Prior to applying for a land severance, you should consult with the Planning Department. They will be able to assist you with the application process, advise you what supporting material you must submit (e.g. sketches, plans) and discuss with you special land severance requirements as set out in the City's Official Plan and Zoning By-law.
A land severance is the authorized separation of a piece of land to form a new lot or a new parcel of land. This is commonly known as a consent. A consent is required, if you want to sell, mortgage, charge or enter into any agreement (at least 21 years) for a portion of your land. If the two parts are split already, by a road or railway for example, consent is not needed. If several severances are intended in the same area, a plan of subdivision may be more appropriate. It is up to the consent-granting authority in your area to decide whether a consent is the best approach or if a plan of subdivision is necessary for the proper and orderly development of your community.
When applying for a land severance, there is a fee for processing the application. As an applicant, you will be required to fill out an application form, with which the City Planner can assist you. The more accurate the information provided, the less likely that delays will occur in the review. If your application is incomplete or you do not provide all the information required, your application will not be accepted until it is complete. Also, the 60 day time frame for making a decision does not begin until all the prescribed information is received. The Committee, through local newspapers and/or by mail, must give notice of an application at least 14 days in advance of a public meeting to all property owners within 60 metres of the subject property. Any person or public body may submit opinions/concerns to the Planning Advisory and Adjustment Committee. When PAAC has reached a decision on your application, it is required to send a Notice of Decision within 15 days of the decision, to any person or public body that requested, in writing, to be notified. When a Notice of Decision is given, a 20 day appeal period follows. Any appeal is forwarded to the OMB within 15 days of receipt.
Ontario Regulation 197/96, as amended, of the Planning Act, provides the requirement of a sketch to show the following:
a) the boundaries and dimensions of the subject land, the part that is intended to be severed, and the part that is intended to be retained;
b) the boundaries and dimensions of any land abutting the subject land that is owned by the owner of the subject land;
c) the location of all land previously severed from the parcel originally acquired by the current owner of the subject land;
d) the approximate location of all natural and artificial features (for example, buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells, and septic tanks) that,
i) are located on the subject land and on land that is adjacent to it, and
ii) in the applicant’s opinion, may affect the application
e) the current uses of land that is adjacent to the subject land (for example, residential, agricultural, or commercial);
f) the location, width, and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public traveled road, a private road, or a right-of-way;
g) if access to the subject land is by water only, the location of the parking and boat docking facilities to be used;
h) the location and nature of any easement affecting the subject land; and
i) the approximate distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing.
*Note that the Planning Advisory and Adjustment Committee may require that the plan described above be signed by an Ontario Land Surveyor at the applicant’s expense.
It is required that one original copy of the application be filed together with a copy of the sketch, and a fee of $350.00 + 45.50 (HST) for a total fee charge of $395.50, in cash, debit or by cheque payable to the City of Pembroke.
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