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TOWN OF BERWICK
SUBDIVISION BYLAW
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1
TABLE OF CONTENTS
PART 1:
TITLE
5
................................................................................................................................................
PART 2:
INTERPRETATION
5
........................................................................................................................
PART 3:
DEFINITIONS
6
.................................................................................................................................
PART 4:
LOT SIZE AND ACCESS
8
..............................................................................................................
4.1
ROAD FRONTAGE
8
..............................................................................................
4.2
AREA AND FRONTAGE
8
.....................................................................................
4.3
LAND USE BYLAW
8
............................................................................................
4.4
10% VARIANCE
8
...................................................................................................
4.5
BOUNDARY ALTERATIONS
8
.............................................................................
4.6
ENCROACHMENTS
9
............................................................................................
4.7
LOT SHAPES
9
........................................................................................................
4.8
INTERSECTIONS
9
................................................................................................
4.9
ADJACENT ACCESS
9
...........................................................................................
4.10
RIGHT-OF-WAY SHOWN
9
...................................................................................
PART 5:
PUBLIC STREET
10
..........................................................................................................................
5.1
APPROVAL OF STREETS
10
.................................................................................
5.2
PUBLIC STREET REQUIREMENTS
10
...............................................................
5.3
BONDING FOR STREET COMPLETION
11
........................................................
5.4
STREET ACCEPTANCE REQUIREMENTS
11
....................................................
5.5
DISTANCE BETWEEN INTERSECTIONS
11
......................................................
5.6
MAXIMUM FOUR APPROACHES
12
..................................................................
5.7
CONTINUOUS FRONTAGE
12
.............................................................................
5.8
CULL-DE-SAC
12
...................................................................................................
5.9
SUBDIVIDER'S REQUIREMENTS
12
.................................................................
5.10
PUBLIC STREET SIGNAGE
12
.............................................................................
PART 6:
SERVICE SYSTEMS
14
.....................................................................................................................
6.1
SANITARY SEWER REQUIREMENTS
14
...........................................................
6.2
STORM WATER
14
.................................................................................................
6.3
UNDERGROUND WIRING AND POWER
14
......................................................
6.4
STREETS, SIDEWALKS AND CURBS
14
............................................................
6.5
NATURAL GAS
14
..................................................................................................
6.6
ALTERNATIVES
15
................................................................................................
6.7
TRANSFER OF OWNERSHIP
15
..........................................................................
6.8
SUBDIVIDER'S REQUIREMENTS
15
.................................................................
PART 7:
PUBLIC OPEN SPACE
16
...............................................................................................................
7.1
USEABLE LAND
16
...............................................................................................
7.2
5% REQUIRED
16
...................................................................................................
7.3
WAIVER
16
..............................................................................................................
7.4
CASH IN LIEU
16
...................................................................................................
7.5
COMBINATION
16
.................................................................................................
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PART 8:
PRELIMINARY PLANS OF SUBDIVISION (Optional First Step)
17
........................................
8.1
PRELIMINARY PLAN
17
.......................................................................................
8.2
PROCEDURE
17
.....................................................................................................
PART 9:
TENTATIVE PLAN OF SUBDIVISION
18
....................................................................................
9.1
REQUIRED TO APPLY
18
......................................................................................
9.2
PUBLIC OPEN SPACE
18
......................................................................................
9.3
REFERRAL
18
.........................................................................................................
9.4
MUNICIPAL GOVERNMENT ACT
18
..................................................................
9.5
APPROVAL NOT WITHHELD
18
.........................................................................
9.6
STAMPS
18
..............................................................................................................
9.7
NOTIFICATION
18
.................................................................................................
9.8
TENTATIVE PLAN REQUIREMENTS
19
............................................................
PART 10:
FINAL PLAN OF SUBDIVISION
22
................................................................................................
10.1
REQUIRED TO APPLY
22
......................................................................................
10.2
MUNICIPAL GOVERNMENT ACT
22
.................................................................
10.3
REFERRAL
22
.........................................................................................................
10.4
PUBLIC OPEN SPACE
22
......................................................................................
10.5
LAND USE BY-LAW/BUILDING CODE BY-LAW
22
.....................................
10.6
CONSTRUCTION AGREEMENT REQUIRED
22
................................................
10.7
CONVEY PUBLIC OPEN SPACE
22
.....................................................................
10.8
SURVEY REQUIRED
22
........................................................................................
10.9
APPROVAL NOT WITHHELD
22
.........................................................................
10.10
BY-LAW VIOLATION
23
.......................................................................................
10.11
APPROVAL REFUSED
23
......................................................................................
10.12
FINAL PLAN REQUIREMENTS
23
.....................................................................
10.13
ENDORSEMENT OF FILING OF FINAL PLANS
25
...........................................
PART 11:
FEES FOR THE FILING OF A FINAL PLAN OF SUBDIVISION
27
.........................................
11.1
SUBDIVIDER PAYS
27
..........................................................................................
11.2
FEE TO REGISTRY
27
............................................................................................
11.3
RETURN OF FEE
27
...............................................................................................
11.4
TOWN OF BERWICK
27
........................................................................................
PART 12:
PLAN REPEAL PROCEDURE
28
....................................................................................................
12.1
REQUIRED TO APPLY
28
......................................................................................
12.2
MUNICIPAL GOVERNMENT ACT
28
..................................................................
12.3
REFERRAL
28
.........................................................................................................
12.4
PROVISIONS NOT APPLICABLE
28
...................................................................
12.5
STRUCTURES
28
....................................................................................................
12.6
REPEAL NOT WITHHELD
28
...............................................................................
12.7
NOTICE
28
..............................................................................................................
12.8
NOTIFICATION
28
.................................................................................................
12.9
REFUSAL
29
...........................................................................................................
12.10
FEES APPLICABLE
29
...........................................................................................
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PART 13:
APPLICATION PROCEDURES
30
..................................................................................................
13.1
REQUIRED TO APPLY
30
......................................................................................
13.2
MUNICIPAL GOVERNMENT ACT
30
..................................................................
13.3
REFERRAL
30
.........................................................................................................
Schedules:
Schedule "A" -
Subdivision Application Forms
Schedule "B" - Notice of Approval of Plan of Subdivision
Schedule "C" - Application for Repeal of a Plan of Subdivision
Schedule "D" - Repeal of a Plan of Subdivision Pursuant to Section 289 of the Municipal Government
Act
Schedule "E" -
Public Open Space Evaluation
Schedule "F"-
Town of Berwick Acknowledgement of Applicant Form
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SUBDIVISION BYLAW FOR THE
TOWN OF BERWICK
PART 1:
TITLE
This Bylaw may be cited as the Subdivision Bylaw for the Town of Berwick.
PART 2:
INTERPRETATION
In this Bylaw the word "shall" is mandatory and not permissive. Words used in the present tense shall include the future. Words used
in the singular shall include the plural and words used in the plural number shall include the singular. All other words shall carry their
customary meaning except those defined hereinafter.
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PART 3:
DEFINITIONS
3.1
In this Bylaw:
(a)
Area of Land means any existing lot or parcel as described by its boundaries.
(b)
Agreement means a legal contract entered into between the subdivider and Council relating to the
provisions of services as outlined in this Bylaw.
(c)
Board means the Nova Scotia Utility and Review Board.
(d)
Clerk means the Town Clerk of the Town of Berwick.
(e)
Council means the Town Council of the Town of Berwick.
(f)
Cul-de-sac means a street having only one entrance/exit.
(g)
Department of the Environment means the Department of the Environment for the Province of Nova
Scotia.
(h)
Department of Transportation and Public Works means the Nova Scotia Department of Transportation
and Public Works.
(i)
Development Officer means the Development Officer appointed by Council to administer the provisions of
this Bylaw.
(j)
Director means the Provincial Director of Planning.
(k)
Frontage means lot frontage as defined by the Land Use Bylaw for the Town of Berwick.
(l)
LUB means the Land Use Bylaw for the Town of Berwick.
(m)
Minister means the Minister of Service Nova Scotia and Municipal Relations.
(n)
MGA means the Municipal Government Act, chapter 18 of the Statutes of Nova Scotia, 1998 (c.18., SNS,
1998).
(o)
MPS means the Municipal Planning Strategy for the Town of Berwick.
(p)
Town means the Town of Berwick.
(q)
Town Engineer means the Engineer licensed to practice Professional Engineering in Nova Scotia and
appointed by the Town.
(r)
Town of Berwick Municipal Services Specification Manual is a manual containing design and
construction specification for Town services adopted by resolution of Council.
(s
Professional Engineer means a registered member, in good standing, of the Association of Professional
Engineers of Nova Scotia.
(t)
Province means Her Majesty the Queen in the right of the Province of Nova Scotia.
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(u)
Public Street or Highway includes any street or road owned and maintained by a Town or the Province;
(i) Town public street means any street or highway owned and maintained by the Town.
(ii) Provincial public street means any street or highway owned and maintained by the Department of
Transportation and Public Works of the Province, excluding designated controlled access highways
pursuant to Section 20 of the Public Highways Act.
(v)
Public Sewer System means any sewer system which is owned by the Town of Berwick.
(w)
Public Storm Drainage System means any drainage system whether above or below ground constructed to
collect, control and transport storm water from the area of land being subdivided to a point of discharge and
owned and maintained by the Town of Berwick.
(x)
Registry of Deeds means the office of the Registrar of Deeds for the registration district in which the area
of land being subdivided is located.
(y)
Road Right-of Way means an area of land that is legally described in a registered deed for the provision of
providing access and egress on which there is a public street or private road.
(z)
Road Surface Width means an area of land on which vehicles travel and includes the side shoulder where
vehicles are allowed to stop.
(aa)
Sanitary Sewer System means any sewer system which is owned by the Town of Berwick.
(bb)
Serviced Area means an area serviced by a public sewer system and/or public water system.
(cc)
Standard Specifications for Town Services means Standard Specifications for Town Services, latest
edition as published by the Nova Scotia Roadbuilders Association and the Nova Scotia Consulting
Engineers Association, a joint committee on contract documents.
(dd)
Subdivider means the owner or owners of the area of land proposed to be subdivided and includes anyone
acting with the owner(s) written consent.
(ee)
Subdivision means the division of any area of land into two or more parcels, and includes a re-subdivision
or a consolidation of two or more parcels.
(ff)
Surveyor means a registered member, in good standing, of the Association of Nova Scotia Land Surveyors.
(gg)
Travel Surface Width means an area of land on which vehicles travel.
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PART 4:
LOT SIZE AND ACCESS
4.1
ROAD FRONTAGE
All lots shall abut a public street or highway right-of-way.
4.2
AREA AND FRONTAGE
4.2.1
All lots shall meet the requirements for minimum lot area and minimum lot frontage for their respective zones and intended
use as set forth in the Berwick Land Use Bylaw.
4.3
LAND USE BYLAW
Sections 4.2, 4.4, 4.5 and 4.7 are inoperative and do not apply unless the Land Use Bylaw permits development on any lot
created pursuant to these sections and the Town Planning Strategy provides for both the subdivision and development of such
lots.
4.4
10% VARIANCE
4.4.1
Notwithstanding Sections 4.2.1 and 4.3, the Development Officer may approve a maximum of two lots, shown on a plan of
subdivision, in accordance with Section 279 of the MGA, provided all other requirements of this Bylaw are met.
4.4.2
Subsection 4.4.1 shall not vary the dimension for frontage below 6 metres (19.7 feet) or the minimum dimension for area in
the case of lots serviced by an on-site sewage disposal system.
4.5
BOUNDARY ALTERATIONS
4.5.1
Notwithstanding Sections 4.1, 4.2, and 4.3, the Development Officer may approve a subdivision altering the boundaries of
two or more lots where:
(a)
no additional lots are created, and
(b)
each lot:
(i)
meets the frontage requirements of Section 4.2, or any applicable dimensions for minimum lot frontage
contained in any applicable Land Use Bylaw, or
(ii)
has not had its frontage, if any, reduced, and
(c)
each lot:
(i)
meets the lot area requirements of Section 4.2 or any applicable dimensions for minimum lot area
contained in any applicable Land Use Bylaw, or
(iii)
has not had its area reduced.
4.5.2
Where the proposed lot is not surveyed, the Final Plan of Subdivision prepared pursuant to Subsection 4.5.1 shall:
(a)
be certified and stamped by a Nova Scotia Land Surveyor that the boundaries of the parcel or area of land proposed
to be added to the existing area of land have been surveyed and shown as a heavy solid line, except the common
boundary between the existing areas of land, which is surveyed and certified as being the common boundary and
shown as a heavy broken line;
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(b)
notwithstanding clause 10.12.1(b), other than the new boundaries which have been surveyed pursuant to clause (a),
show the remaining boundaries of the resulting lot for which approval is requested described graphically as a lighter
solid line; and
(c)
have the following notation or words to similar effect affixed to the plan adjacent to the certification required by the
Nova Scotia Land Surveyors Act and Regulations made thereunder, such notation to be signed by the surveyor:
"Note: The only boundaries shown on this plan which have been surveyed are the
boundaries of _______. The common boundary between the existing lots identified by
_____ and _____ which is shown by a heavy broken line is hereby certified as having
been the common boundary.
The remaining boundaries of resulting lots_____ shown on this plan are a graphic
representation only and do not represent the accurate shape or position of the lot
boundaries which are subject to a field survey".
4.6
ENCROACHMENTS
4.6.1
Notwithstanding the lot area and frontage requirements of Section 4.2 and 4.3, where a development component of a
permanent nature such as a structure, driveway, well, or on-site sewage disposal system is encroaching in or upon an
immediately adjacent lot, the Development Officer may approve a plan of subdivision to the extent necessary and practical to
remove the encroachment.
4.7
LOT SHAPES
4.7.1
Wherever possible, side lot lines shall be substantially at right angles to a public street.
4.7.2
Wherever appropriate, the rear lot lines of a series of adjoining lots shall be continuous, rather than being stepped or
jagged.
4.7.3
Lots shall not be subdivided to create a width or depth of less than 6 metres (19.7 feet).
4.8
INTERSECTIONS
There shall not be more than four (4) public street approaches in an intersection.
4.9
ADJACENT ACCESS
A right-of-way for a public street shown on a plan of subdivision submitted for approval shall, if reasonably feasible, extend
to adjacent properties at a maximum of every 400 metres (1312 feet) along the boundary of the adjacent properties.
4.10
RIGHT-OF-WAY SHOWN
Where public streets are required by any Section of this Bylaw, the entire length of the right-of-way shall be shown and
identified on the plan as being intended to provide access to the proposed lots.
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PART 5:
PUBLIC STREET
5.1
APPROVAL OF STREETS
The Town Engineer shall approve all Town public streets and highways shown on plan of subdivision prior to final approval
being given by the Development Officer pursuant to Section 280 of the MGA.
5.2
PUBLIC STREET REQUIREMENTS
5.2.1 Requirements
All proposed Town public streets or highways within the Town shown on a final plan of subdivision shall be constructed, in
addition to the following requirements, in accordance with the Municipal Services Specification Manual of the Town of
Berwick and the deed conveying title of such public streets or public highways to the Town be accepted by the Town prior to
the endorsement of approval on a final plan of subdivision by the Development Officer:
(i)
the minimum width of a proposed street shown on a plan of subdivision shall be 20 meters (66 feet) or such
lesser width, not less than 15 meters (50 feet) as determined by the Town Engineer and in accordance to the
Municipal Services Specification Manual of the Town of Berwick.
(ii)
all proposed lots which abut a public street shall have an access point to the public street which meets the
stopping sight requirements of the Town and/or the Department of Transportation and Public Works. This
does not apply to proposed lots which have an existing access to a public street.
5.2.2
Agreement Alternative
As an alternative to the complete construction and acceptance requirements for Town Public Streets, and the subdivider may
enter into a written agreement with the Town pursuant to the requirements of Sections 5.2.1, 5.2.3, 5.3 and 5.4.
5.2.3
Agreement Provisions
Agreements entered into between a subdivider and the Town in accordance with Section 5.2.2 shall contain reasonable
provisions with respect to any or all of the following:
(i)
the time within which any Town Public Street construction shall be commenced and completed; and
(ii)
the phasing of any street construction; and
(iii)
the acceptance of any street by the Town; and
(iv)
the provision and acceptance of easements and rights-of-way; and
(v)
any other matter related to the requirements for street construction.
5.3
BONDING FOR STREET COMPLETION
Where a subdivider proposes to complete construction of any Town Public Street after receiving approval of any final plan of
subdivision the following shall be required:
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(i)
the subdivider shall post a performance bond in the amount of one hundred and twenty (120) percent of the
estimated cost to complete the street; and
(ii)
the subdivider shall submit to the Development Officer for approval an estimate of costs to complete the
construction of the street and the Development Officer may revise the estimate if it is, in the opinion of the
Town Engineer, inadequate. Such estimates shall include all construction related costs including, but not
limited to, professional engineering contract management and site supervision and inspection of all
construction and work; and
(iii)
the performance bond shall be posted before endorsement of approval of any final plan of subdivision
being given; and
(iv)
the performance bond and the maintenance bond referred to in 5.3 and 5.4 shall be in the favour of the
Town and may be in the form of cash, certified cheque or letter of credit or bond issued by a surety or
guarantee company licensed by the Province of Nova Scotia and conditional on the execution and
completion of the agreement in accordance with the terms of the agreement and the requirements of this
Bylaw and shall not be subject to cancellation, termination or expiration during the period of time for
completion of the work.
5.4
STREET ACCEPTANCE REQUIREMENTS
Following completion of any Town Public Street and prior to acceptance by the Town of any street, the subdivider shall:
(i)
post a maintenance bond in the amount of ten (10) percent of the actual cost of construction of the street for
a period of twelve (12) months; and
(ii)
provide "as-built", reproducible engineering design drawings for the street including plan and profile of
streets drawn to the required scale and certified by a professional engineer; and
(iii)
provide four (4) copies of the final plan of subdivision showing the Town Public Street and all drainage
right-of-way outlined in red, road reserves outlined in yellow and easements outlined in green; and
(iv)
provide legal conveyance of ownership of the right-of-way for the Town Public Street, road reserve and
easement to the Town. This conveyance shall be in the form of a warranty deed and the subdivider shall,
through his legal counsel, certify that all property to be conveyed is free from all encumbrances; and
(v)
be responsible for all registration and other costs associated with the requirements of this section.
5.5
DISTANCE BETWEEN INTERSECTIONS
The distance between public street or highway intersections, a combination thereof shall not be less than 61 metres (200 feet)
measured from the nearest rights-of-way, or such greater distance as may be required by the Department of Transportation
and Public Works and/or the Town to meet their specifications.
5.6
MAXIMUM FOUR APPROACHES
There shall not be more than four public street or highway approaches or any thereof in an intersection.
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5.7
CONTINUOUS FRONTAGE
Continuous street frontage shall not exceed 366 metres (1,200 feet) in growth areas, unless otherwise determined to not be
feasible/desirable by the Development Officer.
5.8
CUL-DE-SAC
A cul-de-sac not exceeding 366 metres (1,200 feet) in length may be used in the development of land in Growth areas.
5.9
SUBDIVIDER'S REQUIREMENTS
(a)
Where Sections 5.2 is applicable, the subdivider shall be responsible for the following:
(i)
for complete geotechnical inspection(s) and testing prior to and during various stages of construction by the
subdividers' consulting engineer; and
(ii)
advise the Town Superintendent of Public Works of proposed test dates, sites and times; and
(iii)
allow the Town Superintendent of Public Works to inspect the construction at any stage or to verify or
confirm any required tests.
(b)
Within thirty (30) days of completion of construction, the subdivider shall provide to the Superintendent of Public
Works the following:
(i)
the reproducible record drawings of engineering design showing all the actual constructed systems
including storm drainage; and
(ii)
the results of all inspection test reports.
5.10
PUBLIC STREET SIGNAGE
All road signage, signals and markings will be in accordance with the Uniform Traffic Control Devices for Canada
Manual and the Municipal Services Specification Manual of the Town of Berwick. All road signage will be placed in the
right-of-way. No signage will be placed in the public right-of-way without the approval of the Department of Transportation
or the Town Engineer.
(i)
Stop Signs
Stop signs will be placed within all intersections. Intersections with equal traffic for all approaches may be
designated as a four way stop, subject to approval by the Department of Transportation or the Town
Engineer.
(ii)
Road Names
All Provincial public street or highway names will be approved by the Department of Transportation and
Public Works prior to final approval being given by the Development Officer.
All Town public street names will be approved by the Council of the Town of Berwick
(iii)
Road Name Signage
Road name signage will be placed for each road intersection by the subdivider and at the cost of the
subdivider.
(iv)
Other Road Signage
Other directional, speed rating and cautionary signage will be placed in the right-of-way, as warranted.
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PART 6:
SERVICE SYSTEMS
6.1
SANITARY SEWER SYSTEM
A subdivider who proposes to locate a subdivision in a serviced area or abuts existing services, shall provide a sanitary sewer
system for the said subdivision, and shall connect the said sewer system to the existing public sewer system.
When a proposed subdivision is subject to the requirements of subsection 6.2, the subdivider shall design and install a central
sanitary sewer system including collectors and laterals to the boundaries of the proposed lots, and any such system shall be
designed by a professional engineer and shall comply with the specifications as set forth in the Town of Berwick Municipal
Services Specifications Manual.
6.2
STORM WATER
The subdivider shall install a storm drainage system properly designed, by a professional engineer licensed to practice in
Nova Scotia, to remove any surface drainage that may enter the area being subdivided, be generated within the proposed
subdivision, an adequate method of disposal of the waters so as not to negatively affect any down stream properties. All
storm drainage systems shall be designed to the requirements of the Town of Berwick Municipal Services Specifications
Manual. A storm sewer lateral shall be provided from the main to the lot limit.
6.3
UNDERGROUND WIRING AND POWER
The subdivider who proposes to locate a subdivision in a serviced area or abuts to existing services, shall provide
underground wiring and power for the said subdivision and shall connect the said power system to the existing distribution
system.
When a proposed subdivision is subject to the requirements of subsections 6.1 (a), the subdivider shall design and install a
power system including mains and laterals to the boundaries of the proposed lots and any such system shall be designed by a
profession engineer and shall comply with the specifications as set forth in the Nova Scotia Power Corporation.
Underground conduits shall also be provided for telephone and community antenna television (CATV).
6.4
STREETS, SIDEWALKS, AND CURBS
A subdivider who proposes to locate a subdivision in a serviced area or abuts existing services shall provide a streets,
sidewalks, and curb for the said subdivision. Connections to existing streets, sidewalks, and curbs will be in a manner
consistent with good engineering practices.
6.5
NATURAL GAS
A subdivider who proposes to locate a subdivision in a natural gas serviced area or abuts existing services shall provide a
natural gas system for the said subdivision and shall connect the said natural gas system to the existing public gas system.
When a proposed subdivision is subject to the requirements of subsection 6.2, the subdivider shall design and install a central
natural gas system, including collectors and laterals to the boundaries of the proposed lots, and any such system shall be
designed by a professional Engineer, and shall comply with the specifications, as set forth in the Town of Berwick
Specification Manual.
6.6
ALTERNATIVES
As alternatives to 6.1 to 6.5, the Council may, upon request by the subdivider, agree to install the required sewer system. In
such cases, the subdivider shall supply to the Town, a certified cheque in an amount sufficient to cover 125% of the estimated
cost of design and installation on the system(s) as determined by the Town.
- or -
(a)
A properly executed agreement obligating the subdivider to construct a central sanitary sewer system, pursuant to
the requirements of this Bylaw
(b)
The said agreement shall set out commencement and completion dates for each project.
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13
(c)
The subdivider shall agree and pay for engineering design specifications for each system compatible with the
specifications in this Bylaw.
(d)
The agreement is to be accompanied by a bond of indemnity acceptable to Council, cash deposit or a certified
cheque in the amount sufficient to cover 125% of the estimated costs of installation of the system(s) as determined
by the Town.
7.
TRANSFER OF OWNERSHIP
Regardless of which of the above options is chosen by the subdivider, the ownership of any water and sewer system
constructed pursuant to this Bylaw is to assigned, free of encumbrances, from the subdivider of the Town, at no cost to the
Town, and the subdivider shall be responsible for 100% of actual costs and shall, upon completion of the system(s), pay any
cost over and above estimated costs. If actual costs are lower than the amount of the certified cheque or bond or deposit, the
balance shall be refunded to the subdivider. The subdivider shall arrange and pay for and have assigned to the Town any
necessary easements for the sewer system over adjoining properties.
8.
SUBDIVIDER'S REQUIREMENTS
(a)
Where sections 6.1 to 6.5 are applicable, the subdivider shall be responsible for the following:
(i)
complete inspection(s) and testing of the installation of any such service(s) installation at various stages by
the subdivider's Consulting Engineer; and
(ii)
advise the Superintendent of Public Works of proposed test dates, sites, and times: and
(iii)
allow the Superintendent of Public Works to inspect the installation at any stage or to verify or confirm any
required tests.
(b)
Within thirty (30) days of completion of installation of any services, the subdivider shall provide to the
Superintendent of Public Works the following:
(i)
the reproducible record drawings of engineering design showing all the actual constructed systems
including sanitary sewers, water systems, and storm drainage;
(ii)
the results of all test reports;
(iii)
deeds or assignments to the Town, free of encumbrances relating to infrastructure land, services and
easements as required by the Town; and
(iv)
a maintenance bond in a satisfactory form or certified cheque posted in favour of the Town in an amount of
10% of the actual costs of construction and installation of services. The bond shall be for a period of
one(1) year and shall state that it is a guarantee against deficiencies in the construction and installation of
services.
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PART 7:
PUBLIC OPEN SPACE
7.1
USEABLE LAND
For the purpose of Part 7, "Useable land" means land which:
(a)
has a minimum lot size of 929 square metres (10,000 sq. ft.) or 5% of total lot area of lands to be subdivided; and
(b)
has at least 6 metres (20 feet) frontage on a Public Street/Highway; and
(c)
is not subject to any easement for electrical power transmission lines; and
(d)
shall be certified, in a form acceptable to the Town, as being free of all encumbrances.
(e)
excepting that where Council deems a parcel to be of value to the Town for recreational, conservation, or like
purposes subsections (b) and (c) may be waived at the discretion of Council and in such case the parcel shall be deemed to be
"Useable land".
7.2
5% REQUIRED
Prior to endorsement of approval on the final plan of subdivision, the subdivider shall transfer to the Town; for park,
playground and similar public purposes; an area of useable land of good and marketable title equal to five percent (5%) of the
total area of the lots for which approval is requested and/or required as shown on the final plan of subdivision excluding
streets, roads and the residue of land owned by the subdivider, and/or cash in lieu of equivalent value subject to the
provisions of Sections 7.5 and 7.6 .
7.3
WAIVER
Section 7.2 of this Bylaw does not apply where:
(a)
no new vacant lots are being created except the remainder lot; or
(b)
the subdivision is the consolidation of two or more lots; or
(c)
lot boundaries are changed but no new vacant lots are created; or
(d)
the subdivision creates no more than 2 lots and no approval under this Bylaw has been given since the adoption of
this Bylaw in the area of land.
(e)
the subdivision of land zoned Commercial or Industrial in the Land Use By-law.
7.4
CASH IN LIEU
Before endorsement of approval of the final plan of subdivision by the Development Officer, the subdivider shall pay a sum
of money equal to 5% of the assessed value of the new lots created, exclusive of public streets and the remainder lot, if any.
This shall only apply to residentially zoned land and subdivision of more than one lot. Cash-in-lieu is to be paid by cash or by
certified cheque.
7.5
COMBINATION
A subdivider may, in lieu of complying with Section 7.2 or 7.4, offer to the Council and the Council may accept, a
combination of 7.2 or 7.4 or accept in-kind services, or combination thereof, that is equal to the value of the land being
subdivided.
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PART 8:
PRELIMINARY PLANS OF SUBDIVISION (Optional First Step)
8.1
PRELIMINARY PLAN
The subdivider proposing to subdivide an area of land may submit to the Development Officer an application in the form
specified in Schedules "A" and "F" of this Bylaw together with six (6) copies of the preliminary plan of subdivision drawn
to scale shown in either metric or Imperial and shall show the following:
(a)
name of the owner of the area of land being subdivided;
(b)
if applicable, the book and page number of the deed to the area of the land as recorded in the name of the
owner in the Registry of Deeds for the Town;
(c)
the name of all owners and parcel identifier (PID) of all properties abutting the area of land being subdivided;
(d)
the civic number of the main building on the area of land being subdivided;
(e)
a location plan showing the approximate distance between area of land being subdivided and the nearest
prominent landmark;
(f)
the shape, dimensions and area of the lots being created;
(g)
each lot identified by a number except in cases where a parcel is being added to or subtracted from an existing
area of land, in which case the parcel shall be identified by a letter and the new lot identified by the existing
area of land identifier, and where available, the letter;
(h)
no duplication of lot identifiers;
(i)
the approximate location of railways;
(j)
the name of existing and proposed public streets (and the public street number),and private roads as issued by the
civic addressing system;
(k)
the boundaries of lots being created shown by solid lines, and the vanishing boundaries of existing areas of land
being re-subdivided, consolidated or both, shown as broken lines;
(l)
the location of all main buildings within 10 metres (32.8 feet) of a property line;
(m)
the general location of watercourses and wet lands;
(n)
the north point;
o)
the scale to which the preliminary plan of subdivision is drawn;
(p)
any other information necessary to determine whether this subdivision conforms to this Subdivision Bylaw.
8.2
PROCEDURE
8.2.1
The Development Officer shall comply with the notification and approval provisions of the MGA.
8.2.2
On-Site disposal systems will not be permitted unless given permission by the Town Engineer.
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PART 9:
TENTATIVE PLAN OF SUBDIVISION
9.1
REQUIRED TO APPLY
The subdivider proposing to subdivide an area of land shall submit to the Development Officer for approval an application in
the form of Schedules "A" and "F" of this Bylaw together with twelve (12) copies of the tentative plan of the proposed
subdivision meeting the requirements of Section 9.8 of this Bylaw.
9.2
PUBLIC OPEN SPACE
Where a transfer to the Town of land for Public Open Space is required by Section 7.2, the application for Tentative Approval
shall be accompanied by or shall show on the Tentative Plan a proposal which satisfies the requirements of Section 7.2, and
the Development Officer shall forward such proposal or plans to the Recreation Director.
9.3
REFERRAL
When the Development Officer is satisfied that an application and tentative plan of subdivision are complete he/she shall, if
applicable, forward a copy to the Department of Environment, Department of Transportation and any other agency of the
Province or Town, the Development Officer deems necessary.
9.4
MUNICIPAL GOVERNMENT ACT
The Development Officer shall comply with the notification and approval provisions of the MGA.
9.5
APPROVAL NOT WITHHELD
Approval of a tentative plan of subdivision may neither be refused nor withheld as a result of the assessment or
recommendations made by the Department of Environment, the Department of Transportation or any other agency of the
Province or the Town unless the tentative plan of subdivision is clearly contrary to a law of the Province or to a Regulation or
Bylaw made pursuant to a law of the Province.
9.6
STAMPS
The following information shall be stamped or written on any tentative plan of subdivision which is approved together with
any other information necessary for the tentative plan to proceed to the final plan stage:
(a)
"This tentative plan of subdivision is approved for lots _____. Such approval lapses if the lots are not shown on a
final plan of subdivision approved within two (2) years of the date of the approval of the tentative plan".
(b)
the date of the approval of the tentative plan.
(c)
"This tentative plan of subdivision shall not be filed in the Registry of Deeds as no subdivision takes effect until a
final plan of subdivision is endorsed by the Development Officer and has been filed in the Registry of Deeds."
9.7
NOTIFICATION
9.7.1
Within ten (10) days of approving a tentative plan of subdivision, the Development Officer shall forward a copy of the
approved tentative plan to the subdivider and notify in writing, where applicable, the Department of Transportation,
Department of Environment, and any other agency of the Province or the Town, the Development Officer had requested to
review the plan, of his decision to approve the tentative plan.
9.7.2
Where the Development Officer refuses to approve a tentative plan of subdivision, he/she shall so notify the subdivider,
advising the subdivider of the appeal provisions of the MGA.
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9.8
TENTATIVE PLAN REQUIREMENTS
9.8.1
PLAN CHARACTERISTICS
Tentative plans of subdivision submitted to the Development Officer shall be shown in metric and/or imperial scale and shall
be:
(a)
drawn to scale or scales sufficient for clarity of all particulars on the tentative plan of subdivision;
(b)
based on a description of the property to be subdivided, preferably, but not necessarily, as surveyed; and
(c)
folded to approximately 20 x 30 cm (8 x 12 in.) with the face of the folded print being the title block which is
located in the lower right hand corner of the tentative plan of subdivision.
9.8.2
PLAN CONTENTS
Tentative plans of subdivision shall show the following:
(a)
the words "PLAN OF SUBDIVISION" located in the title block,
(b)
the words "TENTATIVE PLAN" located above the title block,
(c)
a clear space for stamping being a minimum of 225 square centimetres (36 sq. in.) with a minimum width of 10
centimetres (4 in.),
(d)
name of subdivision, if any, and the name of the owner of the area of land,
(e)
if applicable, the book and page number of the deed to the area of land as recorded in the name of the owner in the
Registry of Deeds,
(f)
names of all owners, and the parcel identifiers (PID), of all properties abutting the proposed subdivision,
(g)
a location map, drawn to a scale not smaller than 1:50,000 (such scale to be shown on the map), preferably with the
same orientation as the area of land and, if possible, showing the location of the closest community to the area of
land proposed to be subdivided,
(h)
the shape, dimensions, and area of the lots being created, including any remainder lands,
(i)
each lot to be created identified by a number, except, where a parcel is being added to or subtracted from an existing
area of land, such parcel shall be identified by a letter and the new lots identified by the identifier, where available,
of the existing area of land, and the number,
(j)
no duplication of identifiers,
(k)
the boundaries of the lots being created shown by solid lines, and the vanishing boundaries of existing areas of land
re-subdivided, consolidated or both, shown as broken lines,
(l)
general location and civic number of existing main buildings,
(m)
the location and name of existing private roads and existing public roads together with the public road authority
number, if existing,
(n)
the width, location, and names of proposed public roads and/or proposed private roads,
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(o)
the width and location of railroads and railroad right-of-ways,
(p)
the location of any watercourse, prominent rock formation, marsh, or swamp which might affect the layout or
provision of public roads or private roads and services to the area where the subdivision is to be located,
(q)
the width, location, and nature of any easements on or affecting the area of land proposed to be subdivided,
(r)
identification of which lots are serviced by central sewer systems, and which by central water systems,
(s)
north point,
(t)
the date on which the tentative plan of subdivision was drawn and the date of any revisions,
(u)
the scale to which the tentative plan of subdivision is drawn,
(v)
where Nova Scotia property mapping exists, the unique Parcel Identifier (PID) of all areas of land being subdivided,
and where a civic addressing system is in place, the civic number of the main building on the area of land being
subdivided;
(w)
any other information which the Development Officer deems necessary to determine whether a tentative plan of
subdivision conforms to this Subdivision Bylaw.
9.8.3
ADDITIONAL INFORMATION
9.8.3.1 In addition to meet the requirements of subsection 9.8.1 and 9.8.2, where the proposed lots front on a proposed public street
or highway, a tentative plan of subdivision shall:
(a)
show or be accompanied by a boundary survey of the area of land proposed to be subdivided, excluding the
remainder lot, certified and stamped by a Nova Scotia Land Surveyor in the manner required by the Nova Scotia
Surveyors Act and the Regulations made thereunder; and
(b)
be accompanied by four (4) copies of a plan showing:
(i)
contours at 2 metre (5 foot) intervals, and drainage patterns, and
(ii)
the width and location of proposed public roads and private roads, and their intersections with existing
public roads, and
(iii)
the location of existing and proposed central sewer and water systems and proposed connections thereto;
and
(c)
be accompanied by two (2) copies of centre line profiles and cross sections of the proposed public road stamped and
signed by a registered Professional Engineer.
9.8.3.2 Where the plan of subdivision is to be forwarded to the Department of the Environment the following additional information
is required:
(a)
the lot layout including buildings, proposed on-site sewage disposal system, proposed driveway and water wells;
(b)
the location of water courses, wetlands and other features that may influence the design of the system, including
ditches, roads and driveways;
(c)
the surface slopes and directions;
(d)
an explanation of the extent, volume and type of usage to which the system will be subjected;
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PART 10:
FINAL PLAN OF SUBDIVISION
10.1
REQUIRED TO APPLY
The subdivider proposing to subdivide an area of land shall submit an application in the form specified in Schedules "A"
and "F" of this Bylaw together with twelve (12) copies of the final plan of subdivision meeting the requirements of Section
10.12.2 of this Bylaw.
10.2
MUNICIPAL GOVERNMENT ACT
The Development Officer shall comply with the notification and approval provisions of the MGA.
10.3
REFERRAL
When the Development Officer is satisfied that an application and Final Plan of Subdivision are complete he/she shall, if
applicable, forward a copy to the Department of Environment, Department of Transportation and Public Works and any other
agency of the Province or Town the Development Officer deems necessary.
10.4
PUBLIC OPEN SPACE
Where a transfer to the Town of land for Public Open Space is required by Section 7.2, the application for final approval shall
be accompanied by or shall show on the Final Plan of Subdivision a proposal which satisfies the requirements of Section 7.2,
and the Development Officer shall forward such proposal or plans to the Recreation Director.
10.5
LAND USE BY-LAW/BUILDING CODE BY-LAW
Where buildings are shown on a plan of subdivision within 10 meters (32.8 ft.) of a new lot boundary, the Development
Officer shall forward a copy of the plan to the Building Inspector and to the Development Officer administering the relevant
Land Use Bylaw, asking them to identify any violation of the Land Use Bylaw of the National Building Code.
10.6
CONSTRUCTION AGREEMENT REQUIRED
No approval of a Final Plan may be given unless the subdivider either has laid out and constructed the public road, and any
other services required in accordance with the provisions of Sections 5.1, 5.2, 5.3, 5.4 and Part 6 or has entered into an
agreement with the Town according Sections 5.2, 5.3, 5.4 and Part 6
10.7
CONVEY PUBLIC OPEN SPACE
No approval of a Final Plan of Subdivision may be given unless the subdivider has conveyed to the Town an area of land
which satisfies the requirements of Part 7.
10.8
SURVEY REQUIRED
No approval may be given to any lot shown on a Final Plan of Subdivision unless that lot has been surveyed in accordance
with clause 10.12.1(b).
10.9
APPROVAL NOT WITHHELD
Approval of a Final Plan of Subdivision may not be refused or withheld as a result of the assessment or recommendations
made by the Department of Environment, Department of Transportation and Public Works or any other agency of the
Province or the Town unless the Final Plan of Subdivision is clearly contrary to a law of the Province or to a regulation or
bylaw made pursuant to a law of the Province.
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10.10
BY-LAW VIOLATION
Approval of a Final Plan of Subdivision may not be refused or withheld as a result of a violation of Land Use Bylaw or a
Building Code Bylaw unless the proposed subdivision creates such a violation.
10.11
APPROVAL REFUSED
Where a Development Officer refuses to approve a Final Plan of Subdivision, he shall so notify the subdivider, advising the
subdivider of the appeal provisions under the MGA.
10.12
FINAL PLAN REQUIREMENTS
10.12.1 PLAN CHARACTERISTICS
Final Plans of Subdivision submitted to the Development Officer shall be shown in either Metric or Imperial Scale and shall
be:
(a)
drawn to scale or scales sufficient for clarity of all particulars on the final plan of subdivision; and
(b)
certified and stamped by a Nova Scotia Land Surveyor that all lots for which approval is requested have been
surveyed in the manner required by the Nova Scotia Land Surveyors Act and the regulations made thereunder, except
for a final plan of subdivision prepared pursuant to Subsection 4.6.2 of this Bylaw; and
(c)
folded to approximately 20 x 30 cm (8 x 12 in.) with the face of the folded print being the title block which is located
in the lower right-hand corner of the final plan of subdivision; and
(d)
accompanied by two copies of the final version of any required engineering drawings referred to in Section 5 and 6.
(e)
in consultation with the Development Officer, the surveyor shall provide, if possible, the Town with a digital copy of
the Final Plans of Subdivision for use in the Town's Geographical Information System. The digital file shall meet the
Town of Berwick's General Mapping Specifications in the Town of Berwick Municipal Services Specification
Manual.
10.12.2 PLAN CONTENTS
Final Plan of subdivision shall show the following:
(a)
the words " Final Plan of Subdivision" located in the title block;
(b)
a clear space for stamping, having a minimum area of 225 square centimetres (36 square inches) with a minimum
width of 10 centimetres (4 inches);
(c)
the name of the subdivision, if any, and the name of the owner(s) of the land;
(d)
if applicable, the book and page number of the deed to the area of land as recorded in the name of the owner in the
Registry of Deeds;
(e)
where Nova Scotia property mapping exists, the unique Parcel Identifier (PID) of all areas of land being subdivided,
or where this property mapping does not exist the assessment account number may be shown:
(f)
the civic number of the main buildings on the area of land being subdivided;
(g)
the names of all owners or the lot identifiers of all properties abutting the proposed subdivision;
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(h)
a location map, drawn to a scale not smaller than 1:50,0000 (such scale to be shown on the map), preferably with the
same orientation as the area of land and, if possible, showing the location of the closest community to the area of land
being subdivided;
(i)
the shape, dimensions, and area of the lots being created;
(j)
each lot created identified by a number, except, where a parcel is being added to or subtracted from an existing area
of land, in which case the parcel shall be identified by a letter and the new lots identified by the existing area of land
identifier, where applicable, and the letter;
(k)
no duplication of lot identifiers;
(l)
the boundaries of lots being created shown by solid lines, and the vanishing boundaries of existing areas of land being
re-subdivided, consolidated or both, shown as broken lines;
(m)
the location of existing buildings within 3 meters (9.8) feet of a property boundary;
(n)
the location of existing public streets (and public street authority number), as issued by the civic addressing system;
(o)
proposed public streets and roads shall be surveyed;
(p)
the width and location of rail lines;
(q)
the location of any watercourses, wetlands, or prominent rock formations;
(r)
the width, location, and nature of any easements on or affecting the area of land proposed to be subdivided;
(s)
the north point;
(t)
where applicable, a notation stating the lots are serviced by a public sewer system;
(u)
the date on which the plan was drawn and the date of any revisions;
(v)
the scale to which the plan of subdivision is drawn;
(w)
where applicable, the shape, dimension, area and bearings of the boundaries of lots accepted by Council as Public
Open Space under the provisions of Part 7 of this Bylaw;
(x)
any other information which the Development Officer deems necessary to determine whether the final plan of
subdivision conforms to this Bylaw.
10.12.2 ADDITIONAL INFORMATION
Where the plan of subdivision is to be forward to the Department of the Environment the following additional information is
required:
(a)
the lot lay out including buildings, proposed on-site sewage disposal system, proposed driveway and water wells;
(b)
the location of watercourses, wetlands and other features that may influence the design of the system, including
ditches, roads and driveways;
(c)
the surface slopes and directions;
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(d)
an explanation of the extent, volume and type of usage to which the system will be subject;
10.12.3 APPROVAL AFTER CONVEYANCE
A Final Plan of Subdivision showing lots to be approved pursuant to Section 287(3) of the MGA by special note on the plan
shall:
(a)
identify such lots;
(b)
state the names of the grantor and the grantee of such lots; and
(c)
state the date, book and page number of the conveyance of such lots as recorded in the Registry of Deeds.
10.13
ENDORSEMENT OF FILING OF FINAL PLANS
10.13.1 ENDORSEMENT
When the requirements of the MGA and this Bylaw have been met, and the Final Plan of Subdivision has been approved by
the Development Officer, approval shall be endorsed on the Final Plan of Subdivision by the Development Officer.
10.13.2 PLAN TO SUBDIVIDER
The Development Officer shall forward a copy of the endorsed Final Plan of Subdivision to the subdivider.
10.13.3 NOTIFICATION OF APPROVAL
The Development Officer shall give notice of the endorsement of approval on the Final Plan of Subdivision to:
(a)
the surveyor; and
(b)
the Assessment Department; and
(c)
the Registry of Deeds with a notice of approval in the form specified in Schedule "B" of this Bylaw; and
(d)
any other department or agency of the Province or the Town who had been requested to review the Final Plan of
Subdivision.
10.13.4 STAMPS
The following information shall be stamped or written and completed by the Development Officer on any Final Plan of
Subdivision which is endorsed:
(a)
"Town of Berwick
This Final Approval of Subdivision is approved for lot(s)_______________
Endorsed: Development Officer
Date: ";
(b)
where applicable:
(i) " Lot(s) nos._______________________________ (is, are) suitable for the
(lot(s) approved and/or remainder)
Construction or installation of an on-site sewage disposal system for ______________________and any conditions
which apply are contained in a report dated ______________and available from the Department of the Environment";
or
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(c) Public Roads
The following streets and highways are owned and maintained by:
Town of Berwick
Street Name(s):______________________
(d) TOWN SUBDIVISION FILE NO:_______________________
(e) Lot(s)____ is/are in excess of 9000 meters squared. The lot(s) was/were not assessed for an on-site sewage disposal
system and will require
approval of the Department of the Environment as stated in a letter dated
______________.
(f) The Town of Berwick Superintendent of Public Works has reviewed the subdivision submission in accordance to the
Town of Berwick Subdivision Bylaw, Part 5.
__________________________ _________
Superintendent of Public Works
Date
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PART 11: FEES FOR THE FILING OF A FINAL PLAN OF SUBDIVISION
(Refer to Town's Development Control and Planning Applications Fees Bylaw)
11.1
SUBDIVIDER PAYS
The subdivider shall pay fees specified in the Development Control and Planning Applications Fees Bylaw, for filing the
endorsed Final Plan of Subdivision, certifying a copy of the Plan, and registering a notice of approval of the Plan.
11.2
FEE TO REGISTRY
The fee referred to in Section 11.1 shall be paid at the time of application for approval of the Final Plan of Subdivision by
cheque or money order made payable to the Registry of Deeds.
11.3
RETURN OF FEE
Where the Final Plan of Subdivision does not receive endorsement of approval by the Development Officer, the subdivider
shall be entitled to the returned cheque or money order referred to in Section 11.1.
11.4
TOWN OF BERWICK
The subdivider shall submit an application fee as outlined in the Town's Development Control and Planning Applications
Fees Bylaw.
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PART 12: PLAN REPEAL PROCEDURE
12.1
REQUIRED TO APPLY
Any person requesting the repeal of an approved Plan of Subdivision shall submit an application to the Development Officer
in the form specified in Schedule "C" of this Bylaw.
12.2
MUNICIPAL GOVERNMENT ACT
The Development Officer shall comply with the notification and approval provisions of the MGA which apply to the repeal
of a Plan of Subdivision.
12.3
REFERRAL
When the Development Officer is satisfied that an application is complete he/she shall forward a copy to the Department of
Environment, Department of Transportation and any other agency of the Province or the Town which commented on the
original Plan of Subdivision.
12.4
PROVISIONS NOT APPLICABLE
The provisions of Parts 4 to 11 of this By-law do not apply to the repeal of an approved Plan of Subdivision.
12.5
STRUCTURES
Where buildings have been erected on the subject lands after the date of the subdivision approval which is sought to be
repealed, no repeal shall be granted which would cause these buildings to be in violation of any Building Code Regulation,
Land Use Bylaw, or sewage disposal regulations unless a new Plan of Subdivision rectifying such violations is approved and
filed in the Registry of Deeds on the same day as the repeal of the Plan of Subdivision is filed.
12.6
REPEAL NOT WITHHELD
Repeal of an approved Plan of Subdivision may not be refused or withheld as a result of the assessment or recommendation
made by the Department of Environment, Department of Transportation or any other agency of the Province or the Town
unless the repeal is clearly contrary to a law of the Province or to a regulation or bylaw made pursuant to a law of the
Province.
12.7
NOTICE
When the requirements of the MGA and this Bylaw have been met, the Development Officer shall complete and sign a notice
in the form specified in Schedule "D" of this Bylaw, register the notice at the Registry of Deeds, and forward the fees
required by Section 12.10 of this Bylaw.
12.8
NOTIFICATION
The Development Officer shall forward a copy of the notice of the repeal of the Plan of
Subdivision to:
(a) the subdivider;
(b) the surveyor;
(c) the Department of Transportation;
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(d) the Department of Environment; and
(e) the assessment office; and
(f) any other department or agency of the Province or Town who reviewed the original application for subdivision approval.
12.9
REFUSAL
Where the Development Officer refuses to approve a plan of subdivision, the Development Officer shall notify the subdivider
pursuant to the MGA, gives reasons for refusal, and advise the subdivider of the appeal provisions of the MGA.
12.10
FEES APPLICABLE
The provisions of Part 11 of this By-law apply to the repeal of an approved Plan of Subdivision as they do to the approval of
a Final Plan of Subdivision.
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PART 13: APPLICATION PROCEDURES
13.1
REQUIRED TO APPLY
Application for approval of a plan of subdivision shall be made to the Development Officer in the form specified in Schedule
"A" of these regulations.
13.2
MUNICIPAL GOVERNMENT ACT
The Development Officer shall comply with the notification and approval provisions of the MGA.
13.3
REFERRAL
The Development Officer shall forward a copy of the plan of subdivision to:
(a) in areas served by a central sewer and public streets, the Superintendent of Public Works;
(b) any other agency of the Town which the Development Officer deems necessary.
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SCHEDULE "A"
TOWN OF BERWICK
APPLICATION FOR SUBDIVISION APPROVAL
FOR OFFICE USE ONLY
File No:
SUBDIVISION RELATED INFORMATION
Name of Land Owner(s)
Address of Land Owner(s)
Postal Code Phone Subdivision Name (if different from owner)
Documents To Be Returned To Correspondence To Be Directed To
LAND TO BE SUBDIVIDED
Location Town
Parcel Identifier Community
Type of Application o Preliminary (Optional) o Tentative o Final
Registration and Processing Fee Attached o Yes o No
Type of Development Proposed Single Family o Other (Specify)
Approval Requested For Lot(s) #
Is there a remainder lot? o Yes o No
WATER SERVICES
SEWER SERVICES
ACCESS
Town System
Drilled Well
Dug Well
Other (Specify)
Existing
o
o
o
_______
Proposed
o
o
o
Town System
On-Site
Other (Specify)
Existing
o
o
__________
Proposed
o
o
Public Road
Other (Specify)
Existing
o
Proposed
o
I certify that I am the owner or am acting with the owner's written consent.
Signature Date
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SCHEDULE "B"
NOTICE OF APPROVAL OF A PLAN OF SUBDIVISION IN
ACCORDANCE WITH SUBSECTIONS 285(3) AND 285(4) OF THE MUNICIPAL GOVERNMENT
ACT
Name of Owner(s)
Name of Subdivision
Location
Date of Approval For Lot(s)
Surveyor Date of Plan
Dated this day of
Development Officer
, 200
This plan of subdivision may also contain information regarding the lots approved on
this plan with respect to one or more of the following:
1.
The availability of public sewer and water systems.
2.
Information indicating whether or not the lots abut a public street.
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SCHEDULE "C"
APPLICATION FOR REPEAL OF A PLAN OF SUBDIVISION
File No.
APPLICANT RELATED INFORMATION
Name of Owner(s) Phone
Address of Land Owner(s) Postal Code
Documents To Be Returned To
Correspondence To Be Directed To
INFORMATION RELATED TO THE APPROVED PLAN OF SUBDIVISION
SOUGHT TO BE REPEALED
Name of applicant for subdivision approval
Location Town
The Plan of Subdivision was approved on the day of , 200 ,
and is filed in the Registry of Deeds at in the Town of
the County of as Plan # .
Lot(s) # was/were approved.
o Registration fee submitted.
CERTIFICATION OF FACTS
(Reasons For Repeal)
(If more space required, attach additional sheet)
OWNER'S CERTIFICATE
I certify that the information in this application is true and complete, that I am applying for repeal of this Plan of
Subdivision with the full knowledge and consent of all persons with legal interest, including mortgagees, in the lands
affected by the repeal and that these persons have co-signed this application.
____________________
__________________________________________________
Date
Signature of Owner/Agent
____________________
__________________________________________________
Date
Signature of Owner/Agent
____________________
__________________________________________________
Date
Signature of Owner/Agent
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SCHEDULE "D"
REPEAL OF A PLAN OF SUBDIVISION PURSUANT TO
SECTION 289 OF THE MUNICIPAL GOVERNMENT ACT
Name of Owner(s)
Name of Subdivision
Location
Surveyor Date of Plan
Date of Approval of the Plan of Subdivision
Being Plan # at the registry of deeds.
THIS PLAN OF SUBDIVISION IS REPEALED
Dated at in the
Province of Nova Scotia, this day of , 200 .
Development Officer
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SCHEDULE "E"
Public Open Space Evaluation
INSTRUCTIONS:
Each lot proposed for public Open Space shall be separately evaluated by inspecting the lot itself and all other available
information about the lot. Evaluate each of the characteristics listed below. If the lot has the characteristic, enter the
assigned value in the "score" column. If not, enter 0 in the "score" column. Add the scores in each section to get
subtotals. Then add Section scores together to get a total score. To satisfy the definition of "useable land" the score must
meet or exceed the minimum score for each Section, as well as the overall minimum score.
SECTION
CHARACTERISTIC
ASSIGNED
SCORE
VALUE
1. Grades
over 50% of lot area with 0-8% slopes
+1
over 25% of lot area with over 8-12% slopes 0
over 25% of lot area with 12%+ slopes
-1
Minimum Score
0
2. Soil &
over 25% of the lot area with swamp or bog -1
Water
over 25% of the lot area flood plain
-1
over 25% of the lot area wetland
-1
subject to damage by storm drainage
-1
Minimum Score
0
3. Location
central to subdivision or adjacent to one or more approved lots
+1
linked to other recreation lands
+1
coastal, lake, river or perennial stream waterfrontage
+1
Minimum Score
+1
4. OVERALL MINIMUM SCORE
+2
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Schedule "F"
Town of Berwick
236 Commercial Street, P.O. Box 130, Berwick, NS B0P 1E0
Phone (902) 538-8068 Fax (902) 538-3724
e-mail: townclerk@town.berwick.ns.ca
TOWN OF BERWICK
ACKNOWLEDGEMENT OF SUBDIVISIONS PROVISIONS FORM
I, the undersigned, __________________________________ being the Applicant herein, do hereby confirm
that I have been made aware of the provisions concerning public streets of the Town of Berwick Subdivision
By-Law and I hereby acknowledge that I fully understand the impacts and legal effects of those provisions as
they relate to the matter of my application.
DATED at______________________ , in the Town of Berwick in the Province of Nova Scotia,
this _______day of _______________ , A.D., ____________ .
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______________________________
Applicant's Signature
______________________________
Development Officer's Signature
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