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Severance (Consent) Applications

The most common form of land division within Stone Mills is achieved through the submission of Severance applications.  These applications are authorized pursuant to Section 53 of the Planning Act.  Severance applications are considered by the Committee of Adjustment.  Decisions of the Committee of Adjustment may be viewed on the Committee of Adjustment page of this website.

To be approved, severance applications must be consistent with the:

Land owners proposing a severance application must submit a fully completed Severance Application Form.

In addition to the application form, proponents must also submit:

  1. A sketch prepared by an Ontario Land Surveyor that describes the proposal in accordance with those requirements provided in the severance application form;
  2. The required application fee and refundable security deposit as indicated below;
  3. A signed Acknowledgement Of Costs form available on the maing Planning page;
  4. The applicable fee to the Kingston Frontenac Public Health Fee; and
  5. The applicable fee to the Quinte Conservation Authority.

When applicable the proponent must submit the following:

  1. A report respecting any previous severances applicable to the parcel of land since November 23, 1992
  2. A Minimum Distance Separation report as described on the main Planning page if the proposal is within 1 kilometer of an agricultural operation
  3. A Reserve Sewage System Capacity Report form available on the main Planning page
  4. Such other reports that may be required in accordance with the Policies of the Official Plan

Prior Consents Report

As part of a complete application, the applicant must demonstrate that the lands qualify for the creation of a new lot in accordance with the policies of the official plan.  One of the more common problems in having a consent approved is the number of lots that have been created previously from the same parcel of land.

A PRIOR CONSENTS REPORT has been developed to assist the applicant which is required to be completed by a qualified professional and submitted at the time of the application.

Fees and Deposits

The fee and deposit must be submmitted together with the application for the application to be deemed as complete.  The application fee is non-refundable and is intended to cover the internal costs of Stone Mills to process the application.  The deposit is refundable to the applicant upon sucessful completion of the application and all outside costs incurred by Stone Mills has been paid.

Application Fee           $800

Application Deposit     $500

Pre-Submission Meeting

It is suggested that a meeting be arranged with Township Staff prior to submission of a severance application to discuss the proposal and any additional requirements that may arise from the proposal.

Potable Drinking Water

The applicant is required to provide a well on a lot when the lot is less than 4.0 hectares in area, or at anytime whenever there is a concern there could be an in-sufficient potable water supply to service the well or any abutting wells for any reason.

When a well is required, the applicant must demonstrate that the water from the well meets the Ministry of Environment D-5-5 requirements for quantity and quality.  The D-5-5 test for quantity includes a requirement for a 6 hour pumping test.  However, the well contractor may reduce this pumping test to not less than 1 hour, if the well contractor is of the opinion there is a sufficient supply of water to meet the D-5-5 requirements without the need for the longer pumping test.  Specific tests must be performed to demonstrate the water from the well meets these requirements and evidence of satisfactory completion of these tests must be provided to the Township.

All wells developed in Ontario shall be completed in accordance with Ontario Regulation 903-1990.  This regulation prescribes the professional standards for persons that can legally develop a well, the location of the well as well as the techncial requirements in respect to the development of the well.

Legal Situations

The following article is re-printed with permission from the legal firm of Cunningham, Swan, Carty, Little & Bonham LLP from their Winter 2017 publication of "Legal Matters".

Natural Severance Waterways






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