Draft Plan of Subdivision

What is a Subdivision Control?

In accordance with Section 50(3) of the Planning Act, Subdivision Control aims to prevent the indiscriminate subdivision of land. Subdivision Control ensures that prior to the subdivision of land occurring, regard is given to health, safety, convenience, accessibility, and the welfare of the present and future inhabitants of a municipality. One method of dividing land is by way of a Plan of Subdivision.

A Plan of Subdivision is a legal survey that illustrates:

  • the exact surveyed boundaries and dimensions of new development lots / blocks on which dwellings or buildings are to be constructed;
  • the location and width of public streets; and
  • the location of any schools, public facilities, or parks

To establish a Plan of Subdivision, a landowner must first apply for a Draft Plan of Subdivision and receive Draft Plan Approval from City Council.

The Draft Plan of Subdivision process allows for the orderly development of land, wherein the City can determine what infrastructure and public service and recreation facilities are required to serve the development, and consider the development’s impact on the surrounding community.  

When is Draft Plan of Subdivision Approval Required?

When a landowner is proposing to divide a parcel of land to create more than two new parcels, a Draft Plan of Subdivision application is required.

Consent may be deemed as an appropriate alternative in cases where:

  • the subject lands front onto an existing and open public road that is constructed to municipal standards;
  • the development is considered infilling; and / or
  • the proponent pays all fees generally related to the requirements of a Plan of Subdivision

Please contact a City Planner to confirm what approvals will be required to subdivide your land. 

Applying for Draft Plan of Subdivision Approval

A pre-consultation meeting is required in advance of applying for a Draft Plan of Subdivision. For more information, please visit the pre-consultation webpage or speak with a City Planner.

Application Submission Requirements:

  • Completed application form
  • Valid pre-consultation form / checklist
  • Signed Draft Plan of Subdivision, in metric and prepared by an Ontario Land Surveyor
  • Deed
  • Photo evidence of subdivision sign posted on subject property in accordance with the City of Niagara Falls Public Notice Sign Policy (see application form for more information)
  • Supporting studies, plans, information, and materials in accordance with the pre-consultation form / checklist. Consult the City’s Terms of Reference for guidance.
  • All required application fees to:

Draft Plan of Subdivision Process

Draft Plan of Subdivision Application

Time to Process (to decision): 120 Days

StepCity's RoleApplicants RoleTarget Timeline
Pre-Consultation

City Staff, any required agencies and an applicant will review a preliminary development proposal, discuss the nature of the proposal, any development and planning issues, the need for additional information, and the planning approvals process.

The City will provide the applicant a pre-consultation form/checklist identifying what approvals, studies, information, materials, and fees are required to proceed with a formal application. 

Applicant completes pre-consultation process3 weeks
Application Submission--Applicant submits:
  • formal application
  • studies and draft plan
--
-Reviews files (i.e., names, unlocked status) --2 days
---Applicant pays required fees1 day
-Planner assigned to file--1 day
Review for CompletenessPlanner reviews material and issues notice of complete/incomplete application.--1 week
Circulation (When Complete)Planner circulates to internal departments and external agencies. Comments and draft plan conditions are consolidated and provided to Applicant.--2 weeks
Open HouseHeld to inform and receive comments from area residents.Applicant or their agent attends to present and answer questions.Occurs 2 weeks after notice is given to residents.
Public MeetingHeld to inform and receive comments from area residents and Council.Applicant or their agent attends to present and answer questions.Occurs 30 days after notice is given in accordance with Council's schedule.
-Recommendation report with draft plan conditions is on Council's agenda. Council will make a decision on the application.----
Final ApprovalNotice of Decision given by Planner.--1 Week
-If no appeals, Declaration Notice given by Planner and Draft Plan signed by Mayor.--20 days after Notice of Decision.

Final Approval of Draft Plan of Subdivision

Draft Plan of Subdivision Application

Time to Process: Varies (Draft Plan Approval: 3 Years)

StepCity's RoleApplicants RoleTarget Timeline
Clearance of Conditions--Submits 1st engineering submission to the City's Municipal Works department.--
-

City's Municipal Works department reviews and provides comments.

Municipal Works circulates 1st engineering submission to Niagara Region.

Applicant resubmits until Municipal Works accepts plans.

Once engineering plans accepted, Applicant provides cost estimates and Environmental Compliance Approval Form (if municipal services extended) to Municipal Works.

Municipal Works provides comments within 2 weeks.
---Submits material to Planner:
  • condition clearance chart
  • draft 59M and 59R plans
  • clearance letters from agencies who imposed draft plan conditions
  • studies
--
-Planner circulates material to internal departments and Niagara Region (NPCA if applicable).--2 weeks
-Planner notifies Applicant status of draft plan conditions.----
-Planner circulates material to internal departments and/or Niagara Region that have outstanding conditions and provides comments.Applicant submits any outstanding items and/or clearance letters to Planner.2 weeks
Pre-servicing--

May request Pre-servicing approval from Municipal Works.

Environmental Compliance Approval required.

--
-Municipal Works issues Pre-servicing/Road Occupancy Permits.--2 weeks
---Coordinates with Municipal Works for inspection, material testing, and site meetings.--
Final ApprovalMunicipal Works prepares draft Subdivision Agreement and provides to Planner.--2 weeks
-Planner circulates to internal departments and agencies for review.--1 week
-Once conditions are cleared, Planner notifies Legal Services.--1 day
-Legal Services sends draft agreement to Applicant.Applicant notifies Legal Services of any revisions necessary.1 day
-Legal Services sends final agreement to Applicant's Lawyer for execution and outlines deliverables required.--1 day
---Applicant provides required material to Legal Services (i.e., securities, cash owing, PIN details, Solicitor’s Certificate, Certificate of Insurance, and draft legal documents.--
-Planner has Mayor sign Subdivision Plans and prepares Land Registry Office letter.--1 day
Registration--Provides 2 copies of executed Subdivision Agreement and required documents to Legal Services.--
-Legal Services:
  • Provides Municipal Works with security, cash payments, and insurance documents.
  • Confirms with Planning that Plans may be deposited at the Registry Office.
  • Initiates registration of Subdivision Agreement and Inhibiting Orders, if required.
--1 week
-Planner notifies Applicant Plans may be picked up and deposited at Registry Office.Applicant completes Land Registry process.1 day
Building PermitOnce satisfied with completion of Class 1 works, Municipal Works provides Building Permit Issuance Memo, plans, and reports to CBO.----
Release of Security--Coordinates with Municipal Works for inspections, tests, provision of as-constructed plans, and certification of Class 2 works.--
-Release of Securities by Municipal Works in accordance with the Subdivision Agreement.--2 weeks

Frequently Asked Questions

Q: How long do I have to fulfill my conditions of Draft Plan Approval?  

A: An applicant is given 3 years to fulfill the conditions of Draft Plan Approval. If Final Subdivision Approval is not obtained within this timeframe, Draft Plan Approval will lapse in accordance with Section 51(32) of the Planning Act. Prior to the lapsing of their approval, an applicant can submit a request for the extension of Draft Plan Approval in accordance with Section 51(33) of the Planning Act. Please speak with a City Planner to discuss submission and fee requirements.

Q: Can I modify my approved Draft Plan of Subdivision?

A: Yes. If an applicant wishes to modify their approved Draft Plan of Subdivision, they will be required to pre-consult with the City and required agencies, at which time the studies, plans, information, materials, and fees that are required to proceed with a formal application will be identified. The application will then generally follow the standard Draft Plan of Subdivision process.