Severances

The indiscriminate division of land without anyone's approval could have a long-term, negative impacts on your community. For example, it could result in compromised well water from too many septic systems, or unsafe road access, etc. Or it might result in damage to the natural environment including lakes, because lots are too small to meet adequate setbacks and sewage disposal systems.

Official approval is required to ensure that:

• land severances are considered within an established community planning framework;

• new lots and new land uses do not conflict with the overall future planning goals and policies of your community;

• consideration is given to the effects of the division of land on the site, on the neighbours and on the community as a whole.

The County of Lanark was given approval authority for consents (severances) in June 1973. This task is handled by a Land Division Committee composed of three non-elected persons appointed for a four-year term coinciding with the term of Council. The Land Division Committee meets monthly.

Before you apply for a land severance, consult the Township Planner for necessary supporting materials, to determine if there are any specialized severance requirements set out in the Official Plan, and if other permits and approvals are required. There will be an applicable fee for the review of your application. Further information and application forms are available on the County of Lanark website.

In considering each application for land severance, the proposal is evaluated against criteria such as:

• conformity with the Official Plan and compatibility with adjacent uses of land

• 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 vehicular access, water supply, sewage disposal

• the need to ensure protection from potential flooding, etc.

The application is reviewed by the Lanark County Land Division Committee with comments received from the Council of Tay Valley Township, the applicable Conservation Authority and the Mississippi Rideau Septic System Office and the public.

A severance approval may have certain conditions attached to it including requirements for road widening, parkland dedication, or a rezoning (or minor variance) to allow a new land use. In addition, the property owner may be required to enter into an agreement with the municipality to provide future services or facilities. Severance conditions must be met within one year.

When all the conditions have been met by the applicant, a certificate is issued by Lanark County, and the severance goes into effect after it has been registered in the Land Registry Office.

If the transaction originally applied for (such as a sale of property) is not carried out within two years of the date of the certificate, the severance is considered lapsed. A shorter period of time with an earlier lapsing date can be specified by the consent-granting authority at the time of the severance decision.