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MUNICIPALITY OF YARMOUTH
SUBDIVISION BY-LAW
S-0810-20
Subdivision By-Law S-0180-20
Page 1
Table of Contents
Part 1
Title
3
Part 2
lnterpretation
3
Part 3
Definitions
3
Part 4
Procedure for Approval of Plans or Instruments of Subdivision 4.1 General
6
Part 5
General Provisions
9
Part 6
Public and Private Roads
13
Part 7
Parkland Dedication
18
Part 8
Preliminary Plans of Subdivision (Optional)
20
Part 9
Concept Plans
22
Part 10 Tentative Plans of Subdivision
24
Part 11
Final Plans of Subdivision
28
Part 12
Instrument of Subdivision
31
Part 13
Repeal of a Plan or Instrument of Subdivision
34
Part 14
Requirements of Subdivider
35
Part 15
Performance Bond
36
Part 16
Maintenance Bond
37
Part 17
Municipal Public Road Specifications
37
Part 18
Private Road Specifications
38
Part 19
Sewer Specifications
38
Part 20
Water System Specifications
39
Schedule "B"
41
Schedule "C"
42
Schedule "D"
43
Schedule "E"
44
Schedule "F"
46
Schedule "G"
47
Subdivision By-Law S-0180-20
Page2
Part 1 Title
1.1
This By-law may be cited as the Subdivision By-law for the Municipality of the District of
Yarmouth which shall apply to all lands within the Municipality.
Part 2
Interpretation
2. 1
In this By-law 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 except where
otherwise indicated and words used in the plural number shall include the singular. All other
words shall carry their customary meaning except those defined hereinafter.
2.2
Where there is a conflict between the requirements of this By-law and those of any other By-law
or Regulations the most restrictive requirement shall apply.
Part 3 Definitions
3. 1
Act means the Municipal Government Act, Chapter 18 of the Statues of Nova Scotia.
3. 2
Agreement means a written contract entered into between the subdivider and the Municipality
relating to the construction, conveyance and the posting of bonds for municipal public roads,
sanitary sewer and water systems as outlined in this By-law.
3. 3
Area of Land means any existing lot or parcel as described by its boundaries.
3. 4
CAO means the Chief Administrative Officer of the Municipality of the District of Yarmouth.
3. 5
Council means the Council of the Municipality of the District of Yarmouth.
3. 6
Department of the Environment means the Nova Scotia Department of the Environment.
3. 7
Department of Transportation means the Nova Scotia Department of Transportation and
Infrastructure Renewal.
3. 8
Development Officer means that person, appointed by the Council pursuant to the Act and
having the power and duty to administer this By-Law.
3. 9
Engineer means the engineer of the Municipality of the District Yarmouth and includes a person
acting under the supervision and direction of the engineer.
3. 10
Flag lot means a lot with a configuration that resembles an outstretched flag at the top of a flag
pole with the pole extending from a public road or a private road.
Subdivision By-Law S-0180-20
Page 3
3. 11
Frontage shall be measured the same as set out in the land Use By-law.
3. 12
Homeowners association or Lot Owners Association is an organization in a subdivision, planned
community that makes and enforces rules for the properties and their residents.
3. 13
Land Use By-law means the land Use By-law for the Municipality of the District of Yarmouth.
3. 14
Lot means any parcel created by the filing of a plan of subdivision or the registering of an
instrument of subdivision.
3. 15
Lot Lines means lot lines as defined in the land Use By-law.
3. 16
Manual means the Municipal Design Specifications Manual for the Municipality of the District of
Yarmouth.
3. 17
Minister means the Minister of the Department of Municipal Affairs and Housing.
3. 18
Municipality means the Municipality of the District of Yarmouth.
3. 19
Municipal Planning Strategy means the Municipal Planning Strategy for the Municipality of the
District of Yarmouth.
3. 20
Municipal Sewer means a sewer controlled by the Municipality.
3. 21
Private Road means any road which is not public shown on a plan of subdivision which:
a) Extends to and has access to a public road or existing private rood and where not totally
located within the area of
land being subdivided, the private road shall have an easement for
right-of-woy and access which has been clearly granted by deed, registered in the Registry of
Deeds for the County of Yarmouth; and
b) Includes any private road approved by the Department of
Transportation and shown on an
approved plan of subdivision prior to the first day of August, 1987 and filed in the Registry of
Deeds;
3. 22
Professional Engineer means a registered member, in good standing, of the Association of
Professional Engineers of Nova Scotia (Engineers Nova Scotia) or; one who is licensed to practice
in the Province of Nova Scotia.
3. 23
Property Valuation Services Corporation (PVSC} is mandated under the Nova Scotia Assessment
Act to assess every property in Nova Scotia.
Subdivision By-Law S-0180-20
Page4
3. 24
Proposed Lot means any lot being proposed to be created by a plan or instrument of
subdivision, including a remainder lot;
3. 25
Province means Her Majesty the Queen in right of the Province of Nova Scotia.
3. 26
Public Road includes any road owned and maintained by the Municipality or the Province; and
a) Municipal Public Road means any road owned and maintained by the Municipality;
b) Provincial Public Road means any road owned and maintained by the Department of
Transportation excluding designated controlled access highways pursuant to Section 20 of
the Public Highways Act.
3.26
Registry of Deeds means the office of the Registrar of Deeds for the County of Yarmouth.
3.27
Right-of-way means an easement for a right-of-woy and access extending to and having access
to a public road or water frontage.
3.28
Sanitary Sewer means a sewer receiving and carrying liquid and water carried waste and to
which storm, surface and groundwater are not intentionally admitted.
3.29
Sewer means a pipe or conduit for carrying sewage, groundwater or surface runoff, and includes
all sewer drains, storm sewers, clearwater sewers, storm drain and combined sewers vested in,
or under the control of the Municipality.
3.30
Subdivider means the owner of the area of
land proposed to be subdivided and includes anyone
acting with the owner's written consent.
3.31
Subdivision means the division of any area of
land into two or more parcels, and includes a
resubdivision or a consolidation of two or more parcels.
3.32
Surveyor means a registered member, in good standing, of the Association of Nova Scotia Land
Surveyors.
3.33
Travel Surface is the durable surface material laid down on a road or street intended to sustain
vehicular or foot traffic as compared to the width of the roadway surface which may include
shoulders.
3.34
Water Frontage shall be measured the same as set out in the Land Use By-law.
3.35
Water System means the source, structures, pipes, hydrants, meters, devices and related
equipment used, or intended to be used, for the collection, transportation, pumping or
treatment of water, and which are vested in or under the control of the Town of Yarmouth
Water Utility.
Subdivision By-Law S-0180-20
Page 5
Part 4 Procedure for Approval of Plans or Instruments of Subdivision
4.1 General
4.1.1 Application for approval of a plan or instrument of subdivision shall be made to the
Development Officer in the form specified in Schedule "A" of this By-law.
4.1.2 The Development Officer shall comply with the notification and approval provisions of the
Act.
4.1.3
A copy of the plan or instrument of subdivision shall be forwarded to:
a)
in areas not served by a municipal sewer, the Deportment of the Environment to
determine compliance with the On-Site Sewage Disposal Systems Regulations except
where the proposed lot:
i)
is greater than 9,000 square metres (96,878.4 square feet),
ii)
has a width of 76 metres (249.3 feet) or more, and
iii) the applicant has certified on the application that the proposed lot is not
intended for a purpose requiring an on-site sewage disposal system.
iv)
Contains an on-site sewage disposal system and is being increased in size,
provided all other proposed lots shown on the plan meet the requirements
listed in subclause (a); or
4.1.4 in areas served by a municipal sewer system, the authority having jurisdiction for central
sewer.
4.1.5 the authority having jurisdiction for public roads; and
4.1.6
any other agency of the Province or the Municipality which the Development Officer deems
necessary.
4.1.7 A plan or instrument of subdivision that shows a proposed lot referred to in Sections 8.2.5,
9.2.6 or 10.2.2, 11.2.6 or 12.2. 7 shall be forwarded to the Department of Environment for
confirmation that the Department is in agreement that the proposed lot does not require an
on-site sewage disposal system.
4.1.8 Any agency which has been forwarded a copy of the plan or instrument of subdivision
pursuant to Section 4.1.3 shall forward a written report of their assessments or
recommendations to the Development Officer.
Subdivision By-Law S-0180-20
Page6
4.1.9
Approval of a plan or instrument of subdivision may not be refused or withheld as a result of
the assessment or recommendations made by the Department of the Environment, the
Department of
Transportation or any other agency of the Province or the Municipality unless
the plan or instrument of subdivision is clearly contrary to a law of the Province or regulation
made pursuant to a law of the Province, including any applicable requirements for lot area
and lot frontage contained in the Land Use By-law.
4.2 Approval of Tentative and Final Plans and Instrument of Subdivision
4.2.1
The Development Officer shall:
4.2.2
Forward a copy of the approved tentative plan of subdivision to the applicant and the
surveyor.
4.2.3
Forward an endorsed copy of the final plan or instrument of subdivision to the applicant and
the surveyor.
4.3 Refusal to Approve Tentative and Final Plans and Instruments of Subdivision
4.3.1
Where the Development Office refuses to approve a tentative plan, final plan, or instrument
of subdivision, the Development Officer shall:
4.3.2
notify the applicant pursuant to Section 277{3} of the Act, give reasons for refusal and advise
the applicant of the appeal provisions of Section 284 of the Act; and
4.3.3
give notice of the refusal to all agencies which were forwarded a plan or instrument of
subdivision pursuant to Section 4.1.3
4.4 Other Conveyances Executed Before Approval of Final Plans or Instruments of Subdivision
4.4.1
A final plan or instrument of subdivision showing lots to be approved pursuant to Section
287(3) of the Act by special note on the final plan or instrument shall:
a)
identify such lots;
b)
state the names of the granter 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.
Subdivision By-Law S-0180-20
Page 7
4.5
Fees
4.5.1
At the time of final application, the subdivider shall submit to the Development Officer the
fees contained in the Costs and Fees Act and regulations made thereunder, for
4.5.1.1 filing the endorsed final plan of subdivision or an amendment to a plan of subdivision,
and registering a notice of approval of the plan,
4.5.1.2 registering an instrument of subdivision or an amendment to an instrument of
subdivision; or
4.5.1.3 registering a repeal of a plan or instrument of subdivision; and
4.5.1.4 applicable processing fees have been paid in accordance with the Fees Policy of the
Municipality per final application for subdivision approval or per application to
amend or repeal a plan or instrument of subdivision made payable by cheque or
money order to the Municipality or in a form acceptable to the Municipality.
4.5.2 Where the Development Officer refuses to approve, amend or repeal a final plan or
instrument of subdivision, the Development Officer shall return the fees referred to in Section
4.5.1 to the subdivider.
Subdivision By-Law S-0180-20
Page 8
Part 5
General Provisions
5.1 Lots Frontage and Access Requirements
5.1.1
In accordance with the zoning provisions established in the land Use By-law lots shall abut
and front upon a public road or private road; or
5.1.1.1 are to be served by an existing right-of-way or where a new right-of-way is created, it
shall have a minimum width of 20 feet where:
a)
a maximum of one lot is created within an area of
land which abuts a public
road or private road; or
b)
a maximum of four lots are created, excluding the remainder, within an area
of
land which does not about a public road or private road. If a fifth lot is
proposed to be created then all lots must have access by a public road or a
private road constructed within the specifications in this By-law and the
Manual.
5.1.1.2 For Lots created under Section 5.1.1.1 the Subdivider shall include restrictive
covenants which benefit and burden each Lot comprising part of the Subdivision and
which shall include that the owner of each Lot is to become a member of a
Homeowner's Association and to abide by its' by-laws if the subdivision fronts upon a
private road.
5.1.1.3 have water frontage of a minimum width of 20 feet or are served by a right-of-way of
a minimum width of 20 feet to water frontage where:
a)
a maximum of two lots are created, both approved or one approved and one
a remainder, within an area of
land which is landlocked and the lots are not
to be accessed other than by water; or
b)
the lots are created on an island that does not contain public roads, private
roads or rights-of-way.
5.5.1.4 the lots abut and front upon the Breakwater Wharf Road in the Residential Hamlet
(RH) Zone in the Hamlet of Port Maitland.
5.1.2
For the purpose of Clauses 5.1.1.1 (a) and (b), "area af
land" means any lot or parcel
described by its boundaries as they existed on April 1, 1987 whether or not there has been
any alteration to said boundaries subsequent to the aforementioned date.
Subdivision By-Law S-0180-20
Page 9
5.2 Minimum Lot Requirements
5.2.1
All lots shall meet the applicable dimensions for minimum lot area and lot frontage contained
in the Land Use By-law except as required by Section 12.2.1 of this By-law.
5.3 Lots Deemed to Meet Minimum Lot Area Requirements
5.3.1
Notwithstanding the minimum lot area requirements of any zone excluding the Lake George
Watershed (LGW) and Rural Development (RD) Zones (Part (20) and (13) respectively of the
land Use By-law), the Development Officer may approve a final plan of subdivision, where an
authorized person of the Department of the Environment has assessed the proposed lots
shown on a final plan of subdivision and approved such lots for the installation of on-site
sewage disposal systems, such lots shall be deemed to meet the lot area requirements
contained in the Land Use By-law.
5.4 Relaxation of Minimum Lot Area and Frontage Requirements
5.4.1
Notwithstanding Section 5.2, the Development Officer may approve a maximum of two lots,
shown on a final plan of subdivision, in accordance with Section 279 of the Act, having:
a)
areas or frontages or both not less than 90 percent of the minimum required
by the land Use By-law provided the lots are served by a municipal sewer; or
b)
frontages not less than 90 percent of the minimum lot frontage required by
the land Use By-law provided the lots are served by on-site sewage disposal
systems; and
c)
provided, in all cases, that all other requirements of this By-law are met.
5.5 Lots for Special Uses
5.5.1
The Development Officer may approve a final plan of subdivision for a lot which is a maximum
of 5,005 square feet in area for a special use permitted by the land Use By-law, provided the
lot does not contain an existing on-site sewage disposal system or is not to be connected to
municipal sewer.
5.6 Lot Boundary Alterations
5.6.1
Notwithstanding Sections 5.1 and 5.2, the Development Officer may approve a final plan of
subdivision altering the boundaries of two or more areas of land where:
a)
no additional lots are created; and
b)
each lot meets the minimum dimension for lot frontage as required by the
land Use By-law or has not had its frontage, if any, reduced; and
Subdivision By-Law S-0180-20
Page 10
c)
each lot meets the minimum dimension for lot area as required by the land
Use By-law or has not had its area reduced.
5.6.2 Where the proposed lot is not surveyed, the final plan of subdivision prepared pursuant to
Section 5.6.1 shall:
a)
be certified and stamped by a Nova Scotia Land Surveyor that the boundaries
of the parcel 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;
b)
notwithstanding Section 11.2.2, 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, complete and signed by the surveyor, affixed to
the plan adjacent to the certification required by the Nova Scotia Land
Surveyors Act and regulations made under the Act:
NOTE: The only boundaries shown on this plan which have been surveyed are the boundaries of __
.
The common boundary between the existing areas of land 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 Lot
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.
5.7 Encroachment Conditions
5.7.1
Notwithstanding Sections 5.2 where a development component of a permanent nature such
as a building, structure, well, on-site sewage disposal system or drive-way is encroaching in
or upon an immediately adjacent area of
land, the Development Officer may approve a plan
of subdivision to the extent necessary and practical to remove the encroachment.
5.7.2 Where a lot created pursuant to this Section is not surveyed, the provisions of Section 5.6.2
shall apply.
5.8 Two or More Main Buildings
5.8.1
Notwithstanding Section 5.2, where an area of
land contains more than one main building
built or placed on the land prior to November 9, 1984, the Development Officer may approve
a final plan of subdivision creating the same number of lots or fewer as there are main
Subdivision By-Law S-0180-20
Page 11
buildings provided:
a)
each lot containing a main building shall have the approval of the
Department of Environment; or
b)
where required, each lot containing a main building shall be served by a
municipal sewer; and
c)
each lot containing a main building shall, as close as is practicable, comply
with the minimum lot frontage requirements of the Land Use By-law; and
d)
the common lot line or lines between lots containing a main building shall, as
close as is practicable, comply with the minimum yard requirements of the
Land Use By-law.
5.9 Minimum Lot Width and Depth
5.9.1
Lots shall not be subdivided to create a width or depth of less than 20 feet.
5.9.2
Notwithstanding Section 5.9.1, Flag lots must meet the following requirements:
a)
Where the main body of the flag lot is 100 m {328 feet) or less from the
public road the minimumfrontoge and the width of the pole for its entire
length shall be 6.lm (20 feet); or
b)
Where the main body of the flag lot is more than 100 m {328 feet) from the
public road the minimum frontage and the width of the pole for its entire
length shall be 12.2m (40 feet).
Subdivision By-Law S-0180-20
Page 12
Part 6 Public and Private Roads
6.1 Public Roads
6.1.1
All proposed municipal public roads shall be shown on a final plan of subdivision, paved in
accordance with the Manual, and shall be approved by the municipal engineer.
6.1.2
All proposed municipal public roads shown on a final plan of subdivision approved in
accordance with Section 6.1.1 shall be designed and constructed in accordance with the
Manual and the deed accepted by the Municipality prior to the endorsement of approval on
a final plan of subdivision by the Development Officer.
6.1.3
The minimum width of the right-of-way of a proposed municipal public road shown on a plan
of subdivision shall be 66 feet unless a lesser width is accepted pursuant to Section 17.1.
6.1.4 Where a proposed municipal public road intersects a provincial public road, that intersection
shall be approved by the Department of
Transportation.
6.1.5
All proposed lots which abut a public road shall have an access point to the public road which
meets the stopping sight requirements of the Department of Transportation. Where lots
abut:
a)
a provincial public road, access shall be approved by the Department of
Transportation
b)
a municipal public road, the subdivider shall provide the municipal engineer
with written certification that access meets the requirements of the
Department of
Transportation.
c)
Where a plan or instrument of subdivision shows a proposed lot abutting an
existing public road, the authority having jurisdiction shall verify that the
road is a public road.
6.2 Private Roads
6.2.1 Application
6.2.1.1 This Section shall only apply to a Subdivision containing five (5) or more Lots fronting
upon a Private Road, excluding the lot for the private road.
6.2.2
Design Considerations
6.2.2.1 Where the boundary of a private road shown on a plan of subdivision is not intended
to be a lot boundary, it shall be shown as a lighter solid line or a dashed line.
Subdivision By-Law S-0180-20
Page 13
6.2.2.2 No part of a private road shall be included in the calculation of lot area for the
purposes of meeting the lot area requirements.
6.2.2.3 The intersection of a private road with a public road shall be approved by the
authority having jurisdiction over the public road.
6.2.3 Specifications for Private Roads
6.2.3.1 Where an Owner presents a plan of Subdivision to a Development Officer which
proposes to create 5 or more Building Lots without Public Road frontage, or where
such Owner proposes to create a Lot or Lots fronting upon a Private Road where four
(4) or more Building Lots already front upon such Private Road, the Private Road and
any extension thereof shall be built to meet the requirements of the Manual and this
By-law prior to approval being granted.
6.2.4
Configuration of Private Roads
6.2.4.1 Private Roads to be created pursuant to this Section shall be created and mapped as
a separate Lot from the Building Lots. A private road shall be approved as a separate
lot and is deemed to meet minimum lot area and lot frontage requirements of
Section 5.2.
6.2.4.2 Where an Owner proposes to extend a Private Road, such extension shall be
consolidated with the existing Private Road Lot.
6.2.5
Creation of Homeowners' Associations
6.2.5.1 For Subdivisions under which this Section applies, the Owner shall create a
Homeowners' Association which includes the Owner and any property owner of a Lot
fronting upon the Private Road as members.
6.2.5.2 The Homeowners' Association's by-laws shall provide for each lot fronting upon the
Private Road to receive one vote and that decisions pertaining to the Private Road
are to be made by simple majority vote.
6.2.5.3 The Owner may act as President of the Homeowners' Association until the Private
Road is transferred to Such Homeowners' Association in accordance with this
Section.
6.2.5.4 Where the Owner proposes to create a Subdivision under which this Part applies and
there are an insufficient number of Lot owners to create a Homeowners' Association
along with the Owner in accordance with the Societies Act, the Owner shall post a
performance bond or certified cheque in the amount of $5000 which shall not be
released until the Homeowners' Association is created and shall be forfeited should
the Owner fail to create the association within two (2) years following Subdivision
approval.
Subdivision By-Law S-0180-20
Page 14
6.2.6
Control and Transfer
6.2.6.1 For Subdivisions under which this Section applies, the Owner shall create restrictive
covenants which benefit and burden each Lot comprising part of the Subdivision and
which shall say:
a) You covenant to join any owner's association incorporated to manage the road;
and
b) You covenant to abide by the by-laws and rules of the lot owner's association.
6.2.6.2 The Owner shall hold title to the Private Rood until 50% of the Lots fronting upon the
Private rood are sold, at which time they shall transfer title of the Private Road to the
applicable Homeowners' Association for $1.00.
6.2.6.3 In the event a Subdivider proposes to extend a Private Rood or create a new
Subdivision phase, such extension of the Private Rood shall be transferred to the
applicable Homeowners' Association for $1.00 and consolidated with the existing
Private Rood Lot.
6.2.6.4 All proposed private roods or extensions to existing private roods shall be shown on a
final plan of subdivision and shall comply with the design specifications of and
construction specifications of the Manual and the private rood provisions contained
in the Land Use By-Low prior to the endorsement of approval of a final plan of
subdivision by the Development Officer.
6.2.7
Intersections
6.2.7.1 There shall not be more than four public rood or private road approaches or any
combination thereof in an intersection.
6.2.8 Adjoining Subdivision
6.2.8.1 Where a public road in an adjoining subdivision abuts the boundaries of a plan of
subdivision submitted for approval, a public road in the latter shall, if reasonably
feasible, be laid out in prolongation of such public rood unless it would be in violation
of this By-law.
6.2.8.2 Where a private rood in an adjoining subdivision abuts the boundaries of a plan of
subdivision which is to be served by a private rood submitted for approval, the
private rood in the latter shall, if reasonably feasible, be laid out in prolongation of
such private rood unless it would be in violation of this By-law.
Subdivision By-Law S-0180-20
Page 15
6.2.9
Side Lot Lines at Right Angles
6.2.9.1 Wherever possible, side lot lines shall be substantially at right angles to a public road
or private road, or radial to a curved public road or private road.
6.2.10 Continuous Rear Lot Lines
6.2.10.1
Wherever possible, the rear of a series of adjoining lots shall be continuous, not
stepped or jogged.
6.2.11 Private Roads - Construction
6.2.11.1
All proposed private roads shall be:
a)
shown on a final plan of subdivision;
b)
designed in accordance with the design requirements for proposed municipal
local/private roads as contained in the Manual and the requirements of this
Section, and the design approved by the Engineer; and
c)
constructed in accordance with the following requirements:
i.)
roots, stumps, moss, sod, and all other organic material shall not be
placed roadway fills or allowed to remain under roadway fills;
ii.)
notwithstanding subsection (i.), an undisturbed natural ground surface
may be allowed to remain under a roadway fill only where such surface is
covered by at least 1.5 metres (4.92 feet) of fill which does not contain
any organic material;
iii.)
the minimum road surface top width shall be 7 .3 metres (23.95 feet) and
shall be contained entirely within the right-of-way;
iv.)
the minimum travel surface width shall be 5.5 metres (18.04 feet);
v.)
the travel surface shall have a base course of crushed, screened, or pit run
gravel to a minimum thickness of 250 mm (10 inches);
vi.)
the maximum road grade shall be ten percent (10%), however, in difficult
circumstances grades up to twelve percent (12%) may be approved;
vii.)
ditches shall have a maximum road slope and a maximum backslope of
2:1;
viii.)
culverts shall be constructed of corrugated steel, concrete pipe, or dual
walled corrugated HDPE and shall have a minimum diameter of 450mm
(18 inches), shall be buried a minimum of 450mm (18 inches) below the
road surface, and shall be placed substantially at 90 degrees to the
roadway centerline;
ix.)
all bridges shall be certified as having been constructed to Canadian
Standards Association specifications "CAN/CSA-S6-00 Canadian Highway
Bridge Design Code"; and
Subdivision By-Law S-0180-20
Page 16
x.)
provision shall be made for surface drainage of the right-of-way through
the use of culverts, ditches, and natural watercourses of appropriate
capacity, and the subdivider shall be responsible for the effects of any
downstream flow onto other properties.
6.2.11.2 The intersection of a private road with a public street shall be approved by the
authority having jurisdiction for the public street.
6.2.11.3 The minimum width of the right-of-way of a proposed private road shown on a plan
of subdivision shall be:
a) 20 metres (65.62 feet); or
b) 15 metres (49.21 feet) where the entire roadway (slopes, ditches, and
roadbed) can be built within the 15 metres (49.21 feet), and is approved by
the Engineer.
6.2.11.4 Prior to approval of the final plan of subdivision by the Development Officer, the
subdivider shall provide a certificate from a Professional Engineer which shows
compliance with the design and construction requirements of Section 6.2.11. All
submitted documents must be reviewed and approved by the Municipality's
Engineer
6.2.11.5 The specifications referred to in Section 6.2.11 may be waived or varied by the
Engineer in accordance with accepted engineering practice.
6.2.11.6 A private raad shall be approved as a separate lot on a plan of subdivision and is
deemed to meet minimum lot area and lotfrontoge requirements of subsection
19(a).
6.2.11.7
(a) Where the boundary of a private road shown on a plan of subdivision is not
intended to be a lot boundary, it shall be shown as a lighter solid line or a dashed
line.
6.2.11.8 (b) No part of a private road shall be included in the calculation of lot area for the
purposes of meeting the lot area requirements of this By-law.
Subdivision By-Law S-0180-20
Page 17
Part 7 Parkland Dedication
7 .1
Parkland Dedication
7.1.1
Prior to approval by the Development Officer of the final plan of subdivision, the
subdivider shall, on the recommendation of the Development Officer, where the
Council agrees:
a)
transfer to the Municipality, in fee simple and free of encumbrances, for
parks, playgrounds, and similar public purposes, an area of useable land
within the area being subdivided equal to five percent (5%) of the oreo of
land as shown on the final plan of subdivision, exclusive of streets,
easements, and the residual of the land of the subdivider; or
b)
provide to the Municipality a sum of money equivalent to five percent (5%)
of the market value, as determined by the Property Value Services
Corporation (PVSC), of the lots to be approved, as shown on the final plan of
subdivision, exclusive of streets, easements, and the residue of the land of
the subdivider; or
c)
provide to the Municipality equivalent value, in any combination as
determined by the Municipality; or
d)
transfer to the Municipality, free of encumbrances, an area of useable land
of equal value outside the area being subdivided but within the boundaries
of the Municipality, in lieu of the land in the subdivision required to be
transferred under subsection.
7.1.2
Useable land shall be defined as land that:
a)
is not swampland or subject to flooding;
b)
is not a clearing and grubbing disposal area;
c)
is not an electrical transmission corridor;
d)
where applicable, is able to meet the requirements for lot area and lot
frontage contained in the Land Use By-law; and
e)
be capable of use for:
i.)
passive recreational purposes such as walking trails or passive park
areas; or
ii.)
active recreational purposes such as playing fields or playgrounds.
7.1.3
Useable land criteria may be waived
a)
The criteria in subsection 7.1.2 (a) may be waived if the land to be
transferred is considered unique by the Development Officer in that the
Subdivision By-Law S-0180-20
Page 18
parcel is:
i.)
land suitable for preservation as an interpretive natural reserve area
based on the opinion of a qualified professional;
ii.)
land of significant historical or archaeological value to the
'
Municipality;
iii.)
land adjacent to parkland or open space owned by the Municipality;
iv.)
land deemed by the Recreation Director forthe Municipality to be
required for recreational purposes; or
v.)
land located in the lake George Watershed.
7.1.4 land to be accessible
a)
Any land to be conveyed to the Municipality other than that meeting the
requirements of Section 3 shall be accessible by a public street or private
road or by a public easement a minimum of 20.1 metres (66 feet) in width
and providing a connection to a public road.
7.1.5
Parkland not required
a)
Notwithstanding the above the Development Officer may approve a plan of
subdivision without the requirement for Parkland or the equivalent where:
i.
lot boundaries are changed but no additional lots are created; or
ii.
lots or parcels are consolidated but no additional lots are created;
7.1.6
Bond
a)
The subdivider may, with the approval of the Council, provide a bond or
other security acceptable to the Council for the conveyance to the
Municipality of land in a future phase of the subdivision rather than
conveying land from the approved phase of the subdivisian or equivalent
value.
7.1.7 Agreement
a.)
Where Cauncil approves the use of a bond or other security the subdivider
shall enter into a written agreement with the Municipality, which
agreement may contain provisions satisfactory to the Municipality with
respect to the time within which any land or equivalent value shall be
transferred to the Municipality, the land which may be used to satisfy the
requirements of this Part, and any other matter related to the parkland
dedication requirements of this By-law.
Subdivision By-Law S-0180-20
Page 19
Part 8 Preliminary Plans of Subdivision (Optional)
8.1
Procedure
8.1.1
The procedure for processing preliminary plans of subdivision is contained in Part 4 of
this By-law.
8.2
Plan Requirements
8.2.1
The person proposing to subdivide an area of
land may submit to the Development
Officer 4 copies of the preliminary plan of Subdivision drawn to scale showing the
following:
a.)
the name of the owner of the area of land being subdivided;
b.)
the names of all owners of all properties abutting the area of land being
subdivided;
c.)
the unique Parcel Identifier (PID) of areas of land being subdivided;
d.)
the civic number of main buildings on the area of land being subdivided;
e.)
a location plan showing the approximate distance between the area of land
being subdivided and the nearest prominent landmark;
f.)
the shape, dimensions and area of the proposed lots;
g.)
each proposed 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, where available and the letter;
h.)
no duplication of lot identifiers;
i.)
the approximate location of railway easements;
j.)
the location of existing and proposed public roads and private roads;
k.)
the name of existing and proposed public roods (and the public road number)
and private roads as approved by the Municipality;
I.)
the graphic representation of proposed lots shown by solid lines, and the
vanishing boundaries of existing areas of land being resubdivided,
consolidate or both, shown as broken lines;
m.)
the location of existing buildings within 15 metres (49.2 feet) of a property
line;
n.)
the general location of watercourses and wetlands;
o.)
the north point;
p.)
the scale;
q.)
any other information necessary to determine whether the subdivision
conforms to this By-law.
Subdivision By-Law S-0180-20
Page 20
8.2.2
Where a preliminary plan of subdivision is to be forwarded to the Department of
Environment pursuant to Section 4.1.3, the information listed in Section 8.2.3 is
required for the following proposed lots:
a)
a proposed lot which is being created for a purpose that will require the
construction of an on-site sewage disposal system; or
b)
a proposed lot being divided from an existing area of
land, contains and on-
site sewage disposal system; and
i.)
is 9000 square metres (96,878.4 square feet) or less in area; or
ii.)
has a width of less than 76 metres (249.3 feet).
8.2.3
Unless the information already has been submitted to the Department of
Environment, the following additional information is required for proposed lots
referred to in Section 8.2.2:
a)
the lot layout including any proposed building, on-site sewage disposal
system, driveway and water well;
b)
the location of any watercourse, wetland, marine water body and other
features that may influence the design of the on-site sewage disposal system,
including any ditch, road, driveway or easement;
c)
the surface slopes and directions;
d)
the location of any test pit;
e)
the proposed on-site sewage disposal system, selected or designed;
f)
an explanation of the extent, volume and type of usage to which the on-site
sewage disposal system will be subjected;
g)
an assessment report of the lot respecting its suitability to support an on-site
sewage disposal system including the results of a soil evaluation test; and
h)
any other information necessary to determine whether the subdivision meets
the On-Site Sewage Disposal Systems Regulations;
8.2.4
For the proposed lot that is being divided from an existing area of
land containing an
existing on-site sewage disposal system and is more than 9000 square metres
(96,878.4 square feet) in area with a width of 76 metres (249.3 feet) or more, the lot
layout including buildings, driveway, on-site sewage disposal system and well shall be
provided.
8.2.5
For the proposed lot 9000 square metres (96,878.4 square feet) or less in area or
with a width of less than 76 metres (249.3 feet) that is being created for a purpose
that will not require the construction of an on-site sewage disposal system, the
certification section of the application in the form specified in Schedule "A" must be
Subdivision By-Law S-0180-20
Page 21
completed.
Part 9 Concept Plans
9.1
Procedure
9.1.1
The procedure for processing concept plans is contained in Part 4 of this By-law.
9.2
Plan Requirements
9.2.2
Where an area of land is being subdivided in phases, and/or will contain new public
or private roads, a person shall submit to the development officer eight (8) copies of
a concept plan of the entire area of
land, the boundaries of which shall be certified
by a Surveyor.
9.2.3
Concept plans shall be at a scale sufficient for clarity of all particulars of the plan and
shall show the following:
a)
the words "Concept Plan" located in the title block;
b)
name of property owner{s) and name of all abutting land owners;
c)
the proposed internal street system with connections to existing streets;
d)
the proposed location of all proposed land uses including areas for
development, public open space and, if applicable, the residual land not
proposed for development;
e)
the shape, dimension, and area of all proposed lots;
f)
the location of existing development, if any;
g)
the location of any municipal service boundary;
h)
the north point;
i)
contours at 5 metres {16.4 foot) intervals;
j)
general location of geographic features such as watercourses and wetland;
k)
the scale at which the concept plan is drawn;
I)
any other information necessary to determine if the subdivision meets with
municipal standards and accepted engineering practice as determined by
Development Officer and/or the Municipal Engineer.
9.2.4
Application for approval of a concept plan shall be made to the development officer
in the form specified in Schedule "A" of these regulations.
9.2.5
The development officer shall comply with the notification and approval provisions of
the Act.
9.2.6 The development officer may forward the concept plan and any supplementary
information to appropriate agencies, including but not limited to the Engineer, the
Planner, the Recreation Director, the Fire Chief, the Traffic Authority, and the
adjoining Municipality, in order to evaluate the concept plan in terms of:
Subdivision By-Law S-0180-20
Page 22
a)
the design's consideration of topography, natural features, and other site
constraints and restrictions;
b)
street layout, pedestrian routes, and connections with existing and proposed
transportation links on a local and regional scale;
c)
where applicable, the feasibility of servicing with required services, and the
effect of the layout on the provision of future services;
d)
public open space; and
e)
any proposed community and commercial uses.
f)
in areas not served by a municipal sewer, the Department afthe Environment
shall determine if the lots are generally appropriate to meet the On-site
Sewage Disposal Regulations except where the proposed lot:
i.
is greater than 9,000 square metres (96,878.4 square feet);
ii.
has a width of 76 metres (249.3 feet) or more;
iii.
the applicant has certified on the application that the proposed lot is
not intended for a purpose requiring an on-site sewage disposal
system;
iv.
contains an on-site sewage disposal system and is being increased in
size, provided all other proposed lots shown on the plan meet the
requirements listed in subclause (i);
9.2.7
Any agency which has been forwarded a copy of the concept plan pursuant to Section
4.3.1 shall forward a written report of their assessments or recommendations to the
development officer.
9.2.8
Approval of a concept plan may not be refused or withheld as a result of the
assessment or recommendations made by the Department of Environment, the
Department ofTransportation and Infrastructure Renewal or of any other agency of
the Province or the municipality unless the concept plan is clearly contrary to a law of
the Province or regulation made pursuant to a law of the Province.
9.2.9
Where the development officer refuses to approve a concept plan, the development
officer shall give notice of the refusal to all agencies which were forwarded a concept
plan pursuant to Section 4.1.3.
9.2.10 Where the development officer refuses to approve a concept plan, the development
officer shall inform the applicant of the reasons for the refusal in writing and advise
the applicant of the appeal provisions of Section 284 of the Act.
9.2.11 The following information shall be stamped or written and completed by the
development officer on any concept plan which is approved:
a)
"This concept plan is approved."
b)
the date of the approval of the concept plan; and
c)
"This concept plan shall not be filed in the registry of
deeds as no subdivision
takes effect until a final plan of subdivision is approved by the development
officer and filed in the registry of deeds."
9.2.12 The development officer shall forward an approved copy of the concept plan to the
applicant.
Subdivision By-Law S-0180-20
Page 23
Part 10 Tentative Plans of Subdivision
10.1
Procedure
10.1.1 The procedure for processing tentative plans of subdivision is contained in Part 4 of
this By-law.
10.2
Plan Requirements
10.2.1 The person proposing to subdivide an area of
land shall submit to the Development
Officer 8 copies of the tentative plan of the proposed subdivision meeting the
requirements of Sections 10.2.3 through 10.2.8 inclusive of this By-law.
10.2.2 Notwithstanding Section 10.2.1, the Development Officer may waive the requirement
that a tentative application and plan of subdivision be submitted, where:
a)
lots abut an existing public road or an existing private road, except where lots
are created without frontage pursuant to Section 5.1, 5.7, and 5.8;
b)
a sanitary sewer is not being installed; and
c)
all lots to be served by on-site sewage disposal systems
i.
are 9,000 square metres (96,878.4 square feet) or more in area; or
ii.
have been evaluated by an authorized person of the Department of
the Environment and the Development Officer has been informed in
writing by the authorized person that the information already
provided by the subdivider is satisfactory.
10.2.3 Tentative plans of subdivision submitted to the Development Officer shall be:
a)
drawn to a scale or scales sufficient for clarity all particulars on the tentative
plan of subdivision;
b)
based on a description of the area of land to be subdivided, preferably but
not necessarily as surveyed; and
c)
folded to approximately 20 x 20 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
10.2.4 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 in the title block;
c)
a clear space for stamping being a minimum of 225 centimetres square (36
square inches) with a minimum width of 8 centimetres (3 inches);
Subdivision By-Law S-0180-20
Page 24
d)
the name of the 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)
the unique Parcel Identifier (PID) of all areas of land being subdivided;
g)
the civic number of main buildings on the area of
land being subdivided;
h)
the names of all owners or the identifiers of all properties abutting the
proposed subdivision;
i)
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;
j)
the shape, dimensions, and area of the proposed lots;
k)
each proposed 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, where applicable, and the letter;
I)
no duplication of lot identifiers;
m)
the boundaries of proposed lots shown by solid lines, and the vanishing
boundaries of existing area of
land being resubdivided, consolidated or both,
shown as broken lines;
n)
the location of existing buildings within 15 metres (49.2 feet) of a property
boundary;
o)
the location of existing and proposed public roads and private roads;
p)
the name of the existing and proposed public roads (and the public road
number) and private roads as approved by the Municipality;
q)
the width and location of railway easements;
r)
the general location of any watercourse, wetland or prominent rock
formation;
s)
the width, location, and nature of any easements on or affecting the area of
land proposed to be subdivided;
t)
where applicable, a notation stating the lots are serviced by a municipal
sewer and/or water system;
u)
the north point;
v)
the date on which the plan of subdivision was drawn and the date of any
revisions;
w)
the scale to which the plan of subdivision is drawn, and
x)
any other information necessary to determine whether or not the tentative
plan of subdivision conforms to this By-law.
10.2.5 Where a tentative plan of subdivision is to be forwarded to the Department of
Environment pursuant to Section 4.1.3, the information listed in Section 10.2.6 is
required for the following proposed lots:
Subdivision By-Law S-0180-20
Page 25
a)
a proposed lot which is being created for a purpose that will require
construction of an on-site sewage disposal system; or
b)
a proposed lot being divided from an existing area of
land, containing an on-
site sewage disposal system; and
i.
is 9000 square metres (96,878.4 square inch) or less in area; or
ii.
has width of less than 76 metres (249.3 feet).
10.2.6 Unless the information already has been submitted to the Department of
Environment, the following additional information is required for proposed lots
referred to in Section 10.2.5:
a)
the lot layout including any proposed building, on-site sewage disposal
system, driveway and water well;
b)
the location of any watercourse, wetland, marine water body and other
features that may influence the design of the on-site sewage disposal system,
including any ditch, road, driveway or easements;
c)
the surface slopes and directions;
d)
the location of any test pit;
e)
the proposed on-site sewage disposal system, selected or designed;
f)
an explanation of the extent, volume and type of usage to which the on-site
sewage disposal system will be subjected;
g)
an assessment report of the lot respecting its suitability to support an on-site
sewage disposal system including the results of a soil evaluation test; and
h)
any other information necessary to determine whether the subdivision meets
the On-Site Sewage Disposal Systems Regulations;
10.2.7 For the proposed lot that is being divided from an existing area of
land, containing an
existing on-site sewage disposal system and is more than 9000 square metres
{96,878.4 square feet) in area with a width of 76 metres (249.3 feet) or more, the lot
layout including buildings, driveway, on-site sewage disposal system and well shall be
provided.
10.2.8 For the proposed lot 9000 square metres (96,878.4 square feet) or less in area or
with a width of less than 76 metres (249.3 feet) that is being created for a purpose
that will not require the construction of an on-site sewage disposal system, the
certification section of the application in the form specified in Schedule "A" must be
completed.
10.2.9 In addition to meeting the requirement of Section 10.2.3 through 10.2.8 where the
proposed lots front on a proposed public road or proposed private road, a tentative
plan of subdivision shall:
Subdivision By-Law S-0180-20
Page 26
a}
show 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 Land Surveyors Act and
the Regulations made thereunder,
b}
be accompanied by 4 copies of a plan showing:
i.
contours at 2 metres or 5 foot intervals, and drainage patterns only
in the case of proposed public roads;
ii.
the width and location of proposed public roads or private roads and
their intersection with existing public roads or private roads; and
iii.
the location, size, type of material used of existing municipal sewer
and/or water system and any proposed sanitary sewer and/or water
systems including a plan view at a scale of 1:500 (1"=40') or 1:200
(1"=20'} and a profile view to a vertical scale in the ratio of vertical to
horizontal of 1:10.
c)
be accompanied by 2 copies of centerline profiles of proposed public roads
together with the necessary cross sections; and
d)
where plans or drawings or centerline profiles are prepared by or under the
supervision of a professional engineer, they shall be signed and sealed by the
professional engineer in accordance with the Engineering Profession Act.
10.2.10 For a proposed lot that will have access to a public road, the tentative plan of
subdivision may be accompanied by or show stopping sight distances information in
the form specified in Schedule "Gl" completed by a Nova Scotia Land Surveyor.
10.2.11 The following information shall be stamped or written and completed by the
Development Officer 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 years of the date of the approval of the tentative plan.";
b}
the date of the approval of the tentative plan; and
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 filed in the Registry of
Deeds."
Subdivision By-Law S-0180-20
Page 27
Part 11 Final Plans of Subdivision
11.1
Procedure
11.1.1 The procedure for processing final plans of subdivision is contained in Part 4 of this
By-law.
11.2
Plan Requirements
11.2.1 The subdivider proposing to subdivide an area af
land shall submit to the
Development Officer 12 copies of the final plan of subdivision meeting the
requirements of this By-law.
11.2.2 Final plans of subdivision submitted to the Development Officer shall be:
a)
Drawn to a scale or scales sufficient for clarity of all particulars of the final
plan of subdivision;
b)
certified and stamped by a Nova Scotia Surveyor that the lots for which
approval is requested and any proposed street and road have been surveyed
in the manner required by the Land Surveyors Act and their regulations,
except for a final plan of subdivision prepared pursuant to Sections 5.6 and
5.7 of this By-law.
11.2.3 Before approving a final plan of subdivision that adds or consolidates parcels or areas
of land in different ownership the Development Officer Shall have received:
a)
the executed deeds suitable for registering to effect the addition or
consolidation;
b)
the fees for registering the deeds;
c)
the affidavit of value including particulars of any exemption pursuant to Part
V of the Act.
11.2.4 A final plan of subdivision shall meet the requirements of Section 10.2.4 through
10.2.6 inclusive except that:
a)
clause 10.2.4 b) does not apply,
b)
proposed public roads or private roads shall be surveyed, and
c)
the geographical and mathematical location of all buildings within 15 metres
(49.2 feet) of a proposed boundary shall be shown.
11.2.5 For a proposed lot that is being divided from an existing area of
fond, containing an
existing on-site sewage disposal system and is more than 9000 square metres
{96,878.4 square feet) in area with a width of 76 metres {249.3 feet) or more, the lot
layout including buildings, driveway, on-site sewage disposal system and well shall be
provided.
Subdivision By-Law S-0180-20
Page 28
11.2.6 For a proposed lot 9000 square metres (96,878.4 square feet) or less in area or with a
width of less than 76 metres (249.3 feet) that is being created for a purpose that will
not require the construction of an on-site sewage disposal system, the certification
section of the application in the form specified in Schedule "A" must be completed.
11.2.7 For a proposed lotthat will have access to a public road, the final plan of subdivision
may be accompanied by or show stopping sight distances information in the form
specified in Schedule "Gl" completed by a Nova Scotia Land Surveyor.
11.2.8 Where plans or drawings or centerline profiles are prepared by or under the
supervision of a professional engineer, they shall be signed and sealed by the
professional engineer in accordance with the Engineering Profession Act.
11.2.9 Final plans of subdivision shall be accompanied by a copy of the agreement, entered
into between the Municipality and the subdivider pursuant to Section 14.2 outlining
the terms for the installation of the services.
11.2.10 The following information shall be stamped or written and completed by the
Development Officer on any final plan of subdivision which is endorsed:
a)
b)
"This final plan of subdivision is approved for Lots
";
where applicable:
i.
"
(is, are) suitable for the construction or
(Lot(s) approved and/or remainder)
installation of an on-site sewage disposal system for
" and
(proposed use)
any conditions which apply are contained in a report dated
_
and available from the Department of the Environment"; or
ii.
"IMPORTANT NOTICE
___________
(has, have) been created for a purpose which
iii.
(Lot(s) approved and/or remainder)
does not require an on-site sewage disposal system and will not be eligible
for a permit to install a system unless the requirements of the
Department of Environment are met",
____________ (is, are) served by an existing on-site
sewage
(Lot(s) approved and/or remainder)
disposal system and should a replacement system become necessary in
future, approval of the replacement system from the Department of
the Environment is required".
c)
where applicable:
Subdivision By-Law S-0180-20
Page 29
i.
a notation stating that access to the public road as shown has been
approved for the lots created by this final plan and any conditions
which apply are listed on the plan or are contained in a report dated
------~ available from the authority having jurisdiction
for public roads;
ii.
where a lot which abuts a public road does not have an approved
access point along the road, a notation stating that direct access to
the road is not permitted; and
iii.
a notation stating which lots abut a private road and that no
provincial or municipal services shall be provided to these lots.
d)
where there are provincial roads which are to be owned and maintained by
the Province, the words "The following roads and highways are owned and
maintained by the Department of
Transportation and Public Works of the
Province of Nova Scotia:
e)
where there are municipal public roads which are to be owned and
maintained by the Municipality, the words "The following roads are owned
and maintained by the Municipality of Yarmouth:
f)
where there are private roads, the words "The following roads are private
roads and are not entitled to any provincial or municipal services including
but not limited to grading, ditching, snowplowing, gravelling, garbage
collection or street lighting.
11.2.11 Within seven (7) days of approving the final plan of subdivision, the Development
Officer shall forward to the Registry of
Deeds:
a)
one (1) approved copy of the final plan of subdivision and a notice of
approval in the form specified in Schedule "B" of this By-law; and
b)
if applicable, the items required by Section 11.2.3 of this By-law.
Subdivision By-Law S-0180-20
Page 30
Part 12 Instrument of Subdivision
12.1
Procedure
12.1.1 The procedure for processing an instrument of subdivision is contained in Part 4 of
this By-law.
12.2
Instrument Requirements
12.2.1 A subdivider may subdivide an area of
land by an instrument of subdivision where
two or more lots are being consolidated or an existing lot is being increased in size;
12.2.2 All lots created by instrument of subdivision are required to be approved.
12.2.3 Before approving an instrument of subdivision that adds or consolidates parcels or
areas of land in different ownership the development office shall have received:
a)
the executed deeds suitable for registering to effect the addition or
consolidation;
b)
the fees for registering the deeds;
c)
the affidavit of value including particulars of any exemption, pursuant to Part
V of the Act.
12.2.4 In addition to the application form required by Section 4.1.1, the subdivider
proposing to subdivide an area of
fond by instrument of subdivision shall submit to
the Development Officer a completed instrument of subdivision on the form specified
in Schedule "E" of this By-law.
12.2.5 The graphic representation included as part of Schedule "E" shall meet the
requirements of Section 10.2.4 d} to u) inclusive and Section 10.2.5 and 10.2.6 of this
By-law.
12.2.6 For a proposed lot that is being divided from an existing area of
land and contains an
existing on-site sewage disposal system, the lot layout including buildings, driveway,
on-site sewage disposal system and well shall be provided.
12.2.7 For a proposed lot 9000 square metres (96,878.4 square feet) or less in area or with a
width of less than 76 metres (249.3 feet) that is being created for a purpose that will
not require the construction of an on-site sewage disposal system, the certification
section of the application in the form specified in Schedule "A" must be completed.
Subdivision By-Law S-0180-20
Page 31
12.2.8 The following information shall be stamped or written and completed by the
Development Officer on any instrument of subdivision which is approved:
a)
where applicable:
i.
"
(is, are) suitable for the construction or
{Lot(s) approved and/or remainder)
installation of an on-site sewage disposal system for
_:and
(Proposed use)
any conditions which apply are contained in a report dated
_
and available from the Department of the Environment''; or
ii.
"IMPORTANT NOTICE
___________
(has, have) been created for a purpose which
iii.
(Lot(s) approved and/or remainder)
does not require an on-site sewage disposal system and will not be eligible
for a permit to install a system unless the requirements of the
Department of Environment are met", or
____________ (is, are) served by an existing on-site
system
(Lot(s) approved and/or remainder)
and should a replacement system become necessary in future, approval of
the replacement system from the Department of
the Environment is
required".
b)
where applicable:
i.
a notation stating that access to the public road as shown has been
approved for the lots created by this instrument of subdivision and
any conditions which apply are listed on the instrument or are
contained in a report dated
, available from
the authority having jurisdiction for public roads;
ii.
where a lot which abuts a public or private road does not have a safe
access point along the road, a notation stating that direct access to
the road is not permitted; and
iii.
a notation stating which lots abut a private road and that no
provincial or municipal services shall be provided to these lots.
c)
Where there are provincial public roads which are to be owned and
maintained by the Province, the words ''The following roads and highways
are owned and maintained by the Department of
Transportation and Public
Works of the Province of Nova Scotia:
d)
Where there are municipal public roads which are to be owned and
maintained by the Municipality, the words "The following roads are owned
and maintained by the Municipality of Yarmouth:
Subdivision By-Law S-0180-20
Page 32
e)
Where there are private roads, the words "The following roads are private
roads and are not entitled to any provincial or municipal services including
but not limited to grading, ditching, snowplowing, gravelling, garbage
collection or street lighting.
12.Z.9 Within seven (7) days of approving the instrument of subdivision, the Development
Officer shall forward to the Registry of
Deeds:
a)
one (1) approved copy of the instrument of subdivision; and
b)
if applicable, the items required by 9.4 of this By-law.
Subdivision By-Law S-0180-20
Page 33
Part 13 Repeal of a Plan or Instrument of Subdivision
13.1 Where a plan or instrument of subdivision has been approved, the approval may be repealed for
any or all of the lots created by the plan or instrument of subdivision.
13.2 Any person requesting a repeal shall submit to the Development Officer an application in the
form specified in Schedule "C" for a plan or Schedule "F" for an instrument of subdivision.
13.3 The notification and approval provisions of the Act which apply to the approval of a plan or
instrument of subdivision shall also apply to a repeal.
13.4 When the Development Officer is satisfied that an application for repeal is complete, the
Development Officer may forward a copy to any agency which provided an assessment or
recommendations on the original plan or instrument of subdivision.
13.5 Where buildings have been erected on the subject lands after the date of the subdivision
approval sought to be repealed, no repeal shall be granted which would cause these buildings to
be in violation of any building code regulations, Land-Use By-law, or sewage disposal regulations
unless the violation can be rectified by the approval of a new plan or instrument of subdivision
filed at the Registry of
Deeds on the same day as the repeal is filed.
13.6
Part 5 to 8 inclusive of this By-law do not apply to the repeal of a plan or instrument of
subdivision.
13.7 The Development Officer shall forward to the Registry of
Deeds the repeal in the form specified in
Schedule "D" for a plan or Schedule "G" for an instrument of subdivision.
13.8 The Development Officer shall forward a copy of the repeal referred to in Section 13.7 to
a)
the subdivider, and
b)
any agency which provided an assessment or recommendations on the
original plan or instrument of subdivision.
13.9 At the time of application for the repeal of a subdivision the subdivider shall submit to the
Development Officer the fees contained in Section 4.5.
13.10 Where the Development Officer refuses to repeal a subdivision, the Development Officer shall
return the fees referred to in clause 13.9 to the subdivider.
13.11 Where the Development Officer refuses to repeal a subdivision, the development officer shall give
notice of the refusal to the subdivider and to all agencies which were forwarded the application
for repeal pursuant to Section 13.8.
Subdivision By-Law S-0180-20
Page 34
Part 14 Requirements of Subdivider
14.1
The subdivider shall, before endorsement of a final plan of subdivision is given by the
Development Officer:
a)
construct any proposed public road in accordance with Part 14 of this By-
law.
b)
where applicable, construct and connect to the municipal sewer, any
proposed sanitary system including collectors and laterals to the boundaries
of the proposed lots in accordance with Part 16 of this By-law.
c)
where applicable, construct and connect to the water system, any proposed
water system including mains and laterals to the boundaries of the proposed
lots in accordance with Part 17 of this By-law.
d)
construct any proposed private road in accordance with Part 15 of this By-
law.
14.2
Notwithstanding Section 14.2 a), b) and c), the Development Officer may endorse approval of a
final plan of subdivision prior to the construction of a public road, a sanitary sewer and/or water
system only where the subdivider enters into an agreement with the Council which states that
the subdivider:
a)
shall construct the public road, sanitary sewer and/or water system in
accordance with the specification of this By-law within a period of time set
out in the agreement;
b)
shall convey title of such road, sanitary sewer and/or water system in fee
simple free of all encumbrances to the Municipality within a period of time
set out in the agreement; and
c)
shall post a performance bond or certified cheque pursuant to Part 15 to
assure that the road, sanitary sewer and/or water system will be
constructed in accordance with this By-law.
14.3
No public road, sanitary sewer and/or water system constructed pursuant to Sections 14.1 and
no agreement pursuant to Section 14.2 shall be entered into with the Council prior to the
issuance of all required approvals by any authority having jurisdiction.
14.4
The subdivider shall provide to the Municipality, prior to acceptance a public road, sanitary
sewer and/or water system:
a)
the "as built" reproducible engineering drawings for all public roads,
sanitary sewer and water systems which are stamped and signed by a
professional engineer;
b)
the results of all required test reports;
Subdivision By-Law S-0180-20
Page 35
c)
all operating and procedural manuals for sanitary sewer and water systems;
and
d)
the warranty deeds for all municipal public roads and easements associated
with sanitary sewer and water systems.
Part 15 Performance Bond
15.1
Where Section 14.2 applies, the subdivider shall post a performance bond or certified cheque in
the amount of one hundred and twenty-five (125) percent of the total estimated cost of
constructing the public road and installing sanitary sewer and/or water systems.
15.Z
The performance bond or certified cheque shall be posted prior to the endorsement of approval
of the final plan of subdivision.
a)
The subdivider shall submit to the Council for approval an estimate of the
cost of constructing a municipal public road, installing sanitary sewer and/or
water system.
b)
The Council, on the advice of the municipal engineer, may revise the
estimate if the estimate is, in the opinion of the municipal engineer,
inadequate and shall advise the subdivider of the effect upon the amount of
the performance bond or certified cheque.
c)
The subdivider may require Council to submit the revised estimate to
arbitration in accordance with the provisions of the Arbitration Act.
15.3 The performance bond or certified cheque shall be in favour of the Municipality, duly executed
by the subdivider and issued by a Surety Company authorized by law to carry on business in the
Province of Nova Scotia, conditioned on the execution and completion of the agreement in
accordance with the terms of the agreement, and with the provisions of this By-law and shall
not be subject to cancellation, termination or expiration during the period of time required for
the completion of the work.
15.4 Construction of the public road and the installation of sanitary sewer and/or water systems shall
commence within twelve (12) months of the date of the endorsement of approval of the final
plan of subdivision by the Development Officer, and shall be completed in accordance with the
agreement of Section 14.2 or the performance bond or certified cheque shall be forfeited.
Subdivision By-Law S-0180-20
Page 36
Part 16 Maintenance Bond
16.1
After completion of the public road, sanitary sewer and/or water systems and prior to
acceptance by the Municipality the subdivider shall post a maintenance bond in the amount of
ten (10) percent of the actual cost of constructing the public road and the installation of
sanitary sewer and/or water systems to safeguard the road and systems for a period of two
years.
Part 17 Municipal Public Road Specifications
17.1
Design
17.1.1 All Municipal public roads shall be designed in accordance with the Manual.
17.1.2 Notwithstanding Section 17.1.1, where Council accepts road construction to a
reduced standard, Council may, upon the recommendation of the municipal
engineer, accept a right-of-way width of less than 66 feet provided:
a)
that the right-of-way width is not less than 50 feet; and
b)
that the right-of-way width is sufficient to contain road slopes, ditches and
back slopes.
17.2
Construction
17.2.1 All Municipal public roads shall be constructed in accordance with Specifications in
the Manual.
Subdivision By-Law S-0180-20
Page 37
Part 18 Private Road Specifications
18.1
Design
18.1.1 The right-of-way width for the private road shall be as in the Manual and in this By-
law.
18.2
Construction
18.2.1 A two-way travel surface shall be provided as in the Manual and in this By-law.
18.2.2 The Development Officer of the Municipality shall inspect the travel surface for the
width requirement prior to the approval of the final plans of subdivision.
Part 19 Sewer Specifications
19.1
Design Criteria
19.1.1 Where the proposed sanitary sewer forms or may form part of a continuing system
to provide municipal sewer to surrounding areas, the proposed sanitary system shall:
a)
be installed wholly within the limits of a public road right-of-way or some
other parcel of land abutting the public road right-of-way, title to which
shall be transferred to the Municipality; and
b)
be designed and constructed in accordance with the Manual.
Subdivision By-Law S-0180-20
Page 38
Part 20 Water System Specifications
20.1
Design Criteria
20.1.1 Where the proposed water system forms or may form part of a continuing network
to provide water services to surrounding areas, the proposed water system shall be
installed wholly within the limits of a public road right-of-way or some other parcel of
land abutting the public road right-of-way, title to which shall be transferred to the
municipality; and the waterline sizes shall be designed as required in the Manual and
the Town of Yarmouth Water Utility.
Chief Administrative Officer's Annotation for Official By-Law Book
Date of First Reading
March 24, 2021
Date of Advertisement of Notice of Intent to Consider
April 7, 2021
Date of Second Reading
April 28, 2021
Date of Advertisement of Passage of By-law
June 23, 2021
Date of Mailing to Minister a Certified Copy of By-law
May 5, 2021
I certify that this Subdivision By-Law S-0180-20 was adopted by Council and published as
indicated above.
,nI'r2
,
Lrv~<fi*I
/AT/,7~
~-- ,/1
Cfiief Admln~tive Officer
D 1e
Date last reviewed by Council: April 28, 2021
Date last amended: April 28, 2021
Subdivision By-Law S-0180-20
Page 39
Schedule "A"
Municipality of Yarmouth
Application for Subdivision Approval
For Office Use
Land Registry
Office of the Development Officer/Building Inspector
Only
Yes
932 Highway 1, Hebron, NS, BSA 525
File No:
---
Phone: 902-742-9691 Fax: 902-742-7557
---
No
E~Mail: dev@district.yarmouth.ns.ca
---
Subdivider 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
Municipality
Parcel ldentifier(s)
Type of Application
Preliminary (Optional)
Tentative (Optional)
Final
Instrument
-
-
- -
Fees attached _
yes
no
-
Approval requested for lot(s) #
Approval requested from Department of Environment __
yes --
no
Is there a remainder lot? -- yes --
no
Type of Development Proposed
__
Single unit dwelling --
Other (specify)
(This applies to all proposed lots including remainder lots)
Certification On-Site system not required (unserviced areas)
I certify that
(is are) being created for a purpose
lots being approved under remainder
(Specify purpose)
That will not require the installation of an on-site sewage disposal system.
Signature
Water Services
Sewer Services
Access
Existing Proposed
Existing Proposed
Existing Proposed
Municipal System
Municipal System
Municipal Public
-- --
-- --
Street
-- --
Drilled Well
On-Site
Provincial Public
-- --
-- --
Street
-- --
Dug Well
Other (Specify)
Private Road
-- --
-- --
Other (Specify)
Other (Specify)
I certify that I am the owner or am acting with the owner
Signature of Applicant
Date
Subdivision By-Law S-0180-20
Page40
Schedule "B"
NOTICE OF APPROVAL OF PLANOF SUBDIVISION IN ACCORDANCE WITH SECTION 285
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
_, 20_
Development Officer
Plan of Subdivision filed in the registry of deed as Plan #
_
Dated this
day of
20. __
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 lots' eligibility for on-site sewage disposal systems.
2. The availability of public sewer and water systems.
3.
Information indicating whether or not the lots abut a
public street or private road.
Subdivision By-Law S-0180-20
Page 41
Schedule "C"
APPLICATION FOR REPEAL OF A PLAN OF SUBDIVISION
File No.
_
APPLICANT RELATED INFORMATION
Name of Land 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,
Municipality
_
The Plan of Subdivision was approved on the
day of
_, 19_, and is filed
In the Registry of Deeds at
in the Municipality of the District of
_
asP~n#
.
Lot(s)
was/were approved.
D 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.
Signature of owner/agent
Date
Co-Signer
Date
Co-Signer
Date
Subdivision By-Law S-0180-20
Page 42
Schedule "D"
REPEAL OF A PLAN OF SUBDIVISION PURSUANT TO SECTION 288 OF THE MUNICIPAL GOVERNMENT
ACT
Name ofOwner(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
_, 20 __
.
Development Officer
Subdivision By-Law S-0180-20
Page43
Schedule "E"
INSTRUMENT OF SUBDIVISION
AN INSTRUMENT RESPECTING THE SUBDIVISION OF LAND IN ACCORDANCE WITH SECTION 269
INSTRUMENT OF SUBDIVISION OF THE MUNICIPAL GOVERNMENT ACT
FOR THE MUNICIPALITY OF THE
OF
LANDS OF
LOCATED AT
Based on the information contained in this Instrument of
Subdivision, Lots
are APPROVED.
IMPORTANT NOTICE:
This approval does not warrant the size, location, or boundaries
of the lots described in the instrument and the development
officer has no duty to verify the information submitted by the
applicant as to the size, location, hr boundaries of the lots.
The information shown on this instrument may not be
acceptable to municipal development officers or building
inspectors for any building or development permits.
DEVELOPMENT OFFICER
DECLARATION
DATE
I, We
___:of
~------
ln the County of
~ Province of Nova Scotia, do solemnly declare:
1. THAT (I, we) (am, are) the owner(s) of the area(s) of land as shown on the graphic representation (sketch).
2. THAT (I, we) have shown the registry of deeds book and page numbers of the area(s) of land on the graphic representation.
3.
THAT (I, we) intend to subdivide the area(s) of land as shown on the graphic representation in this instrument into lots
_
4.
THAT (I, we) make this solemn declaration conscientiously believing the same to be true and to have the same force and effect as if
made under oath and by virtue of the Canada Evidence Act.
Declared before me at
_,
In the County of
_,
Province of Nova Scotia, this
day of)
-------------~ A.D., 20_)
Commissioner of Oaths
Province of Nova Scotia
Owner(s) Signature(s)
Schedule E (Con't)
SCALE:
I certify that the above graphic representation accurately represents my property
Owner(s) Signature(s)
LOCATION MAP
TITLE BLOCK
INSTRUMENT OF
SUBDIVISON
Lands of:
Schedule "F"
APPLICATION FOR REPEAL OF AN INSTRUMENT OF SUBDIVISION
File No.
_
APPLICANT RELATED INFORMATION
Name of
Phone
_
Address of Land Owner(s)
Postal Code
_
Documents to be Returned to
_
Correspondence to be Directed to
_
INFORMATION RELATED TO THE APPROVED INSTRUMENT OF SUBDIVISION SOUGHT TO BE REPEALED
Name of applicant for subdivision approval
_
Location
Municipality
_
The Instrument of Subdivision was approved on the
day of
__, 19__,
and is filed in the Registry of Deeds at
in the Municipality ofthe County of
Lot(s) #
was/were approved.
D 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
Instrument 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.
Signature of owner/agent
Date
Co-Signer
Date
Co-Signer
Date
Subdivision By-Law S-0180-20
Page 46
Schedule "G"
REPEAL OF AN INSTRUMENT OF SUBDIVISION PURSUANT TO SECTION 289 OF THE MUNICIPAL
GOVERNMENT ACT
Name of Owner(s)
_
Name of Subdivision.
_
Location ----------------------------------
Date of Approval of the Plan of Subdivision
_
Being Plan#
at the registry of deeds.
THIS INSTRUMENT OF SUBDIVISION IS REPEALED
Dated at
in the
_
Province of Nova Scotia, this
day of
__, 20 __
.
Development Officer
Subdivision By-Law S-0180-20
Page47