A severance is also commonly referred to as consent. Consent is required if you want to sell, mortgage, charge or enter into (for at least 21 years) a portion of your land.
SDG planning review fees are set out in the County's Tariff of Fees By-law and include an initial application fee of $860 as well as an additional fee of $220 to stamp deeds and issue final consent.
If your property has frontage on a County Road there is a $210 fee for the County Engineer's review and comments on your application. This fee is required at the time you submit your application.
The County collects the review fee for the Conservation Authorities; their review is required under the Planning Act. The Authorities' fees are set out by their Board of Directors. The fee must be paid when the application is submitted, and is only payable by cheque. The fee is collected up-front to ensure that your application is reviewed in a timely fashion, and to avoid unnecessary delays. The amount of the fee depends on which area you are in. Please confirm the Conservation Authority fee with the County Administrative Assistant-Planning.
You must pre-consult with your local municipal staff and the Department of Transportation and Planning Services at the County before submitting an application to the County. They will tell you how to apply, what supporting material you need (e.g. sketches, plans), if there are any special requirements, and if any other permits and approvals (e.g. a septic tank permit) may be required.
The initial administrative portion of the application process does not require you to have legal counsel. Please note you will require a solicitor to complete final steps including deeds, transfers, and registration of legal documents.
The most recent consent application form provided by the County must be completed by the applicant. The County will review the application to be sure it is complete before processing and circulating the application for comments.
Applications consist of:
- a completed application form
- a sketch showing:
- the dimensions and locations of buildings and structures;
- the proposed "severed" site and "retained" site;
- other related matters (i.e. watercourses, natural features).
More detailed requirements can be discussed with the Administrative Assistant-Planning.
Applications are reviewed by agencies including the local Municipality, Conservation Authorities and public utilities for comment. The comments form the conditions of provisional approval. The Planning Act allows 90 days for the application to be considered before a decision is made. If all comments and fees are received, a file can be reviewed sooner. The Manager of Planning will review and make a decision on the application on behalf of the County.
If the application is approved with conditions (most common result) applicants have one year to fulfill the conditions. If the conditions are not fulfilled within a year the application will lapse and a new application with full fees will be required.
Occasionally a decision is appealed to the Ontario Municipal Board. It should be noted that applicants are required to defend their approval and should be prepared to hire any consultants or legal counsel necessary for the Ontario Municipal Board hearing.
Each application for land severance is evaluated against criteria such as:
- policies of the Official Plan and compatibility with neighbouring land use;
- compliance with local zoning by-laws;
- suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created;
- adequacy of access, water supply, and sewage disposal;
- protection of agricultural lands and uses; and
- protection from potential flooding and other hazards.
In considering a consent application, the consent granting authority shall ensure that the decision shall be consistent with the Provincial Policy Statement.