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Part Lot Control

Subdivisions

The creation of several lots requires the approval of a Plan of Subdivision. Although the District of Muskoka is the approval authority for subdivisions in Muskoka, the Town provides input to the District for all subdivision applications within Bracebridge.

Applicants must pay a fee to the Town of Bracebridge to obtain comments on subdivision applications submitted to the District of Muskoka. In addition, a fee payable to the Town of Bracebridge is also required for subdivision agreements that are required to implement matters under the jurisdiction of the Town of Bracebridge including local roads and sidewalks, storm water management, parklands, etc.

Part Lot Control

Part Lot Control is a provision under the Planning Act that regulates the transfer or sale of part of a lot or block within a registered plan of subdivision. The Town uses this provision to prevent the further dividing of lots or blocks within a plan of subdivision, after that plan has been registered.

Exemption from Part Lot Control

Lots or blocks within a registered plan may be exempt from Part Lot Control to allow a property owner to legally divide his or her lot(s) or block(s). An application for Exemption from Part Lot Control can be submitted to the Town requesting that it temporarily "lift" Part Lot Control, by passing a By-law, to allow enough time for the applicant to complete the necessary procedures.

Once an application for Exemption from Part Lot Control has been submitted, staff review the request in consultation with other departments and/or agencies, and a By-law is prepared for Council's consideration.

Once Council has passed the Part Lot Control By-law, it is then sent to the District of Muskoka for approval.

It is recommended that your proposal be discussed with the Planning Services Branch prior to submitting the application. Your application should be accompanied by registered survey plans illustrating the parts of lots in the subdivision that would be subject to the exemption.

Additional resources: Guidelines and General Information about Part Lot Control Exemption

Deeming

A ‘deeming by-law’ removes lands (lots or blocks) from a registered plan of subdivision, providing the plan of subdivision has been registered for more than 8 years. A deeming by-law can remove all of the lots or blocks of land within a registered plan, or only some of the lots or blocks within a plan of subdivision. The effect of a deeming by-law is to merge two or more lots or blocks of lands within a plan of subdivision into one legally conveyable lot, under common ownership. Approval of a deeming by-law consolidates individual lots into one parcel of land. Generally this is required to allow development to occur, which would otherwise be constrained by lots lines traversing a site (buildings cannot cross over lot lines). Deeming by-laws are typically used to merge lots from very old plans of subdivision, which no longer meet current zoning standards.

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