Subdivision of Land
A Subdivision is the legal mechanism used to create new parcels of land. The most common types of subdivisions move an existing property boundary to create one or more new properties; consolidate two or more parcels into one parcel; and to adjust or re-align an existing property line between parcels even though no additional parcel is created. The application fee for a subdivision is $300 plus $100 per new parcel, or $300 plus $25 for each parcel requiring a boundary adjustment. This fee is payable at the time of application. Upon approval of your application, an additional $50 plan examination fee is payable to the Town.
In addition to fees and servicing costs payable to the Town, applicants are responsible for all surveying costs, Land Title Office fees and fees payable to outside utility companies for serving the new subdivision.
The procedures leading to subdivision approval are outlined below:
- Prepare a draft subdivision plan using your existing legal plan as a base. Legal plans are available at the Town office. Make sure the layout complies with the minimum lot area, width, and depth, as well as with setbacks from existing buildings. These values are found in the Zoning Bylaw, copies of which may be obtained either from our online website or the Town Office.
- When you are satisfied with the layout have a legal surveyor prepare a preliminary subdivision plan. The plan should show proposed and existing lot lines, buildings, poles, location of service connections, and all other relevant features.
- Submit your completed application form must be accompanied by the following items:
- a non-refundable application fee (as outlined above)
- three copies of your proposed subdivision plan
- a copy of Certificate of State of Title or of Indefeasible Title for subject property
- After your application is reviewed by the subdivision Approving Officer, you will receive written confirmation of whether your subdivision can be approved, and if so, what conditions must be met prior to approval. Some examples of typical conditions include:
- Payment of development cost charges pursuant to Bylaw 955.
- Receipt of assurances from gas, telephone, power and cable television companies that arrangements for servicing have been made and that any payment due has been received.
- Registration of any rights-of-way or covenants that may be required.
- Dedication of a portion of the property as roadway.
- Letter of undertaking from your solicitor to concurrently register all documents pertinent to your subdivision.
- Payment for servicing each new lot with water and sewer.
- Severing of utility lines crossing proposed subdivision boundaries.
- Payment for construction of all off-site surface works required such as curb, gutter, sidewalk, street lights, fire hydrants, drainage improvements, and road works etc.
- Application to and approval from Council on zoning changes, development permit or variance permit, if required
Note that with smaller subdivisions, servicing work is normally done by the Town and charged to the developer. On larger subdivisions, the developer has the option of hiring his own engineer to design and supervise the services to municipal standards then, once approved by the Town, he may hire his own contractor to install the works.
- The subdivision approving officer may also refuse the subdivision if the proposal does not comply with bylaw requirements. Other reasons for refusal to approve a subdivision follow:
- The subdivision injuriously effects established amenities
- The subdivision does not have proper access
- The land does not have proper drainage
- The property is subject to flooding, erosion, land slip or avalanche
- The subdivision would adversely affect the natural environment
- The configuration is not suited to the land or makes future subdivision of adjacent land impractical
- If you wish to begin selling your land parcels to pay for your servicing costs, you will need to have your subdivision approved and registered at the Land Title Office before completion of your servicing work. In this case you will have to enter into a servicing agreement with the Town and supply an irrevocable letter of credit in the amount of 125% of your engineer's estimated cost of servicing.
- Once the requirements of the Approving Officer have been met you may have a legal surveyor present plans for examination and signature. The examination fee of $50 is due at that time. When the plans are signed, your legal surveyor or lawyer will send the plan to Kamloops for registration at the Land Titles Office. This completes the process.
Subdivision of Buildings
There are three scenarios possible for subdivision of buildings into strata (condominium) units. The simplest case is a one-step (i.e. un-phased) creation of a strata subdivision in a building that has not previously been occupied as a residence. This type of application is exempt from municipal regulation and no application is required to the Town. Simply have your solicitor submit all required forms to the Land Title Office.
If any building subdivision is being created in more than one phase, approval of the phasing plan and each phase thereof is required by the subdivision Approving Officer. In addition to requiring services to be complete for each phase, the subdivision Approving Officer is required to certify that any proposed common facilities are completed at each phase or otherwise provided for (usually with a security deposit).
The steps for a phased strata subdivision follows a process similar to a normal subdivision of land, but with the added requirement that the anticipated phasing of the project be outlined in detail.
If a previously-occupied, multi-unit residential building is proposed to be converted to a strata condominium, a subdivision application is required. Municipal Council is the approving authority on such applications, unless such authority has been delegated to a staff member.
With such conversion applications, consideration must be given to the building's compliance with municipal bylaws and the BC Building Code, as well as to the availability of rental and other affordable housing in the community.
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