The Township of Southwold, at its Regular Council meeting of Monday, April 27th, passed the following resolution:
2015-154 Talbotville & Ferndale Master Servicing Plan
THAT Council for the Township of Southwold approves the Talbotville & Ferndale Master Servicing Plan as prepared by Stantec, dated April 20, 2015. CARRIED
The Project File on the Master Servicing Plan is now available for your review.
What is a Land Severance?
A land severance is the authorized separation of a piece of land to form two new adjoining properties. This is commonly known as consent. It is required if you want to sell, mortgage, charge, or enter into any agreement for 21 years or more, a portion of your land. If a road or railway splits the two parts already, for example, consent is not needed. In addition to the division of land, rights-of-way, easements, and any change to your existing boundaries also require land severance approval.
Land division in Ontario should generally occur by plan of subdivision. If several severances are intended in the same area, this process may be more appropriate. It is a process that involves the laying out of roads, division of land into lots or blocks, the dedication of lands for other public purposes, and entering into subdivision agreements. This process involves wide consultation with the public and government agencies.
Where land division is minor, involving only one or two lots and, for example, where a plan of subdivision is clearly unnecessary for orderly development, the Planning Act provides a simpler process, called the granting of consent.
- If you require a Severance (Application for Consent), the application is handled by the Elgin County Land Division Committee the fee is $1,250.00.00. A copy of the application for severance can be picked up at the Municipal Office or downloaded below, and at the County of Elgin Offices at 450 Sunset Drive, St. Thomas, Ontario N5R 5V1 (519) 631-1460.
- The Township will include a Planner's Report at a cost of $400.00
- Please bring your completed Application to the Township office and speak with the Planner prior to submitting it to Land Division. This will allow us to ensure that you have included all the necessary information and provide time to get the Planner's Report.
If you have any questions, contact Heather James in the Township's Planning Department. She can be reached in the Township's office on Wednesdays and on Friday at (519) 769-2010.
The Application package consists of:
Note: Appendix B of the Application will be completed by planning staff. You do not have to complete it.
Form C-1 (for a surplus farm dwelling severance only)
After you have submitted your completed Application to the Township's Planner for review, and have received the Planner's Report indicating that the Application is supportable,
NOTE: Please be advised that the NEW Official Plan and comprehensive Zoning By-law 2011-14 received final approval from the Ministry on Friday, November 1st, 2013.
What is an Official Plan?
The purpose of an Official Plan is to establish general direction for planning and land use matters; that is, to create policies on how land in the County should be used. An Official Plan consists of goals, objectives and policies to guide development and meet the physical, social and economic needs of the community.
An Official Plan typically deals with a range of land uses and issues including housing; employment (retail, industry, office); services (roads, water, sewage); parks/open space/recreational areas; institutions (places of worship, schools, government, etc.); and resources (agriculture, environment/natural heritage, cultural heritage, mineral/aggregates). An Official Plan also includes criteria and guidelines for planning processes and implementation
The main purpose of an Official Plan at the County level is to provide general direction and guidance on a broad basis by establishing an upper tier policy framework that:
- Provides guidance to the local municipalities in the preparation of local Official Plans and Zoning By-laws
- Facilitates coordination and cooperation amongst the local municipalities and the County on planning and development issues that transcend municipal boundaries
Each of the seven local municipalities in Elgin County have their own Official Plans that provide specific and more detailed strategies, policies and land use designations for land use planning in each community.
Official Plan and Zoning Bylaw Amendments:
Every property in the Township of Southwold has been identified and mapped in accordance with its land use. Properties are provided with at least two designations:
- An Official Plan land use policy
- A land use zone
In some cases, additional bylaws have been passed regarding the development of the property (ie. heritage designations, site plan control agreements, holdings).
A complete and up-to-date copy of both the Town’s zoning by-law and Official Plan are available above. A zoning schedule (zoning map) is also available and can be used to identify the zone in which a property is located.
For questions regarding additional bylaws registered on the title of the property, please contact the Planning Department.
What is an Official Plan?
An Official Plan is a policy adopted by the Municipal Council for the purposes of:
- Guiding future growth in a logical and orderly manner;
- Protecting existing development from the adverse effects which may arise from incompatible development and redevelopment; and
- Correcting any errors of past development so as to ensure a healthy growth which will benefit all residents of the Town.
What is an Official Plan amendment?
An Official Plan amendment is a bylaw passed by the Municipal Council adjusting the current Official Plan land use designation of a specific property or group of properties. An Official Plan amendment is usually done in conjunction with a Zoning By-law amendment.
The Official Plan Amendment Package consists of:
What is a Zoning By-law?
A zoning by-law is a document passed by the Municipal Council that lays out the day-to-day administrative duties and puts into effect the policies set out in the Town’s Official Plan. The zoning by-law states exactly:
- What uses are permitted on the lands;
- Where buildings and structures can be located;
- The types of buildings and specific uses of the building;
- The lot area and dimensions, setbacks and height restrictions;
- The amount of landscaped open space and parking required for the use;
All sections of the zoning bylaw are legally enforceable and any construction or new development that does not comply with the zoning by-law is not allowed to occur.
What is a Zoning By-law Amendment?
A zoning amendment is a change in zoning and may be necessary for any new construction or develop in the Township. The first step to deciding if an amendment is necessary is to contact the Planning Department. In some cases, a zoning amendment may also be accompanied by an Official Plan amendment.
The Zoning By-law Amendment Application package includes:
Land Supply and Boundary Expansion:
Background reports for the Official Plan (2009)
What is a Minor Variance?
A Minor Variance is a small variation from the requirements of the zoning by-law. A Minor Variance approval is a certificate of permission, because it allows the property owner to obtain a building permit even though their property does not comply precisely with the zoning by-law. Under Section 45(1) of the Planning Act there are four tests a Minor Variance must meet:
- Is the application minor?
- Is the application desirable for the appropriate development of the lands in question?
- Does the application conform to the general intent of the Zoning By-law?
- Does the application conform to the general intent of the Official Plan? It is important to note that to consider any application a minor variance it must meet all four tests.
Who needs a Minor Variance?
If your proposed change doesn't conform exactly to the zoning by-law, but follows its general intent, you can apply for a Minor Variance. For example, you might want to locate something on your property, but the shape of your lot won't allow you to meet the minimum setback requirements.
To obtain a Minor Variance, you have to complete a Minor Variance Application and apply to the Township Committee of Adjustment (comprised of all Council members) to deal with minor problems in meeting by-law standards. The Committee will hold a public hearing and decide on your application. Anyone who disagrees with the decision has 20 days to appeal to the Ontario Municipal Board. The appeal should be filed with the Secretary-Treasurer of the Committee. You should set out the reasons supporting the objection and include the fee required by the Board.
The OMB has the power to dismiss your appeal without holding a hearing. The OMB can allow or dismiss your appeal or amend the application in any way it sees fit.
A Minor Variance does not change a zoning by-law. It simply excuses you from a specific requirement of the by-law and allows you to obtain a building permit.
The Minor Variance Process:
The landowner or agent submits the completed Minor Variance Application along with the fee.
A hearing will be held within 30 days of receipt of the Application.
Notice of Public Hearing is mailed to everyone within 60m of the subject property, applicable agencies and the Applicant/Agent is contacted and responsible for the posting of a sign (provided by the Township) on the subject property.
Notice must be given at least 10 days prior to the hearing.
The Township Planner prepares a planning report and it is presented to the Committee of Adjustment at a Public Meeting.
Notice of Decision must be given no later than 10 days after the date of decision.
If the Variance is granted, Notice of Decision is mailed to the Applicant and all other individuals who asked to be notified.
If a Minor Variance is NOT granted, the Applicant, Minister or any person with interest in the matter may appeal to the Ontario Municipal Board by filing Notice of Appeal with the Secretary-Treasurer of the Committee of Adjustment with 20 days of the decision.
If there are no appeals after 20 days, then staff will produce a Notice of No Appeal. The Variance is complete at this stage.
All remaining fees will be paid at the time of building construction if new a building or renovations are to be completed.
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