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________________________________________________________________
March, 2002
Subdivision Bylaw
Page 1
TOWN OF STEWIACKE
SUBDIVISION BYLAW
Page
Part 1:
Title and Application
2
Part 2:
Interpretation
2
Part 3:
Definitions
2
Part 4:
Preliminary Plans of Subdivision
3
Part 5:
Tentative Plans of Subdivision
6
Part 6:
Final Plans of Subdivision
10
Part 7:
General Provisions
16
Part 8:
Public Street System
18
Part 9:
Water, Wastewater & Storm Drainage Systems
21
Part 10:
Requirements for Approval & Filing - Final Plans
23
Part 11:
Fees
24
Part 12:
Plan Repeal
24
Part 13:
Effective Date Repeal
25
Appendices
Schedule A
Application for Subdivision Approval
Schedule B
Notice of Approval of Subdivision
Schedule C
Application for Repeal of Sub
Schedule D
Repeal of Subdivision
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March, 2002
Subdivision Bylaw
Page 2
SUBDIVISION BY-LAW FOR THE TOWN OF STEWIACKE
PART 1:
TITLE AND APPLICATION
This Bylaw may be cited as the SUBDIVISION BY-LAW OF THE TOWN OF
STEWIACKE and shall apply to all lands within the Town of Stewiacke.
PART 2:
INTERPRETATION
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.
PART 3:
DEFINITIONS
3.1
AREA OF LAND means any lot or parcel as described by its boundaries.
3.2
COUNCIL means the Council of the Town of Stewiacke.
3.3
DEPARTMENT OF ENVIRONMENT means the Nova Scotia Department of the
Environment and Labour.
3.4
DEPARTMENT OF TRANSPORTATION means the Nova Scotia Department
of Transportation and Public Works.
3.5
DEVELOPMENT OFFICER means that person, appointed by the Council
pursuant to the Municipal Government Act of Nova Scotia, and having the power
and duty to administer this Bylaw.
3.6
ENGINEER means the engineer of the Town, either a Town employee or a
designate, and includes a person acting under the supervision and direction of the
engineer.
3.7
LAND USE BYLAW means a Land Use Bylaw for the Town of Stewiacke.
3.8
LOT means any parcel to be created by the filing of a plan of subdivision.
3.9
LOT FRONTAGE means the same as defined in the Land Use Bylaw.
3.10
MAIN BUILDING means the building in which is carried on the principal
purpose for which the building lot is used.
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Subdivision Bylaw
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3.11
PROFESSIONAL ENGINEER means a registered member, in good standing, of
the Association of Professional Engineers of Nova Scotia.
3.12
PUBLIC WASTEWATER SYSTEM means any wastewater system which is
owned by the Town of Stewiacke.
3.13
PUBLIC WATER SYSTEM means any water system which is owned by the
Town of Stewiacke.
3.14
PUBLIC STREET or PUBLIC HIGHWAY means:
3.14.1
any street or highway owned and maintained by the Department of
Transportation & Public Works excluding designated controlled
access highways pursuant to Section 21 of The Public Highways
Act, or
3.14.2
any street owned and maintained by the Town of Stewiacke.
3.15
SUBDIVIDER means the owner or owners of the area of land proposed to be
subdivided and includes anyone acting with written consent of the owner.
3.16
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.
3.17
SURVEYOR means a registered member, in good standing, of the Association of
Nova Scotia Land Surveyors.
3.18
TOWN means the Town of Stewiacke
PART 4:
PRELIMINARY PLANS OF SUBDIVISION
(Optional First Step)
A.
Procedure
4.1
Application for an evaluation of a preliminary plan of subdivision shall be made
to the development officer in the form specified in Schedule "A" of this bylaw.
4.2
The Development Officer shall comply with the notification and appeal
provisions of the Municipal Government Act.
4.3
The Development Officer shall forward a copy of the preliminary plan of
subdivision to:
(a)
in areas not served by a central sewer, the Department of the
Environment to determine compliance with the On Site Sewage
Disposal System Regulations, except where the proposed lot:
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March, 2002
Subdivision Bylaw
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(i) is more than 9000 square meters (96,878.4 square feet);
(ii) has a width of 76 meters (249.3 feet) or more, and
(iii) is to be used for a purpose which does not require an on-site
sewage disposal system;
(b)
the Superintendent of Public Works, and
(c)
any other agency of the Province or the Town which the Development
Officer deems necessary.
4.4
Any agency which has been forwarded a copy of the preliminary plan of
subdivision pursuant to Section 4.3 shall forward a written report of their
assessments or recommendations to the Development Officer.
4.5
The Development Officer shall inform the subdivider in writing of the results
of the evaluation of the preliminary plan of subdivision.
B.
Requirements
4.6
A subdivider proposing to subdivide an area of land may submit to the
Development Officer four copies of a preliminary plan of subdivision
drawn to scale showing:
4.6.1 the name of the owner of the area of land proposed to be subdivided;
4.6.2 the names of all owners or the lot identifiers of all properties abutting the
land being subdivided;
4.6.3 the civic number of the main buildings on the area of land being
subdivided;
4.6.4 a location plan showing the approximate distance between the area
of land being subdivided and the nearest prominent landmark;
4.6.5 the shape, dimensions and area of the lots being created;
4.6.6 each proposed lot being 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;
4.6.7 no duplication of lot identifiers;
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Subdivision Bylaw
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4.6.8 the approximate location of railways and railway rights-of-way;
4.6.9 the location of existing and proposed public streets;
4.6.10 the name of existing and proposed public streets (and the public
street number if applicable)as issued pursuant to the civic addressing
system;
4.6.11 the graphic representation 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;
4.6.12 the location of existing buildings within ten (10) meters (32.8 ft.)
of a property line;
4.6.13 the general location of watercourses and wetlands;
4.6.14 the north point;
4.6.15 the scale, and;
4.6.16 any other information necessary to determine whether the subdivision
conforms to this subdivision by-law.
4.7
Where the preliminary plan of subdivision is to be forwarded to the Department
of the Environment, the following additional information, if required, by the
Department of the Environment, shall be part of, or included with, the preliminary
plan:
4.7.1 the lot layout, including buildings, proposed on-site sewage disposal
system, proposed driveway and water wells;
4.7.2 the location of watercourses, wetlands, and other features that may
influence the design of the system, including ditches, roads and
driveways;
4.7.3 the surface slopes and directions;
4.7.4 an explanation of the extent, volume and type of usage to which the
system will be subjected;
4.7.5 an assessment report of the lot respecting its suitability to support an
on site sewage disposal system, including the results of a soil
evaluation test, except where the assessment report is to be prepared
by the Department of the Environment; and
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March, 2002
Subdivision Bylaw
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4.7.6 any other information necessary to determine where the subdivision
meets the On-Site Sewage Disposal Systems Regulations.
PART 5:
TENTATIVE PLANS OF SUBDIVISION (Optional)
A
Procedure
5.1
Application for approval of a tentative plan of subdivision shall be made to the
development officer in the form specified in Schedule "A" of this bylaw.
5.2
The Development Officer shall comply with the notification and approval
provisions of the Municipal Government Act.
5.3
The Development Officer shall forward a copy of the tentative plan of
subdivision to:
5.3.1 in areas not served by a central sewer, the Department of the Environment,
to determine compliance with the On Site Sewage Disposal Systems
Regulations, except where the proposed lot:
(i)
is more than 9000 square meters (96,878.4 square feet);
(ii)
has a width of 76 meters (249.3) feet or more, and
(iii)
is to be used for a purpose which does not require on on-site
sewage disposal system.
5.3.2 in areas served by a central sewer, the Public Works Department
5.3.3 the authority having jurisdiction for public streets; and
5.3.4 any other agency of the Province or the Town which the Development
Officer deems necessary.
5.4
Any agency which has been forwarded a copy of the tentative plan of subdivision
pursuant to section 5.3 shall forward a written report of their assessments or
recommendations to the Development Officer.
5.5
Approval of a tentative 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 Public Works, or of any
other agency of the Province of the Town, unless the tentative plan of
subdivision is clearly contrary to a law of the Province or regulation made
pursuant to a law of the Province.
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Subdivision Bylaw
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5.6
Where the Development Officer refuses to approve a tentative plan of
subdivision, the Development Officer shall inform the subdivider of the
reasons for the refusal in writing and advise the subdivider of the appeal
provisions of section 284 of the Municipal Government Act.
5.7
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:
5.7.1
"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";
5.7.2
the date of the approval of the tentative plan; and
5.7.3
"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 has been
filed by him/her in the Registry of Deeds."
B.
Requirements
5.8
A subdivider proposing to subdivide an area of land may submit to the
Development Officer eight (8) copies of the tentative plan of the proposed
subdivision meeting the requirements of Sections 5.9 and 5.10 of this by-law.
5.9
Tentative plans of subdivision submitted to the Development Officer shall be:
5.9.1
drawn to a scale or scales sufficient for clarity of all particulars on
the tentative plan of subdivision,
5.9.2
based on a description of the property to be subdivided, preferably
but not necessarily as surveyed, and
5.9.3
folded to approximately 8 x 12 inches (20 x 30 centimetres) 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.
5.10
Tentative plans of subdivision shall show the following:
5.10.1
the name of the subdivision if any, and the name of the owner of
the area of land;
5.10.2
the unique parcel identifier (PID) of all areas of land being
subdivided;
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March, 2002
Subdivision Bylaw
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5.10.3
the civic number of the main building(s) on the area of land being
subdivided.
5.10.4
the names of all owners or the lot identifiers of all properties
abutting the area of land proposed to be subdivided;
5.10.5
a location map, drawn to a scale not smaller than 1:20,000 (such
scale to be shown on the map), preferably with the same
orientation as the area of land;
5.10.6
the words "TENTATIVE PLAN" located above the title block;
5.10.7
a clear space for stamping measuring at least 6 inches wide x 6
inches high (15 centimetres x 15 centimetres);
5.10.8
the approximate dimensions of the area of land proposed to be
subdivided;
5.10.9
the proposed dimensions and shape of lots;
5.10.10
the area of each lot including the approximate area of the
remainder lot, if any;
5.10.11
each proposed lot individually identified without duplication of lot
identifiers and where practicable, where a parcel is being added to
or subtracted from an existing lot or where a lot shown on a plan of
subdivision is being divided, the proposed lot or lots shall be
identified by the existing lot identifier and a letter;
5.10.12
the approximate location of existing main buildings on the area of
land proposed to be subdivided with the graphical location for all
buildings within 9.8 feet (3 metres) either side of the boundaries of
the proposed lot;
5.10.13
the boundaries of proposed lots shown by solid lines, and the
vanishing boundaries of existing lots being re-subdivided,
consolidated or both, shown as broken lines;
5.10.14
the scale to which the tentative plan of subdivision is drawn;
5.10.15
the width and location of railroads, and existing and proposed
public streets, including intersections and turning circles;
5.10.16
the names of existing and proposed public streets;
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March, 2002
Subdivision Bylaw
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5.10.17
a notation stating whether or not the lots for which approval is
requested are serviced by central sewer and water systems;
5.10.18
the width, location and nature of any easements or rights-of-way
on or affecting the area of land proposed to be subdivided;
5.10.19
the north point;
5.10.20
the date on which the tentative plan of subdivision was drawn and
the date of any revisions;
5.10.21
the location of any watercourse, prominent rock formation, area
subject to flooding and any other prominent natural features which
might affect the layout or provision of public streets and services
to the area where the subdivision is to be located; and
5.10.22
any other information which the Development Officer deems
necessary to determine whether a tentative plan of subdivision
conforms to this subdivision by-law.
5.11
Where the tentative plan of subdivision is to be forwarded to the Department
of Environment, the following additional information, if required by the
Department of the Environment, shall be part of or included with, the tentative
plan;
5.11.1 The lot layout, including buildings, proposed on-site sewage disposal
system, proposed driveway and water wells;
5.11.2 The location of watercourses, wet lands and other features that may
influence the design of the system, including ditches, roads and
driveways;
5.11.3 the surface slopes and directions;
5.11.4 an explanation of the extent, volume and type of usage to which the
system will be subjected;
5.11.5 an assessment report of the lot respecting its suitability to support an
on-site sewage disposal system, including the results of a soil evaluation
test, except where the assessment report is to be prepared by the
Department of the Environment; and
5.11.6 any other information necessary to determine whether the subdivision
meets the On-Site Sewage Disposal Systems Regulations.
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March, 2002
Subdivision Bylaw
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5.12
In addition to meeting the requirements of Subsections 5.9, 5.10, and 5.11 of this
PART, where the proposed lots front on a proposed public street, a tentative plan
of subdivision shall:
5.12.1
show a boundary survey of the area of land proposed to be
subdivided, excluding the remainder lot, certified and stamped by a
Nova Scotia Land Surveyor in the manner required by The Nova
Scotia Land Surveyors Act and the regulations made thereunder,
5.12.2
be accompanied by four copies of a plan showing:
(a)
contours at 2 metres (6.6 feet) intervals and
drainage
(b)
the width and location of existing and proposed
public streets, including intersections and turning
circles, and
(c)
the location of existing and proposed central sewer
and water systems and proposed connections
thereto.
5.12.3
be accompanied by four (4) copies of a plan showing the center
line profiles of the proposed streets, and
5.12.4
be accompanied by any other information that the Development
Officer deems necessary to determine whether the plan and
drawing referred to in Subsections 5.12.2 and 5.12.3 conform to
this bylaw.
5.13
Where plans or drawings or centre-line profiles are prepared by or under the
supervision of a professional engineer, they shall be signed and sealed by the
professional engineer in accordance with The Engineering Profession Act.
PART 6:
FINAL PLANS OF SUBDIVISION
A.
Procedure
6.1
Application for approval of a final plan of subdivision shall be made to the
development officer in the form specified in the form specified in Schedule "A" of
this bylaw.
6.2
The Development Officer shall comply with the notification and approval
provisions of the Municipal Government Act.
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March, 2002
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6.3
The Development Officer shall forward a copy of the final plan of subdivision
to:
6.3.1 in areas not served by a central sewer, the Department of the Environment
to determine compliance with the On Site Sewage Disposal System
Regulations, except where the proposed lot:
(i)
is more than 9000 square meters (96,878.4 square feet);
(ii)
has a width of 76 meters (249.3) feet;
(iii)
is to be used for a purpose which does not require an on-site
sewage disposal system;
6.3.2 in areas served by a central sewer, the Public Works Department;
6.3.3 The authority having jurisdiction for public streets; and
6.3.4 any other agency of the Province of the municipality which the
Development Officer deems necessary.
6.4
Any agency which has been forwarded a copy of the final plan of subdivision
pursuant to Section 6.3 shall forward a written report of their assessments or
recommendations to the Development Officer.
6.5
Approval of a final plan of subdivision may not be refused or withheld unless
the final plan of subdivision is clearly contrary to a law of the Province or a
bylaw of the Town made pursuant to a law of the Province, including any
applicable dimensions for lot area and lot frontage contained in a land use
bylaw of the Town.
6.6
Before approving a final plan of subdivision that adds or consolidates areas
or parcels of land in different ownership, the Development Officer shall have
received:
6.6.1 the executed deeds suitable for registering to effect the addition or
consolidation;
6.6.2 the fees for registering the deeds;
6.6.3 the affidavit of value including particulars of any exemption pursuant to
Part V of the Municipal Government Act; and
6.6.4 where applicable, the deed transfer tax.
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March, 2002
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6.7
The Development Officer shall forward an approved copy of the final plan of
subdivision to the subdivider and the surveyor.
6.8
Where the Development Officer refuses to approve a final plan of
subdivision, the Development Officer shall inform the subdivider of the
reasons for the refusal in writing and advise the subdivider of the appeal
provisions of Section 284 of the Municipal Government Act.
6.9
A final plan of subdivision showing lots to be approved under circumstances
described in subsection 287(3) of the Municipal Government Act by special note
on the plan shall
(a)
identify such lots;
(b)
state the names of the grantor and the grantee of such lots; and
(c)
state the date, book and page number of the conveyance of such lots as
recorded in the registry of deeds.
6.10 The following information shall be stamped or written and completed by the
Development Officer on any final plan of subdivision which is approved:
(a)
"This final plan of subdivision is approved for Lots __________ ";
(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 and
any conditions that apply are contained in a report dated ______
and available from the Department of 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
necessary in future, approval of the replacement system from the De-
Partment of Environment is required;
(c)
where applicable,
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March, 2002
Subdivision Bylaw
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(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; and
(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.
B
Requirements
6.11
Final plans of subdivision submitted to the Development Officer shall be:
6.11.1
drawn to a scale or scales sufficient for clarity of all particulars on
the final plan of subdivision,
6.11.2
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 Nova Scotia Land Surveyors Act and the
regulations made thereunder, except for a final plan of subdivision
prepared pursuant to this bylaw, and
6.11.3
folded to approximately 8 inches by 12 inches (20 x 30
centimetres) 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.
6.12
Final plans of subdivision shall show the following:
6.12.1
the words "Plan of Subdivision" located in the title block;
6.12.2
the name of the subdivision, if any, and the name of the owner of
the area of land;
6.12.3
the unique parcel identifier (PID) of all areas of land being
subdivided;
6.12.4
the civic number of the main building(s) on the area of land being
subdivided;
6.12.5
a location map drawn to a scale not smaller than 1:20,000 (such
scale to be shown on the map), preferably with the same
orientation as the area of land;
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March, 2002
Subdivision Bylaw
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6.12.6
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'
6.12.7
length of the boundaries of all existing and proposed lots, streets,
rights-of-way and easements including the length of arc, points of
curvature and radius in the case of curved lines;
6.12.8
names of all owners or the lot identifiers of all properties abutting
the proposed subdivision;
6.12.9
a clear space for stamping measuring at least 6 inches wide by 6
inches high (15 centimetres by 15 centimetres);
6.12.10
dimensions of the area of land proposed to be subdivided;
6.12.11
approximate location of existing main buildings on the area of land
proposed to be subdivided with the graphical location for all
buildings within 9.8 feet (3 metres) either side of the boundaries of
the proposed lot;
6.12.12
the shape, dimensions and area of proposed lots, and the
remainder lot, if any;
6.12.13
each proposed lot individually identified without duplication of lot
identifiers and, where practicable, where a parcel is being added to
or subtracted from an existing lot or where a lot shown on a plan of
subdivision is being divided, the proposed lot or lots shall be
identified by the existing lot identifier and a letter;
6.12.14
no duplication of lot identifiers;
6.12.15
the bearings or azimuths of the boundaries of proposed lots;
6.12.16
the width and location of railroads and existing and proposed
public streets, including intersections and turning circles;
6.12.17
the boundaries of proposed lots shown by solid lines and the
vanishing boundaries of existing lots being re-subdivided,
consolidated or both, shown as broken lines;
6.12.18
the location of existing buildings within 10 metres (32.8 feet)
of a property boundary;
6.12.19
the geographical and mathematical location of all buildings
within 3 meters (9.8 feet) of a proposed boundary;
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March, 2002
Subdivision Bylaw
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6.12.20
a notation stating whether or not the lots for which approval is
requested are serviced by central sewer and water systems;
6.12.21
the width, location and nature of any easements or rights-of -way
on or affecting the area of land proposed to be subdivided;
6.12.22
the date on which the final plan of subdivision was certified with
all revisions to be identified, dated and initialed;
6.12.23
the north point;
6.12.24
the scale to which the final plan of subdivision is drawn;
6.12.25
the names of existing and proposed public streets; and
6.12.26
any other information which the Development Officer deems
necessary to determine whether a final plan of subdivision
conforms to this subdivision by-law.
6.13
Where the final plan of subdivision is to be forwarded to the Department
of the Environment, the following additional information, if required by the
Department of the Environment, shall be part of, of included with, the
final plan;
6.13.1 The lot layout, including buildings, proposed on-site sewage disposal
system, proposed driveway and water wells;
6.13.2 The location of watercourses, wet lands and other features that may
influence the design of the system, including ditches, roads and
driveways;
6.13.3 the surface slopes and directions;
6.13.4 an explanation of the extent, volume and type of usage to which the
system will be subjected;
6.13.5 an assessment report of the lot respecting its suitability to support an
on-site sewage disposal system, including the results of a soil evaluation
test, except where the assessment report is to be prepared by the
Department of the Environment; and
6.13.6 any other information necessary to determine whether the subdivision
meets the On-Site Sewage Disposal Systems Regulations.
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March, 2002
Subdivision Bylaw
Page 16
PART 7:
GENERAL PROVISIONS
7.1
All lots shall abut a public street.
7.1A Lot Served by Right-of-Way
(1)
Notwithstanding Section 7.1, a lot may be created without public road
frontage from PID# 20309191 provided that:
(a)
the lot is served by a right-of-way to a public street
(b)
the right-of-way has a minimum width of 6 metres
(c)
the lot includes the site occupied by Prestige Homes Ltd as of
April 19, 2011; and
(d)
the lot area and yards meet the requirements of the Land Use By-
law.
(2)
the lot created by subdivision (1) is deemed to be serviced by the Town's
water and wastewater system which can be accessed by the right-of-way at
the cost of the owner.
7.2
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
requirements for minimum lot area and lot frontage contained in the Land Use
By-law.
7.3
Where a lot is not serviced by water and sewer, lot requirements must meet the
On Site Sewage Disposal Regulations.
7.4
Notwithstanding Section 7.2 where an area of land contains more than one
main building built, or placed prior to August 24, 1988, the Development
Officer may approve a final plan of subdivision showing the same number
of lots, or fewer, as there are main buildings, and a remainder lot, if any, for
which no approval is requested, provided that:
7.4.1 each proposed lot has a minimum frontage of 6 metres(19.7 feet); and
7.4.2 each proposed lot is serviced by
(a)
a central sewage system, or,
(b)
an approved on-site sewage disposal system
and the Development Officer is notified in
writing of such approval, and
7.4.3 the remainder lot, if any, meets the lot area and lot frontage
requirements of the Land Use Bylaw.
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March, 2002
Subdivision Bylaw
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7.5
Not withstanding Section 7.2, the Development Officer may approve a
subdivision altering the boundaries of two or more areas of land where:
7.5.1 no additional lots are created, and
7.5.2 each lot:
(a) meets the minimum dimensions for lot frontage in the
land use by-law, or
(b) has not had its frontage reduced; and
7.5.3 each lot:
(a) meets the minimum dimensions for lot area in the
land use by-law, or
(b) has not had its area reduced.
7.6 When the proposed lot is not surveyed, the final plan of subdivision prepared
pursuant to Section 7.5 shall
7.6.1
Be certified and stamped by a Nova Scotia Land Surveyor that the
boundaries of the parcel proposed to be added to the existing area
of land have been surveyed; said boundaries shall be shown as a
heavy solid line, except the common boundary between the
existing lots which shall be shown as a heavy broken line and
certified as being the common boundary,
7.6.2
Notwithstanding subsection 6.11.2 other than the new boundaries
which have been surveyed pursuant to clause 7.6.1 show the
remaining boundaries of the resulting lot for which approval is
requested described graphically as a lighter solid line, and
7.6.3
Have the following notation affixed to the plan adjacent to the
certification required by The Nova Scotia Land Surveyors Act and
regulations made thereunder, 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.
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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."
7.7.1 Notwithstanding Section 7.2, the Development Officer may approve a
maximum of two lots in accordance with Section 279 of the
Municipal Government Act, provided all other requirements of this
subdivision by-law.
7.7.2 Subsection 7.7.1 shall not vary the minimum dimensional requirements for
lot area for lots served or to be served by an on-site sewage disposal
system.
7.8.
Notwithstanding the lot area and frontage requirements of Section 7.2
where a development component of a permanent nature such as a
structure, driveway, well, or septic tank 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.
7.9
Where the lots created pursuant to Section 7.8 are not surveyed, the
provisions of Section 7.6 shall apply.
7.10
All lots to be approved on a tentative or final plan of subdivision, and a
remainder lot if any, shall have a minimum width and minimum depth of
at least 6 metres (19.7 feet).
7.11
Wherever possible, side lot lines shall be substantially at right angles to a
public street or radial to a curved public street.
7.12
Wherever possible, the rear lot lines of a series of adjoining lots shall be
continuous, not stepped or jogged.
7.13
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 Registrar
Deeds for the Town.
PART 8:
PUBLIC STREET SYSTEM
8.1
The engineer shall approve all proposed Town public streets shown on a plan of
subdivision prior to final approval being given by the Development Officer
pursuant to Section 280 of the Municipal Government Act.
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8.2
All proposed Town public streets shown on the final plan of subdivision shall be
constructed, in addition to the following requirements, in accordance with the
Standard Specifications for Municipal Services.
8.3
The distance between public street intersections shall not be less than 61 meters
(200.1 feet) measured from the nearest right of way, or such greater distance as
may be required by the Department of Transportation & Public Works and/or the
Town to meet their specifications.
8.4
There shall not be more than four public street or highway approaches in an
intersection.
8.5
Continuous street frontage shall not exceed 366 meters (1200.7 feet) between
intersections.
8.6
A cul-de-sac shall not exceed 365 metres (1197.5 feet) in length, measured to the
turning circle.
8.7
All proposed public streets shall be properly drained in accordance with
with Standard Specifications for Municipal Services.
8.8
As an alternative to the complete construction of a Town public street before
receiving subdivision approval as required by Section 8.2, the subdivider may
enter into a written agreement with the Town containing the following provisions:
(a)
the time within which any Town Public Street must be constructed;
(b)
the phasing of any street construction;
(c)
the matters referred to in Sections 8.10, 8.11 and 8.12; and
(d)
any other matter related to the requirements for street
construction.
.
8.9
Where a subdivider proposes to complete construction of any Town public
street after receiving approval of any final plan of subdivision, the following
shall be required:
8.9.1 the subdivider shall post a performance bond in the amount of
125% of the estimated cost to complete the street; and
8.9.2 the subdivider shall submit to the Development Officer for approval
an estimate of costs to complete the construction of the street and the
Development Officer may revise the estimate if it is, in the opinion of
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the Town Engineer, inadequate. Such estimates shall include all
construction related costs including but not limited to: professional
engineering, contract management, site supervision and inspection
of all construction and work;
8.9.3 the performance bond shall be posted before approval of any final plan of
subdivision is given; and
8.9.4 the performance bond shall be in the form of cash, certified cheque
or letter of credit or bond issued by a surety or guarantee company
licensed by the Province of Nova Scotia and conditional upon the
execution and completion of the agreement in accordance with the
Terms of Agreement and the requirements of this bylaw, and shall
not be subject to cancellation, termination or expiration during the
period of time for completion of the work.
8.10
Following completion of any Town public street the subdivider shall:
8.10.1 post a maintenance bond in the amount of ten (10) percent of
the actual cost of construction of the street for a period of
twelve (12) months, and;
8.10.2 provide "as built" reproducible engineering design drawings, in digital and
hard copy format, for the street including plan and profile of streets drawn
to the required scale and certified by a professional engineer. "As built"
information shall be located with a survey; and
8.10.3 provide four (4) copies of a plan showing the Town public street and all
drainage rights of way, outlined in red; road reserves outlined in yellow;
and easements outlined in green;
8.10.4 provide legal conveyance of ownership of the right of way for
the Town Public Street, road reserve and easement to the
Town. This conveyance shall be in the form of a warranty
deed and the subdivider shall, through his legal counsel, certify
that all property to be conveyed is free from all encumbrances;
and;
8.10.5 be responsible for all registration and other costs associated
with the requirements of this section.
8.11
The subdivider shall be responsible for the following:
8.11.1 complete geotechnical inspections and testing of the street and associated
infrastructureprior to and during various stages of construction by the
subdivider's consulting engineer, and;
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8.11.2 advise the engineer of proposed test dates, sites and times, and;
8.11.3 allow the engineer to inspect the construction at any stage, or to verify or
confirm any required tests.
8.12
Within thirty (30) days of completion of construction the Subdivider shall
provide to the Superintendent of Public Works, the following:
(a)
the reproducible record drawings of engineering design, indigital and hard
copy format showing all the actual constructed systems including storm
drainage, and;
(b)
the results of all inspection tests reports.
8.13
All road signage, signals and markings will be in accordance with the
Standard Specifications for Municipal Services.
8.14
All road signage will be placed within the right of way. No signage will be
placed within the public right of way without the approval of the Department
of Transportation or the Town Engineer.
8.15
Stop Signs will be placed within all intersections. Intersections with equal
traffic for all approaches may be designated as a four (4) way stop to the approval
of the Department of Transportation and public Works or the Town Engineer.
8.16
All Town public street names will be approved by the Town Council of
the Town of Stewiacke.
8.17
Street name signage will be provided to a standard consistent with existing
signage.
8.18
Other directional, speed rating or cautionary signage will be placed in the
right of way as warranted.
PART 9: WATER, WASTEWATER, and STORM DRAINAGE SYSTEMS
9.1
A subdivider who proposes a subdivision involving a new public street in an area
adjacent to the public water system shall design and install a water system for the
said subdivision, and shall connect the said water system to the existing public
water system.
9.2
The water system referred to in Section 9.1 shall include mains and laterals to the
boundaries of the proposed lots shall be designed by a professional engineer and
shall meet the requirements of the Standard Specifications for Municipal Services.
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9.3
A subdivider who proposes a subdivision involving a new public street in an area
adjacent to the public wastewater system shall design and install a wastewater
system for the said subdivision, and shall connect the said water system to the
existing public wastewater system.
9.4
The wastewater system referred to in Section 9.3 shall include mains and laterals
to the boundaries of the proposed lots, shall include pumping stations, shall be
designed by a professional engineer and shall meet the requirements of the
Standard Specifications for Municipal Services.
9.5
A subdivider who proposes a subdivision involving a new public street shall
design and construct a storm drainage system for the said subdivision meeting the
requirements of the Standard Specifications for Municipal Services.
9.6
The subdivider shall provide a stormwater management plan for the area of land
being subdivided.
9.7.1 A subdivider may receive approval of a final plan of subdivision before
completing construction of the services required by this Part provided
9.7.1 an agreement as per Section 8.8 is entered into; and
9.7.2 the requirements of the agreement pertaining to public streets shall also, if
applicable, apply to the services required by this part.
9.8
Within thirty (30) days of installation of any services, the subdivider
shall provide to the Director of Engineering and Works the following:
(i)
the "as built" and record drawings, in digital and hard copy format,
showing all the actual constructed systems, including sanitary
sewers, water systems, and storm drainage;
(ii)
the results of all test reports; and
(iii)
deeds or assignments to the municipality, free of encumbrances
related to infrastructure, land, services and easements as
required by the municipality; and
(iv)
a maintenance bond in a satisfactory form or certified cheque
posted in favour of the Municipality in an amount equal to ten
(10) percent of the actual cost of construction and installation
of services. The bond shall be for a period of one (1) year
and shall state that it is a guarantee against deficiencies in
the in the construction and installation of services.
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Subdivision Bylaw
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PART 10.
REQUIREMENTS FOR APPROVAL AND FILING OF FINAL
PLANS OF SUBDIVISION
10.1
The Development Officer shall forward a copy of the endorsed final plan
of subdivision to the subdivider.
10.2
The Development Officer shall give notice of approval on the final plan of
subdivision to:
10.2.1
the surveyor, and
10.2.2
any other department or agency of the Province or the
Town which has been requested to review the final plan of
subdivision.
10.3
The following information shall be written or stamped on any final plan of
subdivision which is endorsed:
10.3.1
"This final plan of subdivision is approved for lots
________________;
10.3.2
where applicable
(i)
_______________________is are suitable for the
construction and installation of an on site sewage
disposal system for (proposed use)____________________
________________________________________
and any conditions which apply are contained in a
report dated________________and and are available
from the Department of the Environment; or
(ii)
Important notice
Lot(s) _______ has/have been created for a 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
10.3.3
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.
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(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.
10.4
The Development Officer shall register a notice in the form specified in Schedule
"B", in the Registry of Deeds which indicates approval of the final plan of
subdivision and shall forward to the Registrar of Deeds the fees required to be
paid by the subdivider pursuant to Part 11 of this by-law.
10.5
The Development Officer shall forward a copy to the Registry of Deeds.
10.5.1 One (l) approved copy of the final plan of subdivision and a Notice
of Approval in the form specified in Schedule "B" of this by-law;
10.5.2 If applicable, the items required under section 6.6 of this by-law.
PART 11
FEES
11.1
The subdivider shall pay the fees contained in the Cost and Fees Act and its
regulations for filing the approved final plan of subdivision and for certification of
a copy of the plan by the Registrar of Deeds and for registering a notice of
approval of the plan.
11.2
The fee referred to in Subsection 11.1 shall be paid at the time of application for
approval of the final plan of subdivision by cheque or money order made payable
to the Registry of Deeds.
11.3
Where the final plan of subdivision does not receive approval by the Development
Officer, the subdivider shall be entitled to the return of the cheque or money order
referred to in Subsection 11.2
11.4
At the time of application for approval of a final plan of subdivision the
subdivider shall also pay a non-refundable processing fee of $50.00.
PART 12
PLAN REPEAL
12.1
Where a plan of subdivision has been approved, the approval may be repealed for
any or all of the lots created by the plan of subdivision.
12.2
Any person requesting a repeal shall submit to the Development Officer an
application in the form specified in Schedule "C".
12.3
The notification and approval provisions of the Act which apply to the approval
of a plan of subdivision shall also apply to a repeal.
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12.4
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.
12.5
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 any sewage disposal regulations unless the
violation can be rectified by the approval of a new plan or instrument of
subdivision filed at the registry of deeds on the same day the repeal is filed.
12.6
Parts 1 to 11 of this Bylaw do not apply to the repeal of a plan of subdivision.
12.7
The Development Officer shall forward to the Registry of Deeds the repeal
in the form specified in Schedule "D".
12.8
The Development Officer shall forward a copy of the repeal referred to in Section
12.7 to:
(a)
the subdivider, and
(b)
any agency which provided an assessment or recommendations on
the original plan or instrument of subdivision.
12.9
At the time of application the subdivider for the repeal of a subdivision the
subdivider shall submit to the Development Officer
(a)
The fees contained in the Cost and Fees Act, and its regulations,
for registering a repeal or a plan or instrument of subdivision; and
(b)
a processing fee of $50.00 per application for repeal of a
subdivision.
12.10 Where the Development Officer refuses to repeal a subdivision the Development
Officer shall return the fees referred to in clause 12.9(a) to the subdivider.
12.11 Where the Development Officer refuses to repeal a subdivision, the development
Officer shall give notice of the refusal to the subdivider and to all agencies which
were forwarded the application for repeal.
PART 13
EFFECTIVE DATE, REPEAL
13.1
The Subdivision Bylaw adopted on October 11, 1994 and amendments thereto are
repealed on the effective date of this Bylaw.