WH Subdivision By-law (Council-approved May 13, 2008; as amended November 26, 2019)
West Hants, Nova Scotia
· adopted 2008-05-13
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MUNICIPALITY OF THE DISTRICT
OF WEST HANTS
SUBDIVISION BY-LAW
Approved by Council:
May 13, 2008
Effective Date:
June 26, 2008
As Amended:
November 26, 2019
1
Municipality of the District of West Hants
SUBDIVISION BY-LAW
Approved by the Minister of Service Nova Scotia & Municipal Relations
Effective June 26, 2008
As Amended November 26, 2019
This CONSOLIDATED EDITION is prepared for convenience only. For complete reference,
please consult the original documents. This CONSOLIDATED EDITION has the following
history.
1)
Amendments to Subdivision By-law, to include Future Streets Conceptual Plan, and
supporting text; Part 5, Section 32, and Part 11, Section 54 - effective April 4, 2014.
2)
Amend the text of the West Hants Subdivision By-law by deleting the existing section
11 and replacing it with a new Section 11 - effective November 26, 2019.
TABLE OF CONTENTS
PART 1:TITLE ................................................................................................................................ 1
PART 2:INTERPRETATION ........................................................................................................... 1
PART 3:DEFINITIONS ................................................................................................................... 1
PART 4:GENERAL PROVISIONS ................................................................................................. 3
A - Procedure ...................................................................................................................... 3
Application form ............................................................................................................. 3
Comply with Act ............................................................................................................. 3
Review by agencies ....................................................................................................... 3
Vacant lots not intended for development ...................................................................... 4
Report by agencies ........................................................................................................ 4
Plan not to be refused based on agencies' report .......................................................... 4
Fees .............................................................................................................................. 4
Copy of approved plan to subdivider and surveyor ........................................................ 5
Subdivision that adds or consolidates ............................................................................ 5
Notice of refusal to agencies .......................................................................................... 5
Notice of refusal to subdivider ........................................................................................ 5
Section 287(3) approval ................................................................................................. 5
B - Lot Requirements........................................................................................................... 5
Lots shall abut streets .................................................................................................... 5
K-class road for access ................................................................................................. 5
Land Use By-law ........................................................................................................... 6
Section 279 variance ..................................................................................................... 6
Lots created on an island ............................................................................................... 6
Subdivision altering boundaries ..................................................................................... 6
Lots on a right-of-way .................................................................................................... 7
Encroachments .............................................................................................................. 8
Main buildings on lot before Aug. 6, 1984 ...................................................................... 8
Minimum lot width and depth ......................................................................................... 8
Rear lot lines ................................................................................................................. 8
Side lot lines to be at right angles .................................................................................. 8
Agricultural Priority Two (AR-2) zone ............................................................................. 8
Flag lots ......................................................................................................................... 8
PART 5:PUBLIC STREETS AND PRIVATE ROADS ..................................................................... 8
A - General .......................................................................................................................... 8
Maximum four approaches ............................................................................................ 8
Streets in adjoining subdivisions .................................................................................... 8
B - Private Roads ................................................................................................................ 9
Shown on plan ............................................................................................................... 9
Design ........................................................................................................................... 9
Construction requirements ............................................................................................. 9
Intersection to be approved ......................................................................................... 10
Width of right-of-way .................................................................................................... 10
Professional engineer's certificate of compliance ......................................................... 10
Accepted engineering practice ..................................................................................... 10
May be approved as separate lot ................................................................................. 10
Private road boundary not lot boundary ....................................................................... 10
C - Public Streets .............................................................................................................. 10
Shown on a plan .......................................................................................................... 10
Design ......................................................................................................................... 10
Construction ................................................................................................................ 10
Approval by engineer ................................................................................................... 10
Accepted engineering practice ..................................................................................... 11
Width of right-of-way .................................................................................................... 11
Approval of intersection by DOT .................................................................................. 11
Lot access to be approved ........................................................................................... 11
Existing street .............................................................................................................. 11
Right-of-way to adjacent property ................................................................................ 11
Engineer's certificate of compliance ............................................................................. 11
Testing ........................................................................................................................ 11
Alternative to complete construction ............................................................................ 11
PART 6:WATER AND SEWER SYSTEMS .................................................................................. 11
Central sanitary sewer and water systems ................................................................... 11
Storm drainage ............................................................................................................ 12
Accepted engineering practice ..................................................................................... 12
Engineer's certificate of compliance ............................................................................. 12
Testing of services ....................................................................................................... 12
Alternative to complete construction ............................................................................ 12
PART 7:SERVICING AGREEMENT ............................................................................................. 12
Contents of agreement ................................................................................................ 12
PART 8:PERFORMANCE SURETY ............................................................................................. 13
PART 9:ACCEPTANCE REQUIREMENTS .................................................................................. 14
Prior to acceptance ...................................................................................................... 14
Maintenance bond ....................................................................................................... 14
Record drawings for services ....................................................................................... 14
As built drawings for street........................................................................................... 14
Manuals and test results .............................................................................................. 14
Plan of streets, drainage ROW, road reserves, easements .......................................... 14
Conveyance ................................................................................................................ 14
Registration costs ........................................................................................................ 14
Completed forms ......................................................................................................... 14
PART 10:PRELIMINARY PLANS OF SUBDIVISION (Optional) ................................................. 14
A - Requirements .............................................................................................................. 14
Ten copies of plan ....................................................................................................... 14
DOE requirements ....................................................................................................... 15
Lots with an existing on-site system ............................................................................. 16
Lots not requiring an on-site system ............................................................................ 16
B - Procedure .................................................................................................................... 16
Processing ................................................................................................................... 16
Report to applicant ...................................................................................................... 16
PART 11:CONCEPT PLANS........................................................................................................ 16
A - Requirements .............................................................................................................. 16
Ten copies of plan ....................................................................................................... 16
Contents ...................................................................................................................... 16
Traffic study ................................................................................................................. 17
Approval lapses within 2 years .................................................................................... 17
Approval for concept prior to tentative or final .............................................................. 17
Tentative or final to be consistent with concept ............................................................ 17
B - Procedure .................................................................................................................... 17
Processing ................................................................................................................... 17
Stamps ........................................................................................................................ 17
PART 12:TENTATIVE PLANS OF SUBDIVISION ....................................................................... 17
A - Requirements .............................................................................................................. 17
Ten copies of plan ....................................................................................................... 17
Contents ...................................................................................................................... 18
DOE requirements ....................................................................................................... 19
Requirements where lots front on proposed street ....................................................... 19
B - Procedure .................................................................................................................... 20
Processing ................................................................................................................... 20
Stamps ........................................................................................................................ 20
PART 13:FINAL PLANS OF SUBDIVISION ................................................................................. 20
A - Requirements .............................................................................................................. 20
Fourteen copies of plan ............................................................................................... 20
Bonds .......................................................................................................................... 20
Contents ...................................................................................................................... 20
Stopping sight distances .............................................................................................. 21
B - Procedure .................................................................................................................... 21
Processing ................................................................................................................... 21
Stamps ........................................................................................................................ 21
Registry of Deeds ........................................................................................................ 22
PART 14:PARKLAND DEDICATION ........................................................................................... 22
Transfer of land ........................................................................................................... 22
Transfer of cash in lieu ................................................................................................ 22
Transfer of equivalent value ......................................................................................... 22
Transfer of land outside area being subdivided............................................................ 22
Transfer of land with water frontage ............................................................................. 22
Useable land ............................................................................................................... 22
Useable land criteria may be waived ........................................................................... 23
Land to be accessible .................................................................................................. 23
Bond ............................................................................................................................ 23
Agreement ................................................................................................................... 23
Certification of title ....................................................................................................... 23
Subdivider responsible for costs .................................................................................. 24
Section 70 shall not apply ............................................................................................ 24
PART 15:INFRASTRUCTURE CHARGES ................................................................................... 24
Approval of lots in a charge area ................................................................................. 24
Payment of charges ..................................................................................................... 24
Infrastructure charges agreement ................................................................................ 24
Additional costs to the Municipality .............................................................................. 24
Use of charges ............................................................................................................ 24
Lien of property ............................................................................................................ 24
PART 16:REPEAL OF A PLAN OF SUBDIVISION ...................................................................... 24
Repeal of any or all lots approved ................................................................................ 24
Application ................................................................................................................... 24
Notification & approval ................................................................................................. 24
Application to review agencies ..................................................................................... 25
Buildings on subject lands ........................................................................................... 25
Sections do not apply .................................................................................................. 25
Repeal to Registry of Deeds ........................................................................................ 25
Copy to subdivider, review agencies ............................................................................ 25
Fees ............................................................................................................................ 25
Notice of refusal to review agencies ............................................................................ 25
PART 17:REPEAL OF BY-LAW .................................................................................................. 25
Previous by-law repealed ............................................................................................ 25
Schedule "A" Application for Subdivision Approval
Schedule "B" Notice of Approval
Schedule "C" Application for Repeal of a Subdivision
Schedule "D" Repeal of a Subdivision
Schedule "E" Stopping Sight Distances
Map "A" Future Streets Conceptual Plan
Subdivision By-Law
Municipality of the District of West Hants
Page 1
PART 1:
TITLE
1.
This By-law may be cited as the West Hants Subdivision By-law and shall apply to the
subdivision of all land within the Municipality of the District of West Hants hereinafter referred
to as the "Municipality".
PART 2:
INTERPRETATION
2.
In this By-law, 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. Words
used in the masculine gender shall include the feminine gender. All other words shall carry
their customary meaning except those defined hereinafter.
PART 3:
DEFINITIONS
3.
(a)
Act means the Municipal Government Act, Chapter 18 of the Acts of 1998, and
amendments thereto.
(b)
Agreement means a contract between the subdivider and the Municipality which
describes the responsibilities of each party with respect to the subdivision and servicing
of land.
(c)
Area of land means any existing lot or parcel as described by its boundaries, except in
Sections 21 and 23.
(d)
Capital costs means the cost of the oversized (e.g., trunk or transmission lines,
collector roads) infrastructure systems needed to service the charge area. Capital costs
may include necessary infrastructure external to the charge area. Cost estimates may
be used. Costs may include design, construction, materials and cost escalators,
interest during construction, financial costs, legal, surveying, administration and land
costs.
(e)
Central sanitary sewer system (central sewer) means an assembly of pipes, conduits
and appurtenances (including manholes and lift stations) owned by the Municipality, or
the Town of Windsor, which carries sanitary sewer to a treatment plant.
(f)
Central water distribution system (central water) means an assembly of pipes,
conduits and appurtenances which is designed to carry and distributes potable water
for consumption and fire protection owned by the Municipality or the Town of Windsor.
(g)
Charge area means an area in which infrastructure charges are to be levied which has
been designated by this by-law.
(h)
Council means the Municipal Council of the Municipality of the District of West Hants.
(i)
Department of Environment means the Nova Scotia Department of the Environment
and Labour.
(j)
Department of Transportation means the Nova Scotia Department of Transportation
and Public Works.
(k)
Development officer means that person appointed by Council pursuant to the
Municipal Government Act and having the power and duty to administer this By-law.
(l)
Drainage plan means a detailed plan of storm water runoff and the courses and
channels of it, including floodplains, for one or more parts of an area of drainage for all
lands tributary to, or carrying drainage from, land that is proposed to be subdivided.
(m)
Engineer means the engineer of the Municipality and includes a person acting under
the supervision and direction of the engineer.
(n)
Equivalent value means cash or facilities, services or other value in kind related to
parks, playgrounds, and similar public purposes or any combination thereof,
Subdivision By-Law
Municipality of the District of West Hants
Page 2
determined by the Municipality to be equal to the value of the land required to be
transferred to the Municipality for parkland purposes.
(o)
Flag lot means a lot with a configuration that resembles a fully outstretched flag at the
top of a flag pole and where the "pole" portion of the lot contains the required lot
frontage; a lot with a "foot" at the end of the pole that meets the frontage requirement
shall also be considered a flag lot (see Figure 1).
Figure 1 - Flag Lot
(p)
Frontage means the lot frontage and shall be measured the same as required in the
Land Use By-law.
(q)
Infrastructure charge means a charge levied on a subdivider as a condition of
subdivision approval within a charge area for the purpose of recovering capital costs
associated with new or expanded infrastructure related to central water, wastewater
and storm water systems, streets and intersections, traffic signs, signals and bus bays
required to service the charge area, along with any costs associated with land
acquisition, surveying, studies and legal services.
(r)
Land Use By-law means the West Hants Land Use By-law.
(s)
Lot means any parcel to be created by the filing of a plan of subdivision.
(t)
Manual means the Municipal Services Specifications Manual for the Municipality.
(u)
Municipality means the Municipality of the District of West Hants.
(v)
Municipal Planning Strategy means the West Hants Municipal Planning Strategy.
(w)
Private road means any road which:
(i)
is not public;
(ii)
is shown on an approved plan of subdivision;
(iii)
extends to and has access to a public street; and
(iv)
where not totally located within the area of land being subdivided, has an
easement for right-of-way and access that is assignable and perpetual and has
been clearly granted by deed, registered in the registry of deeds.
(x)
Professional engineer means a registered member, in good standing, of the
Association of Professional Engineers of Nova Scotia who holds appropriate
professional liability insurance.
(y)
Proposed lot means any lot being proposed to be created by a plan, including a
remainder lot.
(z)
Province means Her Majesty the Queen in right of the Province of Nova Scotia.
Subdivision By-Law
Municipality of the District of West Hants
Page 3
(aa)
Public street includes any street or road owned and maintained by the Municipality or
the province; and
(i)
municipal public street means any street or road owned and maintained by
the Municipality; and
(ii)
provincial public street means any street or road owned and maintained by
the Department of Transportation excluding designated controlled access
highways pursuant to Section 21 of the Public Highways Act.
(bb)
Remainder lot means a lot for which subdivision approval is not requested or granted
but which results from the approval of lots shown on a plan of subdivision.
(cc)
Registry of Deeds means the office of the Registrar of Deeds for the County of Hants.
(dd)
Right-of-way easement means an easement for right-of-way and access unrestricted
in use extending to and having access to a public street, and where not totally located
within the area of land proposed to be subdivided, the right-of-way easement shall be
assignable and perpetual and clearly granted by deed or easement registered in the
Registry of Deeds for this Municipality, or declared to exist for the benefit of the land
proposed to be subdivided by order of a court of competent jurisdiction, and in either
case the easement shall:
(i)
if created or declared to have been created prior to August 6, 1984, have a
minimum width of 3 metres (9.84 feet), or
(ii)
if created or declared to have been created on or after August 6, 1984, have a
minimum width of 6 metres (19.68 feet).
(ee)
Sanitary sewer means a pipe or conduit receiving and carrying liquid and water-carried
wastes and to which storm, surface or groundwaters are not intentionally admitted;
(ff)
Storm water system means the courses and channels, including floodplains, which
receive, carry and regulate flows in response to rain and snow including overland flows,
sub-surface flows, groundwater flows and snow melt.
(gg)
Subdivider means the owner of the area of land proposed to be subdivided and
includes anyone acting with the owner's written consent.
(hh)
Subdivision 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.
(ii)
Surveyor means a registered member, in good standing, of the Association of Nova
Scotia Land Surveyors.
PART 4:
GENERAL PROVISIONS
A - Procedure
Application
form
4.
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.
Comply with
Act
5.
The Development Officer shall comply with the notification and approval
provisions of the Act.
Review by
agencies
6.
The Development Officer shall forward a copy of the preliminary, tentative
or final 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 Systems Regulations, except where the proposed lot
(i)
is greater than 9,000 square metres (96,878.4 square
feet), has a width of 76 metres (249.3 feet) or more, and
the applicant has certified on the application that the
proposed lot is not intended for a purpose requiring an on-
Subdivision By-Law
Municipality of the District of West Hants
Page 4
site sewage disposal system; or
(ii)
contains an on-site sewage disposal system and is being
increased in size, provided all other proposed lots shown
on the plan meet the requirements listed in sub subsection
(i).
(b)
in areas served by a central sewer, the authority having
jurisdiction for central sewers;
(c)
any authority having jurisdiction for public streets within 500
metres (1640.42 feet) of the limits of the proposed lots; and
(d)
any other agency of the Province or the Municipality which the
Development Officer deems necessary.
7.
The Development Officer shall forward a copy of the concept plan and
any supplementary information to appropriate agencies in order to
evaluate the concept plan in terms of:
(a)
the design's consideration of topography, natural features, and
other site constraints and restrictions;
(b)
the street layout, pedestrian routes, phasing sequence, and
connections with existing and proposed transportation links on a
local and regional scale;
(c)
the feasibility of servicing with applicable services, and the effect
of the development on existing municipal services and the
provision of future municipal services where applicable;
(d)
the new or expanded infrastructure which may be required by the
subdivision;
(e)
public open space; and
(f)
any proposed community and commercial uses.
Vacant lots not
intended for
development
8.
A plan of subdivision that shows a proposed lot referred to in subsection
49(d) shall be forwarded to the Department of Environment for
confirmation that the Department is in agreement that the proposed lot
does not require an on-site sewage disposal system.
Report by
agencies
9.
Any agency which has been forwarded a copy of a plan of subdivision
pursuant to Sections 6, 7 or 8 shall forward a written report of their
assessments or recommendations to the Development Officer.
Plan not to be
refused based
on agencies'
report
10.
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 or of any other
agency of the Province or the Municipality unless the final 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
contained in a land use by-law of the Municipality.
Fees
11.
The subdivider shall pay:
(a)
the fees contained in the Costs and Fees Act and its regulations
for filing the approved final plan of subdivision, certifying a copy of
the plan, and registering a notice of approval of the plan. Where
the Development Officer refuses to approve a final plan of
subdivision these fees shall be returned to the subdivider; and
(b)
any processing fees prescribed by Council from by policy.
(Amendment 19-05 Effective November 26, 2019)
Subdivision By-Law
Municipality of the District of West Hants
Page 5
Copy of
approved
plan to
subdivider
and
surveyor
12.
(a)
The Development Officer shall forward a copy of the approved
tentative or final plan of subdivision to the subdivider and the
surveyor.
(b)
The Development Officer shall forward a copy of the approved
concept plan to the subdivider.
Subdivision
that adds or
consolidates
13.
Before approving a final plan of subdivision that adds or consolidates
parcels or areas of land in different ownerships, the Development Officer
shall be provided with:
(a)
the executed deeds suitable for registering to effect the addition or
consolidation;
(b)
the fees for registering the deeds;
(c)
the affidavit of value including particulars of any exemption, if any,
pursuant to Part V of the Act;
(d)
where applicable, the deed transfer tax; and
(e)
all completed forms required under the Land Registration Act to
record documents at the Registry of Deeds.
Notice of
refusal to
agencies
14.
Where the Development Officer refuses to approve a concept, tentative or
final plan of subdivision, the Development Officer shall give notice of the
refusal to all agencies which were forwarded a plan pursuant to Sections
6, 7 or 8.
Notice of
refusal to
subdivider
15.
Where the Development Officer refuses to approve a concept, tentative or
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 Act.
Section 287(3)
approval
16.
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 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.
B - Lot Requirements
Lots shall abut
streets
17.
All lots to be approved on a plan of subdivision shall abut:
(a)
a public street; or
(b)
a private road which was approved by the Engineer prior to the
effective date of this By-law; or
(c)
in the General Resource zone of the Land Use By-law, a private
road which meets the requirements of Sections 33 and 34 of this
By-law; and
(d)
notwithstanding subsections (a), (b), and (c), in any agricultural
zone of the Land Use By-law, an existing public street, pursuant to
Policy 8.3.1 of the Municipal Planning Strategy.
K-class road
for access
18.
For the purposes of access only, a portion of a 'K' Class road, with the
permission of the Department of Transportation and Public Works and
subject to that department's up-grading policies, may be used, in
conjunction with a private road, to gain access to a public road.
Subdivision By-Law
Municipality of the District of West Hants
Page 6
Land Use By-
law
19.
Where a Land Use By-law is in effect:
(a)
all lots for which approval is requested and the remainder lot, if
any, for which no approval is requested, shall meet the applicable
requirements contained in such Land Use By-law;
(b)
Subsections 17(b) and (c) and Sections 20, 21, 23, 24 and 25 do
not apply unless the Land Use By-law permits development on
any lot created pursuant to these sections and the Municipal
Planning Strategy provides for both the subdivision and
development of such lots.
Section 279
variance
20.
(a)
Notwithstanding the lot area and frontage requirements of
subsection 19(a), 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.
(b)
Subsection (a) does not apply if the area requirements established
by the Department of the Environment for the construction or
installation of an on-site sewage disposal system are not met.
Lots created on
an island
21.
(a)
For the purposes of this section, "water frontage" means the
distance measured as a straight line between the two points
where the side lot lines meet a watercourse, and "area of land"
means any lot or parcel as described by its boundaries as they
existed on August 6, 1984.
(b)
Notwithstanding Section 17 and the lot frontage requirements of
subsection 19(a), the Development Officer may approve the
subdivision from an area of land where:
(i)
the area of land is located on an island;
(ii)
each lot to be approved has 6 metres (19.68 feet) or more
water frontage on a navigable waterway;
(iii)
the subdivider provides a parking area measuring not less
than 3 x 6 metres (9.84 x 19.68 feet) for the exclusive use
of each lot so subdivided and attached by deed to said lot;
(iv)
the parking area is within 300 metres (984.25 feet) of the
navigable waterway, lake, or ocean on which the lots
shown on the plan of subdivision abut;
(v)
the subdivider provides an easement for right-of-way and
access, clearly granted by deed or easement and
registered in the Registry of Deeds, having a minimum
width of 15 metres (49.21 feet) extending from a public
street or private road to the parking area and to the
shoreline of the navigable watercourse where suitable boat
launching facilities exist; and
(vi)
the parking area and the boat launching facilities are
clearly identified on the final plan of subdivision.
Subdivision
altering
boundaries
22.
(a)
Notwithstanding Section 17 and the lot area and frontage
requirements of subsection 19(a), the Development Officer may
approve a subdivision altering the boundaries of two or more
areas of land where:
(i)
no additional lots are created; and
(ii)
each resulting lot
Subdivision By-Law
Municipality of the District of West Hants
Page 7
(1)
meets the minimum dimensions for lot frontage of
the Land Use By-law; or
(2)
has not had its frontage, if any, reduced; and
(iii)
each resulting lot
(1)
meets the minimum requirement for lot area of the
Land Use By-law; or
(2)
has not had its area reduced.
(b)
Where the proposed lot is not surveyed, the final plan of
subdivision prepared pursuant to subsection (a) shall:
(i)
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; and
(ii)
notwithstanding subsection 66(a)(ii), other than the new
boundaries which have been surveyed pursuant to
subsection (b)(i), show the remaining boundaries of the
resulting lot for which approval is requested described
graphically as a lighter solid line; and
(iii)
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.
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."
Lots on a right-
of-way
23.
(a)
For purposes of this Section, "area of land" means any lot or
parcel as described by its boundaries as they existed on August 6,
1984 notwithstanding that the area of land has been subdivided
subsequent to August 6, 1984 resulting in the creation of
additional lots meeting the requirements of Section 17 and the lot
frontage requirements of subsection 19(a).
(b)
One lot that does not meet the requirements of Section 17 and the
lot frontage requirements of subsection 19(a) may be created
within an area of land, provided the lot is served by a right-of-way
easement as defined in subsection 3(dd), and provided no such
lot has already been subdivided within the area of land.
(c)
Notwithstanding the limitation to one lot contained in subsection
(b), two lots may be created, including any remainder lot, where
(i)
the area of land does not abut a public street or private
Subdivision By-Law
Municipality of the District of West Hants
Page 8
road, provided that each lot is served by a right-of-way
easement as defined in subsection 3(dd); or
(ii)
the area of land has less than the frontage required by the
Land Use By-law.
Encroachments 24.
(a)
Notwithstanding the lot area and frontage requirements of
subsection 19(a), 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.
(b)
Where a lot created pursuant to subsection (a) is not surveyed,
the provisions of subsection 22(b) shall apply.
Main buildings
on lot before
Aug. 6, 1984
25.
(a)
For purposes of subsection (b), "main building" is a building which
is not an accessory building to another building on the area of
land.
(b)
Notwithstanding the lot area and frontage requirements of
subsection 17(a), 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 is served by a central
sanitary sewer or meets the applicable requirements of the
Department of Environment.
Minimum lot
width and
depth
26.
Lots shall not be subdivided to create a width or depth of less than 6
metres (19.68 feet).
Rear lot lines
27.
Wherever possible, the rear lot lines of a series of adjoining lots shall be
continuous, not stepped or jogged.
Side lot lines to
be at right
angles
28.
Wherever possible, side lot lines shall be substantially at right angles to a
public street or private road, or radial to a curved public street or private
road.
Agricultural
Priority Two
(AR-2) zone
29.
(a)
Subdivision occurring within the boundaries of the Agricultural
Priority Two (AR-2) Zone of the Land Use By-law shall be limited
to the approval of two (2) lots per area of land during a calendar
year.
(b)
Notwithstanding subsection (a), this section shall not prevent the
consolidation of two or more parcels within the boundaries of the
AR-2 Zone.
Flag lots
30.
Not more than three irregular shaped flag lots which rely on a shallow
"foot" abutting the street to meet the lot frontage requirement shall be
created within an area of land.
PART 5:
PUBLIC STREETS AND PRIVATE ROADS
A - General
Maximum four
approaches
31.
There shall be not more than four public street or private road
approaches, or any combination thereof, in an intersection.
Streets in
adjoining
subdivisions
32. (a) Where a public street or private road in an adjoining subdivision abuts
the boundaries of a plan of subdivision submitted for approval, a public
street or private road in the latter shall, if reasonably feasible, be laid
Subdivision By-Law
Municipality of the District of West Hants
Page 9
out in prolongation of such public streets or private roads, unless it
would be in violation of this By-law.
(b) Where an area of land being subdivided abuts a vacant parcel,
undeveloped remainder parcel or a parcel with a high likelihood of
future infill development, redevelopment or intensification, the street
layout of the proposed subdivision must provide for adequate future
street and pedestrian connections to adjacent undeveloped or
underdeveloped lands. (Amendment WHSUB 13-01 Effective April 4,
2014)
(c) Where an area of land being subdivided includes or abuts land that
contains a future street connection as identified on the Future Streets
Conceptual Plan, the general layout of new streets in the proposed
subdivision shall generally conform to the Future Streets Conceptual
Plan. The location of such new streets is not required to be an exact
match of the Future Streets Conceptual Plan, but must allow for, in the
opinion of the Development Officer, the future continuation and
completion of future street connections. (Amendment WHSUB 13-01
Effective April 4, 2014)
B - Private Roads
Shown on plan
Design
Construction
requirements
33.
(a)
All proposed private roads shall be:
(i)
shown on a final plan of subdivision;
(ii)
designed in accordance with the design requirements for
proposed municipal public streets as contained in the
Manual and the requirements of this section, and the
design approved by the Engineer; and
(iii)
constructed in accordance with the following requirements:
(1)
roots, stumps, moss, sod, and all other organic
material shall not be placed in roadway fills or
allowed to remain under roadway fills;
(2)
notwithstanding subsection (1), an undisturbed
natural ground surface may be allowed to remain
under a roadway fill only where such surface is
covered by at least 1.5 metres (4.92 feet) of fill
which does not contain any organic material;
(3)
the minimum road surface top width shall be 7.3
metres (23.95 feet) and shall be contained entirely
within the right-of-way;
(4)
the minimum travel surface width shall be 5.5
metres (18.04 feet);
(5)
the travel surface shall have a base course of
crushed, screened, or pit run gravel to a minimum
thickness of 150 millimetres (5.90 inches);
(6)
the maximum road grade shall be six percent (6%),
however, in difficult circumstances grades up to
eight percent (8%) may be approved;
(7)
ditches shall have a maximum road slope and a
maximum backslope of 50 percent (50%);
Subdivision By-Law
Municipality of the District of West Hants
Page 10
Intersection to
be approved
Width of right-
of-way
(8)
culverts shall be constructed of steel or concrete
pipe, shall have a minimum diameter of 45
centimetres (17.72 inches), shall be buried a
minimum of 50 centimetres (19.68 inches) below
the road surface, and shall be placed substantially
at 90 degrees to the roadway centerline;
(9)
all bridges shall be certified as having been
constructed to Canadian Standards Association
specifications "CAN/CSA-S6-00 Canadian Highway
Bridge Design Code"; and
(10)
provision shall be made for surface drainage of the
right-of-way through the use of culverts, ditches,
and natural watercourses of appropriate capacity,
and the subdivider shall be responsible for the
effects of any downstream flow onto other
properties.
(b)
The intersection of a private road with a public street shall be
approved by the authority having jurisdiction for the public street.
(c)
The minimum width of the right-of-way of a proposed private road
shown on a plan of subdivision shall be:
(i)
20 metres (65.62 feet); or
(ii)
15 metres (49.21 feet) where the entire roadway (slopes,
ditches, and roadbed) can be built within the 15 metres
(49.21 feet), and is approved by the Engineer.
Professional
engineer's
certificate of
compliance
Accepted
engineering
practice
34.
(a)
Prior to approval of the final plan of subdivision by the
Development Officer, the subdivider shall provide a certificate
from a professional engineer which shows compliance with the
design and construction requirements of Section 33.
(b)
The specifications referred to in subsection 33(a) may be waived
or varied by the Engineer in accordance with accepted
engineering practice.
May be
approved as
separate lot
35.
A private road may be approved as a separate lot on a plan of subdivision
and is deemed to meet minimum lot area and lot frontage requirements of
subsection 19(a).
Private road
boundary not
lot boundary
36.
(a)
Where the boundary of a private road shown on a plan of
subdivision is not intended to be a lot boundary, it shall be shown
as a lighter solid line or a dashed line.
(b)
No part of a private road shall be included in the calculation of lot
area for the purposes of meeting the lot area requirements of
subsection 19(a).
C - Public Streets
Shown on a
plan
Design
Construction
Approval by
37.
(a)
All proposed municipal public streets shall be:
(i)
shown on a final plan of subdivision;
(ii)
designed in accordance with the Manual and the
requirements of this section;
(iii)
constructed and paved in accordance with the Manual
prior to approval of the final plan of subdivision by the
Development Officer; and
Subdivision By-Law
Municipality of the District of West Hants
Page 11
engineer
Accepted
engineering
practice
Width of right-
of-way
Approval of
intersection by
DOT
Lot access to
be approved
Existing street
Right-of-way to
adjacent
property
(iv)
approved by the Engineer prior to approval of the final plan
of subdivision by the Development Officer.
(b)
The specifications referred to in subsections (a)(ii) and (iii) may be
waived or varied by the Engineer in accordance with accepted
engineering practice.
(c)
The minimum width of the right-of-way of a proposed municipal
public street shown on a plan of subdivision shall be:
(i)
20 metres (65.62 feet); or
(ii)
15 metres (49.21 feet) where the entire roadway (slopes,
ditches, and roadbed) can be built within the 15 metres
(49.21 feet), and is approved by the Engineer.
(d)
Where a proposed municipal public street intersects a provincial
public street, that intersection shall be approved by the
Department of Transportation.
(e)
A proposed lot which abuts a public street shall have adequate
stopping sight distance approved by the authority having
jurisdiction for the public street which will be accessed.
(f)
Where a plan of subdivision shows a proposed lot abutting an
existing public street, the Department of Transportation or the
Municipality, as the case may be, shall verify that the street is a
public street.
(g)
A right-of-way access to adjacent property must be provided and
conveyed to the Municipality. Where practical, these accesses
shall be no greater than 400 metres (1,312.34 feet) apart, except
where this requirement would prejudice the proper subdivision of
the land proposed to be subdivided or the adjacent land.
Engineer's
certificate of
compliance
38.
Prior to approval of the final plan of subdivision by the Development
Officer, the subdivider shall provide a certificate from a professional
engineer which certifies that the public street has been constructed in
compliance with the design and construction requirements of Section 37.
Testing
39.
The subdivider shall be responsible for the following:
(a)
arranging for complete testing of the installation of a street at
various stages as required by the Manual; and
(b)
giving reasonable notice to the Engineer of the proposed test
date, site, and time; and
(c)
allowing the Engineer to inspect the installation at any stage or to
verify or confirm any required test.
Alternative to
complete
construction
40.
As an alternative to the complete construction and acceptance of a
municipal public street as required by Sections 37, 38, 39 and 48, the
subdivider may, before approval of the final plan is given, enter into a
written agreement with the Municipality in accordance with Part 7, and
post a performance surety in accordance with Part 8.
PART 6:
WATER AND SEWER SYSTEMS
Central
sanitary sewer
and water
systems
41.
(a)
Where a proposed subdivision is in the Falmouth or Three Mile
Plains Growth Centres or the Joint Industrial designation, as
defined in the West Hants Municipal Planning Strategy and Land
Use By-law, and where a new public street is proposed, the
subdivider shall, prior to approval of the final plan of subdivision by
Subdivision By-Law
Municipality of the District of West Hants
Page 12
Storm drainage
Accepted
engineering
practice
the Development Officer:
(i)
construct a sanitary sewer system including collectors and
laterals to the boundary of the proposed lots and connect
to the existing central sanitary sewer system;
(ii)
construct a water system including mains and laterals to
the boundary of the proposed lots and connect to the
central water system; and
(iii)
all sanitary sewer systems and water systems required by
subsections (a)(i) and (ii) shall be designed by a
professional engineer and shall comply with the
specifications contained in the Manual.
(b)
The subdivider shall install a storm water system in conformance
with a drainage plan, properly designed by a professional
engineer, to remove any surface drainage that may enter the area
being subdivided or be generated within the proposed subdivision,
and to adequately dispose of the waters so as not to negatively
affect any downstream properties. All drainage plans and storm
drainage systems shall comply with the specifications contained in
the Manual.
(c)
The specifications referred to in subsections (a)(iii) and (b) herein
may be waived or varied by the Engineer in accordance with
accepted engineering practice.
PID 45031952
exemption
42.
Notwithstanding subsection 41(a)(i), the subdivision of the lands of
Glooscap Developments Limited (PID 45031952) shall be permitted
without the construction of a sanitary sewer system.
Engineer's
certificate of
compliance
43.
Prior to approval of the final plan of subdivision by the Development
Officer, the subdivider shall provide a certificate to the Development
Officer from a professional engineer which certifies that the developer has
complied with the design and construction requirements of Sections
41(a)(iii), (b) and (c).
Testing of
services
44.
The subdivider shall be responsible for the following:
(a)
arranging for complete testing of the installation of the water,
sewer, and storm drainage systems at various stages as required
by the Manual; and
(b)
giving reasonable notice to the Engineer of the proposed test
date, site, and time; and
(c)
allowing the Engineer to inspect the installation at any stage or to
verify or confirm any required test.
Alternative to
complete
construction
45.
As an alternative to the complete construction and acceptance
requirements for water, sewer and storm drainage systems, as contained
in Sections 41, 43, 44 and 48, the subdivider may, before endorsement of
approval of the final plan is given, enter into a written agreement with the
Municipality as provided for in Part 7, and post a performance surety as
provided for in Part 8.
PART 7:
SERVICING AGREEMENT
Contents of
agreement
46.
Where an agreement is entered into between the subdivider and the
Municipality pursuant to Sections 40 and 45, the agreement shall contain
provisions satisfactory to the Municipality with respect to any or all of the
Subdivision By-Law
Municipality of the District of West Hants
Page 13
following:
(a)
the time within which any construction of streets and services shall
be commenced and completed;
(b)
the phasing of any construction of streets and services;
(c)
the acceptance of any streets and services by the Municipality;
(d)
the provision and acceptance of easements and rights-of-way;
and
(e)
any other matter related to the requirements of this By-law and the
Municipal Planning Strategy and Land Use By-law relative to the
subdivision and servicing of land.
PART 8:
PERFORMANCE SURETY
47.
Where a subdivider proposes to complete construction of any streets,
sewer, or water services after receiving approval of any final plan of
subdivision, the following shall be required:
(a)
the subdivider shall post a performance surety, satisfactory to the
Municipality, in the amount of one hundred fifty percent (150%) of
the estimated cost to complete the streets and services;
(b)
the subdivider shall submit to the Development Officer for
approval an estimate of costs to complete the construction of the
streets and services and the Development Officer may revise the
estimate if it is, in the opinion of the Engineer, inadequate, and the
decision of the Engineer shall be final. Such estimates shall
include all construction related costs including but not limited to
professional engineering contract management and site
supervision and inspection of all construction and work;
(c)
the performance surety shall be posted before approval of any
final plan of subdivision is given by the Development Officer;
(d)
the performance surety shall be in favour of the Municipality and
may be in the form of cash, certified cheque or letter of credit, or
bond issued by a bank, surety, or guarantee company licensed by
the Province of Nova Scotia and conditional on the execution and
completion of the agreement in accordance with terms of the
agreement and the requirements of this By-law and shall not be
subject to cancellation, termination, or expiration during the period
of time for completion of the work;
(e)
where the performance surety is paid in cash or by certified
cheque, the cheque will be cashed and all monies paid in cash will
be held by the Municipality and returned without interest to the
subdivider upon completion of the work;
(f)
where the Engineer determines that the work is substantially
complete, the Municipality may, in its sole discretion, return a
portion of the performance surety, less any amount held back for
deficiencies, prior to complete construction by the subdivider and
acceptance by the Municipality; and
(g)
where construction of the proposed streets and services does not
commence within twelve (12) months of the date of approval of
the final plan of subdivision and according to the approved time
schedule, the subdivider shall forfeit the performance surety.
Subdivision By-Law
Municipality of the District of West Hants
Page 14
PART 9:
ACCEPTANCE REQUIREMENTS
Prior to
acceptance
Maintenance
bond
Record
drawings for
services
As built
drawings for
street
Manuals and
test results
Plan of streets,
drainage ROW,
road reserves,
easements
Conveyance
Registration
costs
Completed
forms
48.
Within thirty (30) days following completion of any public streets and
services and prior to acceptance by the Municipality of any streets and
services, the subdivider shall:
(a)
post a maintenance bond in accordance with the specifications of
the Manual;
(b)
provide the reproducible record drawings of engineering design
showing all the actual constructed systems including sanitary
sewers, water systems, and storm drainage;
(c)
provide "as built" reproducible engineering design drawings for the
street including plan and profile of streets drawn to the required
scale and certified by a professional engineer;
(d)
provide the results of all test reports, and all operating and
procedural manuals for each central water or central sewer
system, demonstrating that the required streets and systems have
been constructed and are operating according to the standards
set out in this By-law and the Manual;
(e)
provide four (4) copies of the final plan of subdivision showing the
municipal public streets and all drainage rights-of-way outlined in
red, road reserves outlined in yellow, and easements outlined in
green;
(f)
provide deeds, easements, or bills of sale to the Municipality, free
of encumbrances, for streets, rights-of-way, easements, and
services. All conveyances of real property and easements shall be
by warranty deed or warranty easement, conveyances of services
shall be by warranty bill of sale, and the subdivider shall provide to
the Municipality from his or her legal counsel a solicitor's
certificate of title certifying that all property conveyed is free from
all encumbrances. In the event that the conveyance is not free
from encumbrances, an unqualified undertaking from the
subdivider's solicitor to release the encumbrances may be
accepted by the Municipality;
(g)
pay all document registration and other costs associated with the
requirements of this section; and
(e)
all completed forms required under the Land Registration Act to
record documents at the Registry of Deeds.
PART 10:
PRELIMINARY PLANS OF SUBDIVISION (OPTIONAL)
A - Requirements
Ten copies of
plan
49.
(a)
A person proposing to subdivide an area of land may submit to the
Development Officer an application in the form specified in
Schedule "A", together with ten (10) copies of the preliminary plan
of subdivision drawn to scale showing:
(i)
the name of the owner of the area of land being
subdivided;
(ii)
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 for this Municipality;
Subdivision By-Law
Municipality of the District of West Hants
Page 15
DOE
requirements
(iii)
the names of all owners of all properties abutting the area
of land being subdivided;
(iv)
the unique parcel identifier (PID) of all areas of land being
subdivided;
(v)
the civic number of main buildings on the area of land
being subdivided;
(vi)
a location plan showing the approximate distance between
the area of land being subdivided and the nearest
prominent landmark;
(vii)
the shape, dimensions, and area of the proposed lots;
(viii)
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;
(ix)
no duplication of lot identifiers;
(x)
the approximate location of railways and railway rights-of-
way;
(xi)
the location of existing and proposed public streets and
private roads;
(xii)
the name of existing and proposed public streets (and the
public street number) and private roads, as issued
pursuant to the civic addressing system;
(xiii)
the graphic representation 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;
(xiv)
the location of existing buildings within 10 metres (32.81
feet) of a property line;
(xv)
the general location of watercourses and wetlands;
(xvi)
the north point;
(xvii)
the scale; and
(xviii) any other information which the Development Officer
deems necessary to determine whether the preliminary
plan conforms to this By-law.
(b)
Where the preliminary plan of subdivision is to be forwarded to the
Department of Environment, the following additional information, if
required by the Department of Environment, shall be part of, or
included with, the preliminary plan:
(i)
the lot layout including any existing and proposed building,
on-site sewage disposal system, driveway, and water well;
(ii)
the location of any watercourse, wetland, marine water
body, and other features that may influence the design of
the on-site sewage disposal system, including any ditch,
road, driveway, or easement;
(iii)
the surface slopes and directions;
(iv)
the location of any test pit;
Subdivision By-Law
Municipality of the District of West Hants
Page 16
Lots with an
existing on-site
system
Lots not
requiring an
on-site system
(v)
the proposed on-site sewage disposal system, selected or
designed;
(vi)
an explanation of the extent, volume, and type of usage to
which the on-site sewage disposal system will be
subjected;
(vii)
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;
(viii)
any other information necessary to determine whether the
subdivision meets the On-site Sewage Disposal Systems
Regulations.
(c)
For a proposed lot that is being divided from an existing area of
land, contains an existing on-site sewage disposal system, and is
more than 9,000 square metres (96,878.36 square feet) in area
with a width of 76 metres (249.34 feet) or more, the lot layout
including buildings, driveway, on-site sewage disposal system and
well shall be provided.
(d)
For a proposed lot 9,000 square metres (96.878.36 square feet) or
less in area or with a width of less than 76 metres (249.34 feet)
that is being created for a purpose that will not require the
construction of an on-site sewage disposal system, the
certification section of the application form must be completed.
B - Procedure
Processing
50.
The procedure for processing preliminary plans of subdivision is
contained in PART 4: General Provisions.
Report to
applicant
51.
Upon receipt of all written reports from the review agencies which were
forwarded a plan pursuant to Sections 6 or 8, the Development Officer
shall inform the applicant in writing of the results of the evaluation of the
preliminary plan of subdivision.
PART 11:
CONCEPT PLANS
A - Requirements
Ten copies of
plan
52.
Where an area of land is being subdivided in phases or will contain new
public streets or private roads, a subdivider shall submit to the
Development Officer ten (10) copies of a concept plan of the entire area
of land.
Contents
53.
Concept plans shall be at a scale sufficient for clarity of all particulars of
the plan and shall show the following:
(a)
the words "Concept Plan" located in the title block, along with an
estimated lot yield figure, based on the requirements of the Land
Use By-law and the Department of the Environment, as
applicable;
(b)
name of the property owner(s) and names of all abutting land
owners;
(c)
the unique parcel identifier (PID) for all areas of land being
subdivided;
(d)
the proposed internal street system with connections to existing
streets;
Subdivision By-Law
Municipality of the District of West Hants
Page 17
(e)
the location of all watercourses and wetlands within and adjacent
to the area of land, any prominent rock formation, wooded area,
area subject to flooding and any other prominent natural feature
which might affect the provision or layout of central sanitary sewer
systems, storm water systems, central water distribution systems,
or public streets and private roads;
(f)
the proposed location of public open space;
(g)
the location of existing development, if any;
(h)
the location of any municipal service boundary;
(i)
the proposed subdivision phasing sequence;
(j)
the north point;
(k)
contours at 5 metre (16.40 foot) intervals; and
(l)
any other information the Development Officer deems necessary
to determine if the subdivision meets with municipal standards and
accepted engineering practice as determined by the Engineer.
Traffic study
54.
The concept plan shall be accompanied by a traffic impact study,
prepared by a qualified traffic or transportation engineer registered with
the Association of Professional Engineers of Nova Scotia in accordance
with the Nova Scotia Department of Transportation and Public Works'
Guide for the Preparation of Traffic Impact Studies. (Amendment WHSUB
13-01 Effective April 4, 2014)
Approval
lapses within 2
years
55.
Approval of a concept plan lapses if a complete application for tentative or
final subdivision plan approval is not received within two (2) years of the
date of approval of the concept plan.
Approval for
concept prior to
tentative or
final
Tentative or
final to be
consistent with
concept
56.
Where a concept plan is required under this By-law:
(a)
no tentative or final plan of subdivision shall be considered for
approval unless the Development Officer has granted approval of
the concept plan; and
(b)
no tentative or final plan of subdivision shall be approved that is
inconsistent with the approved concept plan.
B - Procedure
Processing
57.
The procedure for processing preliminary plans of subdivision is
contained in PART 4: General Provisions.
Stamps
58.
The following information shall be stamped or written and completed by
the Development Officer on any concept plan which is approved:
(a)
"This concept plan is approved. Such approval lapses if a tentative
or final subdivision plan is not submitted for approval within two
years of the date of approval of the concept plan."
(b)
the date of the approval of the concept plan; and
(c)
"This concept plan shall not be filed in the Registry of Deeds as no
subdivision takes effect until a final plan of subdivision is approved
by the Development Officer and filed in the Registry of Deeds."
PART 12:
TENTATIVE PLANS OF SUBDIVISION
A - Requirements
Ten copies of
plan
59.
Where an area of land is being subdivided in phases or will contain new
Subdivision By-Law
Municipality of the District of West Hants
Page 18
public streets or private roads, a person shall submit to the Development
Officer ten (10) copies of a tentative plan of the proposed subdivision.
60.
A person proposing to subdivide an area of land which does not involve
phasing or new public streets or private roads may submit to the
Development Officer ten (10) copies of the tentative plan of the proposed
subdivision meeting the requirements of Section 61 of this By-law.
Contents
61.
(a)
Tentative plans of subdivision submitted to the Development
Officer shall be:
(i)
drawn to a scale or scales sufficient for clarity of all
particulars on the tentative plan of subdivision;
(ii)
based on a deed description of the area of land to be
subdivided, preferably but not necessarily as surveyed;
and
(iii)
folded to approximately 20 x 30 centimetres (8 x 12 inches)
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.
(b)
Tentative plans of subdivision shall show the following:
(i)
the words "PLAN OF SUBDIVISION" located in the title
block;
(ii)
the words "TENTATIVE PLAN" located above the title
block;
(iii)
a clear space for stamping being a minimum of 225 square
centimetres (36 square inches) with a minimum width of 8
centimetres (3 inches);
(iv)
the name of the subdivision, if any, and the name of the
owner of the area of land;
(v)
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 for this Municipality;
(vi)
the unique parcel identifier (PID) of all areas of land being
subdivided;
(vii)
the civic number of main buildings on the area of land
being subdivided;
(viii)
the names of all owners or the identifiers of all properties
abutting the proposed subdivision;
(ix)
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;
(x)
the shape, dimensions, and area of the proposed lots;
(xi)
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;
Subdivision By-Law
Municipality of the District of West Hants
Page 19
DOE
requirements
(xii)
no duplication of lot identifiers;
(xiii)
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;
(xiv)
the location of existing buildings within 10 metres (32.81
feet) of a property boundary;
(xv)
the location of existing and proposed public streets and
private roads;
(xvi)
the name of existing and proposed public streets (and the
public street number) and private roads, as issued
pursuant to the civic addressing system;
(xvii)
the width and location of railroads and railway rights-of-
way;
(xviii) the general location of watercourses, wetlands, or
prominent rock formations;
(xix)
the width, location, and nature of any easements on or
affecting the area of land proposed to be subdivided;
(xx)
where applicable, a notation stating the lots are serviced
by a central sewer and/or water system;
(xxi)
the north point;
(xxii)
the scale to which the plan of subdivision is drawn;
(xxiii) the date on which the plan of subdivision was drawn and
the date of any revisions; and
(xxiv) any other information which the Development Officer
deems necessary to determine whether or not the plan of
subdivision conforms to this By-law.
(c)
Where the tentative plan of subdivision is to be forwarded to the
Department of Environment, the plan shall meet the requirements
of subsections 49(b), (c) and (d) and the proposed on-site sewage
disposal system, selected or designed shall be identified.
Requirements
where lots front
on proposed
street
62.
In addition to meeting the requirements of Section 61, where the
proposed lots front on a proposed public street or proposed private road,
a tentative plan of subdivision shall:
(a)
show a boundary survey of the area of land proposed to be
subdivided, excluding the remainder lot, certified and stamped by
a Nova Scotia Land Surveyor in the manner required by the Land
Surveyors Act and its regulations;
(b)
be accompanied by four (4) copies of a plan showing
(i)
contours at 2 metre (6.56 foot) intervals, and drainage
patterns;
(ii)
the width and location of proposed public streets and
private roads, and their intersection with existing public
streets; and
(iii)
the location of existing and proposed central sewer and
water systems and proposed connections thereto; and
(c)
be accompanied by four (4) copies of centerline profiles of
proposed public streets or private roads;
Subdivision By-Law
Municipality of the District of West Hants
Page 20
(d)
be accompanied by four (4) copies of a storm drainage plan
applying acceptable engineering practices for the proper removal
of surface drainage from the proposed subdivision and in
compliance with subsection 41(b);
(e)
be accompanied by any other information which the Development
Officer deems necessary to determine whether the plans referred
to in subsections 62(b), (c), and (d) conform to this By-law.
(f)
Where plans or drawings or centerline 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.
B - Procedure
Processing
63.
The procedure for processing tentative plans of subdivision is contained
in PART 4: General Provisions.
Stamps
64.
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, including conditions,
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 approved by the Development Officer and filed in
the Registry of Deeds."
PART 13:
FINAL PLANS OF SUBDIVISION
A - Requirements
Fourteen
copies of plan
Bonds
65.
(a)
A subdivider proposing to subdivide an area of land shall submit
an application in the form specified in Schedule "A" of this By-law
together with fourteen (14) copies of the final plan of subdivision
meeting the requirements of Section 66 of this By-law to the
Development Officer for approval.
(b)
A final plan of subdivision submitted for approval shall be
accompanied by any security or bonds required to be posted
under this By-law.
Contents
66.
(a)
Final plans of subdivision submitted to the Development Officer
shall be:
(i)
drawn to a scale or scales sufficient for clarity of all
particulars of the final plan of subdivision;
(ii)
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 to
subsection 22(b) of this By-law; and
Subdivision By-Law
Municipality of the District of West Hants
Page 21
(iii)
folded to approximately 20 x 30 centimetres (8 x 12 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.
(b)
Final plans of subdivision shall meet the requirements of
subsections 61(b) and (c) and Section 62, except that:
(i)
subsection 61(b)(ii) does not apply;
(ii)
proposed streets and roads shall be surveyed; and
(iii)
the geographical and mathematical location of all buildings
within 3 metres (9.8 ft) of a proposed boundary shall be
shown.
Stopping sight
distances
67.
For a proposed lot that will have access to a provincial public highway,
the final plan of subdivision may be accompanied by or show stopping
sight distances information in the form specified in Schedule "E"
completed by a Nova Scotia Land Surveyor or the authority having
jurisdiction.
B - Procedure
Processing
68.
The procedure for processing final plans of subdivision is contained in
PART 4: General Provisions.
Stamps
69.
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
(lot(s) approved and/or remainder)
construction or installation of an on-site sewage disposal
system for ____________________ and any conditions
(proposed use)
which apply are contained in a report dated ____________
and available from the Department of the Environment.", or
(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 existing
(lot(s) approved and/or remainder)
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
Subdivision By-Law
Municipality of the District of West Hants
Page 22
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)
where there are private roads which are not to be owned
and maintained by the Department of Transportation or the
Municipality, the words "The following private roads are not
owned or maintained by the Department of Transportation
or the Municipality and are not entitled to any provincial or
municipal services including grading, ditching, snow
plowing, gravelling, school busing, and garbage collection:
__________________________________________
__________________________________________".
Registry of
Deeds
70.
Within seven days of approving the plan, the Development Officer shall
forward to the Registry of Deeds:
(a)
five (5) approved copies of the final plan of subdivision and a
notice of approval in the form specified in Schedule "B" of this By-
law; and
(b)
if applicable, the items required by Section 13 of this By-law.
PART 14:
PARKLAND DEDICATION
Transfer of
land
Transfer of
cash in lieu
Transfer of
equivalent
value
Transfer of
land outside
area being
subdivided
71.
Prior to approval by the Development Officer of the final plan of
subdivision, the subdivider shall either:
(a)
transfer to the Municipality, free of encumbrances, for parks,
playgrounds, and similar public purposes, an area of useable land
within the area being subdivided equal to five percent (5%) of the
area of the lots to be approved, as shown on the final plan of
subdivision, exclusive of streets, easements, and the residue of
the land of the subdivider; or
(b)
provide to the Municipality a sum of money equivalent to five
percent (5%) of the market value, as determined by an assessor,
of the lots to be approved, as shown on the final plan of
subdivision, exclusive of streets, easements, and the residue of
the land of the subdivider; or
(c)
where the Council agrees, provide to the Municipality equivalent
value, in any combination as determined by the Municipality; or
(d)
where the Council agrees, transfer to the Municipality, free of
encumbrances, an area of useable land of equal value outside the
area being subdivided but within the boundaries of the
Municipality, in lieu of the land in the subdivision required to be
transferred under subsection 71(a).
Transfer of
land with water
frontage
72.
Where the area of land being subdivided has frontage on the ocean, a
river or a lake, any land transferred in accordance with subsection 71(a)
shall include either useable land with frontage on the ocean, river or lake
or land suitable for public access to the ocean, river or lake.
Useable land
73.
(a)
For the purposes of Sections 71 and 72, useable land shall be
defined as land that:
(i)
has an average slope over the entire parcel of not more
than fifteen percent (15%), provided that any part of the
Subdivision By-Law
Municipality of the District of West Hants
Page 23
Useable land
criteria may be
waived
Land to be
accessible
parcel with a slope of fifteen percent (15%) or more shall
not exceed one-quarter (¼) of the area of the entire parcel;
(ii)
consists of a parcel having an area of one-half (½) acre or
more;
(iii)
is serviced by central water and sewer systems, or is
capable of supporting an on-site sewage disposal system,
unless the parcel is intended for recreational purposes,
such as linear walking or hiking trails, which do not require
an on-site sewage disposal system or services;
(iv)
is not a clearing and grubbing disposal area;
(v)
is not swampland or subject to flooding;
(vi)
is not an electrical transmission corridor; and
(vii)
where applicable, is able to meet the requirements for lot
area and lot frontage contained in the Land Use By-law.
(b)
The criteria in subsection 73(a) may be waived if the land to be
transferred is considered unique by the Development Officer in
that the parcel is:
(i)
land suitable for preservation as an interpretive natural
reserve area based on the opinion of a qualified
professional;
(ii)
land of significant historical or archeological value to the
Municipality;
(iii)
land adjacent to parkland or open space owned by the
Municipality;
(iv)
land deemed by the Recreation Director for the
Municipality to be required for recreational purposes; or
(v)
land located in the Water Supply (W) zone.
(c)
Any land to be conveyed to the Municipality other than that
meeting the requirements of subsection 73(b) shall abut a public
road or private road. Land to be conveyed to the Municipality
pursuant to the requirements of subsection 73(b) shall be
accessible by a public street or private road or by a public
easement a minimum of 15.24 metres (50 feet) in width and
providing a connection to a public road.
Bond
Agreement
74.
(a)
The subdivider may, with the approval of the Council, provide a
bond or other security acceptable to the Council for the
conveyance to the Municipality of land in a future phase of the
subdivision rather than conveying land from the approved phase
of the subdivision or equivalent value.
(b)
Where Council approves the use of a bond or other security under
subsection (a), the subdivider shall enter into a written agreement
with the Municipality, which agreement may contain provisions
satisfactory to the Municipality with respect to the time within
which any land or equivalent value shall be transferred to the
Municipality, the land which may be used to satisfy the
requirements of this Part, and any other matter related to the
parkland dedication requirements of this By-law.
Certification of
title
75.
Any conveyance of land to the Municipality under this Part shall be by
warranty deed, and the subdivider shall provide to the Municipality from
Subdivision By-Law
Municipality of the District of West Hants
Page 24
his or her legal counsel a solicitor's certificate of title certifying that all
property conveyed is free from all encumbrances. In the event that the
conveyance is not free from encumbrances, an unqualified undertaking
from the subdivider's solicitor to release the encumbrances may be
accepted by the Municipality.
Subdivider
responsible for
costs
76.
The subdivider shall be responsible for all document registration and
other costs associated with the requirements of this Part.
Section 70
shall not apply
77.
Section 71 shall not apply:
(a)
to the consolidation or resubdivision of land where no additional
lots are created; or
(b)
where the lot being created has a dwelling situate thereon that
was completed on or before January 1, 1979, and the remainder
of the land owned by the subdivider also has a dwelling situate
thereon that was completed prior to July 1, 1978.
PART 15:
INFRASTRUCTURE CHARGES
Approval of lots
in a charge
area
78.
Before a final plan of subdivision is approved in a charge area as shown
on Map A, the subdivider shall pay an infrastructure charge to Council in
accordance with Schedule 1 attached to this By-law.
Payment of
charges
79.
Final subdivision approval shall not be granted unless the infrastructure
charge established under this By-law is paid or the subdivider has
entered into an agreement with the Municipality deferring the payment of
the infrastructure charge.
Infrastructure
charges
agreement
80.
The Municipality and the subdivider may enter into an infrastructure
charges agreement which may contain reasonable provisions with
respect to any or all of the following:
(a)
the payment of infrastructure charges in installments;
(b)
the provision of security to ensure that the infrastructure charges
are paid when due; or
(c)
any other matter necessary or desirable to effect the agreement.
Additional
costs to the
Municipality
81.
Infrastructure charges shall not be payable if an infrastructure charge has
been paid with respect to the area of land, unless further subdivision of
the land will impose additional costs on the Municipality.
Use of charges
82.
A charge paid pursuant to this By-law shall only be used for the purpose
for which it has been collected.
Lien of property 83.
A charge imposed pursuant to the By-law constitutes a lien upon the
property with respect to which the charge has been levied in the same
manner and with the same effect as rates and taxes under the
Assessment Act.
PART 16:
REPEAL OF A PLAN OF SUBDIVISION
Repeal of any
or all lots
approved
84.
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.
Application
85.
Any person requesting the appeal of a plan of subdivision shall submit to
the Development Officer an application in the form specified in Schedule
"C".
Notification &
approval
86.
The notification and approval provisions of the Act which apply to the
approval of a plan of subdivision shall also apply to a repeal.
Subdivision By-Law
Municipality of the District of West Hants
Page 25
87.
Notwithstanding Section 86, the notification and approval provisions of
the Act do not apply to a repeal respecting a plan of subdivision or
instrument of subdivision to consolidate two or more parcels for which no
deed to effect the consolidation has been registered in the Registry of
Deeds or Land Registration Office, provided that the applicant certifies
that to the applicant's knowledge no deed to effect the consolidation
exists.
Application to
review
agencies
88.
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.
Buildings on
subject lands
89.
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.
Sections do not
apply
90.
Sections 4 to 83 inclusive of this By-law do not apply to the repeal of a
plan of subdivision.
Repeal to
Registry of
Deeds
91.
The Development Officer shall forward to the Registry of Deeds the
repeal in the form specified in Schedule "D".
Copy to
subdivider,
review
agencies
92.
The Development Officer shall forward a copy of the repeal referred to in
Section 91 to:
(a)
the subdivider; and
(b)
any agency who provided an assessment or recommendations on
the original plan of subdivision.
Fees
93.
(a)
At the time of application for the repeal of a subdivision, the
subdivider shall submit to the Development Officer:
(i)
the fees contained in the Costs and Fees Act, and its
regulations for registering a repeal of a plan of subdivision;
and
(ii)
a processing fee of $50.00 per final application for repeal
of a subdivision.
(b)
Where the Development Officer refuses to repeal a subdivision,
the Development Officer shall return the fees referred to in
subsection (a)(i) to the subdivider.
Notice of
refusal to
review
agencies
94.
Where the Development Officer refuses to repeal a plan of subdivision,
the Development Officer shall give notice of the refusal to the subdivider
and to all agencies which were forwarded the application for repeal
pursuant to Section 87.
PART 17:
REPEAL OF BY-LAW
Previous by-
law repealed
95.
The Subdivision By-law approved by the Municipality of the District of
West Hants on March 14, 2000 and any amendments thereto is repealed.
Schedule "A"
APPLICATION FOR SUBDIVISION APPROVAL
SUBDIVISION AREA:
Municipality of West Hants
APPLICATION TYPE:
Preliminary
Concept
Tentative
Final
NAME OF SUBDIVISION:
APPROVAL REQUESTED FOR LOT #'s:
LOCATION:
NO. AND TYPE OF EXISTING BUILDINGS:
PRESENT USE OF SITE:
PROPOSED USE OF SITE:
SIZE OF PARCEL TO BE APPROVED:
SIZE OF REMAINING PARCEL:
PROPERTY OWNER(S):
MAILING ADDRESS:
PHONE:
APPLICANT:
MAILING ADDRESS:
PHONE:
CORRESPONDENCE AND PLANS SHOULD BE SENT TO:
OWNER
APPLICANT
OTHER (specify)
NAME:
MAILING ADDRESS:
TELEPHONE NUMBER:
WATER SERVICES:
Existing
Proposed
Central System
Drilled Well
Dug Well
Other: _______________________
SEWER SERVICES:
Existing
Proposed
Central System
On-site
Other: ________________________
ACCESS:
Existing
Proposed
Public Road
Private Road
Right of Way
Other: ________________________
Has the property been tested by a qualified person for the installation of an on-site
sewage disposal system?
If yes, please specify name of qualified person ________________________________
Yes
No
CERTIFICATION - ON-SITE NOT REQUIRED (unserviced areas)
I certify that _________ _____________ (is, are) being subdivided for a purpose (____________________________)
(Lot(s) being approved and/or remainder lot) (Specify purpose)
which will not require the installation of an on-site sewage disposal system.
SIGNATURE:__________________________________
Declaration: I CERTIFY THAT I AM THE OWNER OR AM ACTING WITH THE OWNERS WRITTEN CONSENT.
Signature of Applicant(s): _____________________________________________ Date: __________________
_____________________________________________ __________________
SPACE BELOW FOR OFFICE USE ONLY
Plan Received:
Application Complete:
Plans Approved:
Plans Reviewed By:
Land Registry Use
Sent
Received
S/D Plan#
Department of Transportation
Voluntary Registration
Department of Environment
Public Works Department
Affidavit of Family Gifting attached
Assessment
Registration Fee
Previous Subdivision Approval
5% Open Space Fee
LIMS
Previous Plan Number:
GIS Technician
Zone:
West Hants Finance
PID:
Canada Post
Schedule "B"
NOTICE OF APPROVAL
IN ACCORDANCE WITH SECTION 285(1)(3) OF
THE MUNICIPAL GOVERNMENT ACT
Name of Owner(s):
______________________________________________________________________
West Hants Plan #:
______________________________________________________________________
Name of Subdivision: ______________________________________________________________________
Location:
______________________________________________________________________
Date of Approval:
____________________________ For:
_____________________________
Surveyor:
____________________________ Date of Plan: _____________________________
Dated this ______day of _____________________, _____________.
___________________________________
Development Officer
Plan of subdivision filed in the Registry of Deeds as Plan # _____________
Dated this ______day of _____________________, _____________.
This plan of subdivision also contains information regarding the lots approved on the plan with respect to one
or more of the following:
1.
The lot's 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 highway.
Schedule "C"
APPLICATION FOR REPEAL OF A SUBDIVISION
Plan of Subdivision
File Number: _______________________
APPLICANT INFORMATION
Name of Land Owner(s):
_______________________________________ Phone: __________________
Address of Land Owner(s):
_______________________________________ Postal Code:______________
Documents to be returned to: ________________________________________________________________
Correspondence to be directed to ____________________________________________________________
INFORMATION ON THE SUBDIVISION SOUGHT TO BE REPEALED
Name of applicant for subdivision approval: _____________________________________________________
Location: ______________________________________________ Municipality: _______________________
The subdivision was approved on the ________ day of _____________________________,______________
and is filed in the Registry of Deeds at ________________________________________ in the Municipality of
________________________________ the County of ___________________ As # ____________________
Lot(s) # _____________________________________________________________ was/were approved and
repeal is sought for approval of Lot(s) # _______________________________________________________.
Registration fee submitted.
CERTIFICATION OF FACTS (Reasons For Repeal)
(If more space is required, attach additional sheet)
OWNER'S CERTIFICATE
I certify that the information in this application is true and complete, that I am applying for repeal of this subdivision with 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
Schedule "D"
REPEAL OF A SUBDIVISION
Plan of Subdivision 9
Name of Owner(s):
______________________________________________________________________
Name of Subdivision: ______________________________________________________________________
Location:
______________________________________________________________________
Date of Approval of the Subdivision: ________________________________________
Being Registration #: ____________________________at the Registry of Deeds.
THIS SUBDIVISION IS REPEALED
Entire Plan
or Only Lots #: ________________________________________
Dated at ____________________________ in the ____________________________, Province of Nova
Scotia, this ______day of _____________________, _____________.
___________________________________
Development Officer
Please note: Any lots or parcel created by this repeal may not be eligible for development.
Schedule "E"
STOPPING SIGHT DISTANCES
STOPPING SIGHT DISTANCES
Lot No.
Distance
From Lot
Corner
Left/Right
Speed
Zone
Left
Right
Pass Or
Fail
Comment
Grade
Distance
Grade
Distance