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Subdividing Land
Depending on where the land is located that you wish to subdivide, you will require municipal or Provincial approval to do so.
If your property is in a municipality with an Official Plan and Zoning Bylaw, contact the local municipality office. Please refer to the Municipal Planning page for more information. For properties anywhere else in the province contact a Safety Standards Officer of the Department of Environment, Labour and Justice at 31 Gordon Drive, Charlottetown or at one of the Access PEI sites.
How do I submit an application?
If you are subdividing two or fewer lots, you will have to complete an application form, pay a fee based on the number of lots, and sketch your proposal on a property map which can be supplied by the Department for a small additional fee. If you prefer you may also obtain a property map from the Map Library. Although not essential,in either case,it will be very helpful if you know your property tax number.
The requirements for an application for more than two lots are the same, except that it must be accompanied by at least three copies of a detailed preliminary plan. A preliminary plan is not a survey plan, but because of the more comprehensive information it must include, most applicants find it useful to have a preliminary plan prepared by a surveyor.
What happens to a subdivision application after it is submitted?
If you are requesting approval, you will be asked to have a backhoe operator dig test pits which the Safety Standards Officer will inspect to make sure soil conditions are suitable for construction of a sewage disposal systems; soil conditions will also determine which one of the minimum lot sizes must be used. At the same time, the Safety Standards Officer will ensure that sight distance at the proposed highway access driveway is safe, and that the lot meets all other requirements of the Subdivision and Development Regulations.
Applications for two or more lots are circulated to other sections & departments for comments. For applications of this size, you will be required to have soil testing carried out by an engineering consultant. Some form of water sampling may also be required, which may include drilling a test well. If your lots are intended for year-round single family dwellings and new public streets will be built, the Department of Transportation and Infrastructure Renewal will also be asked to comment.
Is soil testing always necessary?
Usually, but there are some exceptions. For example, it is not required for parcels being added to existing lots; new lots intended for use by a public utility or any non-residential use where water and sewage servicing will not be needed; lots being established to contain an existing dwelling and sewage disposal system; and very large lots for agriculture or other resource uses.
If my applicaton is acceptable, how do I get final approval?
Applicants for proposals of one to five lots will be advised to have a surveyor pin the lots and submit copies of the survey plan for final approval.
Applicants for subdivisions of six or more lots will receive a letter granting preliminary approval, and listing a number of conditions that must be met for final approval. It is at this stage that you will be advised to have your engineering consultant carry out the soil and water testing. The final approval conditions will also include a survey requirement,but you will be told to delay the survey until your consultant's soil and water test report has been reviewed by the Department of Environment, Labour and Justice, in case the results indicate a need for any changes in the subdivision design. When this review is finished,you will receive another letter telling you to proceed with the survey.
For both types of application, when you submit the survey plan, an approval stamp will be placed on all copies. Some approval stamps may have further conditions attached if, for example, driveways or sewage disposal systems must be constructed in special locations. At least one copy of the approved plan will be returned for your records, and you may then sell your lot or lots.
Is a survey always required for final approval?
The only exception is for lots greater than 10 acres in area. For those, a plan drawn accurately to scale on a provincial property map is acceptable, although you may submit a survey plan if you wish.
The Planning Act are online as PDF documents.
