what is subdivision application no. s19-2813 we are about

For more information please contact the Red River Planning District.

Red River Planning District Mon-Fri* 806-A Manitoba Ave., Selkirk, MB 8:30am-4:15pm

*excludes all statutory holidays

*Note: Property owners are responsible for notifying “Tenants”

What is Subdivision Application No. S19-2813 about? To subdivide an existing lot and close part of a public reserve to create 8 new lots (including the residual lot) ranging in size from ~ 20,111 sq. ft. to ~ 113,595 sq. ft., as well as, create two new public reserves in the “SR” Seasonal Residential Zone. This subdivision also involves an extension of William Road.

We are Listening.

Public

Hearing

Tuesday,

June 25, 2019

6:00 PM

Council Chambers

1043 Kittson Rd.

East Selkirk, MB

Phone:

(204) 482-3717

1-800-876-5831

Fax: 1-204-482-3799

E-Mail:

[email protected]

Website:

www.redriverplanning.com

mailto:[email protected]

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

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Attention to: Council R.M. of St. Clements

SUBDIVISION REPORT Date of Report: June 10, 2019

File Number: S19-2813 – Thomas Address: 99141 PR 500 Municipality: R.M. of St. Clements Legal Description: SP LOT 1 PLAN 19365 WLTO & PUBLIC RESERVES PLAN 18163 WLTO Roll Number(s): 688200, 688091 Report Prepared by: David Paton, MCIP, RPP, Interim Community Planning Assistant Report Reviewed by: Pawan Gill, M.C.P., Community Planner

Executive Summary: The applicant is seeking to subdivide an existing lot and close part of a public reserve to create eight (8) new lots (including the residual lot) ranging in size from approximately 20,111 square feet to 113,595 square feet. The subdivision would also create two new public reserves and extend William Road. The proposed subdivision is subject to a Public Hearing. The application generally meets the provisions of the Development Plan and Zoning By-laws. The Red River Planning District Office recommends approval of the application, subject to conditions. A report outlining policy compliance, comments received, analysis, options and recommendations for Council’s consideration follows this summary. Attached to the report are the following:

1. The applicant’s Subdivision Application Map (“SAM”); 2. The applicant’s letter of intent; 3. Comments received from commenting agencies in order of date received; and 4. Any additional supportive documentation including a complete list of related by-

law policies and maps prepared by the RRPD Office for discussion purposes.


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Proposal Overview Current Site Area: ~ 7.93 ac. (privately owned) & ~40,483 sq.ft. (public

reserve) Current Use of Site: Residential and Public Reserve Area Proposed Number of New Lots: 8 (not including public reserves) & 2 new public

reserves Proposed Use of Site: Residential and Public Reserve Area.

1. Development Plan Compliance……………………………..In Compliance

Development Plan By-law No. 190/08 Land Use Designation: “R” Resort Policies for Consideration: In addition to the policies described in Part III and IV, the following policies are established:

1. Resort area developments shall be subject to the following criteria: a. Resort area development shall be directed towards sites with a low

potential for agricultural activities, including livestock production, due to poor soil conditions (Agriculture Capability Class 5 to 7) or other physical constraints which make the use of the land for agriculture unfeasible, and shall be directed towards sites where the proposed development will not unduly interfere with existing or proposed agricultural operations.

b. Developments shall be sufficiently separated from existing agricultural operations to ensure they will not cause conflicts and be consistent with Provincial Regulations;

c. Where Resort area development is considered appropriate, it shall be encouraged to develop in a pattern which efficiently uses land, infrastructure, and public services while offering adequate public shoreline access.

d. Resort area developments will be encouraged to locate where there is an adequate supply of potable water.

e. Where new Resort area development proposes on-site waste treatment, it shall be developed in accordance with Provincial Regulations.

f. In order to avoid the unwarranted fragmentation of land, a development proponent shall be required to demonstrate that there is sufficient demand and insufficient supply of lots prior to subdivision approval being granted.

2. Where ecologically sensitive land exists in Resort areas these areas shall be protected.

3. Resort areas shall be afforded protection from adjacent uses that would degrade or endanger their primary function. Any intensive residential, industrial, agricultural, or commercial development or subdivision, which could conflict with a resort area, shall not be permitted in areas adjacent to a recreation area. Buffer zones around recreation areas will be provided for in the zoning by-laws.


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4. Areas that are not immediately required for recreational uses within designated Resort areas may be zoned in the subsequent zoning by-laws as agricultural districts which shall treat compatible agricultural activities as permitted uses during a transitional period until the land is converted to recreational uses.

Shoreland Policies

5. Recreation opportunities in Resort areas should not be developed beyond the capability of the resource base as determined by the Planning Area Board. A comprehensive recreation capability study may be required to fully assess the potential and carrying capability of sites.

6. Structure shall not be built below the 100 year flood level, or on land subject to other physical hazards such as poor drainage, a high water table, or shoreline erosion unless the hazard has been eliminated or protected against.

7. Acceptable recreational uses would include day use areas, camping areas, seasonal dwelling areas and other recreational uses depending on the land capability and suitably as determined by the Planning Area Board.

8. A 100 foot (30 m) public reserve should be established from the ordinary high water mark adjacent to all surface waters to protect or re-establish functioning riparian areas where they have been altered to help stabilize banks, provide aquatic and wildlife habitat, and protect water quality.

Subdivision Policies

12. The proposed development should suit the topography and consideration should be given to conserving natural vegetation, drainage features and the natural lay of the land.

13. New cottage subdivisions with high capability beach area should have a public reserve area, public road access, sufficient parking space, a beach access area, garbage cans, and public washrooms. Where possible such areas shall be separate from the cottage areas.

14. Dedication of land for open space will be encouraged for major new developments in accordance with the provisions of The Planning Act. Dedication of land should be reserved for the purpose of park and recreation development in the immediate area.

15. The shoreline reserve in areas of high quality beach should be a minimum of 100 feet and be adequate to meet environmental needs and to provide for public access.

16. The Planning Area Board shall consider the demand for the subdivided land when approving a resort development.

17. A continuous tier of cottages fronting on the water should be discouraged in order to ensure that public access to the shoreline is available.

18. Secondary plans shall be required when deemed necessary by the Planning Area Board for the creation of larger resort subdivisions.

19. Development proposals within areas which are currently zoned to allow for subdivision will be reviewed and considered on the basis of the anticipated outcome of secondary plans within the vicinity.


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20. Development agreements may be used to set forth conditions with regard to roads, landfill, building type restrictions, public reserve, effluent disposal, staging and other matters.

21. Holding tank or other approved systems such as low pressure systems of sewage waste disposal shall be required for all future developments and must be consistent with Provincial environment regulations. Only on large lots with no soil or drainage problems may septic fields be permitted. Liquid waste disposal sites should be available for holding tank effluent.

22. Wells in cottage areas should be constructed to standards that limit the risk of contamination.

23. Culverts in private driveways should be of adequate size to prevent restriction of natural and man-made drainage systems.

2. Secondary Plan Compliance……………………………….. Not Applicable

3. Zoning By-Law Compliance

Zoning By-law No. 5-2002 Land Use Zoning: “SR” Seasonal Residential Applicable Table: Table 14 – Residential Bulk Table

Site Area Required: 15,000 sq. ft. (min.)

Proposed Lot 1: ~ 32,785 sq. ft. In Compliance Proposed Lot 2: ~ 39,071 sq. ft. In Compliance Proposed Lot 3 (residual): ~ 113,595 sq. ft. In Compliance Proposed Lot 4: ~ 20,197 sq. ft. In Compliance Proposed Lot 5: ~ 20,168 sq. ft. In Compliance Proposed Lot 6: ~ 20,140 sq. ft. In Compliance Proposed Lot 7: ~ 20,111 sq. ft. In Compliance Proposed Lot 8: ~ 28,302 sq. ft. In Compliance Proposed Public Reserve (adjacent Roxanne Close): ~ 37,232 sq. ft. Proposed Public Reserve (adjacent Lake Winnipeg): ~ 14,574 sq. ft.

Site Width Required: 100 ft. (min.)

Proposed Lot 1: ~ 258.11 ft. In Compliance Proposed Lot 2: ~ 133.55 ft. In Compliance Proposed Lot 3 (residual): ~ 476.15 In Compliance Proposed Lot 4: ~ 101.7 ft. In Compliance Proposed Lot 5: ~ 101.7 ft. In Compliance Proposed Lot 6: ~ 101.7 ft. In Compliance Proposed Lot 7: ~ 101.7 ft. In Compliance Proposed Lot 8: ~ 182.05 ft. In Compliance Proposed Public Reserve (adjacent Roxanne Close): ~ 551.01 ft. Proposed Public Reserve (adjacent Lake Winnipeg): > 221.1 ft.

4. Proposed Servicing and Infrastructure


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Wastewater Services – Holding Tank & Septic Field (proposed and present) Requirements: As per MR 83/2003 Onsite Wastewater Management Regulation

Drinking Water Requirements – Individual Well (proposed and present) Requirements: As per Manitoba Sustainable Development and Municipal Standards.

Road Standards - Municipal Road Requirements: Culvert (Driveway) access permit to be obtained through the Municipality.

Drainage – Natural Requirements: Must meet provincial and municipal requirements.

5. Circulation to Government Agencies

R.M. of St. Clements (Administration) Comments: Along with any requirements provided by commenting agencies, Adminstration for the RM of St. Clements has the following requirements:

1. Taxes on the lands to be subdivided for the current year and any arrears have been paid

2. Development levies to be paid as per B-Law 14-2009 3. Engineered road and drainage plan constructed as per

municipal standards 4. Easement plan drainage works if required 5. Letter of Credit for roads and drainage works 6. Development agreement be entered into to include the above

and any other requirements established by commenting agencies and council.

7. Digital copy of plan of subdivision be provided to the R.M. of St. Clements

8. Any and all costs incurred for closing and opening public reserves are at the cost of applicant

Contact: Heather Stanik, Planning Officer, 204-482-3300

Manitoba Agriculture (Agr.) Comments: Manitoba Agriculture has no concerns.

Manitoba Infrastructure (MI) Comments: If your office and the local authority wish to consider approval

of this subdivision, we will not object. Please note that the Department would not be prepared to approve any new access connections to PR 500. (Note: see full correspondence attached to Council Package).


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Manitoba Sustainable Development – Environmental Compliance and Enforcement (SDCE) Comments: No concerns at this time. Contact: Kris Innes, Environment Officer, 204-785-5643

Manitoba Sustainable Development - Water Stewardship (SDWS) Comments: No comments received during circulation period.

Office of Drinking Water (ODW) Comments: No comments received during circulation period.

Winnipeg Land Titles Office (WLTO) Comments: Land Titles will require a multi lot plan of subdivision with public reserve and Public road as proposed. Please advise applicants that HFP ct# G21112 as shown on ct # 1868693/1 is outstanding and will need to be produced. Bylaw will be required to close P.Reserve Plan 13163. Contact: Victor Castelli, Survey Examiner, 204-945-6289

Heritage Resource (HRB) Comments: The Historic Resources Branch has examined the locations in conjunction with Branch records for areas of potential concern. The property’s physical environment in Lots 1 and 2 indicate a potential for heritage resources to be present, therefore the Historic Resources Branch has concerns with future development. (Note: see full correspondence attached to Council Package). Contact: Hani Khalidi, Impact Assessment Archaeologist, 204-945-2400

OSPAR Consulting Ltd. Comments: Former railway lands have been gifted to municipality (see full correspondence attached to Council Package).

Manitoba Infrastructure (Water Management, Planning and Standards -WMPS-MI) Comments: All of the property above the shoreline embankment is above the 722 ft. contour, and as such is not prone to flooding. Any shoreline development should be subject to geotech review, as the RRPD Development Plan. Contact: Robert Belton, Development Review Officer at 204-945-2121

WSP Comments: Further to the above subdivision application, we would recommend the following:


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1. A grading plan be prepared to indicate positive drainage on the proposed property, to the satisfaction of the R.M. of St. Clements, and to ensure that the proposed property does not drain into, or impede drainage from neighboring properties.

2. Road extensions are in accordance with the R.M. of St. Clements Servicing Standards.

3. Wastewater sewage collection and disposal for each lot to meet the requirements of the Province.

Contact: Michael Matview, Project Manager, WSP, 204-259-1555

6. Circulation to Utilities and Other Services

Manitoba Hydro (MB Hydro) and Centra Gas Comments: Manitoba Hydro requires easements; Centra Gas does not have any easement requirements (see correspondence attached to Council Package). Contact: Erin Dyck, [email protected] or 1-204-360-4399.

Shaw/BellMTS Comments: BellMTS will require easements (see correspondence attached to Council Package). Shaw has no requirements on this file. Contact: Grace Bushi, BellMTS Access Provisioning, 204-958-1959

Lord Selkirk School Division Comments: Lord Selkirk School Division has no issues with the subdivision.

Canada Post Comments: No requirements.

7. Analysis

The applicant is seeking to subdivide their existing parcel of approximately 7.93 acres into eight lots (including the residual lot) for residential use ranging in size from approximately 20,111 square feet to 113,595 square feet. The existing home at 99141 PR 500 would be located within Proposed Lot 3 of the subdivision proposal. The proposed subdivision would require closure of a public reserve south of and running parallel to William Road, which would then be consolidated with and form part of proposed lots 3 to 8. Two new public reserves are being proposed; as a result the proposed subdivision would result in a net gain of approximately 11,324 square feet of public reserve, with one of the new public reserves being located adjacent to Lake Winnipeg. William Road would also be extended slightly in order to provide access to proposed lot 8. This extension involves ~4089 sq. ft. area to create a turnaround at the end of William Road. All of the proposed lots would be accessed from William Road, with the exception of lot 1 which would be accessed from Roxanne Close.


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It should be noted that conditional approval, now expired, was granted for a similar (but not identical) subdivision on the subject properties in 2008 (RRPD file no. S08-2170).

As per Section 139 of The Planning Act, the municipality must hold a public hearing, pass a by-law, and obtain ministerial approval in order to close public reserve land. As such, a condition has been added for Council’s consideration that would require such a By-law to be completed. It should be noted that any money Council receives from the sale of former public reserve land may be used only for public parks or other recreational purposes.

The proposed subdivision is generally consistent with the Development Plan, which designates this property as “R” Resort. Development Plan policy #8 (within Resort designation section) is to establish a 100 foot public reserve from the ordinary high water mark adjacent to all surface waters to protect or re-establish functioning riparian areas in order to help stabilize banks, provide aquatic and wildlife habitat, and protect water quality. This policy also exists in Part 4, Policy 10 under the Water, Hazard Lands, Flooding, and Erosion heading of the Development Plan. For lands designated “R” Resort, shoreline reserves in areas of high quality beach should be adequate to meet environmental needs and to provide for public access (Part 5, Policy 15 under the Resort heading). The proposed subdivision would establish a new public reserve adjacent to Lake Winnipeg, although it does not extend along the entire frontage of the subject property – proposed lot 3 would retain some direct frontage on Lake Winnipeg. Additionally, the proposed public reserve varies in depth but is approximately 74 feet at its narrowest point as measured from the edge of Lake Winnipeg in November 2007, which is less than the 100 feet advocated in the Development Plan. Council should decide if Proposed Lot 3 should have land protected from the ordinary high water mark in order to establish a riparian buffer and if an associated Public Reserve area is required. Condition No. 8 has been included for Council’s consideration of taking land as further public reserve or addressing this buffer within a Development agreement.

The property is currently zoned “SR” Seasonal Residential as per the R.M. of St. Clements Zoning By-law. All of the proposed lots comply with the minimum lot size of 15,000 square feet and the minimum site width of 100 feet. It should be noted that existing lots sizes on the north side of William Road range from ~16,700 sq. ft. to 18,500 sq. ft. in size. These similar lot sizes are also found on Shannon Crescent and Brittany Road. The smallest lot size proposed in this application is ~20,111 sq. ft. in size. The proposed subdivision appears to align with the character in terms existing lot size range in the area. The extension of William Road to provide access to lot 8 has been added as a condition of approval as per the Development Plan policy that requires all new development should have legal access to an all-weather road unless the proponent makes an agreement with the Municipal Council to develop new road access to a


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standard agreed upon by said Council (Part 4, Policy 3 under the Transportation heading). The proposed road extension does not provide direct access from William Road to PR 500; Manitoba Infrastructure has advised that they would not be prepared to approve any new access connections to that highway. Furthermore, Development Plan policy states that local traffic will be required to consolidate at major points of access in order to provide a high standard of safety to the traveling public (Part 4, Policy 5 under the Transportation heading). Council may want to consider if William Road needs to be connected further south to John Boulevard. The proposed subdivision is separated from PR 500 by former railway lands that had been noted as gifted to the RM of St. Clements. As The Municipality has noted that the land is now privately owned which has a width of roughly 90 feet. This land does provide a buffer between the proposed residential development and the provincial highway as advocated in the Development Plan. The applicant has indicated that the proposed subdivision will be serviced by holding tanks and septic fields. As per Development Plan policy, holding tank or other approved systems such as low pressure systems of sewage waste disposal shall be required for all future developments. Septic fields are only permitted on large lots with no soil or drainage problems (Part 5, Policy 21 under the Resort heading). From comments received from WSP, states that wastewater sewage collection and disposal for each lot must meet the requirements of the Province. It should be noted that this application was referred to Manitoba Sustainable Development – Environmental Compliance and Enforcement (SDCE) who indicated that they have no concerns at this time.

The R.M. of St. Clements administration has requested that as a condition of approval the applicant / owner enters into a Development Agreement with the municipality. This is consistent with Development Plan policy which advocates for the use of development agreements to set forth conditions with regard to roads, landfill, building type restrictions, public reserve, effluent disposal, staging and other matters (Part 5, Policy 20 under the Resort heading). The Manitoba Historic Resources Branch has indicated that they have concerns with development of proposed lot 1 and 2, given the potential of heritage resources at this location. As such, they would like to conduct an on-site pre-impact assessment between the spring and fall of 2019. If heritage resources or human remains are known or thought likely to be present, then the owner / developer would be required to conduct a heritage resource impact assessment and mitigation at their expense prior to development. Development Plan policy states that “The Planning Area Board and municipalities shall encourage and facilitate the identification of heritage resources in the district” (Part 4, Policy 1 under the Heritage heading). As such, a condition has been added for Council’s consideration that would allow for the pre-impact assessment and require the applicant to comply with any requirements imposed by the Manitoba Historic Resources Branch.


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Comments from other government agencies received generally noted no concerns. Please note no comments were received from the Water Stewardship and Biodiversity Division of Manitoba Sustainable Development during the circulation period as well as from follow-up emails/calls to this department. Easements are required for both Manitoba Hydro and BellMTS. Council may add conditions of approval as per Section 135 of The Planning Act (see Appendix A). As such, any recommendation or requirement from a government department or other entity to which the application was referred by the approving authority can be addressed through the conditions recommended below. Based on the analysis provided above, this proposed subdivision application generally meets the spirit of the current Development Plan and Zoning By-Law policies; therefore, our office has no concerns regarding this proposed subdivision.

8. Options

Under Section 125(1) of The Planning Act, 'where the council of a municipality receives an application pursuant to Section 124(2), it shall, after considering the application, by resolution (a) reject or refuse to approve the application for subdivision; or (b) approve the application for subdivision, without conditions or with conditions as set out in Section 135.'

9. Recommendations and Conditions Based on the analysis above, our office recommends approval of the application.

Should Council wish to approve the application, our office recommends the following conditions be placed:

1. Applicant / owner submits confirmation in writing from the R.M. of St.

Clements stating that the following requirements have been met: a. taxes on the lands to be subdivided for the current year and any

arrears have been paid; b. development levies have been paid as per By-Law 14-2009; c. an engineered road and drainage plan constructed as per municipal

standards; d. easement plan for drainage works, if required; e. letter of credit for roads and drainage works; f. development agreement be entered into to include the above and any

other requirements established by commenting agencies and council. g. digital copy of plan of subdivision be provided to the R.M. of St.

Clements; and, h. any and all costs incurred for closing and opening public reserves are

at the cost of applicant


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2. Applicant / owner enters into a Development Agreement with the R.M. of St. Clements to address items including, but not limited to:

a. a grading plan be prepared to indicate positive drainage on the proposed property, to the satisfaction of the R.M. of St. Clements, and to ensure that the proposed property does not drain into, or impede drainage from neighboring properties.

b. road extensions are in accordance with the R.M. of St. Clements Servicing Standards.

c. wastewater sewage collection and disposal for each lot to meet the requirements of the Province.

d. engineered road and drainage plan constructed as per municipal standards;

e. easement plan for drainage works, if required; and, f. a letter of credit for roads and drainage works.

3. Applicant / owner submits written confirmation from Manitoba Hydro that an

Easement Agreement(s) has been entered into with Manitoba Hydro and Centra Gas with respect to existing and / or future facilities associated with the subdivision and a Plan of Easement, as required by The Real Property Act, has been provided. Registration of this agreement will be included as a condition of the final Certificate of Approval. Contact Manitoba Hydro at (204) 360-4399, 12-360 Portage Ave., Winnipeg, MB R3C 0G8.

4. Applicant / owner submits written confirmation from BellMTS that an Easement Agreement(s) has been entered into with BellMTS with respect to existing and / or future facilities associated with subdivision with the subdivision and a Plan of Easement, as required by The Real Property Act. Registration of this agreement will be included as a condition on the final Certificate of Approval.

5. Applicant / owner obtains a permit from Manitoba Infrastructure for the

proposed public roadway. For permit information, please contact Sheena Del Rosario at 204-945-3457 or by email at [email protected].

6. Applicant / owner ensures that a Public Reserve Closing By-law is completed. 7. Applicant / owner submits written confirmation from Manitoba Historic

Resources Branch that an on-site pre-impact assessment has been completed and that any subsequent conditions imposed by the Manitoba Historic Resources Branch have been complied with. Contact: Hani Khalidi, Impact Assessment Archaeologist, Ph. (204)-945-2400.

8. Applicant / owner to dedicate a 100 foot wide public reserve along the Lake

Winnipeg measured inland from the ordinary high water mark for Proposed Lot 3 without compension to the R.M. of St. Clements, in order to help protect or re-establish functioning riparian areas where they have been altered to help stablized banks, provide aquatic and wildlife habitat, and protect water quality, OR


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Applicant / owner to dedicate a 100 foot buffer along Lake Winnipeg measured inland from the ordinary high water mark restricting development on Proposed Lot 3 addressed within a Development Agreement with the R.M. of St. Clements, in order to help protect or re-establish functioning riparian areas where they have been altered to help stablize banks, provide aquatic and wildlife habitat, and protect water quality.

Note: The following Requirements will be added and are not part of Council’s Resolution should the application be conditionally approved by the Red River Planning District Board, being:

A. The Winnipeg Land Titles Office requires a multi lot plan of subdivision prepared by a Manitoba Land Surveyor with public reserve and public road as proposed. Please advise applicants that HFP CT # G21112 as shown on CT # 1868693/1 is outstanding and will need to be produced. By-law will be required to close Public Reserve Plan 13163. Please submit the surveyor’s final plan tentatively approved by the Examiner of Surveys: one (1) original mylar, two (2) mylar copies and three (3) paper prints. If you have concerns with these requirements, please contact the District Registrar in the Winnipeg Land Titles Office.

B. The Red River Planning District requires that the surveyor’s drawing includes lot area and site width calculations, and confirmation that Crown land is not involved in the proposal.

C. The Red River Planning District requires that the applicant provides a geo-referenced (UTM 14 NAD 83), digital plan of subdivision.

D. The Red River Planning District requires that the applicant / owner submits a

lot fee payable for each additional parcel or lot resulting from the approval of the subdivision as per the Fee Schedule at the time of Certificate of Approval issuance.

Cc: Applicant, MR-CRP, RM of St. Clements, WSP, MB Hydro, BellMTS, WLTO, Historic Resources Branch, Manitoba Infrastructure.


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Appendix A: The Planning Act Section 135 As per The Planning Act a subdivision of land may be approved subject to one or more of the following conditions, which must be relevant to the subdivision:

1. Any condition necessary to ensure compliance with this Act or another Act, or the regulations made under them, or a development plan by-law, secondary plan by-law or zoning by-law.

2. Any condition necessary to satisfy the requirements of a municipal by-law, including the payment of subdivision examination fees and capital levies, and the requirement to pay property taxes.

3. A condition that the applicant enter into a development agreement with the government, the municipality or a planning district, as required, respecting

a. the construction or maintenance — at the owner's expense or partly at the owner's expense — of works, including, but not limited to, sewer and water, waste removal, drainage, public roads, connecting streets, street lighting, sidewalks, traffic control, access, connections to existing services, fencing and landscaping;

b. construction or payment by the owner of all or part of the capacity of works in excess of the capacity required for the proposed subdivision; and

c. the use of the land and any existing or proposed building.

4. Any condition recommended or required by a government department or other entity to which the application was referred by the approving authority.

5. Any condition necessary for the proper design of the subdivision or to implement the reorganization of titles.

6. A condition that the applicant dedicate the following land, without compensation:

a. land for adequate public roads and municipal services in the subdivision;

b. land for public reserve purposes, not exceeding 10% of the land being subdivided, but only if the land is being divided into parcels of less than 4 hectares;

c. land for school purposes, not exceeding 10% of the land being subdivided;

d. land not suitable for building sites or other development because it is unstable, subject to severe flooding, required for source water protection, or is otherwise unsuitable because of topographical or subsurface features, such as wetlands, gullies, ravines, natural drainage courses, creeks, ponds or lake beds;

e. shore lands designated in a development plan by-law as land to be dedicated upon subdivision as a Crown reserve or a public reserve, including land that is or might be required to provide access to shore lands.


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7. As an alternative to dedicating land under item 6(d) or (e), a condition that the applicant enter into a development agreement with the government, the municipality, or the planning district as required, whereby the applicant agrees to conditions limiting, regulating or prohibiting any use, activity or development on the land.

8. A condition that a zoning by-law be amended.

what is subdivision application no. s19-2813 we are about

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