Please use the following links to access detailed information regarding these processes.
Check if you need a development permit
Development Permit application
You will need to complete an application for development
For information/help completing your development application please consult the Development Permit Application Guide
For all development permit applications you must ensure that you include a site plan that contains all of the following information :
- the location of any well, sewage disposal system, and driveways within 30 m (98.43 ft) on adjacent lots
- all existing streets, rights-of-way, and easements on and adjacent to the lot the distance from the proposed building or structure to any existing buildings or structures
- Location of the sewage disposal system and well or water service, and distance between any existing or proposed well and sewage disposal system
- General location and use of every existing building or structure on the lot, and on abutting lots within 15.2 m. (50 ft.) of the location of the proposed building or structure
- the proposed and existing location and dimensions of any entrance way, parking space, and parking lot on the lot; incl. distance from centre of the driveway to the nearest property boundary
- Lot boundaries, including dimensions and area
- the location and exterior dimensions of the proposed building or structure, including any attached deck, porch or veranda
- elevation plan(s) of each exterior wall of the proposed building or structure
- slope and direction of surface drainage
- north arrow and scale
- the distance from the proposed structure to the boundary of any wetland, watercourse, sand dune, or the top of the bank adjacent to a wetland or watercourse and the location of the watercourse and wetland buffer zone
- Location and proposed use of each new building
- the distance from the proposed building or structure to all property boundaries
Other information that MAY be required:
Driveway Access/Entrance way Permit
Septic/Sewage - a site suitability assessment and registration form
Well
Stormwater Management Plan
Lots that are smaller than 1 acre and were held in separate ownership from adjoining parcels on the effective date of this Bylaw are considered existing non-conforming lots.
Section 4.7 of the Land Use Bylaw - EXISTING NON-CONFORMING LOTS
1) Notwithstanding any other provisions of this Bylaw:
a. a vacant lot held in separate ownership from adjoining parcels on the effective date of this Bylaw, having less than the minimum width, lot depth or lot area required, may be used for a purpose permitted in the zone in which the lot is located, and a structure may be erected on the lot provided that all other applicable provisions in this Bylaw are satisfied; and
b. a lot containing a structure and held in separate ownership from adjoining parcels on the effective date of this Bylaw, having less than the minimum frontage, depth or area required by this Bylaw, may be used for a purpose permitted in the zone in which the lot is located, and a development permit may be issued provided that all other applicable provisions in this Bylaw are satisfied.
The location of an entrance way on a Provincial Road is subject to the Minimum Safe Stopping Sight Requirements imposed by the Roads Act Highway Access Regulations.
The allowable use of a parcel of land served by an entrance way (access) to a Provincial Highway is governed by the Roads Act - Highway Access Regulations.
A Coastal Hazard Assessment (CHA) is a summary of potential erosion and flood hazards associated with a coastal property.
The CHA is intended to provide guidance for current and prospective property owners who want to be aware of the potential impacts of coastal hazards as they buy, sell, develop, and/or maintain a given property.
CHA’s are completed through the province. There is no cost to have a Coastal Hazard Assessment completed for a property. Please visit the following link for more information.
https://www.princeedwardisland.ca/en/service/coastal-hazard-assessment.
A Stormwater Management Plan includes an overall surface water management strategy for the proposed development.
Section 3.8 of the Land Use Bylaw states
1) Except for the reasons provided by subsection (2) below, a development permit application shall be accompanied by a stormwater management plan, prepared by a professional engineer or landscape architect, drawn to scale and showing the following information:
a. existing and proposed grade elevations relative to the adjoining lot(s) and the street or right-of-way;
b. stormwater management design features, including but not limited to swales and berms, and the proposed direction of flow for the surface water runoff, which shall not result in direct water runoff onto adjacent lots, including existing private roads and rights-of-way.
c. the finished floor elevation or foundation elevation of existing buildings or structures on the lot and of existing buildings or structures on adjacent lots located within 15 m (49.2 ft) of the adjoining lot line; and
d. the proposed surface, finished floor elevation or foundation elevation of the proposed building or structure.
2) A stormwater management plan is NOT required for the following types of development, where the development does not involve an alteration or change to the existing grade of the land within the minimum yard setbacks of the lot:
a. a development that conforms with a preapproved stormwater management plan as prepared for the subdivision approval of the lot;
b. a development of a structure with a footprint less than 65 sq. m. (699.7 sq. ft.) and a proposed setback of more than 15 m. (49.2 ft.) from any lot line or existing building or structure;
c. a development that will result in a total lot coverage of less than 10%;
d. a development of a building or structure with a footprint less than 20 sq. m.(215.3 sq. ft.);
e. a development of a building or structure that will be built on raised sono-tubes, posts or piles and will not affect the natural and existing flow for drainage; or
f. the replacement of a building or structure with one of the same size and in the same general location, provided no changes are being made to the grade of the lot under or around the building or structure.
3) For properties with, or located adjacent to, a watercourse or wetland, the stormwater management plan shall also include the location of any buffer zone as defined in the Watercourse and Wetland Protection Regulations.
4) A site plan and stormwater management plan may be submitted together as a single plan of the proposed development.
Once our office has received your application and payment we will send you a confirmation email. Please ensure the email you provided is accurate.
Our development officer will review your application. Simple applications can be processed quickly. Larger, or more complicated will require more assessment.
To ensure the timely processing of your application please submit all the required information when submitting your application. If there is any missing information we will contact you via email.
Please note that applications can not be processed until all the required information is received.
Don't forget to apply for your Building Permit through the Provincial Planning Office
Permits obtained after work has started will be charged $500 or double the permit fee, whichever is greater.
Be advised that an incomplete application shall be considered null and void if the applicant does not submit the required information and does not make payment in full on the application, within six (6) months of submitting the initial application form.
There are many factors involved in subdividing land. For accurate and detailed information please read Section 13 of the bylaw - GENERAL PROVISIONS FOR SUBDIVIDING LAND. For more information consult our Subdivision Guide
Simple applications can be processed quickly, larger, or more complicated require more assessment.
Important notes:
Land can not be subdivided until final approval is given from the municipality.
No person shall sell or convey interest in a lot before it has been approved.
All lots must have adequate utilities and services or can reasonably be provided with such.
All lots must be suitable for the use which they are intended.
Within a Rural Area Zone – no person shall subdivide more than four lots.
No Subdivision shall be permitted of a lot served by a private road.
Lots must be a minimum of 1 acre.
Yes – According to section 13.12 of the bylaw - A person seeking to subdivide five (5) or more lots, exclusive of the parent parcel, shall be required to dedicate and convey to the Municipality 10% of the lands being subdivided from the parent parcel for recreation and public open space purposes, subject to the following;
a. the location of the parkland to be conveyed shall be at the discretion of, and shall be subject to approval by Council;
b. the parkland shall be free of all encumbrances; and
c. Council may apply some or all of the dedication and conveyance of the lot area to active transportation routes or trail systems or both where such can be provided within or between subdivisions, or to ensure that valued natural assets such as forest cover can be protected.
For more information please consult section 13 of the Land Use Bylaw
All new streets or extensions to existing streets or to private rights-of-way shall be streets and no subdivision shall be permitted of a lot served by a private road.
Section 13.9 of the bylaw contains detailed information about road standards for subdivision.
Bylaw 3.15 EXPIRY OF APPROVALS
1) A development permit shall be valid for a 24-month period from the date of issue.
2) If, after 24 months, work has not been completed, an application shall be made to the development officer, the appropriate fee shall again be paid, and a new development permit shall be obtained before any further work is undertaken, and the application shall be assessed against the requirements of this Bylaw and the Official Plan at the time of re-application.
3) Preliminary approvals of a subdivision shall be effective for a period of 24 months.
4) If the applicant applies before the expiry of the preliminary approval, Council may authorize an extension of an additional 12 months.
Please Consult the following sections of the Land Use Bylaw for details regarding lot requirements and setbacks
For Rural Area – Section 6.6 (pg. 29)
For Rural Residential – Section 7.5 (pg. 31)
For Commercial Industrial – Section 8.6 (pg. 34)
For Parks & Recreation – Section 9.4 (pg. 37)
Section 10 of the bylaw details Environmental Risk Zone information.
The Environmental Risk Zone is intended to enhance the protection of surface and ground water quality, sensitive natural systems, and wildlife habitat and to protect persons and properties from risk or harm in areas subject to other development constraints. Where a property in the Environmental Risk Zone is subject to one or more development constraints, the more stringent requirements shall apply.
Section 4.10 of The Land Use Bylaw
HOME-BASED BUSINESSES
1) Where a residential property is used for a home-based business use, the following shall apply
a. the dwelling shall be occupied as a residence by the principal operator and the external residential appearance of the building or property shall not be changed by the home-based business;
b. there shall be no more than two non-resident assistants or employees for the homebased business;
c. a maximum of either i. 25% of the total floor area of the dwelling; or ii. up to 100% of the total floor area of an accessory structure shall be occupied by the home-based business;
d. adequate street access and off-street parking spaces shall be provided in accordance with Part 5 of this this Bylaw and such parking shall be in addition to the parking spaces required for the dwelling;
e. there shall be no open storage or display area; and
f. there shall be no signs permitted except in accordance with the Highway Signage Act.
2) The home-based business shall not create a nuisance to residents in the surrounding neighbourhood by:
a. traffic generation,
b. noise,
c. hours of operation,
d. the creation of any vibration, heat, glare, odour or electrical interference, which is detectable from outside the dwelling; or
e. the discharge of any smoke, fumes, toxic substances or other noxious matter into the atmosphere.
Probably, but first check your zoning and allowed activities. (see question #4)
Some HOAs have restrictive covenants that prevent short term rentals.
All Tourism establishments must be licensed through the province.
Our bylaws are
4.2 BED AND BREAKFAST AND SHORT-TERM RENTALS
1) A bed and breakfast shall be permitted to operate in any single-detached dwelling subject to the following:
a. the dwelling shall be occupied as a residence by the operator and the external residential appearance of the dwelling shall not be changed by the bed and breakfast operation;
b. not more than six (6) rooms shall be offered for overnight accommodation;
c. adequate off-street parking spaces shall be provided in accordance with Part 5 of this Bylaw and such parking shall be in addition to the parking spaces required for the dwelling;
d. there shall be no open storage or display area; and
e. there shall be no signs permitted except in accordance with the Highway Signage Act.
2) A short-term rental shall be permitted to operate in any single-detached dwelling subject to the following:
a. the external residential appearance of the dwelling shall not be changed by the short-term rental operation;
b. not more than six (6) rooms shall be offered for overnight accommodation;
c. adequate off-street parking spaces shall be provided in accordance with Part 5 of this Bylaw and such parking shall be in addition to the parking spaces required for the dwelling;
d. there shall be no open storage or display area; and
e. there shall be no signs permitted except in accordance with the Highway Signage Act.
3) Bed and breakfasts and short-term rentals shall be licensed in accordance with the Tourism Industry Act. https://www.westriverpe.ca/planning/tourism-short-term-rental-licensing-process