Subdivision By-law No. 35 (Municipality of Port Elgin) — in force for Strait Shores area
Strait Shores, New Brunswick
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By-law No. 35
A By-law of the Municipality of Port Elgin
Subdivision By-Law
The Council of the Village of Port Elgin, under authority vested in it by section 42 of the
Community Planning Act, enacts as follows:
Interpretation
1.
In this By-law
(a)
"lot" means a parcel of land or two or more adjoining parcels held by the same
owner and used or intended to be used as the site for a building or structure or an
appurtenance thereto;
(b)
"width" means, in relation to a lot,
(i)
where the side lot lines are parallel, the distance measured across the lot
at right angles to such lines; or
(ii)
where the side lot lines are not parallel, the distance measured across the
lot along a line parallel to a line joining the points at which the side lot
lines intersect the limits of the abutting street, such parallel line being
drawn through the point at which the line of minimum set-back (required
by By-law or Regulation) intersects a line from the mid-point of and
perpendicular to the line to which it is parallel.
Scope
2.
This By-law provides for regulation of the subdividing of land in the municipality.
Streets
3.
(1)
In a subdivision, unless otherwise stipulated by Council,
(a)
every street shall have a width of 66 feet;
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(b)
a cul-de-sac shall not exceed 600 feet in length, and shall terminate with a
circular area having a radius of 50 feet; and
(c)
no street may have a gradient in excess of 6 per cent.
(2)
Where entry will be gained to a subdivision by means of an existing street or other
access, by whomever owned, the person seeking approval of the plan of such
subdivision shall make provision to bring the existing access to the same standard
as is required for streets within the proposed subdivision.
(3)
Reserve strips abutting a street in a subdivision are prohibited, except where such
strips are vested in the municipality.
(4)
In arriving at a decision regarding a recommendation with respect to the
location of streets in a proposed subdivision, the Advisory Committee shall give
consideration to the relationship between such location and
(a)
the topography of the land;
(b)
the provision of lots suitable for the intended use;
(c)
street intersections and interceptions being as nearly as possible at right angles;
(d)
convenient access to the proposed subdivision and to lots within it; and
(e)
the convenient further subdividing of the land or adjoining land.
(5)
Names of streets in a subdivision are subject to the approval of the Advisory
Committee.
Lots, Blocks and Other Parcels
4.
(1)
Every lot, block and other parcel of land in a subdivision shall abut
(a)
a street owned by the Crown or the municipality; or
(b)
such privately-owned street or other access as may be approved by the
Advisory Committee as being advisable for the development of the land.
(2)
Where a proposed subdivision is to be serviced by both a water system for public
use and a sewer system for public use, every lot or other parcel of land therein
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shall have and contain
(a)
a width of at least 60 feet;
(b)
a depth of at least 100 feet; and
(c)
an area of at least 6,000 square feet.
(3)
Where a proposed subdivision is to be serviced by either a water system for public
use or a sewr system for public use, but not both, every lot or other parcel of land
therein shall have and contain
(a)
a width of at least 75 feet;
(b)
a depth of at least 100 feet; and
(c)
an area of at least 7,500 square feet.
(4)
Where a proposed subdivision is not to be serviced by either a water system for
public use or a sewer system for public use, every lot or other parcel of land
therein shall have and contain
(a)
a width of at least 120 feet;
(b)
a depth of at least 125 feet; and
(c)
an area of at least 15,000 square feet.
(5)
Subject to subsection (4), a block in a subdivision
(a)
shall be at least 400 feet and not more than 1,000 feet long; and
(b)
shall have a depth of not less than two lots.
(6)
Where a proposed subdivision contains a series of crescents and cul-de-sacs, a
block may exceed 1,000 feet in length if pedestrian walkways are provided for
access or circulation to schools, libraries, playgrounds or other such facilities.
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Land for Public Purposes
5.
(1)
Subject to this section, as a condition of approval of a subdivision plan, land in the
amount of 8 per cent of the area of the proposed subdivision exclusive of streets
intended to be publicly-owned, at such location as may be (recommended by the
Advisory Committee or otherwise approved by Council) is to be set aside as land
for public purposes and so indicated on the plan.
(2)
Subsection (1) does not apply to that part of a subdivision plan
(a)
that creates a parcel of land solely for the purpose of
(i)
being assembled with other parcels for later subdivision, or
(ii)
being added to a lot on which is located or which is intended as the
location of other than a multiple dwelling as defined by the zoning by-
law; and
(b)
that creates a lot
(i)
on which is located or which is intended as the location of other
than a multiple dwelling as defined by the zoning by-law, and
(ii)
which abuts a publicly-owned street that on the coming into force
of this By-law was paved and had water and sewer facilities
installed therein.
(3)
Council may require, in-lieu of land set aside under subsection (1), a sum of
money be paid to the municipality in the amount of 8 percent of the market value
of the land in the proposed subdivision at the time of submission for approval of
the subdivision plan, exclusive of streets intended to be publicly-owned.
(4)
Where, as a condition of approval of a subdivision plan, land has been set aside
under subsection (1) or the provisions of subsection (3) have been satisfied, no
further setting aside of land for public purposes or payment of additional sums
shall be required as a condition of approval of any further or other subdividing of
the land with respect to which the land has been set aside or sum paid.
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Municipal Facilities
6.
Where a person proposes to subdivide land in such manner that pursuant to section (4) a
street is required to be provided, or in such location that pursuant to the zoning by-law
municipal water or sewer facilities or both are required to be provided, the development
officer shall not approve a subdivision plan unless, in the opinion of the Council
(a)
Council will be able in the foreseeable future to provide a street, and where
required, water and sewer lines or both, to the boundaries of the subdivision, or
such person has made satisfactory arrangements for providing such facilities; and
(b)
such person has deposited a sum of money or a performance bond with the
municipality or has entered into an agreement with Council that is binding on
his heirs, successors and assigns to pay the cost of facilities required within the
subdivision.
Conditions Precluding Approval of a Subdivision Plan
7.
The development officer shall not approve a subdivision plan if in his opinion and in the
opinion of the Advisory Committee,
(a)
the land is not suited to the purpose for which it is intended or may not
reasonably be expected to be used for that purpose within a reasonable
time after the plan is approved; or
(b)
the proposed manner of the subdividing will prejudice the possibility of
further subdividing the land or the convenient subdividing of adjoining
land.
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