Subdivision Background
Subdivisions are defined as the division of land into 2 or more parcels. This includes a simple lot line adjustment, but with respect to this approval process, does not include a site consolidation. Regulations governing subdivisions are contained in the Land Title Act and the Local Government Act.

Approval
Subdivisions must be approved by the Approving Officer. The documents are then sent to the Land Title Office in Kamloops for registration. Land Title Office staff prepares documents known as Certificates of Indefeasible Title for each new parcel. At the top of the Certificate of Title, the owner of the parcel is shown as registered owner in fee-simple. Fee-simple basically means that the owner has an absolute right to deal with the land as he/she sees fit, subject to the law. Subdivisions of this type are commonly referred to as fee-simple subdivisions.

Strata subdivisions are a different matter and are not covered by this brochure.

Services Provided
The Works and Services Bylaw establishes levels of works and services to be provided within and adjacent to a subdivision. The Bylaw also outlines design guidelines and construction standards. The applicant is responsible for all costs to provide the required works and services.

Prior to any works and services construction, engineering design drawings must be approved by the Development Services Department.

Before a final subdivision plan can be approved, the developer has the option to:

• Install required works and services
• Provide security to guarantee works and services construction (requires Council/Developer agreement)
• When required works and services are on an existing road right-of-way, pay the estimated costs for the Town crews to install same

Why You Need to Obtain Approval for Subdivision
The Local Government Act and Land Title Act of British Columbia require that all subdivisions be approved by the Approving Officer. Approval for subdivision is needed in order to ensure that the community’s standards are met as detailed in the Zoning and Works and Services Bylaws with regard to:

• Adequacy of open spaces and walkways
• Adequacy of roads, lanes and emergency vehicle access
• Adequacy of sanitary sewer, water, drainage, street lights, and other services
• Compatibility of overall subdivision pattern with the neighbourhood
• Preservation of natural features like ravines, streams, trees
• Protection of opportunity for future subdivisions for lands adjacent to or beyond the lands being subdivided
• Size and shape of lots, and adequacy of buildable area

Procedure for Subdivision

1. It is recommended that the applicant make preliminary inquiries to the Development Services Department regarding the general feasibility of the proposal prior to submitting an application for subdivision (ie: check zoning of the property, basic lot requirements, etc.).
2. The applicant completes the standard application form and submits same, together with the required application fee, a copy of the Certificate of Indefeasible Title, the written authorization of the registered property owner, and four (4) copies of a sketch plan showing all existing services, proposed lot lines, dimensions, existing buildings, and any other pertinent features.
3. The application is processed and reviewed. Factors considered include: road widening, works and services requirements, Zoning Bylaw, floodplain, soil stability, development cost charges, park dedication, and public interest.
4. The Local Government Act requires that, when a subdivision creates 3 or more additional lots, the owner must provide up to 5% of total area as parkland, or pay the equivalent assessed value to the Town (at the Town's discretion).
5. Following the review by the Development Services Department, the application is either denied or given Preliminary Layout Approval (signed by the Approving Officer), which is valid for 180 days. The applicant is informed of the servicing and other requirements, which must be met prior to final subdivision approval.
6. If works and services are required, the applicant must provide Construction Drawings prepared by a Professional Engineer. These Construction Drawings will be reviewed by the Development Services and Engineering & Public Works Departments, in consultation with the Approving Officer.
7. If the required works and services are to be installed on an existing road right-of-way, installation is generally performed by the Town. In this case, the applicant pays all costs for these works.
8. The final plans are reviewed by the Development Services Department and other departments or agencies as deemed necessary. The application either may be rejected by the Approving Officer or granted final approval (valid for 90 days). Factors considered:
   1. Property taxes must be paid
   2. Works completed or agreement signed
   3. Utility easements in place (if applicable)
   4. Restrictive covenants in place (if applicable)
   5. Development cost charges paid
   6. Buildings removed (if applicable)
   7. Maintenance security posted
9. Following approval of the Construction Drawings, and before the required works and services can be installed:
   1. Inspection fee must be paid
   2. Contingencies must be paid
   3. A per-construction meeting may be required
10. The applicant may postpone construction of a portion of the required works and services until after the final approval of the subdivision, if security is posted (Letter of Credit, term deposit or cash) and a servicing agreement is entered into between the Town and the applicant.
11. The applicant has a B.C. Land Surveyor prepare the final Subdivision Plan. The original plan, plus 3 copies, are submitted to the Approving Officer for final approval and signature.
12. The applicant, or his/her agent, submits the approved subdivision plan to the Land Title Office in Kamloops for registration.
13. Within 14 days of being registered, the applicant is to forward to the Development Services Department copies of the registered plans, documents and State of Title Certificate, as proof of registration.