The filing of a subdivision plan in the Land Title Office cannot occur without the approval of an Approving Officer appointed by the local municipal authority (s.88 Land Title Act). It is common practice for most municipalities to issue a Preliminary Layout Review letter (PLR Letter) which sets out what the approving officer will “likely” require to grant approval to the subdivision.
Although the PLR Letter is not binding on the municipality, administratively it forms a very important checklist for developers. Careful and early review of the PLR letter with your real estate lawyer can be very helpful to streamline the real estate development process.
Some of key items discussed may include:
- Park Area Dedication and No Build Areas
- Performance Bonds
- Development Cost Charges
- MOTI (Highways) referrals and Traffic Impact Assessment requirements
- Geotechnical and Engineering Considerations
- Retaining Wall Requirements
- Zoning and Setback Requirements
- Utility and Servicing Right of Way Requirements
- Restrictive Covenant Requirements (ie; Wildfire Interface Covenants in the Okanagan)