A Guide to the Municipal Approvals Process in Chilliwack
The City of Chilliwack is providing this information, to assist you in understanding the process of subdivision. This information describes:
Upon review of the following information anyone intending to submit a Subdivision Application is urged to contact the Development and Regulatory Services Department, Land Development Division, for assistance.
What constitutes a Subdivision?
Subdivision is the legal mechanism used to create new parcels of land. The subdivision of a property or properties may involve one of the following procedures:
What is the purpose of the Subdivision process?
The Provincial Government has granted municipalities the power to regulate the process of subdivision of land. Prior to registering the subdivision plan in the Land Title Office, it must first have the approval of the City’s Approving Officer. The Approving Officer ensures each Subdivision Application is evaluated with respect to:
The Approving Officer may refuse to approve a subdivision plan if he considers the proposal is against the public interest.
Subdivision Approval Process
1. Pre-application stage
Prior to submitting an application of Subdivision, contact the Development and Regulatory Services Department, Land Development Division, to discuss the feasibility of your proposal with respect to:
To assist staff in this preliminary discussion, submit a sketch of your property. The sketch should:
Please use a convenient scale for the sketch.
2. Application Subdivision
A completed Preliminary Application for Subdivision is submitted by the Applicant to the Approving Officer with the Development and Regulatory Services Department and includes the following:
The Preliminary Subdivision Plan should detail:
3. Application Review and Reporting
The Subdivision Approving Officer coordinates the review of your Application, which involves other Municipal Departments and outside agencies. For example:
Municipal Engineering Department - The Engineering Department reviews the proposal with respect to servicing requirements, including roads, water, sanitary sewer and drainage.
Fraser Valley Health Unit - Application will be forwarded to the Health Unit if a community sanitary sewer is not available to the property (approval time 3 – 4 weeks or longer if the Environmental Health Inspector requires additional information).
Ministry of Transportation and Highways (MOTH) - If the property lies adjacent to the Trans-Canada Highway, the Application will be forwarded to appropriate Ministry for comment and approval with respect to the Highway Act (approval time 1 – 2 months).
Ministry of Environment (MOE) - If property lies within a Provincially designated floodplain, and is not exempted, then the Water Management Branch will be requested to comment upon the proposed Subdivision. The property owner(s) will be required to enter into a Restrictive Covenant with the City and subsequently to construct to the Flood Construction Levels specified (approval time 2-4 months).
Agriculture Land Commission (ALC) - If the property lies within the Agricultural Land Reserve, it may be necessary to first acquire the approval of the ALC prior to submitting the application for Subdivision (approval time 2 – 4 months).
Once the approval/comments and requirements are received from Municipal Departments and outside agencies, the Approving Officer will issue a letter for the following:
4. Conditional Approval – Preliminary Letter of Approval (PLA)
When the Approving Officer is satisfied that preliminary approval may be given to a proposed Subdivision, a Preliminary Letter of Approval is sent to the applicant listing all of the requirements and conditions which must be met prior to the Approving Officer granting final approval by signing the legal survey plan (and thus permitting its registration). Examples of requirements which must be fulfilled could include:
5. Final Approval and Registration
Once all the requirements set out in the PLA have been satisfactorily completed, the Approving Officer is able to give final approval to the Subdivision by signing the final legal survey plan. In accordance with the Land Title Act the registration of the Subdivision plan at the Land Title Office in New Westminster must take place within 60 days or the re-approval of the Approving Officer must again be obtained.
How much time does the process take?
The amount of time to process a Subdivision Application is largely dependent upon the complexity of the Application. In addition, the time frame is affected by how long it takes you to meet specific servicing and other requirements detailed in the PLA. On average, a Subdivision Application takes 3 to 6 months to receive Final Approval once an Application has been submitted.
Upon registering the plan in the Land Title Office additional approvals may be required prior to beginning construction.
Building Permit Approvals – Building Permit approval is required prior to starting construction of all buildings.
Development Variance Permits – a Development Variance Permit may be required to vary a provision of City Bylaws.
For information related to your specific application and the time it will take to process your proposal for Subdivision, contact the City of Chilliwack, Development and Regulatory Services Department, Land Development Division, at 8550 Young Road, Chilliwack, B.C. V2P 8A4. Phone (604) 793-2902 Fax (604) 793-2285.
General Subdivision Process
This information has been prepared to provide guidance only. It is neither a bylaw nor legal document. Please consult the Local Government Act and its Regulations and the City of Chilliwack Bylaws and applicable Codes for definite requirements and procedures.
The City of Chilliwack has prepared this brochure to assist you in understanding “Tree Management (Land Development) Bylaw 2008, No. 3585” and the submission requirements for Tree and Green Space Management Plans.