Planning Department

 Amendment to the Official Plan

Any form of development proposal that does not coincide with the intended designations in the Official Plan will require an Official Plan amendment or modification. For example, if a landowner intends to develop a shopping centre on a parcel of land intended for residential purposes in the Official Plan, he will need to submit an Official Plan amendment and provide the necessary studies and analysis to justify the change of designation.

1. Meet with the planners at the United counties of Prescott and Russell Planning and Forestry Department and the Township Planning Department in order to determine if an Official Plan amendment is required or if the proposed development is appropriate for the site or if there is another way in which the development could be accomplished. 
2. Submit a formal application along with the supporting documents and pay the applicable fees. 
3. File a Zoning By-Law amendment
4. When a complete application for amendment is received, it is circulated to various departments and agencies for review and comments.
5. A date is fixed for a meeting during which the application for amendment will be presented to the public, a sign will be installed on the property briefly describing the proposal and a notice will be sent to every landowner located within a radius of 120 metres of the concerned property.
6. A report containing the comments and recommendations from the Planning Department will be submitted to the Municipal Council.
7. If Council approves the proposed amendment, it will pass a by-law which will be circulated to landowners located within the 120-metre radius and to every individual who has requested a copy of Council's decision. A 20-day appeal period is provided from the date the notice is sent.  If no appeal is filed by the end of the appeal period, the amendment becomes law.

Stated for the Zoning By-law 2009-50

Land Severance

An application for consent (land severance) consists in splitting a parcel of land from an existing property in order to create a new lot.

If you are the owner of a parcel of land and you intend to sever a portion in order to create a new lot, you should consult with the Planning and Forestry Department at the United Counties of Prescott and Russell (Approval Authority) or with the Township's Planning Department in order to determine if, in fact, it will be possible for you to proceed with a consent and sever a portion of your property.

In some cases, severances may be restricted or simply prohibited.

1. Submit the required forms to the Approval Authority at the UCPR Planning and Forestry Department
2. Provide the supporting documents
3. Pay the applicable fees.
4. When your application is received and deemed complete, a copy will be sent to the various municipal departments and agencies for comments, recommendations and conditions of approval.  A sign briefly describing the application will be posted on the concerned property and a notice will be sent to landowners located within a 60-metre radius of the property.
5. A report from the Planning Department containing the observations, recommendations and conditions for the consent approval will be presented to Council for approval.
6. The Approval Authority will be informed of Council's decision.

The Approval Authority will make a decision and compile all the conditions for approval.

Draft Plan of Subdivision Approval Process

The draft plan of subdivision approval process applies to applications to create lots intended for residential, commercial and industrial purposes.

1. Before anything else, you should consult a representative from the Planning and Forestry Department of the UCPR or of the Township's Planning Department in order to identify the policies and designations affecting your property and establish if it can be the subject of a subdivision proposal.
2. The municipality will need to allocate and reserve capacities at its water filtration and at its waste water treatment plants to accommodate the dwelling units and the commercial and industrial uses proposed in the draft plan of subdivision. 
3. If your property is suitable for a development proposal, the Approval Authority (UCPR) will require that you file a complete application, meaning that in addition to submitting an application for approval, you will be asked to provide all the necessary supporting documents with your development proposal. Soil, hydrogeological and archeological studies, environmental impact analysis, storm water management plans, engineering plans, road network, etc. are some examples of supporting documents that will be required in order to review the application for approval of a draft plan of subdivision.
4. An application for approval for a draft plan of subdivision seldom requires an Official Plan and Zoning By-Law amendment.  All of these applications can be processed jointly.
5. The municipality and the agencies will be consulted in order to establish the list of conditions for approval of the draft plan of subdivision.
6. A notice will be sent to the landowners located within a radius of 120 meters of the property, subject to the approval application, a sign will be installed at the location and the application for approval of a draft plan of subdivision will be presented during a public meeting to the concerned individuals attending the meeting.
7. The Planning Department will file a report to Council containing the recommendations and conditions for approval of the draft plan of subdivision.
8. Council will pass a resolution listing all the conditions for approval of the draft plan of subdivision and a copy of the resolution will be sent to the Approval Authority (UCPR).
9. The Approval Authority will make its decision and inform you of the list of conditions that will need to be completed before you may proceed with the registration of the draft plan of subdivision.
10. The municipality will require the completion of a subdivision agreement and the deposit of financial guarantees.
11. The Approval Authority will grant a three-year period to the landowner to complete the list of conditions.
12. When all the conditions are satisfied and the subdivision agreement is signed, it will be possible to register the draft plan of subdivision. At this point, all the proposed lots within the draft plan of subdivision are created and can be sold separately.

The draft plan of subdivision becomes a final plan of subdivision.

Minor variances

Before anything else, you should first meet with the Township Planning Department in order to determine if, in fact, a minor variance is required or if the current situation or the proposed development requires an amendment to the Zoning By-Law.

A minor variance can only be granted if the following criteria are met:

• The variance is minor;
• The variance is desirable for the appropriate development or use of the property
• The general intent and purpose of the Zoning By-Law are maintained; and,
• The general intent and purpose of the Official Plan are maintained.
• Each situation is unique in its own right.

A situation that appears as being minor in one case may appear major in another case.

1. You will need to submit an application to the Minor Variance Committee by completing the prescribed form along with a copy of the building location survey showing the location of the main building and accessory structures on the property and pay the applicable fees.
2. The Minor Variance Committee cannot grant a variance that would constitute a change to the Zoning By-Law.
3. When the complete application for minor variance is received, a date is set for a meeting during which the application for minor variance will be presented to the public.  A sign will be installed on the property briefly describing the proposal and a notice will be sent to every landowner located within a radius of 60 metres of the concerned property.
4. A report containing the comments and recommendations from the Planning Department will be submitted to the Committee.
5. If the Committee grants a variance, a copy of its decision will be circulated to landowners located within the 60-metre radius and to every individual who has requested a copy of the Committee's decision.

A 20-day appeal period is provided from the date the notice is sent.  If no appeal is filed by the end of the appeal period, the minor variance is granted.

Part Lot Control

The Part-Lot Control process is a provision of the Planning Act which regulates selling or conveying part of a lot on a registered plan of subdivision.

The provision was enacted in order to help stop the uncontrolled division of land which was occurring in contravention of the intent of the Act. However, under certain circumstances, the provision may be relaxed, allowing you to divide lots in a subdivision or to convey already constructed dwellings.

For example, the Part-Lot Control provision would be used to divide into two distinct parcels, a lot occupied by a semi-detached dwelling house and to divide into several distinct parcels (three, four, five, six, etc.) a block of land occupied by a row house comprised of as many dwelling units.

If the Part-Lot Control provision is applicable to your situation, you will need to submit an application in order for the municipality to adopt a by-law temporarily removing Part-Lot Control prescribed by the Act.

Once the by-law is enacted, the lots may be conveyed at any time and the rights for the concerned parcel may be transferred.

Site Plan

A Site Plan Control By-Law is a means by which the municipality can influence and approve the layout of a construction project such as the building location on the lot, the location of the accesses (ingress and egress), the storm water drainage scheme, the site lighting, the parking areas, the loading and unloading areas, the location and building material for the garbage enclosure, the fences, the concrete curbs, the landscaping, the location and height of the signs, etc.

The properties subject to the Site Plan Control By-Law are residential properties which contain more than three dwelling units within the same building or in a row, commercial, industrial and institutional properties.

1. The Site Plan Control By-Law applies to new construction and also to existing buildings which undergo a change of use. For example, a commercially zoned building used for residential purposes which is transformed into a professional office building.
2. The By-Law involves the approval of a Site Plan Agreement which will be registered on titles.
3. The municipality requires that the Site Plan Agreement be signed and that a deposit in the form of an irrevocable letter of credit be filed before issuing a building permit.
4. The irrevocable letter of credit is deemed necessary to ensure that the work agreed upon has been completed according to the plans contained in the agreement.
5. The irrevocable letter of credit will be waived when the work is completed in compliance with the Site Plan Agreement.
6. The Township's Planning Department will determine if a Site Plan Agreement is required for your project.
7. If a Site Plan Agreement is required for the project, you will need to retain the services of a consulting engineer and submit a formal application along with the supporting documents and pay the applicable fees.
8. When a complete application is received, it is circulated to various departments and agencies for review and comments.
9. Once the review is completed, modifications and corrections may be required to the preliminary plan prepared by your consulting engineer.
10. When the final plans are approved, the Planning Department will prepare the Site Plan Agreement for your signature and the one from the municipal representatives.
11. The agreement will be sent to a lawyer for registration and the municipality will be able to issue the building permit.

Condominium Plan Approval or Request Exemption

The condominium approval process is very similar to the subdivision plan approval process.

1. You must submit your complete application to the Approval Authority (United Counties of Prescott and Russell).
2. The agencies and the municipality will be consulted in order to establish the list of conditions for the approval of the plan of condominiums.
3. A notice will be sent to the landowners located within a radius of 120 metres of the property subject to the approval application, a sign will be installed at the location and the application for condominium approval will be presented during a public meeting to the concerned individuals attending the meeting.
4. The Planning Department will file a report to Council containing recommendations and conditions for approval of the Plan of Condominium.
5. Council will pass a resolution listing all the conditions for approval of the Plan of Condominium.  A copy of the resolution will be sent to the Approval Authority (UCPR).
6. The Approval Authority will make its decision and inform you of the list of conditions that will need to be completed before you may proceed with the registration of the Plan of Condominiums.

It is possible that the parcel of land (block of land) concerned by the application for approval of a plan of condominium is located within a plan of subdivision. If this is the case, the parcel of land has already been through a plan of subdivision approval process and a Zoning By-Law amendment pursuant to the Planning Act.  Furthermore, the condominium project is most likely part of a Site Plan Control process with the municipality.

Under these conditions, it would be possible for you to file and obtain an exemption for the Plan of Condominium approval process.

You should inquire with the Planning Department to determine if your project can be exempted from the approval process.