Engineering fees,
Pay Development Cost Charges, if applicable,
Have subdivision plans signed by all parties with an interest in the
land/premises,
Complete subdivision development and servicing in accordance with
District of Chetwynd Subdivision Development and Servicing Bylaw
requirements,
Ensure property taxes are current and paid,
Register the subdivision plans, and
Provided the District with 'as built' drawings for all works on public
lands.
Initial
I have enclosed with this application: (please initial)
State of Title Certificate
Subdivision Plans
Preliminary Servicing Plans
Application Fees
Further:
I have reviewed the Subdivision Information Package
provided to me and submit my completed Application Form.
I agree to pay Engineering Fees and Development Cost
Charges when requested to do so.
I agree to enter into a Subdivision Servicing Agreement if
required to do so.
I agree to construct my subdivision project in accordance
with all of the terms and conditions of District of Chetwynd
Bylaws and Regulations.
Date of Application
Signature of Owner/Agent
(Include letter from property owner appointing Agent, if applicable).
Schedule "2"
District of Chetwynd
Subdivision Approval Checklist
Date application received:
File No.:
Legal Description:
Parcel Identifier:
Civic Address:
Name, Address, Telephone No. of Applicant/Agent:
If Agent, is letter appointing Agent on file:
Yes
No
Name of Owner(s):
same as applicant, or
Current Land Use Zone(s):
Brief summary of proposal: (i.e. number of parcels to be created, average area, residential,
commercial, etc.)
1. Has applicant provided the following information (where applicable):
(a) Sufficient copies of an accurate plan showing:
dimensions and areas of all proposed lots
all proposed and existing roads, and their widths
all proposed and existing works and services
all bodies of water and drainage courses
topographic information (i.e. elevation changes)
surrounding properties, with their land use(s)
location of buildings or structures on the property
(especially if they are close to any property lines)
development phasing
(b) A current copy of the State of Title Certificate
Yes
No
If yes, are there any rights of way, easements, or other
charges about which more information is needed (i.e. copies of
documents)
Yes
No
2. Is the proposed development:
(a) Permitted under the Zoning Bylaw?
Yes
No
(b) Permitted under Section 946 of the Local Government
Act?
Yes
No
(c) A valid land use contract?
Yes
No
Is there a concurrent application to amend the Zoning Bylaw?
Yes
No
If yes, has applicant agreed to a waiver of Section 943 of the Local
Government Act?
Yes
No
Is a Development Variance Permit being requested?
Yes
No
If yes, what is the nature of the variance requested?
Yes
No
3. Is the property designated in the Official Community Plan as a
Development Permit area?
Yes
No
If yes, has an application been submitted for a Development Permit?
Yes
No
4. Is the property in an Agricultural Land Reserve?
Yes
No
If yes, is proposal required to be approved by the Provincial
Agricultural Land Commission?
Yes
No
5. Site Conditions:
Brief description of terrain:
If steep slopes, need for a geotechnical assessment?
Yes
No
Environmental impact and future adverse affects?
Is the property subject to flooding?
Yes
No
If yes, this proposal was referred to BC Environment for comment on
.
(date)
Were the lands once used for industrial or commercial activity?
Yes
No
If yes, request a site profile from the applicant in accordance with
Section 20.11 (1)(a) of the Waste Management Act.
Does the site profile indicate that a site investigation may be
required?
Yes
No
If yes, copy forwarded to the Regional Waste Manager on
.
(date)
Other site considerations:
Adequate drainage?
Yes
No
6. Roads/Access:
Adequate width, proper location?
Yes
No
Access proposed by easement?
Yes
No
Access to lands beyond?
Yes
No
Will any proposed roads cross over utilities or a railway?
Yes
No
Access to water?
Yes
No
Requirement for new road names?
Yes
No
Requirement by Council/Board for development of adjacent
highway under Section 939 of the Local Government Act?
Yes
No
Is the property adjacent to a controlled access highway?
Yes
No
If yes, the proposal was submitted to the Provincial Approving
Officer for review and comment on
.
(date)
7. Parcel Shape:
Do all lots have adequate frontage?
Yes
No
Is there a requirement for a waiver of the minimum frontage
(Section 944 of the Local Government Act)?
Yes
No
Are the lots suitable for their intended use?
Yes
No
8. Park Land Dedication:
If required, has proposed dedication been accepted by the
Council?
Yes
No
Need for a Park Land Dedication Agreement?
Yes
No
Need for appraisal for cash-in-lieu?
Yes
No
9. Servicing:
Water Supply:
On-Site Proof of potable water?
Yes
No
Connection to community system (Note: requirement for a
Waterworks Construction Permit from the Regional Public
Health Engineer)
Yes
No
Sewage Collection, Treatment and Disposal:
On-Site Did applicant show location of "perc" test
hole(s)?
Yes
No
Has application been submitted to the
Environmental Health Officer?
Yes
No
Connection to community system?
Storm water drainage system:
Excess or Extended Services:
Excessive cost to provide public services?
Yes
No
Requirement for Latecomer Agreement?
Yes
No
Does proposal comply with the Subdivision Servicing Bylaw?
Yes
No
If no, is the applicant intending to apply for a Development Variance
Permit?
Yes
No
Completion of works prior to subdivision approval?
Yes
No
If yes, construction completion certificates received on:
.
(date)
If no, prepare a Subdivision Servicing Agreement.
Amount and form of security?
If security is a Letter of Credit, date when it will expire:
.
Is a Subdivision Servicing Development Agreement required?
Yes
No
10. Input from Other Agencies:
Ministry of Transportation & Infrastructure
(date)
Ministry of Health Services
(date)
Ministry of Forests & Range
(date)
Ministry of Environment
(date)
Agricultural Land Commission
(date)
Peace River Regional District
(date)
Other:
(date)
Referral to Non-Municipal Utility Companies:
Power Utility
(date)
Communications
(date)
Natural Gas
(date)
Need to refer to School District to determine impact on student
enrollment or school bus routes?
Yes
No
Referral to Fire Department for comment on fire hydrants and access
to properties for fire fighting?
(date)
Yes
No
Referral required to the Heritage Conservation Branch?
Yes
No
11. Public Interest:
Yes
No
Need for public input?
12. Determination of required Development Cost Charges:
Sewer System
$
Water Supply & Distribution
$
Highway Facilities
$
Parks
$
Have Development Cost Charges been submitted?
Yes
No
13. Need for rights of way, restrictive covenants and easements?
Yes
No
14. Is applicant considering the registration of a building scheme?
Yes
No
15. All property taxes paid?
Yes
No
16. Have plans been referred to District Engineers?
(date)
Yes
No
17. Have Subdivision Fees been submitted?
$
(calculate amount)
Yes
No
18. Have Subdivision Inspection and Connection Fees been submitted?
$
(calculate amount)
Yes
No
19. Have Engineering Review Fees been paid (5% of project estimate
plus GST)?
$
(calculate amount)
Yes
No
20. Has a bond to cover 110% of the servicing work been provided?
Yes
No
Details:
District of Chetwynd
Subdivision Referral Checklist
Prefix:
As the subdivision of land within the District of Chetwynd may
impact agencies other than the municipality, upon the receipt of
a plan for the subdivision of land, it may be necessary or
expedient to refer such plan to other provincial, federal or local
government agencies for review and comment. Those agencies
include the following:
Ministry of Transportation & Infrastructure
Highway access and related issues
Ministry of Forests and Range
Wildland Fire or related issues
Ministry of Health Services
Water & sewer servicing and related issues
Ministry of Environment
Flood Control, Streamside Protection, Environmental or
related issues
Agricultural Land Commission
Agricultural Land Reserve issues
Department of Fisheries and Oceans
Fish/Watershed Protection and related issues
Peace River Regional District
Regional Land Use Planning issues
Other: