Short-Form Subdivision Applications, Plan of Survey, Condominium Plan, Consents, Air Space Plan

• A Development Application may receive expedited approval by the City when no new public street or lane is being created and a zoning change is not required.
• In the absence of any conditions, an application may receive expedited approval in eight weeks and completed for registration within three to six months.
• Public hearing process is not required.

If you are proposing to subdivide land and open new streets and/or lanes at the same time, or if your proposal requires a zoning classification change, use the long-form subdivision application process.

Before dividing a parcel of land into two or more lots or parcels, realigning existing property lines, or consolidating a number of properties into one lot or parcel, you must:

• Submit an application with the Zoning & Permits Branch at Unit 31 - 30 Fort Street. Learn about application requirements and fees.
  
• Obtain approval from the City of Winnipeg. You will receive a letter from the City either providing conditional approval with instructions on how to proceed with your application or an explanation for rejection. Do not begin work on the legal plan mylars until you have received an approval letter with instructions to do so.
• If application is approved, register a legal plan along with any necessary agreements and/or easements with the Winnipeg Land Titles Office.

If a proposed plan is a secondary application to a former underlying development application that further subdivides or changes the legal description or zoning district, the underlying plan and/or agreements need to be registered with the Winnipeg Land Titles Office prior to submission of the secondary application. New status of title(s) will be required for submission as proof of registration for the underlying plan to proceed with an application to further subdivide the land.

This is a legal document prepared by a Manitoba Land Surveyor and registered in the Winnipeg Land Titles Office:

• It is often referred to as a mylar and includes:
• The precise boundaries and dimensions of a lot(s) or parcel(s)
• The location and names of any public streets and/or lanes and existing boundary streets
• The basic configuration of existing lots/parcels within the immediate surrounding area.
• No identification of the location of existing buildings
• Units within a condominium plan.

A Plan of Subdivision, Condominium Plan or a Plan of Survey under the administrative application process establishes new lots, parcels or units by Status of Title, each of which can be sold or leased for purposes of development and/or use in conformity with City bylaws. A legal plan must be:

• Prepared by a Manitoba Land Surveyor
• Registered with the Winnipeg Land Titles Office

Ratified by Council if the developer is required to enter into a servicing or subdivision agreement

An application may be processed for conditional approval in eight weeks. However, if approval of the plan requires entering into agreements, easements or amendments to an existing policy, it may take four to eight months before the plan can be registered with the Winnipeg Land Titles Office.

<>Payments can be made in-person, by mail, or by calling Permits Direct Line at 204-986-5140. Individual invoices of more than $10,000 must be paid by cheque or bank draft, which can be made payable to the “City of Winnipeg”.

Application fees must be paid up front before an application can be circulated to other City departments for review. Please refer to document checklists under "Application Submission Requirements" to ensure the required documentation and plans have been supplied to avoid delays in processing.

*Note: Once the City of Winnipeg has determined an application is complete for circulation, it will be sent to the Land Development Branch to process and review. Depending on the application type, additional fees may be required. The fees can only be determined after the application has been circulated to various departments for review, which could include the following:

• Advertising fees (on Public Hearing application types as determined by local newspapers)
• Mylar signing/lot/parcel fees (per lot/parcel created on plan)
• Consent Certificate fees
• 10% dedication fees (in lieu of dedicating land)
• Agreement fees
• Legal document preparation fees
• Administrative fees associated with a Development or Servicing Agreement
• Deposits for survey monuments, sod and/or tree planting
• Oiling & graveling fees where applicable
• Levies such as Charleswood Transportation Levy, Seine River Acquisition Charges
• Trunk service rates
• Securities/letter of credits
• Spatial separation review

Applications are reviewed for conformity to adopted plans and zoning bylaws.

• If an application does not conform to an adopted plan, an amendment to that plan will be required before your subdivision can be referred for approval.
• A Zoning Development Officer determines if a proposal conforms to relevant zoning regulations.
• If a variance of the zoning regulations is required, it would have to be approved before a  subdivision can be finalized.
• The District Planner provides planning advice on the application, including changes that might be recommended as desirable or necessary to gain approval.

An application is then circulated to concerned stakeholders, such as public utilities and other City departments, for review and comment. For example:

• To allow development to take place on proposed lots, the public street or lane bordering the property may require a widening, upgrading or underground services may need to be extended, upgraded or installed to accommodate a proposed development. Note: You may be responsible for all or part of those costs.
• If a proposed development includes existing structures and/or buildings, you may need to engage the services of a Manitoba Land Surveyor to prepare a Surveyor's Building Location Certificate for Proposed Subdivision to assist the Plan Examination Branch's review for Spatial Separation compliance under the Manitoba Building Code.

An application may also be reviewed by a committee of City officials, known as the Administrative Coordinating Group (ACG). They can recommend amendments to the plan, conditions to be set on the approval, or reject the proposal.

• ACG recommendations may be discussed with the appropriate City staff members.
• The chairperson of the ACG may be required to prepare a report with recommendations, which is submitted to the Committees of Council for their consideration to approve the plan of subdivision with agreement conditions. The Committee makes the final decision.
• Where no conditions are necessary other than a street or lane widening and/or 10 % cash dedication, the Planning, Property & Development department may approve an application without referring it to Council.
• Council has the authority to approve or reject any application that requires a subdivision, servicing or development agreement.
• Valuations for the 10% cash in lieu of land dedication are calculated by the Planning, Property & Development Department. The dedication applies to each additional lot/ parcel created.

When receiving a letter from the City approving your application, you may arrange to have a Manitoba Land Surveyor prepare the legal plan mylars for the proposed plan, if you are prepared to meet all of the conditions of approval. Considerations of approval may include:

• A street or lane widening on a Plan of Subdivision
• Payment of 10 % cash dedication in lieu of land dedication
• Dedication of a portion of land in lieu of cash
• Requirement to enter into a Subdivision Agreement, Servicing Agreement or Easement(s) with the City to ensure improvements, such as sidewalks, road upgrading, or servicing requirements are provided once the plan has been registered.
• Modifications to existing buildings impacted by the proposed subdivision in order to comply with Spatial Separation under the Manitoba Building Code.

Building permits are not issued until the Legal Plan and any related agreements and/or easements have been registered with the Winnipeg Land Titles Office. The exception will be made for structures that are required to be demolished or modified to comply with Spatial Separation under the Manitoba Building Code in advance of completing the subdivision application.

Applications that require the execution of any type of agreement usually have a time limit on them.

• Execution of the required agreement must be completed before expiration of the time limit.
• If an extension of time is requested, an application for the extension and the associated fees are required along with a letter outlining the reason(s) the application has not been completed. City staff would then review the request to determine if circumstances affecting the application have changed.
• If a development or servicing agreement is required, the application's approving authority changes from administrative to the Committees of Council, with Council making the final decision. This will extend the application's processing by an additional eight to 12 weeks depending on the nature of the application.

Once all conditions of approval are met, the City's officers sign the Legal Plan mylars, which can then be registered along with any related legal agreements with the Winnipeg Land Titles Office.

Air Space Plan (DAASP) Application
Procedure for the approval of an air space plan, which delineates property boundaries in a three-dimensional space.

Condominium Plan of Survey (CONDO) Application
Procedure for approving a condominium plan, including bareland condo or phased condo applications, dividing a parcel of land into individually owned bareland units and common elements. The land, service areas and joint use areas are considered common elements.

Consent Application (CA)
This is generally made for two reasons: to convey a portion of a title out to another title, or to allow for the registration of a long term lease, (consent to lease) on a portion of a title.

1. Consent to convey applications are similar to a subdivision application in that the applicant wishes to transfer a parcel, or part lot, from a title to a separate title. For zoning purposes, the land contained within each title, that may be issued as a result of approval of the consent, must meet the minimum lot width and area requirements of the zoning district, have frontage on a public street, and comply with all provisions of the applicable zoning bylaw.
2. Consent to lease applications are more complex:
   • If the lease is less than 21 years including renewal periods, no consent from the City of Winnipeg is required.
   • That area does the lease cover?
   • If it covers the whole title, no consent is needed.
   • If it only covers the floor space of a building, no consent is needed.
   • If it is only a portion of the title, a Plan of Survey may be required.

Short Form Plan of Subdivision (DASSF) Application
Procedure for subdividing property, including consolidation of lands where a new public street or lane is not being created and a zoning change is not required. The public hearing process is not required unless an agreement for subdivision or servicing is necessary.

Plan of Survey (DAPS) Application
Parcel Plans are generally prepared for descriptive purposes and when registered with the Winnipeg Land Titles office do not divide the title. "Parcels" as opposed to "Lots" characterize plans of survey, and letters (A, B, C, etc.) identify parcels. The City of Winnipeg must approve the application before Land Titles will accept the registration.

To submit an application, contact the Zoning & Permits Branch at 204-986-5140. They will provide advice on whether a proposal complies with zoning regulations and relevant City plans

Contact the Urban Planning & Design Division at 311 for planning advice on the subdivision as it relates to orderly development.

Contact the Land Development Branch at 311 for an explanation of the overall development application’s review and approval process which they manage and coordinate on behalf of the City. They can also direct you to any other stakeholders you should consult.