“Any person being the owner of land or having the written permission of the owner, may apply for subdivision”
The Zoning and Works & Services Bylaws govern subdivisions within the Town of Creston.
All applications for subdivision must be approved by the Approving Officer of the Town of Creston. The approval of the Ministry of Transportation & Highways, the Ministry of Environment, and the Ministry of Health, may also be required. Applications are processed with the involvement of the Development Services Department, the Engineering & Public Works Department, and outside agencies, as necessary.
In view of the numerous technical and legal details involved in the subdivision process, the applicant should be prepared to discuss his/her proposal with the Approving Officer, and to consult a registered B.C. Land Surveyor (B.C.L.S.), lawyer or notary public.
Schedule of Fees
|Creation of 1 or 2 new lots (base rate):||$40.00|
|Add to base rate for each new lot in excess of 2:||$15.00|
|Strata lots:||(same as above)|
|Consolidation of parcels:||$30.00|
Subdivisions are defined as “the division of land into two or more parcels”. This includes a simple lot line adjustment, but with respect to this approval process, does not include a site consolidation
Regulations governing subdivisions are contained in the Land Title Act and the Local Government Act.
Subdivisions must be approved by the Approving Officer. The documents are then sent to the Land Title Office in Kamloops for registration. Land Title Office staff prepares documents known as “Certificates of Indefeasible Title” for each new parcel. At the top of the Certificate of Title, the owner of the parcel is shown as “registered owner in fee-simple”. Fee-simple basically means that the owner has an absolute right to deal with the land as he/she sees fit, subject to the law. Subdivisions of this type are commonly referred to as “FEE-SIMPLE” subdivisions.
“STRATA” subdivisions are a different matter and are not covered by this brochure.
The Works and Services Bylaw establishes levels of works and services to be provided within and adjacent to a subdivision. The Bylaw also outlines design guidelines and construction standards. The applicant is responsible for all costs to provide the required works and services.
Prior to any works and services construction, engineering design drawings must be approved by the Development Services Department.
Before a final subdivision plan can be approved, the Developer has the option to:
Why You Need to Obtain Approval for Subdivision
The Local Government Act and Land Title Act of British Columbia require that all subdivisions be approved by the Approving Officer.
Approval for subdivision is needed in order to ensure that the community’s standards are met as detailed in the Zoning and Works & Services Bylaws with regard to:
THE FOLLOWING IS INTENDED TO ILLUSTRATE THE GENERAL PROCEDURES INVOLVED IN A SUBDIVISION APPLICATION. IT DOES NOT COVER THE NUMEROUS TECHNICAL DETAILS OFTEN ENCOUNTERED DURING THE SUBDIVISION PROCESS.
Procedure for Subdivision
1. It is recommended that the Applicant make preliminary enquiries to the Development Services Department regarding the general feasibility of the proposal prior to submitting an application for subdivision (ie: check zoning of the property, basic lot requirements, etc.).
2. The applicant completes the standard application form and submits same, together with the required application fee, a copy of the Certificate of Indefeasible Title, the written authorization of the registered property owner, and four (4) copies of a sketch plan showing all existing services, proposed lot lines, dimensions, existing buildings, and any other pertinent features.
3. The application is processed and reviewed. Factors considered include: road widening, works and services requirements, Zoning Bylaw, floodplain, soil stability, development cost charges, park dedication, and public interest.
4. The Local Government Act requires that, when a subdivision creates 3 or more additional lots, the owner must provide up to 5% of total area as parkland, or pay the equivalent assessed value to the Town (at the Town's discretion).
5. Following the review by the Development Services Department, the application is either denied or given Preliminary Layout Approval (signed by the Approving Officer), which is valid for 180 days. The applicant is informed of the servicing and other requirements, which must be met prior to final subdivision approval.
6. If works and services are required, the applicant must provide Construction Drawings prepared by a Professional Engineer. These Construction Drawings will be reviewed by the Development Services and Engineering & Public Works Departments, in consultation with the Approving Officer.
7. If the required works and services are to be installed on an existing road right-of-way, installation is generally performed by the Town. In this case, the applicant pays all costs for these works.
8. The final plans are reviewed by the Development Services Department and other departments or agencies as deemed necessary. The application either may be rejected by the Approving Officer or granted final approval (valid for 90 days). Factors considered:
9. Following approval of the Construction Drawings, and before the required works and services can be installed:
10. The applicant may postpone construction of a portion of the required works and services until after the final approval of the subdivision, if security is posted (Letter of Credit, term deposit or cash) and a servicing agreement is entered into between the Town and the applicant.
11. The applicant has a B.C. Land Surveyor prepare the final Subdivision Plan. The original plan, plus three copies, are submitted to the Approving Officer for final approval and signature.
12. The applicant, or his/her agent, submits the approved subdivision plan to the Land Title Office in Kamloops for registration.
13. Within 14 days of being registered, the applicant is to forward to the Development Services Department copies of the registered plans, documents and State of Title Certificate, as proof of registration.