Creating a new lot through the severance process is a multi-stage undertaking that requires careful planning, municipal review, and the completion of specific approval conditions. Understanding the process from the outset can help property owners anticipate requirements, manage timelines, and move efficiently from an initial concept to the legal creation of a new lot. The process generally involves three key stages: pre-consultation, consent approval, and post-approval.
Stage 1: Pre-Consultation
The first step is submitting a pre-consultation application. The pre-con submission typically includes a cover letter, a severance sketch, an application for and a pre-con fee.
The cover letter describes the property, the proposed severance(s), the zoning, and the land use designation which applies to the property.
The severance sketch illustrates both the severed parcel(s) and the retained parcel and includes a zone matrix (or zoning table), which summarizes the applicable zoning provisions such as lot area and lot frontage.
Municipal planning staff will review the proposal and meet with the applicant to discuss its feasibility, identify potential concerns, and determine which plans and technical studies are required for formal submission. Following the pre-con meeting, the municipality will issue formal pre-consultation minutes which will stipulate the next steps in the process.
Stage 2: Application Submission and Committee of Adjustment Hearing
Following the pre-con meeting, the applicant prepares and submits a formal severance application. The severance application is typically supported by a Planning Justification Report, a septic verification letter, and any required environmental studies. The specific requirements will vary depending on the property and its surroundings.
Once the application is deemed complete, notice is circulated to surrounding property owners, and a public hearing is scheduled before a Committee of Adjustment. At the hearing, the applicant or their planning consultant presents the proposal to the Committee and the attending public. The hearing provides an opportunity for Committee members and members of the public to ask question to the applicant, or express concerns.
After questions and comments are concluded, the Committee passes a motion to approve, deny or defer the application. If approved, a notice is issued outlining conditions which must be completed by the applicant within 2 years.
Stage 3: Clearing Conditions of Approval
Following the approval, the applicant must turn their attention to clearing the conditions of the approval. Typical conditions for a severance include the preparation of a reference plan (survey of the new lot), the preparation of a deed for the new lot, an entrance permit for the new lot, and the payment of a cash-in-lieu of parkland fee.
Once all conditions have been satisfied, the municipality issues a certificate, and the lot creation process is complete.
Morgan Planning & Development has extensive experience guiding property owners through all three stages of the severance process. If you are considering a severance we would be happy to assist.
