“Subdivision” refers to
taking one large property and breaking it into several smaller properties,
which can then be sold off individually to new owners.
Subdivision raises a number of issues for watershed protection advocates:
·
Much of the larger
parcels that are divided up for development are undeveloped land – often
important watershed habitat.
·
For most local
governments in the province, subdivision at the edge of existing built areas
accounts for most new development and expansion. Subdivision is also known as sprawl, and accounts for significant
environmental harm.
·
However,
subdivision can occur in ways that protect the “green infrastructure” and
functioning ecosystems of communities.
·
It can also be used
to create more dense development in existing neighbourhoods (building up not
out) and decrease the pressure to expand at the urban edge.
When approving a
subdivision, a local government should consider existing bylaws, the
development goals of the community and the need for new or expanded
services. In the process of approving
subdivisions, local governments have some flexibility to negotiate with
developers to ensure watershed values are protected during the subdivision
process.
The Local Government Act, Land Title Act and Strata
Property Act regulate the subdivision of land.
Subdivision Regulations
Most subdivision
applications are decided by an approving officer acting pursuant to the Land Title Act or the Strata Property Act. The approving
officer is usually the municipal engineer, chief planning officer or other
municipal employee appointed by the relevant Council. In rural areas, approving officers are usually Ministry of
Transportation and Highways employees, although this function is being
transferred to regional district employees in some areas.
Local government may pass various types of by-laws that will affect how
and when lots can be subdivided. These
include:
·
Zoning By-laws that limit the minimum size of lots or
buildings to be constructed on them;
·
Bylaws creating
requirements that certain amenities, such as water, sidewalks, lighting,
sewage, and other works and services be provided as part of a subdivision;
·
Bylaws setting out
requirements for roads, sidewalks, roads and other means of access associated
with subdivision;
·
Bylaws requiring
the person subdividing the land to turn over to the local government an area of
land that the government fees is appropriate for use as parks (up to a maximum
of 5% of the area of the subdivision) or funds for the local government
to purchase an equivalent amount of land for park land; or
·
Bylaws setting
minimum frontage for a lot fronting onto a highway.
The local government
often use their powers under these bylaws, as well as their powers over other
aspects of development, to negotiate with developers about how amenities and
parklands can be provided in a new subdivision. These site-specific details can have significant impacts on the
continued functioning of the ecosystem.
Housing can be clustered together away from environmentally sensitive
areas, and stormwater can be retained on site and infiltrated back into the
soil.
While the local
government can pass these bylaws, the ultimate legal responsibility for
approving a subdivision rests with the approving officer under the Land Title Act.
Consequently even when a property owner meets all the requirements of
the local government’s by-laws, the approving officer can refuse to approve the
subdivision. Similarly, the local
government cannot require an approving officer to approve a subdivision. For more information on the powers of an
Approving Officer, see the Guide’s page on the Land Title
Act.
In addition, the
approving officer will usually consider other aspects of the local government’s
bylaws to ensure that the subdivision is appropriate. In practice, most approving officers require or allow a
“preliminary application” under which the approving officer will review the
preliminary application to ensure that it complies with all local government
bylaws and zoning.
Many subdivisions are
also accompanied by a rezoning application, and
thus public hearing, as well.
Related Guide Pages:
·
Local Government Act
·
Land Title Act
For more information about the Local
Government Act and Subdivisions:
·
West Coast Environmental Law, Smart Growth Guide to Local
Government Law and Advocacy.
