Business, Building & Development

Subdivisions

Subdivision is the legal process of creating new lots or adjusting existing property boundaries. This may involve dividing a larger lot into smaller lots, realigning existing lot lines, or creating strata lots under the Strata Property Act.

The Local Government Act, the Land Title Act and the Strata Property Act of British Columbia
require that all subdivisions be approved by a legally appointed Approving Officer.

View the Subdivision and Development Servicing and Stormwater Management Bylaw

Before submitting an application, you are advised to meet with the Approving Officer and staff from the Planning and Infrastructure Services Departments to review your proposed plans to establish zoning requirements for minimum lot size and dimensions, building location, setbacks, and frontage requirements.

At this meeting, it will be determined whether any other development applications need to be completed concurrently or prior to the subdivision. A Rezoning, Official Community Plan (OCP) Amendment, Development Variance Permit, or Development Permit could be required. The OCP will also be reviewed to ensure your proposal meets any Development Permit Area (DPA) criteria. If the property is in a DPA, you must obtain a Development Permit before final subdivision approval.

You will also need to:

  • Provide all necessary servicing upgrades (eg. roads, water, sewer, drainage, street lighting, curb, gutter and sidewalk) to the current Subdivision & Development Services Bylaw standards;
  • Hire an independent civil engineering firm to design the servicing and assist with the application requirements (for certain applications this may not be necessary);
  • Pay Development Cost Charges (Bylaw No. 1218, 2016) prior to final approval of
    the subdivision: it is important to be clear on the calculation of these charges as they can be significant; and,
  • If the application creates more than two new lots or if the parent parcel was created by subdivision within the past five years, you are required to dedicate 5% of the gross area of the land as park, or pay for the equivalent of 5% of the market value of all the land proposed for the subdivision (you would be responsible for hiring a land appraiser to determine this amount). The Approving Officer will
    determine if land or payment is to be provided.
  • As of February 1, 2021, the Contaminated Sites Regulation under BC’s
    Environmental Management Act requires that all development applications to the Town include a completed Site Disclosure Statement.
    • A Site Disclosure Statement is a form that requires readily available information about the past and present Schedule 2 uses of a site, as well as basic land descriptions. The site owner, operator or agent can fill out the form, but only the site owner or operator can sign the form.
    • The Town will review the statement prior to proceeding with the application to determine if further review is required by the Province.

Once you have refined your project proposal, submit a completed application form together with all the necessary attachments. (See Subdivision Application Form).

Applicants may be requested to post a sign on the property advising of the subdivision application and hold a neighbourhood information meeting to discuss the proposed development.

The preliminary application will be reviewed in detail by the Approving Officer who will refer the application for comment to Planning, Infrastructure Services, and Public Works staff. The application will also be sent to any relevant outside agencies such as the Gibsons and District Volunteer Fire Department, Ministry of Transportation and Infrastructure, and utility agencies such as B.C. Hydro, Telus, and FortisBC. During this
step, the majority of the Town’s review takes place, and you can expect a period of 4-6 weeks processing time. Major subdivisions can take longer to review and process.

Following this initial review the Approving Officer will contact you to inform you of the status of your application. The Approving Officer may also ask for clarification, further information, or plan revisions if your proposal does not meet required standards.

The Preliminary Layout Approval (PLA) is a letter stating that your proposed subdivision layout is acceptable to the Town’s Approving Officer and generally meets the Town’s bylaw requirements. Requesting a PLA is optional but recommended. The PLA specifies conditions that must be met prior to final approval of the subdivision by the Approving Officer. The term of the PLA will be stated in the document, during which time all requirements and conditions must be completed. Typical requirements of the PLA could include:

  • Requirements for any layout changes (lot dimensions, road patterns);
  • Dedication of park land, linear open space and walkways;
  • Requirements of outside agencies (eg. Ministry of Transportation and
    Infrastructure or B.C. Hydro);
  • Completion of a Development Permit where applicable;
  • Submission of detailed geotechnical engineering report where applicable;
  • Submission of detailed on & off-site engineering design plans and cost estimate;
  • Completion of a Servicing Agreement with the Town (see Step 5);
  • Preparation of legal subdivision plan by a B.C. Land Surveyor;
  • Preparation by a lawyer and a B.C. Land Surveyor of all legal documents and explanatory plans for rights-of-way, easements and covenants; and,
  • A tree cutting and replacement plan drawn to approximate scale identifying:
    • the boundaries of the subject lot;
    • any abutting streets, lanes or public access rights of way;
    • the location of existing buildings and structures;
      Subdivision Application Guide
    • the location, species and diameter at breast height (DBH) of those trees proposed to be cut or removed;
    • the location, species and DBH of those trees proposed to be retained and protected;
    • the location, species and DBH of proposed replacement trees;
    • the location of significant topographic and hydrographic features and other pertinent site information; and,
    • the location of proposed tree protection barriers.

A) APPROVED PLANS
Once the PLA is issued to the applicant, applicants are required to prepare detailed servicing plans providing design and location of extensions or connections for sanitary and storm sewers, water service, roads, sidewalks, street lighting, drainage plans, and infrastructure extensions for outside agency utilities such as B.C. Hydro, Telus and FortisBC.

You must hire a Professional Engineer (registered in B.C.) to prepare your servicing plans according to the specifications of the Town’s Subdivision and Development Servicing and Stormwater Management Bylaw No. 1175, 2012. Both the plans and cost estimate must be reviewed and approved by the Director of Infrastructure Services before the Servicing Agreement can be prepared.

B) SERVICING AGREEMENT
Upon approval of servicing plans, you will be required to enter into a Servicing
Agreement with the Town. The Servicing Agreement is prepared by Town staff (see Bylaw No. 1175) and specifies:

  • The necessary works that the developer will construct for the subdivision;
  • The Security Deposit required for these works;
  • Any easements, rights-of-ways, or covenants required;
  • The Administration Fees to be paid; and
  • Conditions of construction or services.

The following items are required prior to executing the Servicing Agreement by the Town:

  • Three sets of approved servicing plans. One of these sets will be returned to the applicant as an attachment to a signed copy of the Servicing Agreement;
  • A copy of the contractor’s liability insurance as specified by the Servicing
    Agreement;
  • A copy of the contractor’s Business Licence;
  • A clearance letter from WorkSafeBC;
  • Payment of the Administration Fee (plus applicable taxes);
  • Payment of the Security Deposit; and
  • Signature of the Servicing Agreement by the applicant(s) as well as a witness.

C) INSTALLATION OF WORKS AND SERVICES
Once the Servicing Agreement has been signed, the contractor must arrange a
preconstruction meeting with the Director of Infrastructure Services to review the construction requirements.

Prior to commencing any construction of off-site works, in the public right-of-way or road, applicants or their contractors must receive written permission to construct from the Director of Infrastructure Services.

Applicants are advised that their civil engineer must submit a Letter of Assurance of Professional Design and Commitment for Field Review to the Town confirming that they are responsible throughout the construction period for inspection of all works and ensuring that all works meet required standards.

Applicants are to submit plans for Final Approval by the Approving Officer; the following documents will be required:

  • The signed Servicing Agreement (with approved plans, Security Deposit payment, & Administration fee) has been submitted to the Infrastructure Services Department;
  • Development Cost Charges have been paid;
  • Legal survey plans of the subdivision are submitted to the Town;
  • All covenants, rights of way and easement documents are submitted; and,
  • All other conditions of the PLA are met, and any payments for cash-in-lieu of parkland or other specific requirements are completed.

When the subdivision and any right-of-way plans have been signed by the Approving Officer, the applicant is required to register the plans and legal agreements at the Land Title Office, along with other documentation which may have been required for the subdivision plan.

As you develop your subdivision it will be inspected to ensure compliance with the servicing plan requirements. When works and services are completed to the satisfaction of the Infrastructure Services Department, a Certificate of Substantial Completion will be issued by the Director of Infrastructure Services. The Security Deposit for servicing (submitted as part
of your Servicing Agreement) will be released, less the value of any deficiencies plus a “Maintenance Holdback” that is held for a minimum period of 12 months from the date of issuance.

As-built drawings for services installed as part of the subdivision are required in both electronic and paper format.

A Certificate of Substantial Completion must be issued by the Director of Infrastructure Services before Building Permits can be issued.

Servicing and Infrastructure Requirements

The Town of Gibsons’ Subdivision and Development Servicing and Stormwater Management Bylaw may require frontage and servicing improvements as a condition of subdivision approval, rezoning or a building permit.

Required improvements may include:

  • Sanitary and storm sewers
  • Water servicing
  • Drainage infrastructure
  • Roads and sidewalks
  • Street lighting
  • Extensions to external utility infrastructure, such as BC Hydro, Telus and FortisBC

Design and Review

The Town’s Infrastructure Services Department can provide the developer’s engineering consultant with available as-built plans, contour maps, design specifications, standards and survey information to support the design of proposed servicing works.

The developer’s engineering consultant is responsible for preparing the designs and cost estimates. Town staff will review these submissions for compliance with applicable Town bylaws, requirements and standards. Infrastructure Services will also calculate applicable fees and inspect construction to ensure the work meets required standards.

Construction and Servicing Agreements

All required works must generally be completed at the owner’s expense before final subdivision approval. Alternatively, the owner may enter into a Servicing Agreement with the Town, which allows the work to be completed after approval, subject to the agreement’s terms.

A Servicing Agreement typically requires:

  • A cost estimate certified by a professional engineer

  • Financial security based on the estimated cost, including a contingency

  • Liability insurance if the work extends onto Town-controlled land

The Town’s Infrastructure Services Department will confirm the specific servicing and infrastructure requirements for each proposed subdivision.

Application Resources

Contact

Need assistance? Our staff are here to help:

  • Phone: 604-886-2274
  • Email: infrastructure@gibsons.ca / planning@gibsons.ca