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Municipality of the County of Richmond
Amendment to the Subdivision Bylaw
Adopted by Municipal Council on June 18, 2001
I acknowledge receipt of these amendments to the Subdivision Bylaw, dealing with naming of
private roads, adopted at a meeting of Municipal Council held on June 18, 2001.
I have reviewed the documents pursuant to Section 208 of the Municipal Government Act and
have not determined that the documents fall within any of the categories requiring approval listed
in subsection 208(3), therefore the documents are not subject to the approval of the Minister of
Service Nova Scotia and Municipal Relations.
David Darrow
Provincial Director of Planning
-.
Dated: Jv!'l lc;; L-Oo/
This electronic version of this By-law is provided by the Clerk of the Municipality of the County of Richmond for your convenience and personal
use only. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult the Clerk's office.
A RESOLUTION TO AMEND THE
RICHMOND COUNTY SUBDMSION BY-LAW
The Richmond County Subdivision By-law is hereby amended as follows:
a)
In D - Private Roads Right-of-Ways, Section 33 (1) immediately following the words,
" -.. provisions of the "Specifications for Subdivision Roads in Urban and Rural Areas" prepared
by the Department of Transportation and Public Works," adding the following:
(e) have the name of the private road rights-of-ways as issued by the civic
addressing system.
MUNICIPALITY OF THE COUNTY OF RICHMOND
SUBDIVISION BY-LAW
Adopted by Municipal Council on September 13, 1999
This Subdivision By-law for the Municipality of the County of Richmond which was adopted at
a meeting of Municipal Council held on September 13, I 999 is approved pursuant to clause
208(6)(b) of the Municipal Government Act, with the following amendments:
1
Clause 2(h) is struck out and the following substituted:
"(h)
"Municipality" means the Municipality of the County of Richmond;".
2
Subsection 15(3) is struck out.
3
The heading and subsection 35(1) of Part Eis struck out and the following substituted:
"E - Non-surveyed Plans of Subdivision
35.
(1)
As an alternative to a FINAL plan of subdivision, the Development
Officer may approve a non-surveyed plan to create a subdivision where:
(a)
all other requirements of this By-law are met, and
(b)
the plan.shows only lots having a minimum area of2 hectares (4.9 acres)
including the remainder lot, if any, or
( c)
two or more areas ofland are being consolidated into one lot, and
(d)
the plan is prepared, stamped and signed by a member in good standing of
the Association of Nova Scotia Land Surveyors but is not certified in
accordance with the Land Surveyors Act and the regulations made
thereunder, and
(e)
the plan meets the requirements of clause 40(2)(c) to 40(2)(x) inclusive
except the reference to a survey in clauses 40(2)(j) and 40(2)(n) does not
apply."
4
Subsection 35(2) is amended by striking out "FINAL" in the first line.
5
The following subsection is added after subsection 35(2):
"(3)
The plan shall be subject to the same stamps as those required by Section 46
except the words ''FINAL plan of subdivision" shall be changed to "plan to create
a subdivision".
6
Clauses 46(b) to ( e) are struck out and the following substituted therefor:
"(b)
where applicable,
(i)" ____________ (is, are) suitable for the con-
(lot(s) approved and/or remainder)
struction or installation of an on-site sewage disposal system
for ________ and any conditions which apply are
(proposed use)
contained in a report dated _____ and available from the
Department of the Environment.";
(ii)" IMPORTANT NOTICE
___________ (has, have) been created for a
(lot(s) approved and/or remainder)
purpose which does not require an on-site sewage disposal
system and will not be eligible for a permit to install a system unless the
requirements of the Department of the Environment are met."; or
(iii)" ____________ (is, are) served by an exist-
(lot(s) approved and/or remainder)
ing on-site system and should a replacement system become
necessary in future, approval of the replacement system from
the Department of the Environment is required."
(c)
where applicable,
(i)
a notation stating that access to the public street as shown has been
approved for the lots created by this final plan and any conditions
which apply are listed on the plan or are contained in a report dated
-------'' available from the authority having jurisdiction
for public streets;
(ii)
where a lot which abuts a public street does not have an approved
access point along the street, a notation stating that direct access to
the street is not permitted; and
(iii)
a notation stating which lots abut a private road and that no
provincial or municipal services shall be provided to these lots."
Dated at Halifax, Nova Scotia this I'- day of 11)6<J,
1999.
TABLE OF CONTENTS
SHORT TITLE ...............................-.-............................. 1
INTERPRETATION ........................................................... 1
GENERAL PROVISIONS ....-................................................. 3
A - Procedure ......-...........-................-....................... 3
B - Lot Requirements ..................................................... 4
C - Public Streets ...............-........-............................... 8
D - Private Road Right-of-Ways ............................................ 9
E - Waiver from Survey Requirements of FINAL Plan of Subdivision --........--.. 9
PRELIMINARY PLANS OF SUBDMSION (Optional First Step) ....-.............-.. 10
A - Requirements . . . . - . . - . . . . . . . . . . . . . . - . . . . . . - - . - . . . . . . . . . . . . . . . . . . . . . . 10
B - Procedure . . . . . - . . . - . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . - . . . . - . - . . . . . . . . . . 1 O
TENTATIVE PLANS OF SUBDMSION ...........--............................ 11
A - Requirements .............................................-......... 11
B - Procedure .............-.................................-.......... 13
FINAL PLANS OF SUBDMSION .............................................. 14
A - Requirements . . . . . - . . . . - . . . . . - . - - - . - . . . . . . . . . . . . . - - . - . . . . - - . . . . . . . . - 14
B - Procedure .........-................................................ 15
REPEAL OF A PLAN OF SUBDIVISION .................................-...... 16
Schedule "A": Application for Subdivision Approval ....................-............ 17
Schedule "B": Lot Size Requirements ..................................-.......... 18
Schedule "C": Notice of Approval of a Plan of Subdivision in ...-...................... 19
Schedule "D": Application for Repeal of a Plan of Subdivision ......................... 20
Schedule "E": Repeal of a Plan of Subdivision Pursuant to ............................ 21
Schedule "F-1 ": Letter of Undertaking - Owner ..................................... 22
Schedule "F-2": Letter of Undertaking - Engineer ................................... 23
Schedule "G": Certification of Field Review of Road Construction ...................... 24
Subdivision By-law
SHORT TITLE
1.
This By-law may be cited as the "Subdivision By-law" and shall apply to all lands within the
Municipality of the County of Richmond.
INTERPRETATION
2.
In this By-law,
(a)
"Act" means the Municipal Government Act;
(b)
- Area of land" means any lot or parcel as described by its boundaries.
For the purposes of Sectiori 19 "area of land" means:
(i)
any lot or parcel described in a deed executed on or before August 6, 1984 less any
subsequent conveyances prior to August 6, 1984, or
(ii)
any lot or parcel shown on a FINAL plan of subdivision filed in the Registry of
Deeds before August 6, 1984 or
(iii) any lot or parcel described in a deed executed on or subsequent to August 6, 1984,
by means of Section 268(2) of the Act.
(c)
"Central system" means a system of piping and plant for the collection. transportation
and treatment of sewage or water of such design and installation as to satisfy the
requirements of all agencies concerned both Provincial and Municipal.
(d)
"Frontage" means
in an area covered by a Land Use By-law
(i)
the distance between the side lines of a lot measured along a public street or
private road except in Section 18, or
(ii)
where a lot is located on a curve on a public street or private road the distance may
be measured along a line joining points on the side lines of the lot which points are
eight metres (26.3 feet) from such street or private road; or
in an area covered by a Land Use By-law
(iii) the frontage measured as required in such By-laws;
(e)
"Island" means an area of land completely surrounded by water at low tide;
(f)
"Lot" means any parcel to be created by the filing of an approved rmat plan of
subdivision;
(g)
"Municipal engineer" means an engineer licensed to practise professional engineering in
Nova Scotia and appointed by the municipality;
(h)
"Municipality" means the specific County or Town in which the land is being
subdivided;
- 1 -
Municipality of the County of Richmond
(i)
"Nova Scotia Land Surveyor" means a member licensed to practice in Nova Scotia who
is in good standing with the Association of Nova Scotia Land Surveyors;
0)
"Private Road Right-of-Way" means any road right-of-way which is not public shown on
a plan of subdivision which
(i)
extends to and has ·access to a public street and where not totally located within the
area of land being subdivided, the private road right-of-way shall have an
easement for right-of-way and access which has been clearly surveyed and granted
by deed, registered in the registry of deeds, and
(ii)
includes any private road approved by the Department of Transportation and
Communications and shown on an approved plan of subdivision prior to the first
day of August, 1987 and filed in the registry of deeds;
(k)
"Province" means Her Majesty the Queen in right of the Province of Nova Scotia;
(I)
"Public street" includes any street or road owned and maintained by a municipality or
the province; and
(i)
"municipal public street" means any street or road owned and maintained by a
municipality,
(ii)
"provincial public street" means any street or road owned and maintained by the
Department of Transportation and Communications of the Province excluding
designated controlled access highways pursuant to Section 20 of the Public
Highways Act,
(m)
"Registry of Deeds" means the office of the registrar of deeds for the registration district
in which the area of land being subdivided is located;
(n)
"Right-of-way easement" means an easement for right-of-way and access, extending to
and having access to a public street or highway, and where not totally located within the
area of land proposed to be subdivided the right-of-way easement shall be clearly
surveyed and granted by deed, registered in the Registry of Deeds for the County of
Richmond:
(i)
prior to August 6, 1984, having a minimum width of 3 metres (9 .8 feet), or
(ii)
subsequent to August 6, 1984, having a minimum width of 6 metres (19. 7 feet);
(o)
"Subdivider" means the owner of the area of land proposed to be subdivided and
includes anyone acting with the owner's written consent;
(p)
"Subdivision" means the division of any area of land into two or more parcels, and
includes a re-subdivision or a consolidation of two or more parcels.
- 2 -
Subdivision By-law
GENERAL PROVISIONS
A - Procedure
3.
Application for approval of a plan of subdivision shall be made to the development officer in the
form specified in Schedule- A" of this By-law.
4.
The development officer shall comply with the notification and approval provisions of the Act.
5.
The development officer shall forward a copy of the subdivision plan to
(a)
in areas not served by a central sewer, the Department of the Environment of the
Province to determine compliance with the "Regulations Respecting Subdivision of
Land to be Serviced by On-Site Sewage Disposal Systems";
(b)
in areas served by a central sewer, the authority having jurisdiction for central sewers;
(c)
in areas served by a central water supply, the village commission or other authority
having jurisdiction for water services;
(d)
the authority having jurisdiction for public streets; and
(e)
any other agency of the Province or the municipality which the development officer
deems necessary.
6.
Any agency which has been forwarded a copy of the plan of subdivision pursuant to Section 5
shall forward a written report of their assessment or recommendations to the development
officer.
7.
Approval of a plan of subdivision may not be refused or withheld as a result of the assessment or
recommendations made by the Department of the Environment, the Department of
Transportation and Communications or of any other agency of the Province or the municipality
unless the plan of subdivision is clearly contrary to a law of the Province or regulation made
pursuant to a law of the Province, including any applicable requirements for lot area and lot
frontage contained in a Land Use By-law.
8.
(1)
At the time of application, the subdivider shall submit
(a)
the fees contained in the Costs and Fees Act, and regulations made thereunder, for
(i)
filing the endorsed FINAL plan of subdivision, certifying a copy of the plan and
registering a notice of approval of the plan, or
(ii)
registering a repeal of a plan of subdivision; and
(b)
a processing fee of $200.00 per plan plus $25.00 per lot for each lot above five (5) for
which approval is being requested on a FINAL plan of subdivision for review and
approval of the subdivision, or for repeal of a plan of subdivision; or
(c)
a processing fee of $50.00 for review and approval of a TENTATIVE plan of
subdivision.
. 3.
Municipality of the County of Richmond
(2)
Where the development officer refuses, to approve a TENTATIVE or FINAL plan, or to
repeal a FINAL plan of subdivision or where the applicant withdraws the application, the
fees referred to in clause (l)(a) and 50% of the fees referred to in clauses l(b) or l(c),
shall be returned to the subdivider.
9.
The development officer shall forward a copy of the approved TENTATIVE plan of subdivision
to the subdivider and the surveyor.
10.
The development officer shall forward an endorsed copy of the FINAL plan of subdivision to the
subdivider and the surveyor.
11.
Where the development officer refuses to approve a TENTATIVE plan or FINAL plan of
subdivision, the development officer shall give notice of the refusal to all agencies which were
forwarded a plan pursuant to Section 5.
12.
Where the development officer refuses to approve a TENTATIVE plan or FINAL plan of
subdivision, the development officer shall notify the subdivider pursuant to the requirements of
the Act, give reasons for refusal, and advise the subdivider of the appeal provisions of the Act.
13.
A FINAL plan of subdivision showing lots to be approved under circumstances described in
Subsection 287(3) of the Act by special note on the plan should
(a)
identify such lots;
(b)
state the name(s) of the grantee of such lots; and
(c)
state the date, PID number, book and page number of the conveyance of such lots as
recorded in the registry of deeds.
B - Lot Requirements
14.
All lots shall abut:
(a) a public street or;
(b) a private road right-of-way.
15.
(1)
Subject to Subsections (2) and (3) all lots for which approval is requested and the
remainder lot, if any, shall meet the requirements for minimum lot area and minimum lot
frontage contained in Schedule "B".
(2)
Where an authorized person of the Department of the Environment of the Province has
assessed the proposed lots shown on a FINAL plan of subdivision and approved such
lots for the installation of on-site sewage disposal systems, such lots shall be deemed to
meet the lot area requirements contained in Schedule "B".
(3)
Where an authorized person of the Department of the Environment of the Province has
infonned the development officer in writing that all proposed lots shown on a plan of
subdivision do not require an assessment by virtue of the exemption contained in clause
2.(l)(c) of the "Regulations Respecting Subdivision of Land to be Serviced by On-Site
Sewage Disposal Systems", such lots shall be deemed to meet the lot area requirements
contained in Schedule "B".
- 4 -
Subdivision By-law
16.
Where a Land Use By-law is in effect
17.
18.
19.
(a)
notwithstanding Section 15, all lots for which approval is being requested and the
remainder lot, if any, shall meet the applicable requirements for minimum lot area and
minimum lot frontage contained in such By-law; and
(b)
clause 14{b), and Sections 17, 18, 19, and 22 are inoperative and do not apply unless the
Land Use By-law permits development on any lot created pursuant to these sections and
the municipal planning strategy allows for the subdivision and development of such lots.
(1)
Notwithstanding the lot area and frontage requirements of this By-law, the development
officer may approve a maximum of two lots, shown on a plan of subdivision, in
accordance with Section 279 of the Act provided all other requirements of this By-law
are met.
(2)
Subsection (1) shall not vary the dimension for frontage below 6 metres (19.7 feet) or the
minimum requirement for area for a lot served by an on-site sewage disposal system.
(1)
For the purposes of this section, "water frontage" means the distance measured along the
Ordinary High Water Mark as defined in the Nova Scotia Land Surveyors Regulations.
(2)
Notwithstanding Section 14 and the lot frontage requirements of this By-law, the
development officer may approve a subdivision on an island which does not contain a
public street provided each lot has water frontage of 6 metres (19. 7 feet) or more and:
(1)
(a)
the subdivider provides a parking area measuring not less than 3 x 6 metres (9.8 x
19.6 feet) for the exclusive use of each lot so subdivided, and
(b)
the parking area is within 300 metres (984.25 feet) of the navigable watercourse on
which the lots shown on the plan of subdivision abut, and
(c)
the subdivider provides an easement for right-of-way and access, clearly surveyed
and granted by deed registered in the Registry of Deeds having minimum width of
15 metres (49.2 feet) extending from a public street or highway or a private road to
the parking area and to the shoreline of the navigable watercourse where there
exists suitable boat launching facilities, and
(d)
the parking area, easement for right-of-way and the boat launching facilities are
clearly identified on the FINAL plan of subdivision.
Notwithstanding the lot frontage requirements of this By-law, the Development Officer
may approve a FINAL plan of subdivision showing the subdivision of an existing area of
land into two lots only, or one Jot and a remainder lot for which no approval is requested,
provided that each proposed lot and the remainder lot, if any:
(a)
(i)
has minimum lot frontage of 6 metres (19.7 feet), or
(ii)
notwithstanding Section 14, is served by a right-of way easement as
defined in clause 2(n), and
(b)
meets the lot area requirements contained in Schedule "B" of this By-law.
- 5 -
Municipality of the County of Richmond
20.
(2)
Where an area of land can not be subdivided in accordance with the provisions of this
section because the access to it is required to cross a railway right-of-way and no
easement for the right-of way and access can be obtained from the railway, if all other
requirements of this section have been met, subdivision approval may be granted,
provided that the lot(s) created have access by a right-of-way easement as defined in
clause 2(1), except that with regard to that portion of the right-of-way easement which
crosses the railway right-of way, a license for right-of-way and access from the railway
shall be sufficient.
(1)
Notwithstanding Section 14, and the lot area and frontage requirements of this By-law,
the development officer may approve a subdivision altering the boundaries of two or
more areas of land where
(a)
no additional lots are created;
(b)
each resulting lot
(i)
meets the minimum dimension for lot frontage of this By-law or where a
Land Use By-law is in effect, the Land Use By-law, or
(ii)
has not had its frontage, if any, reduced; and
(c)
each resulting lot
(i)
meets the minimum requirement for lot area of this By-law or where a
Land Use By-law is in effect, the Land Use By-law, or
(ii)
has not had its area reduced.
(2)
Where the proposed lot is not surveyed, the FINAL plan of subdivision prepared
pursuant to Subsection 20(1) shall
(a)
be certified and stamped by a Nova Scotia Land Surveyor that the boundaries of
the parcel or area of land proposed to be added to the existing area of land have
been surveyed and shown as a heavy solid line, except the common boundary
between the existing areas of land, which is surveyed and certified as being the
common boundary and shown as a heavy broken line;
(b)
notwithstanding clause 44(1)(b), other than the new boundaries which have been
surveyed pursuant to clause (a), show the remaining boundaries of the resulting lot
for which approval is requested described graphically as a lighter solid line; and
(c)
have the following notation, completed and signed by the surveyor, affixed to the
plan adjacent to the certification required by the Land Surveyors Act and the
regulations made thereunder:
NOTE: The only boundaries shown on this plan which have been surveyed are
the boundaries of ____ . The common boundary between the existing areas
of land identified by __ and __ , which is shown by a heavy broken line,
is hereby certified as having been the common boundary.
- 6.
21.
(1)
Subdivision By-Jaw
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.
Notwithstanding the lot area and frontage requirements of this By-law, where a
development component of a permanent nature such as a structure, driveway, well, or
on-site sewage disposal system is encroaching in or upon an immediately adjacent area
of land, the development officer may approve a plan of subdivision to the extent
necessary and practical to remove the encroachment.
(2)
Where a lot created pursuant to Subsection 21(1) is not surveyed, the provisions of
Subsection 20(2) shall apply.
22.
Notwithstanding the lot area requirements of this By-law, the development officer may approve
a lot on a plan of subdivision which
(a)
does not contain an on-site sewage disposal system or any part thereof; and
(b)
which has a maximum area of 465 square metres (5005.3 square feet).
23.
(1)
For purposes of Subsection 23(2), "main building" is a building which is not an
accessory building to another building on the area of land.
(2)
Notwithstanding the lot area and frontage requirements of this By-law, where an area of
land contains more than one main building built or placed on the land prior to August 6,
1984, the development officer may approve a FINAL plan of subdivision creating the
same number of lots or fewer as there are main buildings provided that each proposed lot
has minimum frontage of 6 metres (19. 7 feet).
24.
Where an area of land contains any buildings, the property shall be subdivided such as to retain
the spatial separation distances required by the National Building Code.
25.
Lots shall not be subdivided to create a width or depth of less than 6 metres (19.7 feet).
26.
There shall not be more than four public street or highway or private road approaches in an
intersection.
27.
Where a public street or highway or private road in an adjoining subdivision abuts the
boundaries of a plan of subdivision submitted for approval, a public street or highway or private
road right-of-way in the latter shall, if reasonably feasible, be laid out in prolongation of such
public streets or highways or private roads, unless it would be in violation of this By-law.
28.
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.
29.
Wherever possible, the rear lot lines of a series of adjoining lots shall be continuous, not stepped
or jogged.
-7-
Municipality of the County of Richmond
C - Public Streets
30.
31.
(1)
All proposed public streets shall
(a)
be shown on a FINAL plan of subdivision;
(b)
be designed in accordance with "Specifications for Subdivision Roads in Urban
and Rural Areas" prepared by the Department of Transportation and
Communications of the Province, or specifications adopted by the municipality;
(c)
have a minimum right-of-way width of 20 metres (65.6 feet);
(d)
be constructed prior to endorsement in accordance with "Standard Specifications
for Municipal Services" prepared by the Nova Scotia Road Builders Association
(NSRBA) and the Nova Scotia Consulting Engineers Association (NSCEA) Joint
Committee on Contract Documents, or specifications adopted by the municipality;
and
(e)
be approved by the municipal engineer.
(2)
The specifications referred to in clauses (b), (c) and (d) may be varied in accordance
with accepted engineering practise and the requirements of the Act.
(3)
Construction of a proposed public street shall be inspected at intervals appropriate to the
stage of construction to determine general compliance with the design drawings accepted
by the Municipality and such inspections shall be committed to through the use of
Letters of Undertaking, Schedule "F" and verified through the use of Certificates of
Field Review, Schedule "G" before endorsement of approval of the FINAL plan.
(4)
Where a proposed municipal public street intersects a provincial public street, that
intersection shall be approved by the Nova Scotia Department of Transportation and
Communications of the Province.
(1)
All proposed lots which abut a public street shall have an access point to the public street
which meets the stopping sight requirements of the Department of Transportation and
Communications of the Province or requirements adopted by a municipality where the
proposed lots abut a municipal public street.
(2)
This section does not apply to proposed lots which have an existing access to a public
street.
32.
Where a plan of subdivision shows a proposed lot abutting an existing public street, the authority
having jurisdiction shall verify that the street is a public street.
- 8.
Subdivision By-law
D - Private Roads Right-of-Ways
33
(1)
All proposed private road right-of-ways shall
(a)
be shown on a TENTATIVE or FINAL plan of subdivision;
(b)
(c)
(d)
have a maximum sustained pre-construction grade of twelve (12) percent, and may
have a maximum intermittent pre-construction grades of fifteen (15) percent for
maximum distances of sixty-one (61) metres (200.1 feet), except within 15 metres
(49.2 feet) of the intersection with a public street, in which case the intersection
shall be approved by the authority having jurisdiction over the public street;
have a minimum width of 20 metres (65.6 feet); and
have internal intersection alignments depicted in accordance with the provisions of
the "Specifications for Subdivision Roads in Urban and Rural Areas" prepared by
the Department of Transportation and Public Works,
(2)
The specifications referred to in Section 33(1)(b) and (c) may be varied in accordance
with accepted engineering practise and the requirements of the Ac, where the sections of
the private road right-of-way for which a variance is being proposed. is designed by a
professional engineer.
34
(1)
The intersection of a private road right-of-way with a public street shall be approved by
the authority having jurisdiction over the public street.
(2)
A private road right-of-way shall be approved as a separate lot and is deemed to meet
minimum lot area and frontage requirements of this By-law.
E - Waiver from Survey Requirements of FINAL Plan of Subdivision
35.
(1)
Notwithstanding clauses 44(1)(b) and 40(2)(j) the Development Officer may approve a
FINAL plan of subdivision where:
(a)
all other requirements of this Bylaw are met, and
(b)
the plan shows only Jots having a minimum area of 2 hectares (4.9 acres) including
the remainder lot, if any. or
(c)
an existing lot is being increased in size, and
(d)
the plan is prepared, stamped and signed by a member in good standing of the
Association of Nova Scotia Land Surveyors but is not certified in accordance with
the Land Surveyors Act and the Regulations made thereunder,
(2)
The FINAL plan of subdivision submitted to the Development Officer for approval
pursuant to Subsection (1) shall have the following affixed thereto immediately above
the title block:
"The boundaries shown on this plan are a graphic representation only and do not
represent the accurate shape or position of lot boundaries. The accurate locations of all
boundaries shown are subject to a field survey prepared in accordance with Land
Surveyors Act and the Regulations made thereunder."
. 9.
Municipality of the County of Richmond
PRELIMINARY PLANS OF SUBDIVISION (Optional First Step)
A - Requirements
36.
The subdivider proposing to subdivide an area of land may submit to the development officer
four copies of the PRELIMINARY plan of subdivision drawn to scale showing
(a)
the name of the owner of the area of land being subdivided;
(b)
the names of all owners of all properties abutting the area of land being subdivided;
(c)
where a civic addressing system is in place, the civic number of main buildings on the
area of land being subdivided;
(d)
a location plan showing the approximate distance between the area of land being
subdivided and the nearest prominent landmark;
(e)
the shape, dimensions, and area of the lots being created;
(f)
each proposed lot identified by a number except in cases where a parcel is being added
to or subtracted from an existing area of land, in which case the parcel shall be identified
by a letter and the new lot identified by the existing area of land identifier, where
available, and the letter;
(g)
no duplication of lot identifiers;
(h)
the approximate location of railways;
(i)
the approximate location of any easements or any rights-of-way;
(j)
the location of existing and proposed public streets and private road right-of-ways;
(k)
the name of existing and proposed public streets (and the public street number) and
private road right-of-ways as issued by the civic addressing system;
(I)
the graphic representation of lots being created shown by solid lines, and the vanishing
boundaries of existing areas of land being re-subdivided, consolidated or both, shown as
broken lines;
(m)
the approximate location of existing buildings within 10 metres (32.8 feet) of a property
line;
(n)
the general location of watercourses;
(o)
the north point;
(p)
the scale;
(q)
any other information necessary to determine whether this subdivision conforms to this
subdivision By-law.
B - Procedure
37.
The procedure for processing PRELIMINARY plans of subdivision is contained in the
GENERAL PROVISIONS.
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Subdivision By-law
TENTATIVE PLANS OF SUBDIVISION
A - Requirements
38.
The subdivider proposing to subdivide an area of land shall submit to the development officer
eight (8) copies of the TENTATIVE plan of the proposed subdivision meeting the requirements
of Section 40 of this By-law.
39.
Notwithstanding Section 38, the development officer may waive the requirement that
TENTATIVE application and plan of subdivision be submitted where
40.
(a)
lots abut an existing public street or an existing private road, except where lots are
created without frontage pursuant to Sections 18, 19, or 20;
(b)
a central water or sewer system is not being installed; and
(c)
all lots to be served by on-site sewage disposal systems
(1)
(i)
are 9290 square metres (100,000 square feet) or more in area;
(ii)
have been evaluated by an authorized person of the Department of the
Environment and the development officer has been informed in writing by the
authorized person that the information already provided by the subdivider is
satisfactory; or
(iii) do not require an assessment by virtue of the exception contained in clause 2.(l)(c)
of the "Regulations Respecting Subdivision of Land to be Serviced by On-Site
Sewage Disposal Systems".
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, including a survey of
the perimeter of the lot to be subdivided; and
(c)
folded to approximately 20x30 cm (8xl2 in.) with the face of the folded print
being the title block which is located in the lower right-hand comer of the
TENTATIVE plan of subdivision.
(2)
TENTATIVE plans of subdivision shall show the following
(a)
the words "PLAN OF SUBDMSION" located in the title block;
(b)
the words "TENTATIVE PLAN" located above the title block;
(c)
a clear space for stamping being a minimum of 225 square centimetres (36 square
inches) with a minimum width of 8 centimetres (3 inches);
(d)
the name of the subdivision, if any, and the name of the owner of the area of land;
(e)
if applicable, the book and page number of the deed to the area of land as recorded
in the name of the owner in the registry of deeds;
- 11 -
Municipality of the County of Richmond
(f)
where Nova Scotia property mapping exists, the unique Parcel Identifier (PID
number) of all areas of land being subdivided, or where this property mapping
does not exist the assessment account number may be shown;
(g)
where a civic addressing system is in place, the civic number of main buildings on
the area of land being subdivided;
(h)
the names of all owners or the identifiers of all properties abutting the proposed
subdivision;
(i)
a location map, drawn to a scale not smaller than 1:50,000 (such scale to be shown
on the map), preferably with the same orientation as the area of land and, if
possible, showing the location of the closest community to the area of land
proposed to be subdivided;
G)
the approximate shape, dimensions, and area of the lots being created; based on a
survey of the perimeter of the lot to be subdivided;
(k)
each lot being approved identified by a number, except in cases where a parcel is
being added to or subtracted from an existing area of land, in which case the parcel
shall be identified by a letter and the new lot identified by the existing area of land
identifier, where applicable, and the letter;
(I)
no duplication of lot identifiers;
(m)
the boundaries of lots being created shown by solid lines, and the vanishing
boundaries of existing areas of land being re-subdivided, consolidated or both,
shown as broken lines;
(n)
the approximate location of existing buildings within 10 metres (32.8 feet) of a
property boundary; based on a survey of the perimeter of the lot to be subdivided;
(o)
the location of existing and proposed public streets and private road right-of-ways;
(p)
the name of existing and proposed public streets (and the public street number)
and private road right-of-ways as issued by the civic addressing system;
(q)
the width and location of railroads;
(r)
the location of any watercourse, prominent rock formation, marsh, or swamp
which might affect the layout or provision of public streets or private road right-
of-ways and services to the area where the subdivision is to be located;
(s)
the width, location, and nature of any easements on or affecting the area of land
proposed to be subdivided;
(t)
where applicable, a notation stating the lots are serviced by a public sewer and/or
water system;
(u)
the north point;
(v)
the date on which the plan of subdivision was drawn and the date of any revisions;
- 12 -
Subdivision By-law
(w)
the scale to which the plan of subdivision is drawn;
(x)
any other infonnation necessary to determine whether or not the plan of
subdivision conforms to this By-law.
(3)
In addition to meeting the requirements of Subsections (1) and (2), where the proposed
lots front on a proposed public street or proposed private road right-of-way, a tentative
plan of subdivision shall
B - Procedure
(a)
show a boundary survey of the area of land proposed to be subdivided, excluding
the remainder lot, certified and stamped by a Nova Scotia Land Surveyor in the
manner required by the Land Surveyors Act and the regulations made thereunder;
(b)
except for private road right-of-ways, be accompanied by four copies of a plan
showing
(i)
contours at 2 metre (5 foot) intervals, and drainage patterns,
(ii)
the width and location of proposed public streets or highways and their
intersection with existing public roads, and
(iii)
the location of existing and proposed central sewer and water systems
and proposed connections thereto; and
(c)
be accompanied by two (2) copies of centerline profiles of proposed public streets
or proposed private road right-of-way.
41.
The procedure for processing TENTATIVE plans of subdivision is contained in the GENERAL
PROVISIONS.
42.
The following information shall be stamped or written and completed by the development officer
· on any TENTATIVE plan of subdivision which is approved together with any other information
necessary for the TENTATIVE plan to proceed to the FINAL plan stage.
(a)
"This TENTATIVE plan of subdivision is approved for Lots _____ . Such
approval lapses if the lots are not shown on a FINAL plan of subdivision approved
within two years of the date of the approval of the TENTATIVE plan.";
(b)
the date of the approval of the TENTATIVE plan; and
(c)
"This TENTATIVE plan of subdivision shall not be filed in the registry of deeds as no
subdivision takes effect until a FINAL plan of subdivision is endorsed by the
development officer and filed in the registry of deeds.-
FINAL PLANS OF SUBDIVISION
A - Requirements
- 13 -
Municipality of lhe County of Richmond
43.
The subdivider proposing to subdivide an area of land shall submit twelve (12) copies of the
FINAL plan of subdivision meeting the requirements of Section 44 of this By-law to the
development officer for approval.
44.
(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 of the FINAL plan
of subdivision;
(b)
certified and stamped by a Nova Scotia Land Surveyor that the lots for which
approval is requested have been surveyed in the manner required by the Land
Surveyors A.ct and the regulations made thereunder, except for a FINAL plan of
subdivision prepared pursuant to Subsection 20(2) of this By-law; and
(c)
folded to approximately 20x30 centimetres (8x12 inches) with the face of the
folded print being the title block which is located in the lower right-hand comer of
the FINAL plan of subdivision.
(2)
FINAL plans of subdivision shall meet the plan content requirements of Subsection
40(2) except that
(a)
clause 40(2)(b) does not apply,
(b)
proposed streets and roads shall be surveyed, and
(c)
the geographical and mathematical location of all buildings within 3 metres(9.8
feet) of a proposed boundary shall be shown.
- 14 -
Subdivision By-law
B - Procedure
45.
The procedure for processing a FINAL plan of subdivision is contained in the GENERAL
PROVISIONS.
46.
The following information shall be stamped or written and completed by the development officer
on any FINAL plan of subdivision which is endorsed:
(a)
-This FINAL plan of subdivision is approved for Lots ____ -:
(b)
where applicable, the classification of each lot within one of the classes A, B, C, or D,
including the definition of such class, specified in Schedule "A- to the -Regulations
Respecting Subdivision of Land to be Serviced by On-Site Sewage Disposal Systems" or
a note stating that the lots have not been assessed pursuant to clause 2.(l)(c) of said
regulations;
(c)
where there are public streets which are to be owned and maintained by the Province, the
words "The following streets and highways are owned and maintained by the
Department of Transportation and Communications of the Province of Nova Scotia:
..
-----------------------------·
(d)
where there are municipal public streets which are to be owned and maintained by the
municipality, the words "The following streets and roads are owned and maintained
by __________________________ _
_______ (Name of Municipality)";and
(e)
a notation stating which lots abut a private road and that no provincial or municipal
services shall be provided to these lots.
47.
The development officer shall forward to the registry of deeds one(l) endorsed copy of the
FINAL plan of subdivision and a notice of approval in the form specified in Schedule -c- of this
By-law.
- 15 -
Municipality of lhe County of Richmond
REPEAL OF A PLAN OF SUBDIVISION
48.
Any person requesting the repeal of a plan of subdivision shall submit to the development officer
an application in the form specified in Schedule "D".
49.
The development officer shall comply with the notification and approval provisions of the Act
which apply to the repeal of a plan of subdivision.
50.
When the development officer is satisfied that an application for repeal is complete, the
development officer may forward a copy to any agency who provided an assessment or
recommendations on the original plan of subdivision.
51.
Where buildings have been erected on the subject lands after the date of the subdivision approval
sought to be repealed, no repeal shall be granted which would cause these buildings to be in
violation of any building code regulations, Land Use By-law, or sewage disposal regulations
unless the violation can be rectified by the approval of a new plan of subdivision filed at the
registry of deeds on the same day as the repeal is filed.
52.
Sections 14 to 47 inclusive of this By-Jaw do not apply to the repeal of a plan of subdivision.
53.
A plan of subdivision may not be refused or withheld as a result of the assessment or
recommendations made by the Department of the Environment, the Department of
Transportation and Communications or of any other agency of the Province or the municipality
unless the repeal of the plan of subdivision is clearly contrary to a Jaw of the Province or
regulation made pursuant to a law of the Province.
54.
The development officer shall forward to the registry of deeds the repeal in the form specified in
Schedule "E".
55.
The development officer shall forward a copy of the repeal referred to in Section 54 to
(a)
the subdivider,
(b)
any agency who provided an assessment or recommendations on the original plan of
subdivision, and
(c)
the surveyor.
56.
Where the development officer refuses to repeal a plan of subdivision, the development officer
shall give notice of the refusal to all agencies which were forwarded the application for repeal
pursuant to Section 50.
57.
Where the development officer refuses to repeal a plan of subdivision, the development officer
shall notify the subdivider, give reasons for refusal, pursuant to the notification and approval
provisions of the Act and advise the subdivider of the appeal provisions of the Act.
- 16 -
Subdivision By-law
Schedule "A": Application for Subdivision Approval
SUBDMSION RELATED INFORMATION
Name of Land Owner(s)
Address of Land Owner(s)
Postal Code
Phone
Subdivision Name(if different from owner) _______________ _
Documents To Be Returned To: ______________________ _
Correspondence To Be Directed To:. _____________________ _
LAND TO BE SUBDIVIDED
Location __________ _
Municipality
Preliminary ( Optional)
Type of Application: A)
B)
Tentative
C)
F°lnal
Development Proposed
Single Family
Processing Fee Enclosed
Processing Fee Enclosed and
Registration Fee Enclosed
Other(Specify) ______ _
Approval Requested For Lot(s) # __________________ _
Is there a remainder lot?
Yes
No
WATER SERVICES
Existing Proposed
Municipal System
Drilled Well
Dug Well
Other
SEWER SERVICES
Existing Proposed
Municipal System
On-Site
Other
ACCESS
Public Road
Private Road
Right-of-Way
Other
I certify that I am the owner or am acting with the owner's written consent
Signature
Date
- 17 -
Existing Proposed
Municipality of the County of Richmond
Schedule "B": Lot Size Requirements
Frontage
Lots not serviced by
6 metres ( 19. 7 feet)
central water and
sewer services
Area
2694 square metres (29,000 square feet)
having dimensions that would permit the
lot to contain a 30 metre (98.4 foot)
diameter circle within its boundaries
A lot of this type, any part of which is within 22 metres (72.2 feet) of a watercourse requires a
minimum area of 3,716 square metres (40,000 square feet) and dimensions that would permit it to
contain a 45 metre (147.6 foot) diameter circle within its boundaries.
Lots serviced only by
6 metres (19.7 feet)
2694 square metres (29, 000 square feet)
a central water
having dimensions that would permit the
system
lot to contain a 30 metre (98.4 foot)
diameter circle within its boundaries
A lot of this type, any part of which is within 22 metres (72.2 feet) of a watercourse requires a
minimum area of 3, 7.16 square metres (40,000 square feet) and dimensions that would permit it to
contain a 45 metre (147.6 foot) diameter circle within its boundaries
Lots serviced only by
22 metres (72.2 feet)
929 square metres (10,000 square feet)
a central sewer
having dimensions that would permit it to
service
contain a 15 metre (49.2) foot diameter
circle
Lots serviced with
15 metres (49.2 feet)
465 square metres (5,005.3 square feet)
both central water
having dimensions that would permit it to
and sewer services
contain a 15 metre (49.2) foot diameter
circle
- 18 -
Subdivision By-law
Schedule "C": Notice of Approval of a Plan of Subdivision in
Accordance with Subsections 285(2) and 285(3) of the Municipal Government A.ct
Name of Owner(s)
Name of Subdivision
Location
Date of Approval
Surveyor
Dated this ___ day of
For Lot(s)
Date of Plan
-----~19~
Development Officer
Plan of Subdivision filed in the registry of deeds as Plan #
Dated this ___ day of
-----~ 19_
This plan of subdivision may also contain information regarding the lots approved on this plan with
respect to one or more of the following:
1. The lots' eligibility for on-site sewage disposal systems.
2. The availability of public sewer and water systems.
3. Information indicating whether or not the lots abut a public street or private road.
- 19-
Municipality of the County of Richmond
Schedule "D": Application for Repeal of a Plan of Subdivision
File No.
APPLICANT RELATED INFORMATION
Name of Land Owner(s)
Address of Land Owner(s)
-----------"hone ______ _
Postal Code
Documents To Be Returned To __________________ _
Correspondence To Be Directed To
INFORMATION RELATED TO THE APPROVED PLAN OF SUBDIVISION SOUGHT TO BE
REPEALED
Name of applicant for subdivision approval
Location
_________
Rural Mun./fown
The Plan of Subdivision was approved on the ___ day of
19 __ , and is filed in the Registry of Deeds at _________ in the Municipality of the
County of ____________ as Plan# _____ _
Lot(s) # ____________ was/were approved.
D Registration fee submitted.
CERTIFlCATION OF FACTS
(Reasons For Repeal)
Of more space required, attach additional sheet)
OWNER'S CERTIFICATE
I certify that the infonnation in this application is true and complete, that I am applying for repeal of this Plan of
Subdivision with the full knowledge and consent of all persons with legal interest, including mortgagees, in the
lands affected by the repeal and that these persons have co-signed this application.
Signature of owner/agent
Date
Co-Signer
Date
Co-Signers
Date
- 20 -
Subdivision By-law
Schedule "E": Repeal of a Plan of Subdivision
Name of Owner(s)
Name of Subdivision
Location
Surveyor
Date of Plan
Date of Approval of the Plan of Subdivision
Being Plan# ___ at the registry of deeds.
THIS PLAN OF SUBDMSION IS REPEALED
Dated at
in the ___________ ~
Province of Nova Scotia, this ___ day of _________ ,19, __ ~
Development Officer
- 21 -
Municipality of the County of Richmond
Schedule "F-1 ": Letter of Undertaking - Owner
Confumation of Commitment by Owner
Whereas the Municipal Government A.ct, hereinafter referred to as the A.ct applies to the subdivision of land:
And Whereas professional engineers are required by their statutes, regulations and by-laws to ensure the general public of
competent standards and ethical conduct in the design of roads;
And Whereas Parts C and D of the Subdivision By-law made pursuant to Lie.A.ct, requires the professional engineer to design
roads in conformance with minimum standards of the Municipality with sufficient drawings and documents to show these
standards have been met;
And Whereas Parts C and D of the Subdivision By-law requires that these roads be inspected at interval appropriate to the stage
of construction to detennine general compliance with the design drawings accepted by the Municipality and ill revisions thereto;
I, the subdivider, submit this Letter of Undertaking:
To:
Dear
Re:
The Development Officer
Rural Cape Breton District Planning Commission
p_o_ Box 2200, 32 Paint Street
Port Hawkesbury, NS BOE 2V0
Date:
__________________________________ _JLAX;ation
of Subdivision
File Number
The undersigned has retained a Professional Engineer to undertake, as required in Sections C and D of
the Subdivision By-law, the Field Review of Road Construction and have attached to this Letter of
Undertaking, the Field Review of Construction Inspection Commitment Certificate completed by said
Professional Engineer.
I therefore appoint ______________ as the Professional Engineer to coordinate the
Field Review of Road Construction.
I will notify the Development Officer if the Professional Engineer coordinating the Field Review of Road
Construction is terminated at anytime during the construction and shall retain another Professional
Engineer immediately so that the Field Review of Road Construction will continue uninterrupted.
Name
Signature
Address
Postal Code
Telephone
Fax
- 22 -
Schedule "F-2": Letter of Undertaking- Engineer
Field Review of Construction
Inspection Commitment Certificate
Whereas the Municipal Government Act, hereinafter refened to as the Act applies to the subdivision of land:
Subdivision By-law
And Whereas professional engineers are required by their statutes, regulations and by-laws to ensure lhe general public of
competent standards and ethical conduct in lhe design of roads;
And Whereas Parts C and D of lhe Subdivision By-law made pursuant to the Act, requires the professional engineer to design
roads in conformance with minimum standards of the Municipality with sufficient drawings and documents to show these
standards have been met;
And Whereas Parts C and D of the Subdivision By-law requires that these roads be inspected at interval appropriate to lhe stage
of constnaction to determine general compliance with the design drawings accepted by lhe Municipality and all revisions thereto:
To:
Dear
Re:
TIie Development Officer
Rural Cape Breton District Planning Commission
P.O. Box 2200, 32 Paint Street
Port Hawkesbury, NS BOE 2VO
Location of Subdivision
Date: _____ _
File Number
This is to advise that I am the Professional Engineer retained by the subdivider as prime consultant to coordinate the
Field Review of Road Construction for the above referenced project. I hereby certify as professional engineer and
prime consultant for this project that I will coordinate and perform the Field Review of Road Construction.
I also certify that: 1) I will coordinate the review of plans and drawings; 2) I will ooordinate the review of any
changes to the design documents; and 3) I will complete the Certification of Field Review of Road Construction and
return it to the Development Officer prior to receiving Final Subdivision Approval.
Please be advised that I may delegate some or all of my duties associated with the coordination of the Field Review
of Road Construction to another person employed by me or my firm where it is consistent with prudent professional
practice to do so. The functions will however be performed under my supervision in accordance with the
Enginuring Profession Act.
TIie undersigned undertakes to notify the Development Officer in writing as soon as practical, but not later than 72
hours. if the contract for the Field Review of Road Construction is terminated at any time during the construction.
Name
Signature
Print Name of Firm or Company
Address
Postal Code
Telephone
Fax
Seal
- 23 -
Municipality of the County of Richmond
Schedule "G": Certification of Field Review of Road Construction
Note: this letter must be signed by a Professional Engineer in a=nlance with Provincial Legislation and must be submitted after
completion of the road but prior 10 F"mal Subdivision Approval is granted.
To:
Dear
Re:
The Development Officer
Rural Cape Breton District Planning Commission
P.O. Box 2200
32 Paint Street
Port Hawkesbwy, NS BOE 2V0
Date:
Location of Subdivision
File Number
I hereby certify that I have fulfilled my obligations for Field Review of Road Construction as
defmed in the Letter of Undertaking and the Inspection Commitment Certificate, and advise that
I have reviewed the works at intervals appropriate, to determine general compliance with the
design and all revisions thereto as accepted by the Development Officer.
Name
Signaaure
Print Name of Finn or Company
Address
Postal Code
Telephone
Fax
Seal
- 24 -