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Town of Shelburne
Subdivision Bylaw
2026
First Reading: March 2, 2026
Second Reading: March 18, 2026 (pending)
Provincial Approval: (pending)
Contents
Definitions ......................................................................................................................................3
1.
General Provisions ..................................................................................................................8
2.
Application for Subdivision ......................................................................................................8
3.
Lot and Subdivision Requirements ......................................................................................... 11
4.
Public Streets ....................................................................................................................... 12
5.
New Street Set Aside ............................................................................................................ 12
6.
Subdivision Approval ............................................................................................................ 13
7.
Repealing Plan of Subdivision ................................................................................................ 14
8.
Previous Bylaw Repealed ...................................................................................................... 14
Schedule A - Application ............................................................................................................... 15
Schedule B - Notice of Approval Form............................................................................................ 16
Schedule C - Subdivision Repeal Application Form ......................................................................... 17
Schedule D - Subdivision Consolidation Application Form............................................................... 18
Schedule E - Subdivision Repeal Approval Form ............................................................................. 19
This By-Law may be cited as the "Subdivision By-Law" for the Town of Shelburne and shall apply to all
lands within the Town.
This bylaw uses the metric system of measurement. Numerical measurements in this document
may also be presented in other units; however, this is for convenience only. Conversions to other
units are approximate and rounding has been applied in a manner that provides a margin of error to
ensure compliance with the official metric measurements. If a metric measurement conflicts with
its conversion in another unit, the metric measurement shall take priority.
Definitions
In this By-Law:
ACTIVE TRANSPORTATION means any mode of travel that uses human power to get from one place
to another, such as walking, biking, or using a wheelchair.
ACCESSORY BUILDING means a subordinate building or structure on the same lot as the main
building devoted exclusively to an accessory use, but does not include a building attached in any
way to the main building, or a building located completely underground. Accessory buildings
include ground mounted solar panels.
ADJACENT means a property that is connects in a contiguous fashion, and includes property directly
across a right of way.
APPLICANT means a person or entity who has applied for: MPS or LUB amendment, site plan,
development permit or subdivision approval.
AREA OF LAND means any existing lot or parcel as described by its boundaries.
BUILDING means an enclosed structure.
COUNCIL means the Council of the Town of Shelburne.
DEVELOPMENT includes any erection, construction, alteration, replacement or relocation of or
addition to any structure and any change or alteration in the use made of land, or structures.
DEVELOPMENT OFFICER means the officer(s) of the Town of Shelburne from time to time charged
by the municipality with the duty of administering the provisions of the Land Use Bylaw and issuing
permits in keeping with the Land Use Bylaw.
DRIVE THROUGH means a commercial use that operates an access for members of the public to
receive goods and/or services without leaving their vehicle.
DWELLING or RESIDENTIAL UNIT means a building, occupied or capable of being occupied as a
home, residence or sleeping place by one or more persons, containing one or more dwelling units
and shall not include a hotel, a motel or an apartment hotel.
SINGLE DETACHED DWELLING means a completely detached dwelling containing one
dwelling unit including a Modular Home but does not include a Manufactured Home.
DUPLEX DWELLING means a building that is divided into two dwelling units each of which
has an independent entrance either directly from outside or through a common vestibule.
APARTMENT BUILDING means a building containing three (3) or more dwelling units which
may or may not have a common entrance from the street level and the occupants of which
have common use of certain areas of the building.
ROW HOUSE means a building divided vertically into three (3) or more dwelling units with
each unit having a front and rear exit.
EXISTING means existing as of the effective date of this Bylaw.
GROSS FLOOR AREA means the total of the floor areas of the building above and below grade
measured using the outside dimensions of the building.
HEIGHT means the vertical distance of a building between the average building grade and;
i.
The highest point of the roof surface of the parapet, or a flat roof, whichever is the
greater;
ii.
The deckline of a mansard roof; or
iii.
iii. the mean level between eaves and ridges or a gabled, hip, gambrel or other type
of pitched roof;
but shall not include any construction used as ornament or for the mechanical operation of the
building, water reservoirs, a mechanical penthouse, chimney, flag poll, solar panels/power
collection or steeple.
LOT means any parcel of land described in a deed or as shown in a registered plan of subdivision.
CORNER LOT means a lot situated at the intersection of and abutting on two or more streets. The
shorter lot line shall be deemed the front lot line of the said lot.
INTERIOR LOT means a lot situated between two lots and having access to one street.
THROUGH LOT means a lot bounded on two opposite sides by streets or highway provided,
however, that if any lot qualifies as being both a Corner Lot and Through Lot as hereinbefore
defined, such lot shall be deemed to be a Corner Lot for the purpose of this Bylaw.
LOT AREA means the total horizontal area within the lot lines of a lot.
LOT FRONTAGE means the length of a line joining the side lot lines and parallel to the front lot line and
faces a public street.
LOT LINE means a boundary line of a lot.
FRONT LOT LINE means the line dividing the lot from the street and for purposes of this definition the
term "street" shall include existing private road; in the case of a corner lot the shorter boundary line
abutting the street shall be deemed the front lot line and the longer boundary line abutting the street
shall be deemed the side lot line and where such lot lines are of equal length the front lot line shall be
either of the lot lines. In the case of a through lot, any boundary dividing the lot from a street shall be
deemed to be the front lot line.
REAR LOT LINE means the lot line furthest from or opposite to the front lot line.
SIDE LOT LINE means a lot line other than a front or rear lot line.
FLANKING LOT LINE means a side lot line which abuts the street on a corner lot.
MAIN BUILDING means the building in which is carried on the principal purpose for which the building
lot is used.
MAXIMUM LOT COVERAGE means that percentage of the lot area covered by all building above ground
level, and shall not include that portion of such lot area which is occupied by a building or portion
thereof which is completely below ground level.
MGA or Act means the Municipal Government Act.
NOTIFIED ENTITIES means any organization that is notified of a subdivision application
OWNER means a part owner, joint owner, tenant in common or joint tenant of the whole or any part of
any land or building and includes a trustee, an executor, a guardian, an agent, a · mortgagee in
possession, or other person having the care or control of any land or building in the event of the
absence or disability of the person having the title thereof.
PUBLIC SERVICE means any Board, Provincial or Federal Government, the Town of Shelburne, or a
registered Not For Profit providing a services to the Town's residents.
PUBLIC UTILTIES means any building or structure related to the operations of Watermains, Sewermains,
Stormwater management, street and traffic control infrastructure, including lift stations, water towers,
treatment plans and pumps.
PROVINCE means His Majesty the King in right of the Province of Nova Scotia;
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;
REGIESTERED HERITAGE PROPERTY/STRUCTURE means a property and/or structure that is Municipality
and/or Provincially Registered under the Heritage Property Act.
STREET OR ROAD means the whole and entire right-of-way of every highway, road, or road allowance
vested in the Province of Nova Scotia or the Town of Shelburne.
STREET LINE means the boundary line of the street.
STRUCTURE means anything that is erected, built, or constructed of parts joined together or any such
erection fixed to or supported by the soil or by any other structure. A structure shall include buildings,
walls and signs.
SUBDIVIDER means the owner of the area of land proposed to be subdivided and includes anyone acting
with the owner's written consent;
SUBDIVISON means the division of any area of land into two or more parcels, and includes a
resubdivision or a consolidation of two or more parcels;
SEWERLINE means a sewer pipe or line intended to services a single building, also known as a 'lateral'.
SEWERMAIN means a sewer pipe intended to service multiple buildings.
STORMWATER means water that originates from precipitation, including rain and melted snow, falling
on the ground or roof of a building.
TOWN means the Town of Shelburne, Nova Scotia.
YARD means an open, uncovered space on a lot adjunct to a building (except a court) and unoccupied by
buildings or structures except as specifically permitted elsewhere in this Bylaw. In determining yard
measurements the minimum horizontal distance from the respective lot lines shall be used.
(i) FRONT YARD means a yard extending across the fill width of a lot between the front lot line
and the nearest wall of any building or structure on the lot;
(ii) REAR YARD means a yard extending across the full width of a lot between the rear lot line
and the nearest wall of any main building or structure on the lot;
(iii) SIDE YARD means a yard extending from the front yard to the rear yard of a lot between a
side lot line and the nearest wall of any building or structure on the lot;
(iv) FLANKING YARD means the side yard of a corner lot which side yard extends from the front
yard to the rear yard between the flanking lot line
WATERLINE means a potable water pipe or line intended to support limited development, that cannot
support a hydrant and generally less than 150mm in diameter.
WATERMAIN means a large potable water pipe capable of supporting a fire hydrant and generally
greater than 150mm in diameter.
1. General Provisions
1.1. 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.
1.2. The Development Officer shall forward a copy of the plan of subdivision to the following
Notified Entities:
1.2.1.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;
1.2.2.in areas served by a central sewer, the authority having jurisdiction for central sewers;
1.2.3.the authority having jurisdiction for public streets; and
1.2.4.any other entity that may be impacted by the proposed subdivision including but not
limited to agency of the Province or the Municipality which the Development Officer
deems necessary.
1.3. Any agency which has been forwarded a copy of the plan of subdivision pursuant to this section
shall forward a written report of their assessments or recommendations to the Development
Officer.
1.4. 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.
2. Application for Subdivision
2.1. The Development Officer may waive the requirement that tentative application and plan of
subdivision be submitted where:
2.1.1. lots abut an existing public street except where lots are created without minimum
frontage pursuant the land use bylaw;
2.1.2. a central water or sewer system is not being installed; and
2.1.3. all lots to be served by on-site sewage disposal systems
2.1.3.1.
are 9890 square meters (100,000 square feet) or more in area;
2.1.3.2.
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
2.1.3.3.
do not require an assessment under the On-site Sewage Disposal Systems
Regulations
2.2. At the time of final application, the subdivider shall submit to the Development Officer:
2.2.1.All material required under the Subdivision Regulations, the Land Use Bylaw and this
bylaw;
2.2.2.Final Plans of subdivision submitted to the Development Officer include twelve (12) copies
of:
2.2.2.1.
drawn to a scale or scales sufficient for clarity of all particulars of the final plan
of subdivision;
2.2.2.2.
certified and stamped by a Nova Scotia 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 Land Surveyors Act and its regulations, except for a final plan
of subdivision prepared pursuant the Provincial Subdivision Regulations; and
2.2.2.3.
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 corner of
the final plan of subdivision.
2.3. Final plans of subdivision shall show the following:
2.3.1.the words "PLAN OF SUBDIVISION" located in the title block;
2.3.2. a clear space for stamping being a minimum of 225 square centimetres (36 square
inches) with a minimum width of 8 centimetres (3 inches);
2.3.3. the name of the subdivision, if any, and the name of the owner of the area of land;
2.3.4. 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;
2.3.5. the unique parcel identifier (PID) of all areas of land being subdivided;
2.3.6. the civic number of main buildings on the area of land being subdivided;
2.3.7. the names of all owners or the identifiers of all properties abutting the proposed
subdivision;
2.3.8. 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;
2.3.9. the shape, dimensions, and area of the proposed lots;
2.3.10. each proposed lot identified by a number, except in cases where a parcel is being
added to or subtracted from an existing area of land, in which case the parcel shall be
identified by a letter and the new lot identified by the existing area of land identifier,
where applicable, and the letter;
2.3.11. no duplication of lot identifiers;
2.3.12. the boundaries of proposed lots shown by solid lines, and the vanishing boundaries of
existing areas of land being resubdivided, consolidated or both, shown as broken lines;
2.3.13. the location of existing buildings within 10 metres (32.8 feet) of a property boundary;
2.3.14. the geographical and mathematical location of all buildings within 3 metres (9.8
feet) of a proposed boundary;
2.3.15. the location of existing and proposed public streets, private roads, and Schedule "B"
roads;
2.3.16. the name of existing and proposed public streets (and the public street number)
private roads, and Schedule "B" roads as issued pursuant to the civic addressing system;
2.3.17. the width and location of railroads and railway rights-of-way;
2.3.18. the general location of watercourses, wetlands, or prominent rock formations;
2.3.19. the width, location, and nature of any easements on or affecting the area of land
proposed to be subdivided;
2.3.20. where applicable, a notation stating the lots are serviced by a central sewer and/or
water system;
2.3.21. the north point;
2.3.22. the date on which the plan of subdivision was drawn and the date of any revisions;
2.3.23. the scale to which the plan of subdivision is drawn; and
2.4. FOR TENTATIVE PLANS OF SUBDIVISION:
2.4.1.The subdivider proposing to subdivide an area of land shall submit to the Development
Officer:
2.4.1.1.
Eight (8) copies of the tentative plan of the proposed subdivision meeting the
requirements of of this By-Law. Tentative plans of subdivision submitted to the
Development Officer shall be
2.4.1.2.
drawn to a scale or scales sufficient for clarity of all particulars on the tentative
plan of subdivision;
2.4.1.3.
based on a description of the area of land to be subdivided, preferably but not
necessarily as surveyed; and
2.4.1.4.
folded to approximately 20/30 cm (8x12 in.) with the face of the folded print
being the title block which is located in the lower right-hand corner of the tentative
plan of subdivision.
2.5. (2) Tentative plans of subdivision shall show the following:
2.5.1. the words "PLAN OF SUBDIVISION" located in the title block;
2.5.2. the words "TENTATIVE PLAN" located above the title block;
2.5.3. a clear space for stamping being a minimum of 225 square centimeters (36 square inches)
with a minimum width of 8 centimeters (3 inches);
2.5.4. the name of the subdivision, if any, and the name of the owner of the area of land;
2.5.5. 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;
2.5.6. where Nova Scotia property mapping exists, the unique Parcel Identifier (PID) of all areas
of land being subdivided, or where this property mapping does not exist the assessment
account number may be shown;
2.5.7. where a civic addressing system is in place, the civic number of main building on the area
of land being subdivided;
2.5.8. the names of all owners or the identifiers of all properties abutting the proposed
subdivision;
2.5.9. 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;
2.5.10. the shape, dimensions, and area of the lots being created;
2.5.11. each lot being approved identified by a number, except in cases where a parcel is being
added to or subtracted by a letter and the new lot identified by the existing area of land
identifier, where applicable, and the letter;
2.5.12. no duplication of lot identifiers;
2.5.13. the boundaries of lots being created shown by solid lines, and the vanishing boundaries
of existing areas of land being resubdivided, consolidated or both, shown as broken lines;
2.5.14. the location of existing building within 10 meters (32.8 feet) of a property boundary;
2.5.15. the location of existing and proposed public streets;
2.5.16. the name of existing and proposed public streets (and the public street number);
2.5.17. the width and location of railroads;
2.5.18. the location of any watercourse, prominent rock formation, march, or swamp which
might affect the layout or provision of public streets or private roads and services to the
area where the subdivision is to be located;
2.5.19. the width, location, and nature of any easements on or affecting the area of land
proposed to be subdivided;
2.5.20. where applicable, a notation stating the lots are serviced by a public sewer and/or
water system;
2.5.21. the north point;
2.5.22. the date on which the plan of subdivision was drawn and the date of an revisions;
2.5.23. the scale to which the plan of subdivision is drawn; and
2.5.24. any other information necessary to determine whether or not the plan of subdivision
conforms to this By-Law or the Land Use Bylaw.
2.6. The Development Officer will notify the Subdivider if the application package is insufficient,
including an outline of the missing components, within 14 days of filing.
3. Lot and Subdivision Requirements
3.1. All lots shall abut a public street or if on an island 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 meters (19.7 feet) or more.
3.2. All lots shall meet the requirements for minimum lot area of minimum lot frontage contained in
the Town's Land Use By-Law, unless a variance has been issued or those minimums do not
apply under the Land Use Bylaw.
3.3. Notwithstanding anything else in this bylaw the Development Officer may approve a
subdivision altering the boundaries of two or more areas of land where:
3.3.1.no additional lots are created
3.3.2. each resulting lot meets the requirements of the land use bylaw
3.4. Where an area of land contained 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 is
served by a central sewer and has minimum frontage of 6 meters (19.7 feet).
3.5. 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 of any other agency of the Province or the Municipality
unless the repeal of the plan of subdivision is clearly contrary to a law of the Province or
regulation made pursuant to the law of the Province.
3.6. A subdivision may not be approved if:
3.6.1.Proposed new lots share a sewer or water connection, unless the shared service are in a
registered easement enabling access for maintenance in a manner acceptable to the Town
Engineer; and/or
3.6.2.Proposed lots have a width or depth of less than 6 meters (19.7 feet).
4. Public Streets
4.1. All current and proposed public streets shall be
4.1.1.Shown on a final plan of subdivision;
4.1.2.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 Town; and
4.2. The specifications referred to above may be waived or varied in accordance in writing by the
Town Engineer
4.3. 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.
5. New Street Set Aside
5.1. For subdivisions fronting onto Ohio Road, Wrights Road, Annapolis Road or Morven Road:
5.1.1.Applicants for subdivision of 3 or more lots must provide space and/or land for a new
street to allow for future access to the rear of the lot.
5.1.2.Where there is an existing street or right of way in the name of the Town within 250m
(800 ft) that extends beyond the proposed subdivision and could, in the opinion of the
Development Officer, allow access, no set aside for future streets is required.
5.2. The minimum right-of-way of a proposed public street hall be 15 meters (49.2 feet)
5.3. Where a new street is proposed, including the opening for use of a previously unused street
right of way, the application must also include a plan showing:
5.3.1.centerline profiles of proposed public streets.
5.3.2.contours at 2 meter (5 foot) intervals, and drainage patterns,
5.3.3. the width and location of proposed public streets and their intersection with existing
public streets, and
5.3.4.the location of existing and proposed central sewer and water systems and proposed
connections thereto.
6. Subdivision Approval
6.1. TENTATIVE PLAN OF SUBDVISION
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.
6.1.1."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.";
6.1.2. the date of the approval of the tentative plan; and
6.1.3."this tentative plan of subdivision shall not the 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."
6.2. FINAL PLAN OF SUBDIVISON
The following information shall be stamped or written and completed by the Development
Officer on any final plan of subdivision which is endorsed:
6.2.1."This final plan of subdivision is approved for Lots "and;
6.2.2.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(1)(c) of said
regulations;
6.3. The Development Officer shall forward to the registry of deeds one (1) endorsed copy of the
final plan of subdivision and a notice of approval in the form specified in Schedule "B" of this
By-Law.
6.4. The Development Officer shall forward a copy of the approved tentative plan of subdivision to
the subdivider and the surveyor.
6.5. The Development Officer shall forward an endorsed copy of the final plan of subdivision to the
subdivider and the surveyor.
6.6. Where the Development Officer refuses to approve a tentative plan or a final plan the
Development Officer shall give notice of the refusal to all Notified Entities.
6.7. Where the Development Officer refuses to approve a tentative plan or final plan the
Development Officer shall notify the subdivider pursuant to the Act, give reasons for refusal,
and advise the subdivider of the appeal provisions the Act.
7. Repealing Plan of Subdivision
7.1. Any person requesting the repeal of a plan of subdivision shall submit to the Development
Officer an application in the form specified in Schedule "C".
7.2. The Development Officer shall comply with the notification and approval provisions of the Act
which apply to the repeal of a plan of subdivision.
7.3. 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.
7.4. 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.
7.5. The Development Officer shall forward to the Registry of Deeds the repeal in the form specified
in Schedule "E" for a plan.
7.6. The Development Officer shall forward a copy of the repeal of Subdivision to:
7.6.1.the subdivider, and
7.6.2.any agency who provided an assessment or recommendations on the original plan of
subdivision.
7.7. 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.
7.8. Where the Development Officer refuses to repeal a plan of subdivision, the Development
Officer shall notify the subdivider, give reasons for refusal, and advise the subdivider of the
appeal under the Act.
8. Previous Bylaw Repealed
8.1. The Subdivision Bylaw for the Town of Shelburne, approved June 1, 2011, is hereby repealed.
Schedule A - Application
Schedule B - Notice of Approval Form
Schedule C - Subdivision Repeal Application Form
Schedule D - Subdivision Consolidation Application Form
Schedule E - Subdivision Repeal Approval Form