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This is a general guide that briefly explains the subdivision application process in The RM of Hanover and where you can get more information. As it is general in nature, it is not meant to replace bylaws or other legal documents.
What Is A Subdivision?
Subdivision is the process of altering legal property boundaries. Most often this involves splitting larger tracts of land into separate legal properties. However, a subdivision can also include the realignment of existing property lines or the consolidation of two or more properties. Whatever the size of the subdivision, it will be up to council to decide whether or not it is desirable and conforms to local land use bylaws and plans.
Why Do Subdivisions Need To Be Approved?
The planning act requires that all subdivisions be approved by a legal authority governing subdivisions. This approval is needed to ensure that:
- The size and shape of lots provide an adequate building area
- Municipal services such as sewer or water are fully provided
- Natural features such as ravines, streams and trees are protected
- Open space and parks are adequate
- The subdivision pattern is compatible with surrounding areas
- Future subdivision opportunities are protected
- Financial commitments of the local community, if any, are appropriate
The Subdivision Application Process
These are the major stages in the subdivision application process:
Your proposal should be well- planned before you submit a subdivision application. In preparing your proposal you should be aware of municipal plans, policies and regulations that may apply to your development. Once you have reviewed development regulations and spoken with council, municipal staff and provincial officials, make the final preparations for submitting your subdivision proposal at the Community Planning office in Steinbach.
Submit an Application
Subdivision application forms are available at the Community Planning office or by clicking here. Planning staff may assist you, but be prepared to submit the following information:
- The property owner’s name and address (if the applicant is applying on behalf of the property owner, a letter of authorization must be submitted).
- A currently dated (within 30 days) certificate of title.
- The address and legal description of the subject property.
- A brief description of the proposed development (e.g. single family, commercial or industrial).
- A detailed subdivision layout showing lot dimensions, the road pattern, and public reserver dedication if any.
- All subdivision applications are subject to a fee
To ensure that council has all of the necessary background information, applications are circulated to various agencies and provincial government departments. Community Planning Services will collect the comments, summarize them and submit a report to council.
Subdivisions are long- term decisions that will affect future generations. Council must review subdivision applications in relationship to the planning act, municipal plans, review agency comments, site conditions, local municipal services, traffic, environmental constraints, and development costs. Council can either approve the application with requirements and with or without conditions or they can reject the application. If council rejects the application, there is no right of appeal. Council requirements can include lot fees, submission of building location certificates and development agreements. Subdivision conditions include standards of municipal services (e.g. sanitary sewers, road construction), development restrictions, or other planning approvals, such as a rezoning. Subdivision conditions can be appealed.
Approving Authority Decisions
The Minister of Intergovernmental Affairs or designate is responsible for final subdivision approval. Once the approval authority receives applications approved by the municipal council, it will further review the application to ensure that it meets provincial government regulations, local plans and the land is suitable for the intended purpose. If the application meets these criteria, the subdivision will be approved, with or without any additional conditions.
Appeals, Hearing and Certificate of Approval
Applicants who are not satisfied with the approving authority’s decision (Community Planning) can appeal to the municipal board. If a municipal board hearing is required, the hearing will be held, evidence presented (including by the applicant, municipality and review agencies) and your application will be subject to the decision of the municipal board. Municipal board decisions are final.
Once all conditions are met, a final condition of approval is issued. The applicant may then register the subdivision with the land titles office.
For further information contact the development officer.