7.0 Subdivision Process Flashcards
What is subdivision?
The process of altering legal property boundaries. Most often, it involves the dividing of larger tracts of land into smaller properties. But, subdivision can also include a realignment of existing property lines or the consolidation of two or more properties.
Which acts and bylaws require that all subdivisions are approved by a legally appointed Approving Officer?
The Local Government Act, Land Title Act of British Columbia, and the City of Surrey Subdivision By-law
What is an Approving Officer?
Statutory decision-maker at the municipal or provincial level who ensures that the subdivisions:
- Comply with the OCP designation, zoning requirements, Local Government Act, Land Title Act, and other Federal and and Provincial regulations
- Accomodate road plans and access for future subdivisions or adjoining lands
- Consider physical, social, economic constraints (incl. natural hazards)
- Address exisiting and required statutory right-of-ways, easements, and other covenants affecting the property
- Provide works and services
- Dedicate required parkland and highway improvements
- considers public interest
What is the Subdivision Application Process?
This happens Post rezoning
- Pre-application
* before submitting an application, complete your development plan by reviewing City development regulations - Submit an Application
* you submit your plan and application and pay the application fee - Application Review
* your layout is reviewed and servicing requirements are identified - Preliminary Layout Approval
* If your layout is acceptable, your plan is issued a Preliminary Layout Approval (PLA) - Servicing Plan; Servicing Agreement
* you submit a servicing plan. your servicing plan is reviewed and if approved, you then execute a servicing agreement - Final Survey Plan
* you complete PLA requirements and submit the final survey plan. The plan is signed by the Approving officer.
Preliminary Layout Approval
- Developer to complete engineering design drawings for all required offsite works
- Developer to acquire all necessary rights-of-way easements
- Developer to enter into a Works & Services Agreements
- Developer to provide security for all works & services
- Developer to proof all taxes and charges have been paid
Subdivision development Control Bylaw
See flowchart
Works and Services Agreement
- Required Off-site servicing works
- Required Rights-of-Ways or Statutory Rights-of-Ways
- Sealed engineering design drawings
- Securities
- Implementation (construction period)
What are Latecomer Agreements?
Section 939 of the LGA
- Development finance agreements between municipalities and property developers
- Specify off-site services such as roads, water, sewage or drainage necessary for development to proceed (not only servicing developer’s land)
- Specify the terms by which the “front-ending” developer can recover costs for excess capacity, beyond what is required for his/her initial development
Municipality may choose to pay the proportionate share of these excess or extended services or establish a Latecomer Agreement program to collect charges from future benefitting lands as they connect to these services
What is Excess Service
Nonlinear infrastructure of broader area based benefit including traffic signals, water, reservoirs, sanitary lift stations, and storm water detention ponds or pump stations
What is Extended Service?
A highway, water, sanitary or drainage system that will provide access or service to land other than the land being subdivided or developed. Extended Service is attributable to linear infrastructure such as road works, and water, sewer and drainage mains that are not located within nor fronting the land being subdivided or developed
Construction Off-site works
- Acceptance of Engineering Drawings for Construction
- Insurance
- Pre-construction Meeting
- Relevant city permits, public notices, etc.
- Construction Schedule
- Traffic and Environmental Management
- Coordination with third party utilities and agencies
- Construction Inspection and Monitoring
- Substantial Performance/completion
- Deficiencies and Holdbacks
- Maintenance Period
- Submission of As-Constructed Drawing for Design Engineer
- Total Performance - Certificate of Acceptance
Statutory Right-of-Way
A type of easement that permits the grantee (a municipality) the right of way to access the grantor’s (land owner’s) property for the operation or maintenance of the grantee’s undertaking (municipal works)
These includes public access (road, public trails, and walkways) and utility construction, maintenance and operation (water, sewer, drainage and other related works and utilities)
Can be acquired by local governments as a condition of rezoning or at the time of subdivision, as a condition of a land sale, or by way of expropriation
plan and agreement is registered on the title of the land by Land Title Office
What is the typical SROW width for a single utility line?
3.0 m
For combined utility trench, it will be wider
