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SUBDIVISION BYLAW
EAST HANTS OFFICIAL COMMUNITY PLAN
BYLAW P-600
The Municipality of East Hants recognizes
the input members of the Plan Review
Citizens Panel devoted to the development
of the Official Community Plan:
The Municipality would also like to
recognize the many stakeholders and
residents who shared their thoughts and
aspirations for our Municipality through the
process of developing this Plan.
Brad Hodgins
Linda Graham
Jo Ann Fewer
Eli Chiasson
Stacey Ingraham
Pam MacInnis
Michael Gaudet
Blair Oickle
Certification
I, Kim Ramsay, Chief Administrative Officer and Municipal Clerk of the Municipality of the District of East Hants,
do hereby certify that the following is a true copy of the Municipality of the District of East Hants' Subdivision
Bylaw which was duly passed by Council of the Municipality of the District of East Hants at a meeting held on
the 27th day of July A.D., 2023.
DATED at Elmsdale, Nova Scotia, this ____day of ____, A.D., 20__.
Kim Ramsay
Chief Administrative Officer & Municipal Clerk
Repeal
The Subdivision Bylaw of the District of East Hants, approved by the Minister of Municipal Affairs and Housing
and effective on the 21st day of September, 2016 and amendments thereto, is hereby repealed and this Bylaw
substituted therefore.
23rd
October
23
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SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Table of Contents
Section 1: Title
Section 2: Interpretation and Administration
Section 3: Definitions
Section 4: Requirements for Evaluation of Preliminary Plans of Subdivision
Section 5: Procedure for Approval of Tentative Plans of Subdivision
Section 6: Requirements for Approval of Tentative Plans of Subdivision
Section 7: Procedure for Approval and Refusal of Final Plans of Subdivision
Section 8: Final Plan of Subdivision Requirements
Section 9: General Requirements
Section 10: Lot Access and Transportation Requirements
Section 11: Sanitary Sewer and Water Systems
Section 12: Stormwater Drainage
Section 13: Public Open Space
Section 14: Agreements
Section 15: Maintenance and Obligations
Section 16: Requirements for Endorsement and Filing of Approved Final Plans of
Subdivision
Section 17: Repeal of a Final Plan of Subdivision
Schedule S1: Subdivision Design Manual
Appendix A: Infrastructure Charges
Appendix B: Application for Repeal of a Final Plan of Subdivision
Appendix C: Repeal of a Final Plan of Subdivision
Appendix D: Future Transportation Connections Map
Appendix E: Rural Subdivision Development Area
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SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
1. Title
This Bylaw may be cited as the "Subdivision Bylaw" of the Municipality of East Hants.
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SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
2. Interpretation and Administration
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, 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.
Nothing in this Bylaw shall exempt any person from complying with the requirements of any Land Use Bylaw
or any other bylaw in force within the Municipality of East Hants or from obtaining any license, permission,
permit, authority, or approval required by any other bylaw of the Municipality of East Hants or statute or
regulation of the Province of Nova Scotia.
Where the provisions of this Bylaw conflict with those of any other Municipal or Provincial regulation, Bylaw or
code, the higher or more stringent requirements shall prevail, except where the conflict is with the provisions
of the Land Use Bylaw, in which case the requirements of the Land Use Bylaw shall prevail.
This Bylaw shall apply to the Subdivision of all land within the Municipality of East Hants and shall be
administered by the Municipal Development Officer.
Policy
Amendment Date
Description
Page 7
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
3. Definitions
Agreement means a contract between the Subdivider and the Municipality of East Hants which describes the
responsibilities of each party with respect to the subdivision and servicing of land.
Area of Land means any existing lot or parcel as described by its boundaries. For the purposes of Section 9,
area of land means:
a)
any lot or parcel described in a deed executed on or before August 6, 1991 less any subsequent
conveyances prior to August 6, 1991; or
b)
any lot or parcel shown on a final plan of Subdivision filed in the Registry of Deeds before August 6,
1991; or
c)
any lot or parcel described in a deed executed on or subsequent to August 6, 1991, by means of
Section 268 of the Municipal Government Act.
Nova Scotia Environment and Climate Change means the regional office of Nova Scotia Environment and
Climate Change, or its successor.
Nova Scotia Public Works means the local or regional office of Nova Scotia Public Works, or its successor.
Development Officer means the Municipal Development Officer appointed by Council to administer the
provision of this Bylaw
Flag Lot see East Hants Land Use Bylaw Definition.
Land Surveyor means a land surveyor who is a registered member, in good standing, of the Association of
Nova Scotia Land Surveyors.
Land Use Bylaw means the Municipality of East Hants Land Use Bylaw, part of the East Hants Official
Community Plan.
Lot Area means the total area within the property lines of a lot. In the case of lots abutting private roads, lot
area shall not include any portion of the lot located within the private road and in the case of flag lots lot area
shall not include the pole of the flag lot.
Lot Frontage shall be the same as required in the Land Use Bylaw in effect for the proposed lot(s) to be
subdivided.
Municipal Engineer means the engineer designated by the Municipality to act as the engineer for the
Municipality as per the MGA and includes a person acting under the supervision and direction of the engineer.
Municipal Government Act (MGA) means the Municipal Government Act (MGA), Statutes of Nova Scotia, the
enabling legislation for municipal planning in Nova Scotia.
Municipal Planning Strategy means the Municipal of East Hants Municipal Planning Strategy, part of the East
Hants Official Community Plan.
Municipal Wastewater System means a system which is owned and maintained by the Municipality of East
Hants and consists of pipes or conduits receiving and carrying water-borne wastes and includes any trunk
sewers, pumping stations, and treatment plants.
Municipal Water System means a system which is owned and maintained by a public water utility consisting
of pipes and equipment carrying and distributing potable water for domestic and/or fire protection purposes
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SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
and includes any pumping stations and reservoirs.
Municipality means the Municipality of the District of East Hants.
Private Road means any road, which is not public, where:
a)
the design of the road has been reviewed by the Municipality of East Hants pursuant to the
Municipal Government Act;
b) the road extends to and has access to a public street or highway;
c) the road must be its own parcel and shall not be a right-of-way easement; and
Professional Engineer means a registered or licensed member, in good standing, of Engineers Nova Scotia.
Public Street or Highway means any street or highway owned and maintained by Nova Scotia Public Works
or the Municipality of East Hants but excluding designated controlled access highways pursuant to the Public
Highways Act.
Right-of-Way Easement means an easement that extends to and abuts a public street or highway, reserved
to access lots created for uses permitted by the Land Use Bylaw. The right-of-way easement shall be clearly
granted by deed, registered in the Office of the Registrar of Deeds for Hants County:
a) prior to August 6, 1984, having a minimum width of 3 m, or
b) subsequent to August 6, 1984, having a minimum width of 6m.
Stormwater System means any drainage system, whether above or below ground, constructed to collect,
control, and transport stormwater from the area of land being subdivided to a point of discharge.
Subdivider means the owner of the area of land proposed to be subdivided and includes anyone acting with
the owner's written consent.
Subdivision means the division of any area of land into 2 or more parcels, and includes a re-subdivision and a
consolidation of 2 or more parcels.
Definition
Amendment Date
Description
Page 9
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
4. Requirements for Evaluation of
Preliminary Plans of Subdivision
4.1. An application for an evaluation of a preliminary plan of Subdivision shall be made to the Development
Officer together with 8 2 paper copies and a digital copy of the preliminary plan of the Subdivision
meeting the requirements of Part 4 of this Bylaw.
4.2. The Development Officer shall comply with the notification provisions of the Municipal Government
Act.
4.3. When the Development Officer is satisfied that the application and preliminary plan of Subdivision are
complete he, or she, shall, where applicable, forward a copy of the preliminary plan of Subdivision to
the following:
a)
Nova Scotia Environment and Climate Change and Climate Change to determine compliance with
the On-site Sewage Disposal Systems Regulations in areas not served by a Municipal wastewater
system, except where the proposed lot:
i)
is greater than 9000 m2 having a width of 76 m, or more, and the applicant has certified on
the application form that the proposed lot is not intended for a purpose requiring an on-site
sewage disposal system; or
ii)
contains an on-site sewage disposal system and is being increased in size; provided all other
proposed lots shown on the preliminary plan meet the requirements listed in i. above; and
b)
the authority having jurisdiction for Municipal wastewater in areas served by a Municipal wastewater
system;
c)
the authority having jurisdiction for public streets; and
d)
any other agency of the Province or Municipality that the Development Officer deems necessary.
4.4. The Development Officer shall forward any preliminary plan of Subdivision to Nova Scotia Environment
and Climate Change and Climate Change that shows a proposed lot 9000 m2 or less in area or with a
width of less than 76 m, and the applicant has certified on the application form that the proposed lot is
being created for a purpose that will not require an on-site sewage disposal system, for confirmation
that the department is in agreement that the proposed lot does not require an on-site sewage disposal
system.
4.5. Any agency that has been forwarded a copy of the preliminary plan of Subdivision pursuant to Section
4.3 shall forward a written report of their assessments and recommendations to the Development
Officer.
4.6. The Development Officer shall notify the Subdivider in writing of the results of the evaluation of the
preliminary plan of Subdivision.
4.7. Preliminary plans of Subdivision are optional but are recommended:
a)
where a new public road is being constructed;
b)
where Municipal wastewater, stormwater, and/or water systems are being extended; and/or
c)
where a new phase is being added to an existing Subdivision.
4.8. The Subdivider proposing to subdivide property shall submit to the Development Officer 8 2 copies
and a digital copy of a preliminary plan of Subdivision drawn in the metric system together with the
following information and documentation:
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SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
a)
name and address of the owner of the area of land to be subdivided;
b)
name and address of all owners, or the lot identifiers of all properties, abutting the area of land to
be subdivided; and
c)
a plan of the area of land to be subdivided to scale or scales sufficient for clarity of all particulars on
the plan showing:
i)
the words "Preliminary Plan of Subdivision" marked in the right-hand margin of the plan;
ii)
the shape, dimensions and area of the total area of land to be subdivided;
iii)
the shape, dimensions and area of the proposed lots;
iv)
the approximate location of watercourses and/or other natural features on the area of land
to be subdivided that might affect the number of proposed lots;
v)
a key plan in the lower right hand corner and at a scale not smaller than 1:50,000 showing
the general location of the area of land and the true north;
vi)
the location, length, and width of all existing and proposed roads and right-of-ways; and
vii)
any other information necessary to determine whether the Subdivision conforms to the
requirements of this Bylaw.
4.9. Where the area of land to be subdivided is in an area not serviced by a Municipal wastewater system,
the following additional information shall be part of, or included with, the preliminary plan.
a)
the location of watercourses, wetlands marine, waterbodies, and other features that may influence
the design of the on-site sewage disposal system, including ditches, roads, driveways, and
easements;
4.10. The Development Officer shall, if applicable, forward a copy of all material received pursuant to Part 4
to:
a)
Nova Scotia Environment and Climate Change and Climate Change for an evaluation to determine
what lot size is generally appropriate to meet the requirements of the On-Site Sewage Disposal
Systems Regulations;
b)
Nova Scotia Public Works for preliminary review; and
c)
any other agency of the Province or the Municipality, the Development Officer deems necessary to
ensure that their requirements and all requirements of this Bylaw are met.
4.11. Nova Scotia Environment and Climate Change and Climate Change, Nova Scotia Public Works and any
other agency of the Province or Municipality that has been forwarded a copy of the Preliminary Plan
shall forward a written report of their assessments and recommendations to the Development Officer.
4.12. The Development Officer shall inform the Subdivider in writing of the results of the evaluation of the
preliminary plan of Subdivision.
Policy
Amendment Date
Description
Page 11
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
5. Procedure for Approval of Tentative Plans
of Subdivision
5.1. An application for approval of a tentative plan of Subdivision shall be made to the Development
Officer together with 5 paper copies and a digital copy of the tentative plan of Subdivision meeting the
requirements of Part 6 of this Bylaw.
5.2. Notwithstanding Section 5.1, a tentative plan of Subdivision is optional, where:
a)
the lots abut an existing public street or highway, or an approved private road, or a right-of-way
easement; and
b)
no Municipal wastewater and/or water systems are to be installed provided that, where required,
an assessment of the lots has been completed pursuant to the On-Site Sewage Disposal Systems
Regulations by Nova Scotia Environment and Climate Change, and provided that the Development
Officer is advised in writing by Nova Scotia Environment and Climate Change of the classification of
such lots pursuant to Nova Scotia Environment and Climate Change regulations.
5.3. When the Development Officer is satisfied that an application and tentative plan of Subdivision are
complete he or she shall, where applicable, forward a copy to Nova Scotia Environment and Climate
Change, Nova Scotia Public Works, and any other agency of the Province or Municipality that the
Development Officer deems necessary.
5.4. Approval of a tentative plan of Subdivision may not be refused or withheld as a result of the assessment
or recommendations made by Nova Scotia Environment and Climate Change, Nova Scotia Public
Works, or any other agency of the Province or Municipality unless the tentative plan of Subdivision is
clearly contrary to the Subdivision Bylaw and/or Section 278(1) of the Municipal Government Act.
5.5. 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 years of the date of the approval of
the Tentative Plan"; and
b)
The date of approval and
c)
"This Tentative Plan of Subdivision shall not be filed in the Registry of Deeds as conveyances are
only based on an approved Final Plan a of Subdivision endorsed by the Development Officer".
5.6. Upon approval of the 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, Nova Scotia
Public Works, Nova Scotia Environment and Climate Change, and any other agency of the Province or
Municipality that the Development Officer requested review the plan, of his or her decision to approve
the tentative plan.
5.7. Where the Development Officer refuses to approve a tentative plan of Subdivision, he or she shall notify
the Subdivider of the reasons for the refusal in writing pursuant to the Municipal Government Act,
advising the Subdivider of the appeal provisions of the Municipal Government Act.
Policy
Amendment Date
Description
Page 12
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
6. Requirements for Approval of Tentative
Plans of Subdivision
6.1. Tentative plans of Subdivision submitted to the Development Officer shall be:
a)
drawn to a scale or scales sufficient for clarity of 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 cm x 30 cm 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.
6.2. Tentative plans of Subdivision shall be drawn in the metric system and shall show the following:
a)
the name of the Subdivision, if any, and the name of the owner of the area of land and/or the
unique parcel identifier (PID) of all areas of land to be 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;
c)
the civic number of main buildings on the area of land to be subdivided;
d)
the names of all owners or the parcel identifiers of all properties abutting the proposed Subdivision;
e)
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;
f)
the words "PLAN OF SUBDIVISION" located in the title block;
g)
the words "TENTATIVE PLAN" located above the title block;
h)
a clear space for stamping measuring at least 15 cm wide by 20 cm high;
i)
the approximate dimensions of the area of land proposed to be subdivided;
j)
the dimensions, shape and area of proposed lots and blocks;
k)
the approximate area of the remainder lot, if any;
l)
each proposed lot individually identified by a number without duplication of lot identifiers, and
where practicable, where a parcel is being added to or subtracted from an existing area of land
or where a lot shown on a plan of Subdivision is being divided, the proposed lot or lots shall be
identified by the existing area of land identifier and a letter;
m) the approximate location of existing main buildings on the area of land proposed to be subdivided,
and the geographical and mathematical location for all buildings within 3 m of any boundary of the
proposed lot(s);
n)
the boundaries of proposed lots shown by solid lines, and the vanishing boundaries of existing lots
being resubdivided, consolidated or both, shown as broken lines;
o)
the width and location of railroads, and railway rights-of-way and existing and proposed public
streets or highways, and private roads, including intersections and turning circles;
p)
the names of existing and proposed public streets or highways or private roads as issued pursuant
to the civic addressing system;
q)
a notation stating whether or not the lots for which approval is requested are serviced by
wastewater, stormwater, and water systems;
r)
the width, location, and nature of any right-of-way easements, and other easements on or affecting
the area of land proposed to be subdivided;
s)
the north point;
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SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
t)
the date on which the tentative plan of Subdivision was drawn and the date of any revision;
u)
the location, dimensions, and area of any land to be conveyed to the Municipality for open space or
similar public purposes;
v)
the general location of watercourses, wetlands, areas subject to flooding, or prominent rock
features which might affect the layout or provision of public streets or highways or private roads
and services to the area of land to be subdivided;
w)
the scale to which the tentative plan of Subdivision is drawn; and
x)
any other information which the Development Officer deems necessary.
6.3. In addition to meeting the requirements of Part 6.1 and 6.2 of this Bylaw, where the proposed lots front
upon a proposed public street or highway or proposed private road, a tentative plan of Subdivision
shall:
a)
show a boundary survey of the area of land proposed to be subdivided, excluding the remainder
lot, certified and stamped by a Land Surveyor in the manner required by the Nova Scotia Land
Surveyors Act, and the regulations made thereunder.
b)
be accompanied by 1 paper copy and a digital copy of a plan showing:
i)
contours at 2 m intervals and drainage patterns;
ii)
the width and location of existing and proposed public streets or highways, private roads,
including intersections and turning circles; and
iii)
the location of existing and proposed wastewater, stormwater, and water systems and
proposed connections thereto.
iv)
the location of street trees;
v)
the location of street lights;
c)
be accompanied by 1 paper copy and a digital copy of center line profiles and cross sections of
proposed public streets or highways or private roads.
6.4. In addition to meeting the requirements of this Part of the Bylaw, where the proposed Subdivision is
located within an area where Municipal piped services are available and where the proposed Subdivision
involves connections to piped services, the tentative plan of Subdivision shall be accompanied by 4
paper copies and a digital copy of plans showing:
a)
the location of existing Municipal wastewater, stormwater, and water systems;
b)
the layout of proposed Municipal wastewater, stormwater, and water systems; and
c)
the location of proposed connections to the existing Municipal wastewater, stormwater and water
systems.
6.5. Plans of layout of proposed Municipal wastewater, stormwater, water systems and connections
thereto pursuant to Section 6.4, and Municipal standards, and centerline profiles and cross sections for
proposed public or private roads pursuant to Section 6.3, and Municipal standards, shall be prepared by
or under the supervision of a Professional Engineer, and signed and sealed by the Professional Engineer
in accordance with the Engineering Profession Act.
6.6. Where the area of land to be subdivided is in an area not serviced by a Municipal wastewater system the
following additional information shall be part of, or included with, the tentative plan:
a)
the location of watercourses, wetlands, marine waterbodies, and other features that may influence
the design of the on-site sewage disposal system, including ditches, roads and driveways or
easements;
b)
the surface slopes and directions;
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SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
c)
any other information necessary to determine whether the Subdivision meets the On-Site Sewage
Disposal Systems Regulations.
6.7. Where the area of land to be subdivided is in an area not serviced by a wastewater system the following
additional information shall be part of, or included with, the tentative plan:
a)
the lot layout including proposed buildings, on-site sewage disposal system, driveways and wells;
b)
the location of any test pit;
c)
the proposed on-site sewage disposal system.
Policy
Amendment Date
Description
Page 15
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
7. Procedure for Approval of Final Plans of
Subdivision
7.1.
An application for approval of a final plan of Subdivision shall be made to the Development Officer
together with 5 paper copies and a digital copy of the final plan of Subdivision meeting requirements of
Part 8 of this Bylaw.
7.2. The Development Officer shall comply with the notification and approval provisions of the Municipal
Government Act.
7.3. When the Development Officer is satisfied that an application and final plan of Subdivision are complete
he or she shall, if applicable, forward a copy to Nova Scotia Environment and Climate Change, Nova
Scotia Public Works, and any other agency of the Province or Municipality the Development Officer
deems necessary.
7.4. Submission of final plan of Subdivision is not required to be forwarded to Nova Scotia Environment and
Climate Change, to determine compliance with the On-site Sewage Disposal Systems Regulations in
areas not served by a Municipal wastewater system, where the proposed lot:
a)
is greater than 9000 m2 having a width of 76 m, or more, and the applicant has certified on the
application form that the proposed lot is not intended for a purpose requiring an on-site sewage
disposal system; or
b)
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 a) above.
7.5. Approval of a final plan of Subdivision may not be refused or withheld as a result of the assessment
and recommendations made by Nova Scotia Environment and Climate Change, Nova Scotia Public
Works, or any other agency of the Province or Municipality unless the final plan of Subdivision is clearly
contrary to the Subdivision Bylaw and/or Section 278(1) of the Municipal Government Act.
7.6. Upon approval of the final plan of Subdivision, the Development Officer shall forward a copy of
the approved final plan to the Subdivider and notify in writing, and where applicable, Nova Scotia
Public Works, Nova Scotia Environment and Climate Change, and any other agency of the Province
or Municipality that the Development Officer requested to review the plan, of his or her decision to
approve the final plan.
7.7.
Where the Development Officer refuses to approve the final plan of Subdivision, the Development
Officer shall give notice of the refusal to Nova Scotia Public Works, Nova Scotia Environment and
Climate Change and any other agency of the Province or Municipality that the Development Officer
requested to review the plan, of his or her decision to refuse the final plan.
7.8. Where the Development Officer refuses to approve a final plan of Subdivision, he or she shall notify the
Subdivider of the reasons for the refusal in writing pursuant to the Municipal Government Act, advising
the Subdivider of the appeal provisions of the Municipal Government Act.
Policy
Amendment Date
Description
Page 16
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
8. Requirements for Approval of Final Plans
of Subdivision
8.1. Final plans of Subdivision submitted to the Development Officer shall be:
a)
drawn to a scale or scales sufficient for clarity of all particulars on the final plan of Subdivision;
b)
certified and stamped by a Land Surveyor that the lots for which approval is requested and any
proposed street and road 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 Section 9.7 of this Bylaw; and
c)
folded to approximately 20 cm x 30 cm with the face of the folded print being the title block which
is located on the lower right hand corner of the final plan of Subdivision.
8.2. Final plans of Subdivision shall be drawn in the metric system and shall show the following:
a)
the name of the Subdivision, if any, and the name of the owner of the area of land and/or the
unique Parcel Identifier (PID) of all areas of land being subdivided;
b)
the words "PLAN OF SUBDIVISION" located in the title block;
c)
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;
d)
the civic number of main buildings on the area of land being subdivided;
e)
a location map, drawn to 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 being subdivided;
f)
the length of the boundaries of all existing and proposed lots, streets, highways, private roads,
right-of-way easements including the length of arc, points of curvature and radius in the case of
curved lines;
g)
the bearings of the boundaries of proposed lots;
h)
names of all owners or parcel dentifiers of all properties abutting the proposed Subdivision;
i)
a clear space for stamping measuring at least 15 cm wide by 20 cm high;
j)
the dimensions of the area of land being subdivided;
k)
the approximate location of existing main buildings on the area of land being subdivided, and the
geographical and mathematical location for all buildings within 3 m of any boundary;
l)
the shape, dimensions and area of lots, blocks, and the remainder lot, if any;
m) each proposed lot individually identified by a number without duplication of lot identifiers, and
where practicable, where a parcel is being added to or subtracted from an existing area of land
or where a lot shown on a plan of Subdivision is being divided, the proposed lot or lots shall be
identified by the existing area of land identifier and a letter;
n)
the width and location of railroads and railway rights-of-way, and existing and proposed public
streets or highways, and private roads, including intersections and turning circles;
o)
the boundaries of proposed lots shown by solid lines, and the vanishing boundaries of existing lots
being resubdivided, consolidated or both, shown as broken lines;
p)
where applicable, a notation stating whether or not the lots for which approval is requested are
serviced by wastewater, stormwater, and/or water systems;
q)
the location, dimensions and area of any land to be conveyed to the Municipality for parks,
playgrounds or similar public purposes, subject to Part 13 of this Bylaw;
Page 17
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
r)
the general location of watercourses, wetlands, areas subject to flooding, or prominent rock
features which might affect the layout or provision of public streets or highways or private roads
and services to the area of land to be subdivided;
s)
the width, location and nature of any right-of-way easements, and easements on or affecting the
area of land being subdivided;
t)
the date on which the final plan of Subdivision was certified with all revisions to be identified, dated
and initialled;
u)
the north point;
v)
the scale to which the final plan of Subdivision is drawn;
w)
the names of existing and proposed public streets or highways or private roads as issued pursuant
to the civic addressing system;
x)
the mean high water mark for waterfront lots for the purposes of calculating lot area; and
y)
any other information which the Development Officer deems necessary.
8.3. Where the design or layout of the Subdivision was created by an individual or firm other than the
individual or firm of the professional Land Surveyor who has certified the final plan of Subdivision, the
name of such individual or firm and nature of the work performed shall be shown in the title block of
the final plan of Subdivision.
Policy
Amendment Date
Description
Page 18
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
9. General Requirements
9.1. Unless otherwise stated in this Bylaw all lots for which approval is requested as shown on a final plan of
Subdivision shall have frontage upon:
a)
a public street or highway; or
b)
a private road
9.2.
a)
All lots for which approval is requested shown on a final plan of Subdivision and the remainder lot,
if any, for which no approval is requested, shall meet the applicable requirements for minimum lot
area and lot frontage contained in the Land Use Bylaw, unless otherwise specified in this Bylaw.
b)
Where the Land Use Bylaw is in effect and the land is zoned Agricultural Reserve (AR), a
maximum division of 2 lots or 1 lot and a remainder lot shall be permitted during a calendar year;
notwithstanding the forgoing, Section 9.2(b) shall not prevent the consolidation of parcels.
c)
Where the Land Use Bylaw is in effect and the land is zoned Rural Use (RU), no new public streets or
private roads shall be permitted.
d)
Where the land is zoned Milford Groundwater Overlay (MGW) Zone, a maximum division of 4
lots or 3 lots and a remainder lot shall be permitted unless otherwise permitted by development
agreement. Notwithstanding the foregoing, Section 9.2(d) shall not prevent the consolidation of
parcels.
9.3.
a)
All lots created in a Growth Management Area or a Growth Reserve Area, as defined in the Land Use
Bylaw, shall have frontage on a public street or highway unless otherwise permitted by this Bylaw.
b)
Proposed lots in the Regional Commercial (RC) Zone, in Elmsdale, and Village Core (VC) Zone shall
be permitted on a private road or right-of-way easement provided that the following requirements
are met:
i)
The private road or right-of-way easement shall be built to Municipal standards for paved
roads;
ii)
The frontage of proposed lots abutting a private road or right-of-way easement shall meet
the minimum lot frontage dimensions of the applicable zone;
iii)
Where Municipal wastewater and water systems are available, the services shall be
constructed in accordance with Municipal standards and the Subdivider shall enter into an
agreement with the Municipality pursuant to Part 14 of this Bylaw; and
iv)
The limitation of a maximum of 2 lots being created on a right-of-way easement shall not
apply.
c)
The Development Officer may approve a final plan of subdivision where a new lot has frontage on
an existing right-of-way easement provided that:
i)
the proposed lot is not located in a Growth Management Area or a Growth Reserve Area,
unless the new lot has been created in accordance with 9.3.b) of this Bylaw.
ii)
each proposed lot meets the minimum applicable lot frontage and area requirements as
specified in the Land Use Bylaw, with lot frontage being located along the right-of-way ease
ment; and
iii)
the right-of-way easement is not permitted to be extended; and
iv)
no new right-of-way easements are permitted.
9.4. For the purposes of Section 9.4 "water frontage" shall mean the distance measured as a straight line
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between the two points where the side lot lines of a lot meet the mean high water mark of a navigable
watercourse, and shall be deemed to be the lot frontage required by Section 9.2.
The Development Officer may approve a final plan of Subdivision from an area of land showing either:
a)
a maximum of 3 lots, or 2 lots and a remainder lot, if any, where there is no public street or highway
or private road within 1000 m of the area of land; or
b)
a maximum of 6 lots, or 5 lots and a remainder lot, if any, where the area of land abuts the
shoreline of a navigable watercourse where there is no public street or highway or private road
within 500 m of the area of land, and where:
i)
each of the lots has water frontage;
9.5. One lot that does not meet Section 9.2 may be created in an area of land provided no such lot has
already been subdivided within the area of land. The Development Officer may approve a final plan of
Subdivision where a division of an existing area of land into 2 lots only, or 1 lot and a remainder lot for
which no approval is requested, provided the following:
i)
the approved lot has a minimum lot frontage of 6 m, and the second lot a minimum frontage
of 18 m, except that all unserviced lots require a minimum frontage of 30 m; or
ii)
the approved lots are served by a right-of-way easement as defined in this Bylaw;
iii)
and
iv)
each proposed lot meets the applicable lot area requirements of Section 9.2.
9.6. Notwithstanding Section 9.2, where an existing area of land contains more than one main building
built or placed prior to April 30, 1991, the Development Officer may approve a final plan of Subdivision
containing up to 2 lots, or one lot and a remainder for which no approval is requested, having less than
the required frontage or having access by right-of-way easement provided that:
a)
it is not otherwise possible to subdivide the existing area of land to create one lot for each main
building that would meet the minimum applicable frontage requirements as specified in the Land
Use Bylaw;
b)
the total number of lots created will be less than or equal to the number of main buildings built or
placed on the existing area of land prior to April 30th, 1991;
c)
each proposed lot has a minimum frontage of 6 m or has access by a right-of-way easement;
d)
each proposed lot is served by a wastewater system or meets the applicable requirements of Nova
Scotia Environment and Climate Change; and
e)
each proposed lot meets the minimum applicable lot area requirements as specified in the Land
Use Bylaw.
9.7. The Development Officer may approve a final plan of Subdivision increasing the size of an existing area
of land provided that:
a)
the proposed lot:
i)
has minimum lot frontage of 6 m; or
ii)
is served by a right-of-way easement as defined in this Bylaw; and
b)
the remainder lot for which no approval is requested meets the minimum width and depth
requirements as specified in the Land Use Bylaw where in effect, or meets the minimum lot area
requirements of Nova Scotia Environment and Climate Change's minimum lot area requirements.
The final plan of Subdivision prepared pursuant to Section 9.6 shall:
a)
be certified and stamped by a Land Surveyor that the boundaries of the parcel proposed to be
added to the existing area of land have been surveyed, shown as a heavy solid line, except that
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the common boundary between the existing lots is surveyed and certified as being the common
boundary shown as a heavy broken line;
b)
notwithstanding Sections 8.1(b) and 8.2(g) other than the new boundaries which have been
surveyed pursuant to Section 9.6, show the remaining boundaries of the resulting lot for which
approval is requested and the area described graphically as shown by a lighter solid line; and
c)
have the following notation affixed to the plan adjacent to the certification required by the Nova
Scotia Land Surveyors Act and regulations made there under, and such notation is signed by the
Surveyor:
"NOTE: The only boundaries shown on this plan which have been surveyed are the boundaries of
Parcel ____. The common boundary between existing Lots ____ 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".
9.8. All lots to be approved on a tentative or final plan of Subdivision shall have a minimum width and
minimum depth of at least 6 m.
9.9. Wherever possible, side lot lines shall be substantially at right angles to a public street or highway or
private road, or radial to a curved public street or highway or private road.
9.10. Wherever possible, the rear lot lines of a series of adjoining lots shall be continuous, not stepped or
jogged.
9.11. An application to amend or repeal an endorsed plan of Subdivision drawn prior to December 1,
1960 shall be in accordance with Section 289 of the Municipal Government Act, and shall satisfy the
requirements of this Bylaw concerning approvals of final plans of Subdivision.
The application to amend shall refer to the plan of Subdivision as originally endorsed or drawn and such
reference shall include the file number of the earlier Subdivision plan filed at the office of the Registry of
Deeds for the Municipality.
Policy
Amendment Date
Description
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10. Lot Access and Transportation
Requirements
10.1. Where a proposed street intersects a Provincial road, that intersection shall be approved by Nova Scotia
Public Works.
10.2. All proposed public streets or highways shown on a final plan of Subdivision shall be designed and
constructed in compliance with Municipal standards and the deed accepted by the Municipality prior to
the endorsement of approval on a final plan of Subdivision by the Development Officer.
10.3. All proposed private roads shown on a tentative or final plan of Subdivision shall:
a)
provide frontage to the last abutting lot on the proposed road;
b)
be designed and constructed in accordance with Municipal standards for private roads;
c)
be certified by a Professional Engineer to be in compliance with the design and construction
requirements of Municipal standards for private roads.
10.4. All proposed lots abutting a Provincial road shall require the approval of Nova Scotia Public Works,
pursuant to the Municipal Government Act.
10.5. All roads shown on a final plan of subdivision must comply with the following requirements:
Subdivision Location
Road Requirements
Growth Management Areas with Municipal Water
and/or Wastewater Systems
-
All proposed public streets shown on a final
plan of Subdivision shall be built to Municipal
standards for paved roads.
-
All proposed public streets; with the exception
of permanent cul-de-sacs, permanent dead
end streets, loop streets and crescent streets
containing 30 lots or less and roads within the
Business Park (BP) Designation as shown on
the GFLUM of the Municipal Planning Strategy,
shown on a final plan of Subdivision, shall be
constructed with sidewalks along one side for
the full length of the street in accordance with
Municipal standards. All streets that are proposed
to be prolonged, and in total contain more than
30 lots, shall be constructed with sidewalks along
one side for the full length of the proposed road
in accordance with Municipal standards.
-
All proposed public streets where the proposed
street becomes part of an active transportation
route, as determined by the Municipal
Development Officer and Municipal Engineer,
shall be constructed with both a sidewalk and
active transportation sidewalk on either side
of the street and in accordance with Municipal
standards.
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SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
-
All proposed public streets, with the exception
of roads within the Business Park (BP)
Designation as shown on the GFLUM of the
Municipal Planning Strategy shown on a final
plan of Subdivision, shall be built with a buried
stormwater system in accordance with Municipal
standards.
Mount Uniacke Growth Management Area
-
All proposed public streets shown on a final
plan of Subdivision shall be built to Municipal
standards for paved roads.
-
A final plan of Subdivision having lots fronting on
an existing private road or right-of-way easement
may be approved provided that no extension of
the private road or right-of-way easement shall
be permitted.
Growth Reserve Areas
-
All proposed public streets shown on a final
plan of Subdivision shall be built to Municipal
standards for paved roads.
Land not located within in a Growth Management
Area or Growth Reserve Area
-
All proposed public streets shown on a final
plan of Subdivision shall be built to Municipal
standards for paved or unpaved roads.
-
All proposed private roads shown on a final
plan of Subdivision shall be built to Municipal
standards for private roads.
-
A final plan of Subdivision having lots fronting
on a right-of-way easement existing as of
September 21, 2016, the date the 2016 East Hants
Official Community Plan came into effect, may
be approved provided that there is no extension
of the right-of-way easement.
-
No new public streets or private roads shall be
permitted in the Rural Use (RU) Zone except
for lands located in the Rural Subdivision
Development Area as shown on Appendix E.
10.6. The ownership of all roads in the Growth Management and Growth Reserve Areas which are built to
Municipal standards for paved roads and the ownership of all roads outside the Growth Management
Area and Growth Reserve Areas which are built to Municipal standards for paved and unpaved roads
shall be assumed by the Municipality provided that the road connects to an existing public street or
highway and all other applicable provisions under this Bylaw are met.
10.7. Where road or walkway paving is required, pursuant to this Bylaw, the Subdivider shall:
a)
undertake all requirements for road or walkway paving not sooner than 2 years and not later than 3
years after the date that the Municipality granted approval of a final plan of Subdivision; and
b)
prior to receiving approval of a final plan of Subdivision, provide to the Municipality either a bank
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draft or certified cheque, in the amount of 115% of the estimated cost for road or walkway paving as
determined by the Municipality. At the discretion of the Municipality, an irrevocable standby letter of
credit may be accepted in lieu of a bank draft or certified cheque provided that the letter of credit
expiration date shall be automatically extended unless written notice to the contrary is received by
the Municipality 30 days prior to the then current expiration date.
Failure to extend the expiration date will lead the Municipality to call on the irrevocable standby
letter of credit for the amount of the obligation. Monies held by the Municipality under this Section
do not earn interest.
10.8. Notwithstanding clause 10.7, where a buried stormwater system is required, pursuant to this Bylaw the
Subdivider shall:
a)
prior to receiving approval of a final plan of Subdivision, apply one coat of asphalt to all Subdivision
roads;
b)
prior to receiving approval of a final plan of Subdivision, provide to the Municipality either a bond
or certified cheque in the amount of 125% for the estimated cost of completing road paving as
determined by the Municipality. At the discretion of the Municipality an irrevocable letter of credit
may be accepted in lieu of a bond or a certified cheque subject to the conditions listed in 10.9 (b)
above; and
c)
complete all paving requirements not sooner than 2 years and not later than 3 years after the date
that the Municipality granted approval of a final plan of Subdivision.
10.9. Where a street unbroken by a road intersection exceeds 325 m in length, a walkway shall be provided.
10.10. In no instance shall a street unbroken by a road intersection exceed 475 m in length in an area serviced
with Municipal wastewater or 800 m in length in an area without Municipal wastewater. For the
purpose of 10.9 and 10.10 a road length shall mean the distance between the two nearest intersections
measured from the closest edge of the road right-of-way.
10.11. Where a walkway is required, pursuant to Section 10.9, it shall be located in close proximity to the
center of the block, and shall provide a pedestrian linkage to at least 2 neighbouring streets, and shall
and shall be built to Municipal standards.
10.12. Where a residential Subdivision is within 200 m of a school property, the Subdivider shall construct
sidewalks along one side of all primary and secondary Subdivision roads in accordance with Municipal
standards.
10.13. Where a school property abuts an arterial or collector road, the developer of the school shall construct
sidewalks along the full length of the property line and in accordance with Municipal standards.
10.14. There shall not be more than 4 public street, highway, or private road approaches in an intersection.
10.15. Where a public street, highway or private road in an adjoining Subdivision abuts the boundaries of a
plan of Subdivision submitted for approval, the public street, highway, or private road in the latter shall,
if reasonably feasible, be laid out in prolongation of such public streets, highways, or private roads,
unless it would be in violation of this Bylaw.
10.16. No more than 100 lots and a remainder shall be serviced by a single road access to a collector or
arterial street.
Notwithstanding 10.16, the Municipality may permit more than 100 lots with a single road street to
a collector or arterial street if the development is subject to a development agreement, master plan,
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Comprehensive Development District, or phased Subdivision application which requires that a second
road access to a collector or arterial street will be built in a future phase of development, in a manner
and timeframe acceptable to the Municipality.
10.17. Where a Subdivision or development proposal abuts a vacant parcel, undeveloped remainder parcel, or
a parcel with a high likelihood for future infill development, redevelopment or intensification, the street
layout of the proposed Subdivision must provide for adequate future road and walkway connections to
the adjacent undeveloped or underdeveloped lands. Required public road and walkway reserves shall
be built to the property line in accordance with Municipal standards and deeded to the Municipality.
Required private road and walkway reserves shall be built to the property line. Private roads shall be
built in accordance with the Municipal standard for private roads and walkway reserves shall be built to
the Municipal standards, and both shall be included within the private road parcel.
10.18. Where a Subdivision or development proposal abuts an existing or approved Subdivision the street
network in the proposed Subdivision must connect to all existing or approved stub streets, dead end
streets, and transportation reserves that abut the subject property(s) except where deemed unfeasible
by the Development Officer. The Subdivider shall be required to upgrade existing road reserves to
Municipal standards.
10.19. Where an application for Subdivision includes or abuts lands that contain all of or a portion of a
required transportation connection identified on the Required Future Transportation Connections Map,
the street network of the Subdivision shall be laid out to provide a road connection from one end of
the Required Transportation Connection to the other or to the boundary of the lands subject to the
Subdivision application.
10.20. Where an application for Subdivision is subject to 10.19, the Required Transportation Connection is not
required to adhere to the design portrayed on the Required Future Transportation Connections Map
(Appendix I D), but the street layout of the Subdivision must provide a potential vehicle route from one
end of the required connection to the other or to the boundary of the Subdivision at a location that
will, in the opinion of the Development Officer, permit the future continuation and completion of the
Required Future Road Connection.
10.21. All proposed public streets or highways shown on a final plan of Subdivision, located in a Streetlight
Serviced Area, shall require streetlights in accordance with the Municipal Street Lighting Policy.
10.22. All proposed private roads and right-of-way easements shown on a final plan of subdivision, located
in a Streetlight Serviced Area, shall require streetlights in accordance with the Municipal Street Lighting
Policy.
10.23. Where a subdivision involves the extension or connection to a road abutting an existing Streetlight
Serviced Area, Sections 10.20 and 10.22 shall apply as if the development were located in the Streetlight
Serviced Area.
10.24. Where sidewalks are required, pursuant to this Bylaw, the Subdivider shall provide 1 approved street tree
per lot which abuts the sidewalk.
10.25. Where an application for Subdivision includes or abuts lands that contain all of or a portion of a
required pedestrian connection identified on the Required Future Pedestrian Connections Map,
the network of the Subdivision shall be laid out to provide a continuous route for walkways and/or
sidewalks from one end of the Required Pedestrian Connection to the other or to the boundary of the
lands subject to the Subdivision application.
10.26. An application for Subdivision must be reasonably consistent with the intent and requirements of
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SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Schedule S1 - Subdivision Design Manual, except where deemed unfeasible by the Development
Officer.
Policy
Amendment Date
Description
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11. Wastewater and Water Systems
11.1. Where Municipal wastewater and/or water services are available, as identified on the Generalized Future
Land Use Map of the Municipal Planning Strategy, a plan of Subdivision shall not receive endorsement
of approval except where wastewater and/or water systems are provided to each lot for which
Subdivision approval is requested; unless otherwise approved by the Municipal Engineer.
11.2. When a proposed Subdivision is subject to the requirements of Section 11.1, any Municipal wastewater
and/or water system shall be designed prior to receiving approval of the tentative plan of Subdivision
and shall be constructed prior to receiving endorsement of approval of the final plan of Subdivision in
compliance with the following:
a)
the Subdivider shall enter into an agreement with the Municipality pursuant to Part 14 of this Bylaw;
and
b)
the design and installation of the wastewater and water systems shall be in accordance with
Municipal standards.
11.3. Tentative approval shall only be granted to a proposed subdivision connecting to a Municipal water
system and/or to a Municipal wastewater system where the Municipal Engineer determines that
sufficient capacity exists on the Municipal water system and/or a Municipal wastewater system, as the
case may be, to which the proposed subdivision shall be connected.
a)
In determining whether sufficient capacity exists the Municipality shall take into consideration:
i)
existing system usage;
ii)
the anticipated usage of the proposed subdivision;
iii)
capacity allocated to approved but not yet built development;
iv)
capacity required for other municipal priorities such as economic development; and
v)
any other criteria the Municipality considers to be relevant.
b)
Notwithstanding subsection a) of Section 11.3, the Municipality may withhold tentative approval for
some of the requested lots where the Municipality does not have confidence that the subdivider
will utilize all requested capacity within five years from the application date of tentative approval.
11.4. Prior to receiving endorsement of approval of the final plan of Subdivision, the Subdivider shall:
a)
construct the Municipal wastewater and/or water system in accordance with the design plans as
reviewed by the Municipality, and any agreement pursuant to Part 14 of this Bylaw;
b)
arrange for complete testing of the systems, and advise the Municipality of the proposed test dates,
sites and times;
c)
allow the Municipality to inspect the installation at any time; and
d)
enter into an agreement with the Municipality pursuant to Part 14 of this Bylaw.
11.5. Infrastructure charges shall be paid to the Municipality pursuant to Section 11.5, and such charges shall
apply to all serviced areas within the Municipality, as identified on the Generalized Future Land Use Map
of the Municipal Planning Strategy.
11.6. Upon approval of the final plan of Subdivision, infrastructure charges for Municipal wastewater and
Municipal water services shall be payable to the Municipality in accordance with Appendix A.
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Policy
Amendment Date
Description
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12. Stormwater Management
12.1. Prior to receiving approval of a tentative plan of Subdivision in all Growth Management and Growth
Reserve Areas, the Subdivider shall be required to prepare a stormwater management plan based on the
following requirements:
a)
the stormwater management plan shall apply to the entire area of land to be subdivided;
b)
the stormwater management plan shall include a drainage plan to address all drainage patterns
within the Subdivision area and shall prescribe a method for the proper drainage and collection of
stormwater based on the full development of the site;
c)
the stormwater management plan shall include a grading plan to address the conveyance of all
surface runoff from the developed Subdivision area to a stable outlet or established drainage area in
accordance with Municipal standards;
d)
the stormwater management plan shall meet all specific requirements under Municipal standards;
e)
the stormwater management plan shall be stamped by a Professional Engineer and shall be subject
to review by Nova Scotia Environment and Climate Change and the Municipality;
f)
this requirement shall only apply where approval is being sought for 3 lots or more (including 2 lots
and a remainder) from an existing area of land.
12.2. Where an application for subdivision includes land which drains to the Nine Mile River, a stormwater
management plan shall be submitted based on the requirements in Section 12.1 and shall demonstrate
that development of the land will not increase peak runoff flows.
12.3. Section 12.1 nothwithstanding, the stormwater management plan shall:
a)
provide for the safe and convenient use of streets, sidewalks, walkways and lots following a storm;
b)
protect structures and property from damage due to a major storm event;
c)
preserve natural watercourses and other natural features and minimize the long-term effect of
development on receiving watercourses and groundwater; and
d)
convey stormwater from upstream and on-site sources, and mitigate the adverse effects of such
flow on downstream properties.
12.4. A buried stormwater system shall be required for all proposed Subdivision roads shown on a final plan
of Subdivision in Growth Management Areas with Municipal wastewater systems and shall be designed
and constructed in accordance with Municipal standards.
12.5. Notwithstanding Section 12.4, a buried stormwater system shall not be required for roads within the
Business Park (BP) Designation as shown on the GFLUM of the Municipal Planning Strategy,
12.6. All paved public roads within the Growth Management and Growth Reserve Areas that are not required
to have a buried stormwater system, shall be designed and constructed with an open-ditch stormwater
drainage system in accordance with Municipal standards.
12.7. The Subdivider shall be required to:
a)
provide at no cost to the Municipality, a drainage easement from public roads to the nearest
watercourse or public road, where such drainage paths are specified in the Stormwater
Management Plan; and
b)
transfer to the Municipality, any land, that may be necessary to operate and maintain stormwater
systems.
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Policy
Amendment Date
Description
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13. Public Open Space
13.1. At the time of endorsement of approval of a final plan of Subdivision, the Subdivider shall reserve and
convey to the Municipality free of encumbrances, for open space and public use, an area of useable
land (as determined to be acceptable by the Municipality) equal to 10% the area of land shown on the
final plan of Subdivision, exclusive of existing and proposed public and private roads and any remainder
lot.
13.2. Notwithstanding Section 13.1, at the time of endorsement of approval of a final plan of Subdivision
where Municipally approved wastewater and/or water systems are not available, the Subdivider shall
reserve and convey to the Municipality free of encumbrances, for open space and public use, an area
of useable land (as determined to be acceptable by the Municipality) equal to 5% of the area of land
shown on the final plan of Subdivision, exclusive of existing and proposed public and private roads and
any remainder lot.
13.3. Further to Sections 13.1 and 13.2. land to be transferred to the Municipality shall be useable for
recreational and/or conservation purposes, and shall meet the following definition of "useable" land:
a)
is capable of supporting one or more of:
i)
active recreational facilities and uses such as sports fields and playgrounds;
ii)
formal public parks and gardens;
iii)
passive recreational opportunities such as walkways, hiking trails and natural and generally
undeveloped park areas; and
iv)
conservation and, where appropriate, interpretation of environmentally sensitive or significant
natural areas or features, as determined to be acceptable by the Municipality;
b)
has a minimum lot area of 930 m2 except where the land is to be utilized as a natural green-space,
or for tree retention purposes, or walkways or pathways, in which case such land parcels under 930
m2 in area shall total no more than 50% of the total land transfer required;
c)
has a maximum average slope of 10% unless, at the discretion of the Municipality, more steeply-
sloping terrain is deemed appropriate in light of intended recreational, interpretive and/or
conservation uses;
d)
is not subject to flooding unless intended for water-based recreational activities or for low-
intensity recreational uses such as trails or for conservation; and
e)
is accessible to all residents through direct road frontage or through access to a Subdivision road by
a right-of-way easement, consistent with the following conditions:
i)
the minimum road frontage or width of the right-of-way easement must meet the minimum
lot frontage requirements for the corresponding zone;
ii)
where the minimum lot frontage requirements set out in the preceding subsection proves
difficult to incorporate into the Subdivision plan, the Subdivider may seek to negotiate a
reduction in the road frontage standard where it may be possible, on balance and in the
opinion of the Municipality, to maintain consistency with the spirit and purpose Section 13.3;
and
iii)
open space parcels used for active recreation shall have sufficient road frontage to maintain
visibility from adjoining streets to ensure safety of park users.
13.4. Further to Section 13.3, where the land being subdivided abuts a lake, the Bay of Fundy Shoreline or a
watercourse 0.5 m or greater in width and where the Subdivision results in 6 lots or more (5 lots and
a remainder or more) and the Municipal Development Officer has determined that the land is useable,
a portion of the lands transferred to the Municipality under Section 13.1 and 13.2 shall meet all of the
following criteria:
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a)
transferred lands shall provide at least one point of access to the shoreline, which is useable for
water- based recreational activities;
b)
transferred lands must have access to a public road or private road through a right-of-way
easement in favour of the Municipality or through direct road frontage; and
c)
transferred lands must have a minimum of 10 % of direct frontage of the total lake or Bay of Fundy
Shoreline or watercourse frontage to be subdivided.
13.5. The requirements under Section 13.3 and 13.4 may be waived where the land exhibits unique
physical, cultural, or heritage characteristics with potential to provide valuable open space or public
opportunities according to the following criteria:
a)
land of significant historical or archaeological value and useable for interpretive purposes, as
determined by the Municipality; and or
b)
land containing structure(s) of significant heritage value to the community and useable for public
purposes, as determined by the Municipality.
13.6. Nothwithstanding Section 13.1 and 13.2, the Municipality may accept from the Subdivider or may
require that the Subdivider may transfer to the Municipality:
a)
only an equivalent value of cash, facilities, services, work in kind, or any combination thereof, or
b)
only a combination of equivalent value and land, in lieu of the land transfer requirement, in the
following circumstances:
i)
there is sufficient open space or recreational resources existing, in the immediate surrounding
geographical area, which would be accessible to the proposed Subdivision, or
ii)
the character and amount of natural green space of the proposed Subdivision would not be
negatively affected as a result, or
iii)
the equivalent value contribution could be used, to greater net positive effect, to enhance
recreational opportunities in the immediate surrounding geographic area, and the equivalent
value amount shall be determined by an assessor based on the assessed value of the pro
posed lots excluding streets, and the remaining lands of the Subdivider.
The Municipality shall determine whether the circumstances set out in s. 13.6.b) (i), (ii) or (ii) exist.
13.7. As an alternative to Section 13.1 and 13.2, and at the discretion of the Municipality, a Subdivider may
transfer an area of land outside of the proposed area of the Subdivision.
13.8. A Subdivider may provide a bond, or other security acceptable to the Municipality, or a registered
agreement for the conveyance of land, or equivalent value, pursuant to this Bylaw in a future phase of
the Subdivision as an alternative to conveying land or equivalent value from the approved phase of the
Subdivision.
13.9. The requirements of Section 13 shall be waived for:
a)
consolidation of existing lots;
b)
any proposed lot which contains a building;
c)
plans of Subdivision showing the creation of 3 lots or less where Municipal wastewater and/or
water systems are available, except where the lot(s) are phased lot approvals of a more extensive
Subdivision or a continuation of an existing Subdivision shown on an approved tentative plan of
Subdivision.
d)
plans of Subdivision showing the creation of 5 lots or less where Municipal wastewater and/
or water systems are not available, except where the lot(s) are phased lot approvals of a more
extensive Subdivision or a continuation of an existing Subdivision shown on an approved tentative
Page 32
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
plan of Subdivision or where the land being subdivided abuts a lake or the Bay of Fundy Shoreline or
a watercourse of 0.5 m or more in width.
e)
plans of Subdivision showing the creation of 10 lots or less where the land is located in the Rural
Subdivisions Development Area (attached as Appendix E), except where the lot(s) are phased lot
approvals of a more extensive Subdivision or a continuation of an existing Subdivision shown on an
approved tentative plan of Subdivision or where the land being subdivided abuts a lake or the Bay of
Fundy shoreline or a watercourse of 0.5 m or more in width.
Policy
Amendment Date
Description
Page 33
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
14. Agreements
14.1. Agreements entered into between a Subdivider and the Municipality pursuant to this Bylaw may contain
reasonable provisions with respect to any or all of the following:
a)
the time within which any service system or road shall be commenced and completed;
b)
the acceptance of any service system or road by the Municipality;
c)
the provision and acceptance of easements and land services;
d)
the conveyance of open space dedication in accordance with Part 13; and
e)
any other matter related to the requirements of this Bylaw relative to the Subdivision and servicing
of land.
Policy
Amendment Date
Description
Page 34
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
15. Maintenance and Obligations
15.1. Following completion of any required Municipal service system or public road and before acceptance
of same by the Municipality the Subdivider shall:
a)
post a maintenance bond in the amount of 10% of the cost of construction of the Municipal
wastewater and/or water systems, or road to ensure the proper operation of such system or road
for a period of 12 months in the case of Municipal wastewater and/or water systems and 24 months
in the case of roads following the date that the Municipality granted final Subdivision approval. At
the discretion of the Municipality an irrevocable letter of credit may be accepted in lieu of a bond;
b)
in accordance with the Municipal standards, provide electronic reproducible engineering record
drawings for each service system and road stamped by a Professional Engineer;
c)
provide all operating and maintenance manuals for each service system;
d)
provide the results of all tests required by the Municipality to show proof that the service system or
road has been constructed and is operating in accordance with Municipal standards;
e)
provide all easements and land required for service systems; and
f)
convey each service system and road free from all encumbrances.
Policy
Amendment Date
Description
Page 35
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
16. Requirements for Endorsement of Filing
of Approved Final Plans of Subdivision
16.1. When the requirements of the Municipal Government Act, this Subdivision Bylaw and the On-
Site Sewage Disposal Systems Regulations pursuant to the Environment Act have been met the
Development Officer shall approve the final plan of Subdivision.
16.2. The Development Officer shall forward an endorsed copy of the approved final plan of Subdivision to
the Subdivider.
16.3. Pursuant to and in addition to Section 285 of the Municipal Government Act, the Development Officer
shall give notice of the approval of the final plan of Subdivision to:
a)
the Surveyor; and
b)
any department or agency of the Province or the Municipality who has been requested to review
the final plan of Subdivision.
16.4. In accordance with Section 285 of the Municipal Government Act, the Development Officer shall
register an endorsed copy of the approved final plan of Subdivision and a notice of the approved final
plan of Subdivision at the Registry of Deeds for the Municipality.
16.5. The following information shall be written or stamped on the final plan of Subdivision.
a)
"This final plan of Subdivision is approved for lot(s)_______________".
b)
This/These lot(s) is/are to be serviced by on-site sewage systems and are classified as
________________".
c)
"This/These lot(s) is/are to be serviced by a Municipal wastewater system".
d)
Where there are public roads which are to be owned and maintained by the Province or by the
Municipality of East Hants, the words "The following roads are owned and maintained by Nova
Scotia Public Works / the Municipality of East Hants: ____________________________."
e)
Where there are private roads which are not to be owned and maintained by Nova Scotia Public
Works or the Municipality of East Hants, the words "The following roads (Private/Right of Way
Easements) _____________________ are not owned or maintained by Nova Scotia Public Works
or the Municipality of East Hants and these private roads are not entitled to any Provincial or
Municipal services including grading, ditching, snowplowing, gravelling, school busing and garbage
collection."
16.6.
a)
The Subdivider shall pay the fees for filing contained in the Costs and Fees Act.
b)
The fees referred to in (a) shall be paid by the applicant by cheque or money order made payable
to the Registry of Deeds and the Development Officer shall transmit the filing fee with endorsed
copies of the approved final plan of Subdivision and the notice of the approved plan of Subdivision
to the Registry of Deeds for the Municipality.
c)
Where the final plan of Subdivision does not receive approval by the Development Officer, the
Subdivider shall be entitled to the return of cheque or money order referred to in subsection (b).
16.7. Before approving a final plan of Subdivision that adds or consolidates parcels to areas of land in
different ownerships the Development Officer must receive:
a)
the executed deeds suitable for registering to effect the addition or consolidation;
Page 36
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
b)
the fees for registering the deeds;
c)
the affidavit of value including particulars of any exemption, pursuant to Part V of the Act; and
d)
where applicable, the deed transfer tax.
Policy
Amendment Date
Description
Page 37
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
17. Repeal of Final Plan of Subdivision
17.1. Where a final plan of Subdivision has been approved, the approval may be repealed for any or all of the
lots created by the plan of Subdivision.
17.2. Any person requesting the repeal of a final plan of Subdivision shall submit the following to the
Development Officer:
a)
an application in the form specified in Appendix B;
b)
the fees contained in the Costs and Fees Act, and its regulations, for registering a repeal of a plan of
Subdivision; and
c)
a processing fee of $100 per application for repeal of Subdivision.
17.3. The Development Officer shall comply with the notification and approval provisions of the Municipal
Government Act which also apply to the repeal of a plan of Subdivision.
17.4. 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 of Subdivision.
17.5. 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 bylaw, or sewage disposal regulations unless the violation
can be rectified by the approval of a new plan of Subdivision filed at the Registry of Deeds on the same
day as the repeal is filed.
17.6. Sections 4 to 16 inclusive of this Bylaw do not apply to the repeal of a plan of Subdivision.
17.7. A repeal of a plan of Subdivision may not be refused or withheld as a result of the assessment or
recommendations made by Nova Scotia Public Works or Nova Scotia Environment and Climate Change
or of any other agency of the Province or Municipality unless the repeal of the plan of Subdivision is
clearly contrary to a law of the Province or regulation made pursuant to a law of the province.
17.8. The Development Officer shall forward to the Registry of Deeds the Repeal in the form specified in
Appendix C.
17.9. The Development Officer shall forward a copy of the Repeal referred to in Section 17.8 to:
a)
the Subdivider;
b)
any agency, which provided an assessment or recommendation on the original plan of Subdivision,
and
c)
the surveyor.
17.10. 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 17.4.
17.11. Where the Development Officer refuses to repeal a plan of Subdivision, the Development Officer shall
return the fees referred to in Section 17.2(b) to the Subdivider.
Policy
Amendment Date
Description
Page 38
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Schedule S1 - Subdivision Design Manual
Introduction
East Hants has generally seen the development of a
curvilinear, large block street network development
pattern. Large blocks discourage pedestrian
connectivity and activity, while short blocks do the
opposite.
A well connected network has many short street
links, numerous intersections, and no cul-de-sacs.
Well connected networks provide more direct routes,
and limit disconnected connections.
This design manual establishes general layout and
design standards for subdivision in East Hants.
The purpose of this document is to create a
functional street network by influencing individual
developments.
1km
Direct Routes
2km
Circuitous Routes
Connectivity Index
When evaluating a subdivision's connectivity, the
Municipality may consider the connectivity index rating
for the proposed streets, as calculated below. The
connectivity index may be calculated separately or
together for vehicular and active transportation paths.
A index rating of 1.2 is seen as the minimum, where a
rating of 1.6 or higher is generally considered to be well-
connected.
- Street links include relatively straight sections of road,
including road reserves.
- Nodes include intersections, cul-de-sacs, and sharp
curves
Example
Connectivity Index =
Street Links
Street Nodes
Connectivity Index =
Street Links (32)
Street Nodes (20)
1.6
Growth Management Areas & Growth Reserve Areas
East Hants has recognized the need to develop a well connected network within growth management areas,
and retain the potential of a well connected network in growth reserve areas. In these areas:
- The proposed street network should allow for safe and convenient routes for pedestrians, cyclists and
vehicles.
- Ideal street network design should promote views to public open spaces and facilities by providing
significant street frontage for these elements.
- Street network design must develop clear, understandable street patterns that promote easy navigation and
convenient access to community facilities and the broader street network.
In order to realize the above points, block lengths should generally be of a regular shape. Exceptions to this to
create visual interest shall be permitted, such as for a modified grid street network style.
Page 39
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Permitted Typologies
Prohibited Typologies
Square Grid
Radial or Modified Grid
Oblong Grid
Curvilinear Street
Network
Growth Management Areas - Active Transportation Spine
East Hants has recognized the need to develop a dedicated active transportation spine throughout the
corridor area. In these areas:
- Proposed open space and street network designs must accommodate future development of the active
transportation spine.
Highway 2
Highw
a
y
Elmsdale
R
d
High
way 2
1
4
Elmwood
D
r
T
y
l
e
r
S
t
B
oyd
A
v
e
E
d
w
ard
D
r
H
i
g
hw
ay
27
7
Park R
d
Joh
n
M
ur
r
a
y Dr
Ry
a
n Ave
O
l
d Enf
ield Rd
L
o
g
a
n Dr
Baker
y
Lane
Poplar
Dr
White R
d
Edmund Rd
Gre
e
n Road
E
xten
H
or
n
e Settlement
Rd
K
al
i
Lane
ll f
taine
Rd
El
m
b
el
D
r
Renfr
ew
Rd
M
a
l
c
olm Lucas Dr
E
n
field R
d
Llo
yd
D
r
Pal
l
e
y Rd
Isn
o
r
Rd
Highway 102 NB
Ro
b
e
rt
Sc
o
tt
D
r
Highway 102 SB
W
hitn
ey
Maur
ice Dr
Halifax Regional
Municipality
Active Transportation Spine
Policy
Amendment Date
Description
Page 40
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Appendix A - Infrastructure Charges
1.1. GENERAL
1.2. The purpose of infrastructure charges is to offset the cost of upgrading existing and oversizing new
water and wastewater infrastructure that is attributable to new development. Infrastructure charges
may be used to pay capital costs and costs for land, planning, studies, engineering, surveying, legal
and financing incurred with respect to said infrastructure. Nothing contained in this Appendix shall be
construed as requiring the Municipality to extend Municipal services to a property. Where such services
do not currently exist, it is the responsibility of the property owner to install and pay for such extensions
in accordance with Municipal standards.
1.3. Infrastructure charges shall be due and payable to the Municipality as follows:
a)
On each lot approved for Established Residential Neighbourhood (R1) Zone or Two Unit Dwelling
Residential (R2) Zone upon final Subdivision approval.
1.4. Infrastructure charges shall not apply to the following:
a)
Remainder lots until a request to be serviced is made; and
b)
Amendments to existing lots where minor boundary adjustments are made; and
c)
Lot consolidations; and
d)
Subdivision of semi-detached lots provided that a building permit for two dwelling units has been
previously issued.
1.5. The charges levied under this Appendix are first liens on the real property and may be collected in the
same manner as other charges. The lien becomes effective when the charges become due and payable
as outlined in Section 1.2 and 1.3 herein.
1.6. INFRASTRUCTURE CHARGES - RATES
1.7.
Infrastructure charges shall be applied to lands within the South Corridor and Commercial Growth
Management Area and Shubenacadie Growth Management Area for the Municipal water system and
the Municipal wastewater system and within the Milford Growth Management Area for the Municipal
wastewater system only according to Bylaw IO-200, Infrastructure Charges.
Page 41
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Appendix B - Application for Repeal of Final
Plan of Subdivision
File Number:________________________________
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 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 ___________________________, 20______
and is filed in the Registry of Deeds at ______________________in the Municipality of __________________
the County of _____________________ as # ________________________ .
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 Subdi
vision 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______________________
Page 42
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Appendix C - Repeal of a Final Plan of
Subdivision
Name of Owner(s):
Name of Subdivision:
Location:
Date of Approval of the Plan of Subdivision:
Being Registration #
at the Registry of Deeds.
THIS PLAN OF SUBDIVISION IS REPEALED
Entire Plan
Only Lot(s) #
Dated at
in the
Province of Nova Scotia, this day
of , 20
Development Officer
Please Note: Any lot or parcel created by this repeal may not be eligible for development
community
municipality
Page 43
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Appendix D - Required Future
Transportation Connections
Maps
Page 44
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Elms
dale
Rd
Highway 2
Park Rd
Jo
h
n
M
ur
r
a
y
D
r
C
ar
ri
a
g
e
La
ne
Endal
e Dr
Tyl
er
St
Bakery Lane
W
il
s
o
n
R
d
Shamrock Lane
Edmund Rd
P
i
n
e
h
il
l
D
r
Ka
li
La
ne
Sch
o
o
l
R
d
El
m
b
e
l
D
r
E
n
fi
e
l
d
R
d
White Rd
Malcolm
Lucas Dr
Russell Mckeen Dr
L
o
c
k
s
R
d
Par
k
e
r
P
l
C
r
es
Alderney Dr
Mason Lane
E
l
m
w
o
o
d
D
r
Lacy Anne Ave
Bona Cres
L
e
w
MacMill
an Dr
Hemlock Dr
Boyd Ave
R
i
v
e
r
s
i
d
e
L
a
n
e
Ta
n
n
e
r
y
Dr
Old E
nfiel
d Rd
W
hi
tn
e
y
M
a
u
ri
c
e
Dr
Highway 102 SB
Highway 102 NB
Brooksid
e Ave
Rd
O
wd
is
Av
e
Highway 2
Briann
a Dr
Mar
iah
Dr
Ryan Ave
Allan Shaw Blvd
Hig
hwa
y 2
77
Oakmount Dr
Frederick Allen Dr
Poplar Dr
Tu
rn
er
Ja
me
s
Av
e
Gree
n Ro
ad E
xten
Lantz Conn
Logan Dr
Maple
Cres
Acorn Ave
L
e
w
C
r
e
s
Tower View Crt
L
l
o
y
d
D
r
Palley Rd
Isnor
Rd
R
o
b
e
r
t
S
c
o
t
t
D
r
SB
APPENDIX D
REQUIRED FUTURE TRANSPORTATION CONNECTON MAP 1
Road (Major / Minor Route)
Road Reserve
1:26,000
0
570
1,140
1,710
2,280
285
Metres
Alternative transportation connections will be considered where connectively objectives are meant.
Page 45
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
APPENDIX D
REQUIRED FUTURE TRANSPORTATION CONNECTON MAP 2
Road (Major / Minor Route)
Road Reserve
1:14,000
Page 46
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Highway 2
Highway 102 SB
Highw
Highway 214
Highway 277
Halifax Regional
Municipality
Highway 102 NB
Highway 224
Highway 215
Halifax Regional
Municipality
Colchester
County
APPENDIX D
REQUIRED FUTURE PEDESTRIAN CONNECTON MAP
1:50,000
Highway (Major Route)
Road (Minor Route)
Existing Walkway/Trail
Existing Sidewalk
Required Pedestrian
Connection
375
3,000
2,250
1,500
750
0
Metres
Alternative transportation connections will be considered where connectively objectives are meant.
Page 47
SUBDIVISION BYLAW - EAST HANTS OFFICIAL COMMUNITY PLAN
Appendix E - Rural Subdivisions
Development Area