Subdivision of Land Regulation

Subdivision of Land Regulation, M.R. 142/96 The Provincial Parks Act , C.C.S.M. c. P20 Regulation 142/96 Registered July 18, 1996 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Definitions and application PART 2 APPLICATION FOR SUBDIVISION 2 Application 3 Preliminary plan of subdivision 4 Fees PART 3 APPROVING AUTHORITY REVIEW 5 Reference to other authorities 6 Decision and notification 7 Certificate of approval 8 Revlevant factors PART 4 SUBDIVISION REQUIREMENTS 9 Lot requirements 10 Dedication of lands PART 5 COMING INTO FORCE 11 Coming into force PART 1 INTERPRETATION Definitions 1(1) In this regulation, "approving authority" means the minister, or any person authorized by the minister to act as an approving authority; (« autorité compétente ») "public reserve" means a parcel of land reserved for use as a park, recreation area, open space or other public use. (« réserve publique ») Application 1(2) This regulation applies to all private land situated within a provincial park. PART 2 APPLICATION FOR SUBDIVISION Application for subdivision 2(1) A person proposing to subdivide private land within a provincial park shall apply to the Director of Parks, in a form approved by the minister, for approval for the subdivision. Additional materials 2(2) Each application under subsection (1) shall be accompanied (a) by a copy of each current certificate of title, stamped and dated, together with a copy of each certificate of title which has been transferred out, or each deed and a copy of the abstract; (b) by a copy of any restrictive covenant, easement, right-of-way or caveat affecting the subject land; and (c) if it is proposed to subdivide land by means of a plan of subdivision to be registered under The Real Property Act , by prints of the preliminary plan of subdivision in such number as the approving authority may require. Additional information 2(3) The approving authority may require an application to provide any additional information that is necessary for an informed decision with respect to the application, and the application is not complete until such additional information is provided. Extra copies 2(4) The applicant shall submit as many copies of the materials referred to in subsections (1), (2) and (3) as the approving authority may require. Register of applications 2(5) The Director of Parks shall keep a register of applications made under this section. Preliminary plan of subdivision 3(1) The preliminary plan of subdivision required under clause 2(3)⁠(c) shall consist of maps showing existing and proposed features, and a key map. Map requirements 3(2) The maps required under subsection (1) (a) shall show the north point, in the same direction on each map; and (b) may, where appropriate, describe features required to be shown under clauses (3)⁠(c), (4)⁠(b) and (5)⁠(b) in written form beside the map. Existing features map 3(3) The map of existing features required under subsection (1) shall (a) if required by the approving authority, be signed by a Manitoba Land Surveyor, engineer or other qualified person; (b) be drawn to a scale of one inch to 100 feet, unless a smaller scale is acceptable to the approving authority; and (c) show (i) contour lines at intervals suitable to illustrate topography, but not to exceed five feet, related to Geodetic Survey of Canada datum, where available, (ii) all natural features, such as wooded areas, rock outcroppings, bodies of water, rivers, creeks, swamps, gullies, ravines, embankments and drainage patterns, (iii) high water marks, top of bank, nature of shoreline, and elevation of water, (iv) all utility lines, including power lines (showing location and height of towers), telephone lines, pipelines, storm and sanitary sewers, and water main, (v) land uses on the site and apparent land uses adjacent to the site, (vi) buildings and structures on the site and their uses, and the approximate location and apparent uses of buildings or stuctures in the vicinity of the site which may have an effect on the proposed subdivision, (vii) roads, highways, streets or lanes adjacent to the site, their dimensions, number, name or other designation, locations and dimensions of access connections, and the size of the culvert, if any, under each connection, (viii) all artificial features, such as ditches, dams, railways and level crossings, dikes, waste disposal grounds, sewage treatment works, cuts, embankments and bridges, (ix) the nature, location and dimensions, and number, name or other designation of easements and rights-of-way on or adjacent to the site, (x) restrictive covenants affecting the site, (xi) unimproved or closed road or street allowances, (xii) the location, dimensions and plan numbers of adjacent registered plans of subdivision, and (xiii) municipal boundaries. Proposed features map 3(4) The map showing proposed features shall (a) be drawn to a scale of one inch to 100 feet, unless a smaller scale is acceptable to the approving authority; and (b) show (i) the location, dimensions, area and number of each lot and block, (ii) the location and widths of streets, roads and lanes, (iii) the location, dimensions and area of land dedicated to public use, (iv) land use types, (v) the pattern of drainage, and (vi) the staging of development. Key map 3(5) The key map shall (a) be drawn to a scale of one inch to 1,000 feet, unless a smaller scale is acceptable to the approving authority; and (b) show (i) the area around the proposed subdivision to a distance of (A) approximately one-half mile, if in a developed area, and (B) in all other cases, approximately two miles, (ii) municipal boundaries, (iii) general land use patterns, (iv) prominent natural features, (v) provincial trunk highways, provincial roads, municipal roads and major streets, (vi) prominent artificial features such as railways, bridges and airports, and (vii) adjacent land in which the applicant or the owner of the subject land has an interest. Relief from strict compliance 3(6) Where appropriate, the approving authority may relieve an applicant from strict compliance with the requirements of this section. Fees 4 An applicant for the approval of a subdivision shall pay the fees prescribed in the Park Fees Regulation for the application and the certificate of approval. PART 3 APPROVING AUTHORITY REVIEW Reference to other authorities 5(1) Before approving an application, the approving authority shall refer it for comment to any other authority, agency, department, council, association, or board that in the opinion of the approving authority might be affected by the proposed subdivision. Time for comments 5(2) Subject to subsection (3), after 30 days from the date of the approving authority's request for comments, the application may be dealt with by the approving authority without further delay, whether or not the comments have been received. Extension of time 5(3) The approving authority may extend the time for comments upon the written request of any authority, agency, department, council or board to which an application has been referred under subsection (1). Decision of approving authority 6(1) If the approving authority rejects the application, it shall immediately notify the applicant in writing. Tentative approval 6(2) The approving authority may give tentative approval to an application, which shall be to the effect that final approval shall be given and a certificate of approval issued when one or more of the following conditions or requirements, as the case may require, have been met: (a) conditions imposed have been complied with, including a condition that an agreement be entered into with respect to the provision of public services and facilities; (b) the proposed subdivision conforms with a development plan, basic planning statement, planning scheme, zoning plan, master plan, management plan, interim management guidelines, or any other approved planning document; (c) an arrangement or agreement has been made satisfactory to an authority, agency or department to which the application was referred; (d) approval has been given by the Railway Transport Committee of the Canadian Transport Commission for a highway to cross a railway right-of-way; or (e) in general, any approval, consent, arrangement, agreement, amendment or the like has been given, entered into or made which is necessary for the implementation of the proposed subdivision. Notification 6(3) If the approving authority gives tentative approval to the application, it shall immediately notify the applicant and council, stating the further requirements that must be met. Approval and certificate 7(1) If the approving authority approves the application, it shall issue to the applicant a certificate of approval in a form approved by the minister. Approval of subdivision by plan 7(2) If the proposed subdivision is by plan, the approving authority shall not endorse its approval on the plan until it has received confirmation by or on behalf of the examiner of surveys of the Land Titles Office that the plan is acceptable for registration. Relevant factors 8 All private land within a provincial park proposed to be subdivided shall be suited or capable of being efficiently adapted to the purpose for which the subdivision is intended, and the approving authority shall consider, among other things, the following: (a) topography; (b) soil characteristics; (c) surface and sub-surface drainage; (d) potential flooding, subsidence, landslides and erosion; (e) existing and prospective uses of land in the vicinity; (f) layout of streets and lanes; (g) provision of services; (h) distinction between pedestrian and vehicular traffic; (i) segregation of traffic flow as between major thoroughfares and minor streets; (j) convenience of access; (k) dimensions, shape and orientation of each lot; (l) view and aspect of each lot; (m) protection against pollution; and (n) anticipated need for school sites, recreational facilities, parks and public services and facilities. PART 4 SUBDIVISION REQUIREMENTS Vacation home subdivision-lot requirements 9(1) Subject to subsections (2) and (6), vacation home lots shall have a minimum of 100 feet of frontage and 150 feet of depth. M.R. 100/98 Irregular lots 9(2) Where the topography makes it impossible to survey a regular subdivision, vacation home lots may be surveyed in such size and manner so as to be not less than 15,000 square feet. Minimum area 9(3) Despite subsections (1) and (2), no vacation home lot shall have an area less than that required by the Department of Environment and Climate Change. Orientation 9(4) The side lines of a vacation home lot shall be at right angles or radial to the roadway lines. Re-survey 9(5) Where it is considered advisable and necessary, the approving authority may order a re-survey or rearrangement of any subdivision, provided that it will not interfere with the rights already granted. 9(6) No land or lot contained within Area(s) designated H shown on Plan 19817 or in Block 3 as shown on Plan 19911, both filed in the office of the Director of Surveys at Winnipeg, shall be subdivided unless each of the resulting lots has a minimum of 220 feet of frontage. M.R. 100/98; 115/2025 9(7) In subsection (6), "frontage" means (a) the lakefront boundary of a lot that is immediately adjacent to the shoreline of Lake Winnipeg; and (b) in relation to a lot that is separated from the shoreline of Lake Winnipeg by a Crown reserve of shoreland or a public reserve of shoreland, the boundary of the lot that is immediately adjacent to the Crown reserve or public reserve. M.R. 100/98 Dedication of public reserve land 10(1) The approving authority may require, as a condition of approving a subdivision, the dedication by the owner without compensation of such amount of land for use as public reserve land as is deemed necessary for adequate public services and facilities within the subdivision. Dedication of additional lands 10(2) In addition to the reserve land referred to in subsection (1), the approving authority may require, as a condition of approving a subdivision, the dedication of such area of land within the subdivision that is, in the opinion of the approving authority, unsuitable for building sites or any other kind of development by reason of its being swamp, gully, ravine, natural drainage course, or creek bed or otherwise unsuitable due to its topography. Shorelines 10(3) Despite subsections (1) and (2), where land containing shoreland is to be subdivided for other than public recreational uses, the approving authority may require, as a condition of approving the subdivision, the following dedication of land as a public reserve by the owner without compensation: (a) a parcel of shoreland of such dimensions as may be determined by the approving authority, for the preservation of the shoreline, the control of erosion, the protection of the land retained by the owner against flooding, the prevention of environmental degradation of the shoreline, and public access along the shoreline; and (b) other land as may be required to provide access to the shoreline. PART 5 COMING INTO FORCE Coming into force 11 This regulation comes into force on the proclamation of The Provincial Parks Act , S.M. 1993, c. 39.