CONSENT APPLICATION
INFORMATION
WHAT DO I NEED TO KNOW
BEFORE APPLYING FOR A CONSENT?
FEES and OTHER MATTERS:
1)
The Township does not
complete the application. It is the responsibility of the applicant to submit a
properly completed application. Section 8
map must be completed showing all requested information. However
information including the Official Plan and zoning information is available
from the Township Office.
2)
The Township charges an application fee of $300.00 fee for one lot and
$150.00 more for each additional lot proposed to be created. The fee is payable
to the Township and must accompany the application. The applicant is responsible for all additional costs as well, such as
an outside planning report, lawyer fees etc.
3)
The
4)
The Township will require a notice from the Northwestern Health Unit.
The notice will certify that the severed and the retained lot are capable of
supporting a septic system. The fee for this is $250.00 for each lot to be
created. The fee is payable to the Northwestern Health Unit. 807 274-9827.
5)
The new lot(s) will need to be surveyed on a reference plan. There is a
fee for the services of the surveyor. You should check with a surveyor for the
cost of a reference plan.
6)
Your application may require a rezoning of the property or an Official
Plan Amendment. There is a fee for this and depending on the complexity of the
application the Township fee ranges starts at $250.00.
7)
If the consent application or if required, the rezoning application is
appealed to the Ontario Municipal Board there will be additional costs.
8)
If the new lot created needs an entrance off a
9)
Refer to the attached Question and Answer pages for further
information.
10)
The municipality requires 8
copies of the application.
211
Rainy
River, ON
P0W
1L0
Phone
& Fax 807 852-3529
APPLICATION FOR CONSENT UNDER SECTION 53 OF THE PLANNING ACT
PLEASE PRINT AND COMPLETE OR
( X ) APPROPRIATE BOX(ES)
1.
Application
Information Date of Application :
1.1 Name
of Owner(s). An owner’s authorization is required in Section 13.1, if the
applicant is not the owner.
Name of Owner(s) Home telephone No Business Telephone No
Address Postal Code email address
1.2 Agent/Applicant: Name of the person who is to be contacted about the application, if different than the owner.
(This may be a person or firm acting on behalf
of the owner).
Name of Contact Person/Agent Home telephone No Business Telephone No
Address Postal Code email address
2.
Location
of the
|
2.1 Rainy River District |
|
|
Section Number |
|
Concession Number |
|
Registered Plan No. |
|
|
Reference Plan No. |
Part Number(s) |
Municipal Address |
Parcel Number |
2.2 Are there any easements or restrictive covenants affecting the subject land?
___NO ___Yes If Yes, describe the easement or covenant and its effect.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
3.
Purpose
of this applicant
3.1 Type and purpose of proposed transaction. (check appropriate spot)
Transfer ___ Creation of a new lot ___ Addition to a lot ___ An easement ___ Other purpose
Other ___ A charge ___ A lease ___ A correction of title
3.2 Name of persons(s), if known, to whom land or interest in land is to be transferred, leased or charged
____________________________________________________________________________________________________
3.3 If a lot addition, identify the lands to which the parcel will be added.
____________________________________________________________________________________________________
4.
Description
of Subject land and servicing information (Complete each subsection for either
existing or proposed service).
4.1 Description Retained
Severed Lot # 1 Severed Lot # 2 Severed
Frontage (m) _______________________________________________________________________________
Depth (m) _______________________________________________________________________________
Area (ha.) _______________________________________________________________________________
4.2 Use
of Property
Existing Use(s) _______________________________________________________________________________
Propose _______________________________________________________________________________
4.3 Buildings
or structures
Existing (date of built) _______________________________________________________________________________
Proposed _______________________________________________________________________________
4.4 Access
(check appropriate space)
Provincial Highway _______________________________________________________________________________
Municipal road year round_______________________________________________________________________________
Municipal road, seasonal _______________________________________________________________________________
Right of way _______________________________________________________________________________
Water Access(describe below) ___________________________________________________________________________
Describe in section 11 the parking and docking facilities to be used and the approximate distance of these facilities from the subject land and the nearest public road.
4.5 Water
Supply
Publicly owned & Operated
piped water system ___________________________________________________________________________
Privately owned & operated
individual well ___________________________________________________________________________
Privately owned & operated
communal well ___________________________________________________________________________
Other means ___________________________________________________________________________
4.6 Sewage
Disposal Retained Severed Lot # 1 Severed Lot # 2 Severed
Publicly owned & operated
sanitary sewer system _____________________________________________________________________________
Privately owned & operated
individual septic system ______________________________________________________________________________
Privately owned & operated
communal septic system ______________________________________________________________________________
Privy ______________________________________________________________________________
Other means ______________________________________________________________________________
4.7 If access to the subject land is by private road, or if “other public road” or “right of way” was indicated in Section 4.4., indicated who owns the land or road, who is responsible for its maintenance and whether it is maintained seasonally or all year.____________________________________________________________________________________________________________________________________________________________________________________________________
5.
Land Use
5.1 What is the existing official plan designation(s) of the subject land?______________________________________________
5.2 What is the zoning of the subject land? _____________________________________________________________________
5.3 Are any of the following uses or features on the subject land or within 500 metres of the subject land, unless otherwise specified? Please check the appropriate boxes, if any apply.
Use or Feature On the Within 500 metres of subject land
Subject Land unless otherwise specified.
An agricultural operation including livestock facility or stockyard ______________________________________
A landfill ______________________________________
A sewage treatment plant or waste stabilization plant ______________________________________
A provincially significant wetland (Classe 1, 2 or 3 wetland) ______________________________________
A provincially significant wetland within 120 metres of subject land ______________________________________
A Flood plain ______________________________________
A rehabilitate mine site or non-operating mine with 1km ______________________________________
An active mine site ______________________________________
An industrial or commercial use, and specify the use(s) ______________________________________
An active railway line ______________________________________
A municipal or federal airport ______________________________________
Utility corridors ______________________________________
6.
History
of the
6.1 Has the subject land ever been the subject of an application for approval of a plan of subdivision under Section 51 or consent under Section 53? __No __Yes If yes and if known, provide the file number and the status of the application. And further provide for each parcel severed, the date of transfer, the name of the transferee and the land use.
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
6.2 Has any land been severed from the parcel originally acquired by the owner of the subject land? __ No ___Yes. If yes provide for each parcel severed, the date of transfer, the name of the transferee and the land use.
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
6.3 If this application is a re-submission of a previous consent application, describe how it has been changed from the original application_________________________________________________________________________________________
7
Current
Applications
7.1 Is the subject land currently the subject of any other application under the Act, such as an application for an amendment to an official plan?
___No ___Yes. If yes and if known, specify the file number and status of the application________________ ____________________________________________________________________________________________________
7.2 Is the subject land currently the subject of any application for an amendment to a zoning by-law or a Minister’s zoning order, an application for a, minor variance, or an application for an approval of a plan of subdivision or a consent? ___No ___Yes if yes & known specify the file number & status.
____________________________________________________________________________________________________
8 Sketch (Use the attached Sketch Sheet and use metric units)
The application shall be accompanied by a sketch (including a suitable key map) showing the following:
· the boundaries and dimensions of any land abutting the subject land that is owned by the owner of the subject land;
· the approximate distance between the subject land and the nearest township lot line or landmark, such as a bridge or railway crossing;
· the boundaries and dimensions of the subject land, the part that is intended to be severed and the part that is intended to be retained;
· the location of all land previously severed from the parcel originally acquired by the current owner of the subject land;
· the approximate location of all natural and artificial features (for example, buildings, railways, roads, watercourses, drainage ditches, banks of river or stream banks, wetlands, wooded areas, well and septic tanks) that,
(i) are located on the subject land and on land that is adjacent to it, and
(ii) in the applicant’s opinion may affect the application;
· the current uses of land that is adjacent to the subject land (for example, residential, agricultural or commercial);
· the location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public traveled road, a private road or a right of way
· if access to the subject land will be by water only, the location of the parking and boat docking facilities to be used and
· the location and nature of any easement affecting the subject land.
9. Is this application consistent with policy statements issued under subsection 3 (1) of the Planning Act? ___Yes ___No.
10 Is the subject land within an area of land designated under any provincial plan or plans? ___No ___Yes. If yes state whether the application conforms to or does not conflict with the applicable provincial plan or plans _____________________________ ____________________________________________________________________________________________________
11 Other
Information
Is there any other information that you think may be useful to the Township or other agencies in reviewing this application? If so, explain below or attach a separate page.
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
12 Affidavit or Sworn Declaration
I/WE ________________________________________________of the______________________________________________
in the District of Rainy River, make oath and say (or solemnly declare) that the information contained in this application is true and that the information contained in the documents that accompany this application is true.
SWORN (or declared) before me
at the__________________________
in the__________________________
this _________ day of ______________ 200 ___________________________________________________
Applicant
____________________________________ ___________________________________________________
Commissioner of Oaths/Notary Public Applicant
13 Authorizations
13.1 If the applicant is not the owner of the land that is the subject of this application, the written authorization of the owner that the applicant is authorized to make the application must be included with this form or the authorization set out below must be completed.
AUTHORIZATION OF OWNER FOR AGENT TO MAKE THE APPLICATION
I/WE______________________________________________________, am/are the owner(s) of the land that is subject of this
application for a consent and I/we authorize ________________________________ to make this application on my/our behalf.
______________________________ _______________________________ ______________________________
Date Signature of owner Signature of owner
13.2 If the applicant is not the owner of the land that is subject of this application, complete the authorization of the owner
concerning personal information set out below.
I/we ________________________________________________________, am/are the owner(s) of the land that is subject of this application for a consent and for the purposes of the Freedom of Information and Protection of Privacy Act, I authorize
_____________________________________ as my agent for this application, to provide any of my personal information that will be included in this application or collected during the processing of the application.
______________________________ _______________________________ ______________________________
Date Signature of owner Signature of owner
14 Consent of the Owner
Complete the consent of the owner concerning personal information set out below.
CONSENT OF THE OWNER TO THE USE AND DISCLOSURE OF PERSONAL INFORMATION
I/we _______________________________________________________ am/are the owner of the land that is the subject of this consent application. And for the purposes of the Freedom of Information and Protection of Privacy Act, I authorize and consent to the use by or the disclosure to any person or public body of any personal information that is collected under the authority of the Planning Act for the purpose of processing this application.
_____________________________ _______________________________ ______________________________
Date Signature of owner Signature of owner
SKETCH SHEET
Sketch Accompanying
Application (Please use metric units)
Q&A Applying for a Consent To Create a New
Lot? Tips that can help.
These
tips are intended as a guide to help you decide it your proposed lot might
quality for a severance through the consent application process. There are
other factors which may be considered in assessing your application for
consent.
Is there an official plan
for your area?
Yes, the official plan is a local land use planning documents adopted by the municipality
and approved by the province. It reflects provincial and local planning issues
and among other things, establishes policies for lot creation.
Your proposed lot must conform to the requirements
of the official plan and have regard to the Provincial Policy Statement under
section 3 of the Planning Act.
Is there an official plan and a zoning by-law for your
area?
Yes, a zoning by-law exists in your area. It sets
out specific requirements for new development (e.g. minimum lot size, frontage
acceptable access etc.).
Your proposed new lot must conform to the zoning
controls.
The municipal Clerk can help you interpret the
official plan and zoning by-law.
Is consent the way to go?
Generally the creation of new lots by consent may be
considered where:
·
only one to three are proposed;
·
no more than two lots have been severed from the
parcel since adoption of the official plan;
·
the new lot and the remaining lot will have
access to an existing publicly-owned and maintained road or for cottage lake or
remote lots have adequate parking & docking facilities available;
Where can new lots be created?
Generally only limited development is permitted in
rural areas. This helps protect the natural environment, the natural resources
and the character of rural areas and also discourages the inefficient provision
of services.
New lots created for permanent year-round use should
be located in existing, built-up areas.
All new lots must be suitable for their intended use. For example, new lots must be large enough to accommodate the proposed building and all servicing requirements.
Where
new lots can’t be created?
Generally, lots cannot be created on provincially
significant wetlands, prime agricultural lands, lands containing mineral
aggregate resources, hazardous lands such as steep slopes and areas susceptible
to flooding or where fish or wildlife habitats will be disturbed.
New lots will not be created where they are not compatible with surrounding land uses. For example, a new lot for a house probably would not be permitted next door to a factory or a waste disposal site.
What kind of access do new
lots need?
Any new
lot must have safe, long-term access for all vehicles, including service and
emergency vehicles.
Generally, this means:
· lots should be located on publicly-owned road(s) which are
maintained year round;
· a
limited number of seasonal residential lots on private roads may be considered,
on an in-fill basis, provided they won't be converted to permanent residential
use and they have registered rights-of-way with direct access to a public road;
·
water access may be acceptable for cottage lots if the
lots are on an island or in a remote location, where future demand for road access
is not anticipated; lots should be located within a reasonable distance to
publicly-owned and maintained parking, docking and boat launching facilities.
What kind of services do new
lots need?
In general:
· a new lot must be acceptable
for the installation of a septic tank and tile bed system and wells;
·
lake water for cottage lots may be permitted, subject to
the approval of the Ministry of the Environment and Energy and/or local Health
Unit.
What happens to my
application after l submit it to the Township?
The Township is required to give notice of a
complete application to persons and agencies that may have an interest in the
proposed consent. This can occur in 2 ways: (1) by mail or personal service to
all landowners and any condominium corporation within 60 metres of the subject
land, or (2) by publishing a notice in a local newspaper.
If the Township decides to approve the application,
in most cases there will be conditions stipulated and these conditions must be
fulfilled prior to granting the consent. The applicant has one year to fulfil
conditions, otherwise the application is deemed to be refused. The applicant or
any person or public body can appeal the decision and any or all of the
conditions to the Ontario Municipal Board within 20 days of the giving of the
notice of decision.
If the Township proposes not to approve the
application, the Township will send a notice, giving the reasons for the
proposed refusal. The applicant or any person or public body has up to 20 days
from the giving of the notice to appeal the decision to the Ontario Municipal
Board. If at the end of 20 days there is no appeal, the decision to refuse
becomes final.
The applicant can appeal the application to the
Ontario Municipal Board if a decision has not been reached on the consent
request within 180 days of the Township's receipt of an application that
contains all of the prescribed or mandatory information. Before filing a notice
of appeal, the applicant should determine the status of the file since it might
be possible for the Township to make a decision on the application within a
reasonable time. If all the necessary information is submitted at the time of
application, delays in processing the application can be avoided.