The division of land into more than one parcel is a property severance.
The Committee of Adjustment has the power to grant, by consent, property severances to create a maximum of four parcels from the original. It can also reconfigure lot boundaries, sever a part of a lot for consolidation with an abutting property, and grant a partial discharge of mortgage for financing purposes.
Subject to conformity with the Official Plan and the Zoning By-law, the Committee will review the proposed consent within the context of the adequacy of municipal services, the compatibility of the lot(s) with the surrounding properties and land uses, including natural environments, and the impact on current and future use of the surrounding lands.
In the granting of consent to sever, the Committee may impose conditions that must be satisfied before the severance is legally in effect. These may include the preparation of a land survey showing the new lots and confirmation that the existing and new lot(s) have adequate municipal services and that there are no outstanding taxes owing on the property.
Prior to submitting an Application for Consent, consultation with the Town Planner is required. Pre-consultation may reveal other matters that might need to be addressed.
Upon receipt and acceptance of the application, the application and a location map are circulated to internal departments and external agencies for comment. Prior to the presentation of the application to the Committee of Adjustment, public notice describing the nature of the variance with an invitation to attend the meeting is given, usually by letter, to property owners and tenants within 60 metres of the specific site.
The Committee will hear representation from the applicants, and from anyone who wishes to comment, before making a formal decision concerning the variance request. If favourable, conditions of approval may apply.
The proponent or any other person who presented to the Committee or who submitted written comments has the right to appeal a Committee decision, provided the appeal is received within 20 days of the Committee’s decision. This appeal is made to the Ontario Land Tribunal and formal steps are mandated for the acceptance and processing of the appeal. This should be discussed with the Town Planner prior to application submission or appeal of a decision.
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