Provincial Subdivision Regulations
made under Section 270 of the
Municipal Government Act
S.N.S. 1998, c. 18
N.S. Reg. 38/99 (effective April 1, 1999)
as amended up to N.S. Reg. 440/2008 (effective December 4, 2008)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Short title
Interpretation
General Provisions
A - Lot requirements
B - Public streets
C - Private roads
Preliminary Plans of Subdivision - Optional
A - Requirements
B - Procedure
Concept Plans - Optional
A - Requirements
B - Procedure
Tentative Plans of Subdivision - Optional
A - Requirements
B - Procedure
Final Plans of Subdivision
A - Requirements
B - Procedure
Subdivision by Instrument
A - Requirements
B - Procedure
Repeal of a Subdivision
Effective Date, Repeal
Schedule “A” - Application for Subdivision Approval
Schedule “B” - Schedule “B” Roads
Length
Schedule “C” - Notice of Approval of a Plan of Subdivision
Schedule “D” - Instrument of Subdivision
Schedule “E1” - Application for Repeal of a Subdivision
Schedule “F” - Repeal of a Subdivision
Schedule “G” - Stopping Sight Distances
Subdivision approval is given pursuant to the municipal subdivision by-law and not these Provincial
Subdivision Regulations.
Short title
1 These regulations may be cited as the Provincial Subdivision Regulations.
Interpretation
2 In these regulations,
(a) “Act” means the Municipal Government Act;
(b) “area of land” means any existing lot or parcel as described by its
boundaries, except in Section 8;
(c) “engineer” means the engineer of the municipality and includes a person
acting under the supervision and direction of the engineer;
(d) “lot” means any parcel to be created by the filing of a plan of subdivision
or the registering of an instrument of subdivision;
(e) “municipal public street” means any street or road owned and maintained
by a municipality;
(f) “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,
and includes any private road
(v) approved by the Department of Transporation and Infrastructure
Renewal, and
(vi) shown on a plan of subdivision approved prior to the first day of
August, 1987 and filed in the registry of deeds;
(fa) “proposed lot” means any lot being proposed to be created by a plan or
instrument of subdivision, including a remainder lot;
(g) “Province” means Her Majesty the Queen in right of the Province of Nova
Scotia;
(h) “Provincial public street” means any street or road owned and maintained
by the Department of Transporation and Infrastructure Renewal excluding
designated controlled access highways pursuant to Section 20 of the
Public Highways Act;
(ha) “public street” means a municipal public street or a provincial public
street;
(i) “registry of deeds” means the office of the registrar of deeds for the
registration district in which the area of land being subdivided is situate;
(j) “Schedule “B” road” means a road approved by a district, county or
regional municipality for indexing in a schedule of its subdivision by-law
for the purpose of allowing subdivision on that road and includes any road
which had been indexed in Schedule “B” of previous provincial
subdivision regulations and listed in Schedule “B” of these regulations;
(k) “subdivider” means the owner of the area of land proposed to be
subdivided and includes anyone acting with the owner's written consent;
(l) “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;
(m) “unmaintained public street” means any public street that is not maintained
by the Department of Transportation and Infrastructure Renewal or the
municipality that owns it;
General Provisions
A - Lot requirements
3 (1) All lots shall abut
(a) a public street;
or in a district, county or regional municipality,
(b)a public street;
(c) a private road; or
(d) a Schedule “B” road.
(2) Despite the definition of “private road”, a private road that must cross an
unmaintained public street to extend to and have access to a public street may be
treated as a continuous private road for the purposes of subsection (1) if the owner
has a permit to cross the unmaintained public street that is issued by the
Department of Transportation and Infrastructure Renewal or the municipality and
is assignable and has no fixed duration.
4 Where a land use by-law is in effect
(a) all lots shall meet the applicable requirements contained in such by-law;
and
(b) clauses 3(1)(c) and (d), and Sections 5, 6, 8, 9, and 11 are inoperative and
do not apply unless the land-use by-law permits development on any lot
created pursuant to these sections and the municipal planning strategy
provides for both the subdivision and development of such lots.
5 (1) Notwithstanding the lot area and frontage requirements of clause 4(a), the
development officer may approve a maximum of two lots, shown on a plan or
instrument of subdivision, in accordance with Section 279 of the Act provided all
other requirements of these regulations are met.
(2) Subsection (1) does not apply if the area requirements established by the
Department of Environment for the construction or installation of an on-site
sewage disposal system are not met.
6 (1) 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.
(2) Notwithstanding Section 3 and the lot frontage requirements of clause 4(a), the
development officer may approve a subdivision on an island which does not
contain a public street or private road provided each lot has water frontage of 6
metres (19.7 feet) or more.
7 (1) Notwithstanding Section 3 and the lot area and frontage requirements of clause
4(a), the development officer may approve a subdivision altering the boundaries
of two or more areas of land where
(a) no additional lots are created;
(b) each resulting lot
(i) meets the minimum dimension for lot frontage of the land-use
by-law, or
(ii) has not had its frontage, if any, reduced; and
(c) each resulting lot
(i) meets the minimum requirement for lot area of the land-use
by-law, or
(ii) has not had its area reduced.
(2) Where the proposed lot is not surveyed, the final plan of subdivision prepared
pursuant to subsection (1) shall
(a) be certified and stamped by a Nova Scotia Land Surveyor that the
boundaries of the parcel or area of land proposed to be added to the
existing area of land have been surveyed and shown as a heavy solid line,
except the common boundary between the existing areas of land, which is
surveyed and certified as being the common boundary and shown as a
heavy broken line;
(b) notwithstanding clause 49(1)(b), other than the new boundaries which
have been surveyed pursuant to clause (a), show the remaining boundaries
of the resulting lot for which approval is requested described graphically
as a lighter solid line; and
(c) have the following notation, completed and signed by the surveyor, affixed
to the plan adjacent to the certification required by the Land Surveyors Act
and its regulations:
“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.”
8 (1) For purposes of this Section, “area of land” means any lot or parcel as described
by its boundaries as they existed on August 1, 1987 notwithstanding that the area
of land has been subdivided subsequent to August 1.
(2) One lot that does not meet Section 3 and the lot frontage requirements of clause
4(a) may be created within an area of land, provided no such lot has already been
subdivided within the area of land.
(3) Notwithstanding the limitation to one lot contained in subsection (2), two lots may
be created, including any remainder lot, where
(a) the area of land does not abut a public street, a private road, or a Schedule
“B” road; or
(b) the area of land has less than 6 metres (19.7 feet) of frontage on a public
street, a private road, or a Schedule “B” road.
9 (1) Notwithstanding the lot area and frontage requirements of clause 4(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.
(2) Where a lot created pursuant to subsection (1) is not surveyed, the provisions of
subsection 7(2) shall apply.
10 [repealed]
11 (1) For purposes of subsection (2), “main building” is a building which is not an
accessory building to another building on the area of land.
(2) Notwithstanding the lot area and frontage requirements of clause 4(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.
12 Lots shall not be subdivided to create a width or depth of less than 6 metres (19.7
feet).
B - Public streets
13 (1) All proposed municipal public streets shall be approved by the engineer.
(2) Where a proposed municipal public street intersects a provincial public street, that
intersection shall be approved by the Department of Transporation and
Infrastructure Renewal.
14 A proposed lot that abuts a public street shall have any access to the public street
approved by the authority having jurisdiction for the public street, based on
adequate stopping sight distance as determined by the authority having jurisdiction.
15 Where a plan or instrument of subdivision shows a proposed lot abutting an existing
public street, the authority having jurisdiction shall verify that the street is a public
street.
C - Private roads
16 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 clause 4(a).
17 A private road shall have a minimum width of 20 metres (65.6 feet), or such lesser
width as adopted by the municipality.
18 The intersection of a private road with a public street shall be approved by the
authority having jurisdiction for the public street.
19 (1) 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.
(2) 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 clause 4(a).
Preliminary Plans of Subdivision - Optional
A - Requirements
20 (1) A person proposing to subdivide an area of land may submit to the development
officer four copies of a preliminary plan of subdivision drawn to scale showing
(a) the name of the owner of the area of land being subdivided;
(b) the names of all owners of all properties abutting the area of land being
subdivided;
(ba) the unique parcel identifier (PID) of all areas of land being subdivided;
(c) the civic number of main buildings on the area of land being subdivided;
(d) a location plan showing the approximate distance between the area of land
being subdivided and the nearest prominent landmark;
(e) the shape, dimensions, and area of the proposed lots;
(f) each proposed lot identified by a number except in cases where a parcel is
being added to or subtracted from an existing area of land, in which case
the parcel shall be identified by a letter and the new lot identified by the
existing area of land identifier, where available, and the letter;
(g) no duplication of lot identifiers;
(h) the approximate location of railways and railway rights-of-way;
(i) the location of existing and proposed public streets, private roads, and
Schedule “B” roads;
(j) the name of existing and proposed public streets (and the public street
number), private roads, and Schedule “B” roads as issued pursuant to the
civic addressing system;
(k) 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;
(l) the location of existing buildings within 10 metres (32.8 feet) of a property
line;
(m) the general location of watercourses and wetlands;
(n) the north point;
(o) the scale; and
(p) any other information necessary to determine whether this subdivision
conforms to these subdivision regulations.
(2) Where a preliminary plan of subdivision is to be forwarded to the Department of
Environment pursuant to clause 23(a), the information required by subsection (3)
is required for the following proposed lots:
(a) a proposed lot that is being created for a purpose that will require the
construction of an on-site sewage disposal system; or
(b) a proposed lot that is being divided from an existing area of land, contains
an on-site system, and
(i) is 9000 square metres (96,878.4 square feet) or less in area, or
(ii) has a width of less than 76 metres (249.3 feet).
(3) Unless the information already has been submitted to the Department of
Environment, the following additional information is required for proposed lots
referred to in subsection (2):
(a) the lot layout including any proposed building, on-site sewage disposal
system, driveway and water well;
(b) 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;
(c) the surface slopes and directions;
(d)the location of any test pit;
(e) the proposed on-site sewage disposal system, selected or designed;
(f) an explanation of the extent, volume and type of usage to which the on-site
sewage disposal system will be subjected;
(g) 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;
and
(h) any other information necessary to determine whether the subdivision
meets the On-site Sewage Disposal Systems Regulations.
(4) 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 9000 square metres
(96,878.4 square feet) in area with a width of 76 metres (249.3 feet) or more, the
lot layout including buildings, driveway, on-site sewage disposal system and well
shall be provided.
(5) For a proposed lot 9000 square metres (96,878.4 square feet) or less in area or
with a width of less than 76 metres (249.3 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
21 Application for an evaluation of a preliminary plan of subdivision shall be made to
the development officer in the form specified in Schedule “A” of these regulations.
22 The development officer shall comply with the notification and approval provisions
of the Act.
23 A copy of the preliminary plan of subdivision shall be forwarded to
(a) in areas not served by a central sewer, the Department of Environment to
determine compliance with the On-site Sewage Disposal Systems
Regulations, except where the proposed lot
(i) is greater than 9000 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-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 subclause (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 of the
boundary of the proposed lots; and
(d) any other agency of the Province or the municipality which the
development officer deems necessary.
23A A preliminary plan of subdivision that shows a proposed lot referred to in
subsection 20(5) 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.
24 Any agency which has been forwarded a copy of the preliminary plan of subdivision
pursuant to Section 23 shall forward a written report of their assessments or
recommendations to the development officer.
25 The development officer shall inform the applicant in writing of the results of the
evaluation of the preliminary plan of subdivision.
Concept Plans - Optional
A - Requirements
26 Where an area of land is being subdivided in phases and will contain new streets, a
person may submit to the development officer eight (8) copies of a concept plan of
the entire area of land.
27 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;
(b) name of property owner(s) and name of all abutting land owners;
(c) the proposed internal street system with connections to existing streets;
(d) the proposed location of public open space;
(e) the location of existing development, if any;
(f) the location of any municipal service boundary;
(g) the north point;
(h) contours at five metre (16.4 foot) intervals; and
(i) any other information necessary to determine if the subdivision meets with
municipal standards and accepted engineering practice as determined by
the engineer.
28 A subdivision by-law need not provide for concept plans.
B - Procedure
29 Application for approval of a concept plan shall be made to the development officer
in the form specified in Schedule “A” of these regulations.
30 The development officer shall comply with the notification and approval provisions
of the Act.
31 The development officer shall forward 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) street layout, pedestrian routes, 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
layout on the provision of future services where applicable;
(d) public open space; and
(e) any proposed community and commercial uses.
32 Any agency which has been forwarded a copy of the concept plan pursuant to
Section 31 shall forward a written report of their assessments or recommendations
to the development officer.
33 Approval of a concept plan may not be refused or withheld as a result of the
assessment or recommendations made by the Department of Environment, the
Department of Transporation and Infrastructure Renewal or of any other agency of
the Province or the municipality unless the concept plan is clearly contrary to a law
of the Province or regulation made pursuant to a law of the Province.
34 Where the development officer refuses to approve a concept plan, the development
officer shall give notice of the refusal to all agencies which were forwarded a
concept plan pursuant to Section 31.
35 Where the development officer refuses to approve a concept plan, the development
officer shall inform the applicant of the reasons for the refusal in writing and advise
the applicant of the appeal provisions of Section 284 of the Act.
36 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.”
(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.”
37 The development officer shall forward an approved copy of the concept plan to the
applicant.
Tentative Plans of Subdivision - Optional
A - Requirements
38 A person proposing to subdivide an area of land may submit to the development
officer eight (8) copies of the tentative plan of the proposed subdivision meeting the
requirements of Section 39 of these regulations.
39 (1) Tentative plans of subdivision submitted to the development officer shall be
(a) drawn to a scale or scales sufficient for clarity of all particulars on the
tentative plan of subdivision;
(b) based on a description of the area of land to be subdivided, preferably but
not necessarily as surveyed; and
(c) folded to approximately 20x30 cm (8x12 in.) with the face of the folded
print being the title block which is located in the lower right-hand corner
of the tentative plan of subdivision.
(2) Tentative plans of subdivision shall show the following
(a) the words “PLAN OF SUBDIVISION” located in the title block;
(b) the words “TENTATIVE PLAN” located above the title block;
(c) a clear space for stamping being a minimum of 225 square centimetres (36
square inches) with a minimum width of 8 centimetres (3 inches);
(d) the name of the subdivision, if any, and the name of the owner of the area
of land;
(e) if applicable, the book and page number of the deed to the area of land as
recorded in the name of the owner in the registry of deeds;
(f) the unique parcel identifier (PID) of all areas of land being subdivided;
(g) the civic number of main buildings on the area of land being subdivided;
(h) the names of all owners or the identifiers of all properties abutting the
proposed subdivision;
(i) a location map, drawn to a scale not smaller than 1:50,000 (such scale to
be shown on the map), preferably with the same orientation as the area of
land and, if possible, showing the location of the closest community to the
area of land proposed to be subdivided;
(j) the shape, dimensions, and area of the proposed lots;
(k) 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;
(l) no duplication of lot identifiers;
(m) 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;
(n) the location of existing buildings within 10 metres (32.8 feet) of a property
boundary;
(o) the location of existing and proposed public streets, private roads, and
Schedule “B” roads;
(p) the name of existing and proposed public streets (and the public street
number) private roads, and Schedule “B” roads as issued pursuant to the
civic addressing system;
(q) the width and location of railroads and railway rights-of-way;
(r) the general location of watercourses, wetlands, or prominent rock
formations;
(s) the width, location, and nature of any easements on or affecting the area of
land proposed to be subdivided;
(t) where applicable, a notation stating the lots are serviced by a central sewer
and/or water system;
(u) the north point;
(v) the date on which the plan of subdivision was drawn and the date of any
revisions;
(w) the scale to which the plan of subdivision is drawn; and
(x) any other information necessary to determine whether or not the plan of
subdivision conforms to these regulations.
(3) Where a tentative plan of subdivision is to be forwarded to the Department of
Environment pursuant to clause 42(a), the information listed in subsection (4) is
required for the following proposed lots:
(a) a proposed lot that is being created for a purpose that will require the
construction of an on-site sewage disposal system; or
(b) a proposed lot that is being divided from an existing area of land, contains
an on-site sewage disposal system, and
(i) is 9000 square metres (96,878.4 square feet) or less in area, or
(ii) has a width of less than 76 metres (249.3 feet).
(4) Unless the information already has been submitted to the Department of
Environment, the following additional information is required for proposed lots
referred to in subsection (3):
(a) the lot layout including any proposed building, on-site sewage disposal
system, driveway and water well;
(b) 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;
(c) the surface slopes and directions;
(d)the location of any test pit;
(e) the proposed on-site sewage disposal system, selected or designed;
(f) an explanation of the extent, volume and type of usage to which the on-site
sewage disposal system will be subjected;
(g) 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;
and
(h) any other information necessary to determine whether the subdivision
meets the On-site Sewage Disposal Systems Regulations.
(5) 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 9000 square metres
(96,878.4 square feet) in area with a width of 76 metres (249.3 feet) or more, the
lot layout including buildings, driveway, on-site sewage disposal system and well
shall be provided.
(6) For a proposed lot 9000 square metres (96,878.4 square feet) or less in area or
with a width of less than 76 metres (249.3 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.
(7) In addition to meeting the requirements of subsections (1), (2), (3), (4), (5) or (6),
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) except for private roads, be accompanied by four copies of a plan showing
(i) contours at 2 metre (6.6 foot) intervals, and drainage patterns,
(ii) the width and location of proposed public streets 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 two (2) copies of centerline profiles of proposed public
streets.
(8) [repealed]
B - Procedure
40 Application for approval of a tentative plan of subdivision shall be made to the
development officer in the form specified in Schedule “A” of these regulations.
41 The development officer shall comply with the notification and approval provisions
of the Act.
42 A copy of the tentative plan of subdivision shall be forwarded to
(a) in areas not served by a central sewer, the Department of Environment to
determine compliance with the On-site Sewage Disposal Systems
Regulations, except where the proposed lot
(i) is greater than 9000 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-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 subclause (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 of the
boundary of the proposed lots; and
(d) any other agency of the Province or the municipality which the
development officer deems necessary.
42A A tentative plan of subdivision that shows a proposed lot referred to in subsection
39(6) 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.
43 Any agency which has been forwarded a copy of a tentative plan of subdivision
pursuant to Section 42 shall forward a written report of their assessments or
recommendations to the development officer.
44 Approval of a tentative plan of subdivision may not be refused or withheld as a
result of the assessment or recommendations made by the Department of
Environment, the Department of Transporation and Infrastructure Renewal or of
any other agency of the Province or the municipality unless the tentative plan of
subdivision is clearly contrary to a law of the Province or regulation made pursuant
to a law of the Province.
45 Where the development officer refuses to approve a tentative plan of subdivision,
the development officer shall inform the applicant of the reasons for the refusal in
writing and advise the applicant of the appeal provisions of Section 284 of the Act.
46 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.”
47 The development officer shall forward a copy of the approved tentative plan of
subdivision to the applicant and the surveyor.
Final Plans of Subdivision
A - Requirements
48 A subdivider proposing to subdivide an area of land shall submit twelve (12) copies
of the final plan of subdivision meeting the requirements of Section 49 of these
regulations to the development officer for approval.
49 (1) Final plans of subdivision submitted to the development officer shall be
(a) drawn to a scale or scales sufficient for clarity of all particulars of the final
plan of subdivision;
(b) certified and stamped by a Nova Scotia Land Surveyor that the lots for
which approval is requested 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 7(2) of these regulations; and
(c) folded to approximately 20x30 centimetres (8x12 inches) with the face of
the folded print being the title block which is located in the lower
right-hand corner of the final plan of subdivision.
(2)Final plans of subdivision shall show the following:
(a) the words “PLAN OF SUBDIVISION” located in the title block;
(b) a clear space for stamping being a minimum of 225 square centimetres (36
square inches) with a minimum width of 8 centimetres (3 inches);
(c) the name of the subdivision, if any, and the name of the owner of the area
of land;
(d) 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;
(e) the unique parcel identifier (PID) of all areas of land being subdivided;
(f) the civic number of main buildings on the area of land being subdivided;
(g) the names of all owners or the identifiers of all properties abutting the
proposed subdivision;
(h) 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;
(i) the shape, dimensions, and area of the proposed lots;
(j) 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;
(k) no duplication of lot identifiers;
(l) 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;
(m) the location of existing buildings within 10 metres (32.8 feet) of a property
boundary;
(n) the geographical and mathematical location of all buildings within 3
metres (9.8 feet) of a proposed boundary;
(o) the location of existing and proposed public streets, private roads, and
Schedule “B” roads;
(p) the name of existing and proposed public streets (and the public street
number) private roads, and Schedule “B” roads as issued pursuant to the
civic addressing system;
(q) the width and location of railroads and railway rights-of-way;
(r) the general location of watercourses, wetlands, or prominent rock
formations;
(s) the width, location, and nature of any easements on or affecting the area of
land proposed to be subdivided;
(t) where applicable, a notation stating the lots are serviced by a central sewer
and/or water system;
(u) the north point;
(v) the date on which the plan of subdivision was drawn and the date of any
revisions;
(w) the scale to which the plan of subdivision is drawn; and
(x) any other information necessary to determine whether or not the plan of
subdivision conforms to these regulations.
(3) Where a final plan of subdivision is to be forwarded to the Department of
Environment pursuant to clause 52(a), the information listed in subsection (4) is
required for the following proposed lots:
(a) a proposed lot that is being created for a purpose that will require the
construction of an on-site sewage disposal system; or
(b) a proposed lot that is being divided from an existing area of land, contains
an on-site sewage disposal system, and
(i) is 9000 square metres (96,878.4 square feet) or less in area, or
(ii) has a width of less than 76 metres (249.3 feet).
(4) Unless the information already has been submitted to the Department of
Environment, the following additional information is required for proposed lots
referred to in subsection (3):
(a) the lot layout including any proposed building, on-site sewage disposal
system, driveway and water well;
(b) 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;
(c) the surface slopes and directions;
(d)the location of any test pit;
(e) the proposed on-site sewage disposal system, selected or designed;
(f) an explanation of the extent, volume and type of usage to which the on-site
sewage disposal system will be subjected;
(g) 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;
and
(h) any other information necessary to determine whether the subdivision
meets the On-site Sewage Disposal Systems Regulations.
(5) 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 9000 square metres
(96,878.4 square feet) in area with a width of 76 metres (249.3 feet) or more, the
lot layout including buildings, driveway, on-site sewage disposal system and well
shall be provided.
(6) For a proposed lot 9000 square metres (96,878.4 square feet) or less in area or
with a width of less than 76 metres (249.3 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.
(7) For a proposed lot that will have access to a provincial public highway, the final
plan of subdivision must be accompanied by or show stopping sight distances
information in the form specified in Schedule “G” completed by a Nova Scotia
Land Surveyor or by the authority having jurisdiction for the public streets
abutting the lot.
(8) Unless they have already been submitted, final engineering design drawings for
any services, including streets, to be conveyed to the municipality shall
accompany the final plan of subdivision.
B - Procedure
50 Application for approval of a final plan of subdivision shall be made to the
development officer in the form specified in Schedule “A” of these regulations.
51 The development officer shall comply with the notification and approval provisions
of the Act.
52 A copy of the final plan of subdivision shall be forwarded to
(a) in areas not served by a central sewer, the Department of Environment to
determine compliance with the On-site Sewage Disposal Systems
Regulations, except where the proposed lot
(i) is greater than 9000 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-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 subclause (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 of the
boundary of the proposed lots; and
(d) any other agency of the Province or the municipality which the
development officer deems necessary.
52A A final plan of subdivision that shows a proposed lot referred to in subsection 49(6)
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.
53 Any agency which has been forwarded a copy of the final plan of subdivision
pursuant to Section 52 shall forward a written report of their assessments or
recommendations to the development officer.
54 Approval of a final plan of subdivision may not be refused or withheld as a result of
the assessment or recommendations made by the Department of Environment, the
Department of Transporation and Infrastructure Renewal 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.
55 (1) At the time of application for approval of a final plan of subdivision, the
subdivider shall submit to the development officer
(a) the fees contained in the Costs and Fees Act and its regulations for filing
the approved final plan of subdivision and registering a notice of approval
of the plan; and
(b) a processing fee of $50.00 per application for approval of a final plan of
subdivision.
(2) Where the development officer refuses to approve a final plan of subdivision, the
development officer shall return the fees referred to in clause (1)(a) to the
subdivider.
56 Before approving a final plan of subdivision that adds or consolidates parcels or
areas of land in different ownerships the development officer shall have received
(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, pursuant to
Part V of the Act; and
(d) where applicable, the deed transfer tax.
57 The development officer shall forward an approved copy of the final plan of
subdivision to the subdivider and the surveyor.
58 Where the development officer refuses to approve a final plan of subdivision, the
development officer shall give notice of the refusal to all agencies which were
forwarded a plan pursuant to Section 52.
59 Where the development officer refuses to approve a final plan of subdivision, the
development officer shall inform the subdivider of the reasons for the refusal in writing
and advise the subdivider of the appeal provisions of Section 284 of the Act.
60 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.
61 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 which apply are
(proposed use)
contained in a report dated ___________ and available from the
Department of Environment.”;
(ii) “IMPORTANT NOTICE
______________________________ (has, have) been created
(lot(s) approved and/or remainder)
for a purpose which does not require an on-site sewage disposal
system and will not be eligible for a permit to install a system
unless the requirements of the Department of Environment are
met.”; or
(iii) “ ____________________________(is, are) served by an
(lot(s) approved and/or remainder)
existing on-site system and should a replacement system become
necessary in future, approval of the replacement system from the
Department of Environment is required”.
(c) where applicable,
(i) a notation stating that access to the public street as shown has been
approved for the lots created by this final plan and any conditions
which apply are listed on the plan or are contained in a report dated
_______________, available from the authority having jurisdiction
for public streets;
(ii) where a lot which abuts a public street does not have an approved
access point along the street, a notation stating that direct access to
the street is not permitted; and
(iii) a notation stating which lots abut a private road and that no
provincial or municipal services shall be provided to these lots.
62 Within seven days of approving the plan, the development officer shall forward to
the registry of deeds
(a) two (2) approved copies of the final plan of subdivision and a notice of
approval in the form specified in Schedule “C” of these regulations; and
(b) if applicable, the items required by Section 56 of these regulations.
Subdivision by Instrument
A - Requirements
63 (1) In a district or county municipality a subdivider may subdivide an area of land by
an instrument of subdivision where
(i) each lot has a minimum area of 9,290 square metres (100,000
square feet) and dimensions that would permit it to contain a circle
of a diameter of 76 metres (249.3 feet) within its boundaries, or
(ii) an existing lot is being increased in size, and
the lot being decreased in size, if any, meets the requirements of these regulations
other than those contained in clause (i).
(2) All lots created by instrument of subdivision are required to be approved.
(3) In addition to the application form required by Section 64, the subdivider
proposing to subdivide an area of land by instrument of subdivision shall submit
to the development officer a completed instrument of subdivision in the form
specified in Schedule “D” of these regulations.
(4) The graphic representation included as part of Schedule “D” shall show
(a) the name of the subdivision, if any, and the name of the owner of the area
of land;
(b) 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;
(c) the unique parcel identifier (PID) of all areas of land being subdivided;
(d) the civic number of main buildings on the area of land being subdivided;
(e) the names of all owners or the identifiers of all properties abutting the
proposed subdivision;
(f) a location map, drawn to a scale not smaller than 1:50,000 (such scale to
be shown on the map), preferably with the same orientation as the area of
land and, if possible, showing the location of the closest community to the
area of land proposed to be subdivided;
(g) the shape, dimensions, and area of the proposed lots;
(h) 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;
(i) no duplication of lot identifiers;
(j) 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;
(k) the location of existing buildings within 10 metres (32.8 feet) of a property
boundary;
(l) the location of existing public streets, private roads, and Schedule “B”
roads;
(m) the name of existing public streets (and the public street number) private
roads, and Schedule “B” roads as issued pursuant to the civic addressing
system;
(n) the width and location of railroads and railway rights-of-way;
(o) the general location of watercourses, wetlands, or prominent rock
formations;
(p) the width, location, and nature of any easements on or affecting the area of
land proposed to be subdivided;
(q) where applicable, a notation stating the lots are serviced by a public sewer
and/or water system;
(r) the north point;
(s) the date on which the instrument of subdivision was drawn and the date of
any revisions;
(t) the scale to which the instrument of subdivision is drawn; and
(u) any other information necessary to determine whether or not the
instrument of subdivision conforms to these regulations.
(5) Where an instrument of subdivision is to be forwarded to the Department of
Environment pursuant to clause 66(a), the information listed in subsection (6) is
required for a proposed lot that is being created for a purpose that will require the
construction of an on-site sewage disposal system.
(6) Unless the information already has been submitted to the Department of
Environment, the following additional information is required for proposed lots
referred to in subsection (5):
(a) the lot layout including any proposed building, on-site sewage disposal
system, driveway and water well;
(b) 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;
(c) the surface slopes and directions;
(d)the location of any test pit;
(e) the proposed on-site sewage disposal system, selected or designed;
(f) an explanation of the extent, volume and type of usage to which the on-site
sewage disposal system will be subjected;
(g) 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;
and
(h) any other information necessary to determine whether the subdivision
meets the On-site Sewage Disposal Systems Regulations.
(7) For a proposed lot that is being divided from an existing area of land and contains
an existing on-site sewage disposal system, the lot layout including buildings,
driveway, on-site sewage disposal system and well shall be provided.
(8) For a proposed lot 9000 square metres (96,878.4 square feet) or less in area or
with a width of less than 76 metres (249.3 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
64 Application for approval of an instrument of subdivision shall be made to the
development officer in the form specified in Schedule “A” of these regulations.
65 The development officer shall comply with the notification and approval provisions
of the Act.
66 A copy of the instrument of subdivision shall be forwarded to
(a) in areas not served by a central sewer, the Department of Environment to
determine compliance with the On-site Sewage Disposal Systems
Regulations, except where the proposed lot
(i) is greater than 9000 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-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 subclause (i);
(b) in areas served by a central sewer, the authority having jurisdiction for
central sewers;
(c) the authority having jurisdiction for public streets; and
(d) any other agency of the Province or the municipality which the
development officer deems necessary.
66A An instrument of subdivision that shows a proposed lot referred to in subsection
63(8) 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.
67 Any agency which has been forwarded a copy of the instrument of subdivision
pursuant to Section 66 shall forward a written report of their assessments or
recommendations to the development officer.
68 Approval of an instrument of subdivision may not be refused or withheld as a result
of the assessment or recommendations made by the Department of Environment,
the Department of Transporation and Infrastructure Renewal or of any other
agency of the Province or the municipality unless the instrument of subdivision is
clearly contrary to a law of the Province or regulation made pursuant to a law of the
Province.
69 (1) At the time of application for approval of an instrument of subdivision, the
subdivider shall submit to the development officer
(a) the fees contained in the Costs and Fees Act, and its regulations, for
registering an instrument of subdivision; and
(b) a processing fee of $50.00 per final application for subdivision approval or
for repeal.
(2) Where the development officer refuses to approve an instrument of subdivision,
the development officer shall return the fees referred to in clause (1)(a) to the
subdivider.
70 Before approving an instrument of subdivision that adds or consolidates parcels or
areas of land in different ownerships the development officer shall have received
(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, pursuant to
Part V of the Act; and
(d)where applicable, the deed transfer tax.
71 The development officer shall forward an approved copy of the instrument of
subdivision to the subdivider.
72 Where the development officer refuses to approve an instrument of subdivision, the
development officer shall give notice of the refusal to all agencies which were
forwarded a instrument pursuant to Section 66.
73 Where the development officer refuses to approve an instrument 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.
74 An instrument of subdivision showing lots to be approved under circumstances
described in subsection 287(3) of the Act by special note on the instrument 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.
75 The following information shall be stamped or written and completed by the
development officer on any instrument of subdivision which is approved:
(a)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 which apply are
(proposed use)
contained in a report dated ___________ and available from the
Department of Environment.”;
(ii) “ IMPORTANT NOTICE
_____________________________ (has, have) been created
(lot(s) approved and/or remainder)
for a purpose which does not require an on-site sewage disposal
system and will not be eligible for a permit to install a system
unless the requirements of the Department of Environment are
met.”; or
(iii) “ _____________________________(is, are) served by an
(lot(s) approved and/or remainder)
existing on-site system and should a replacement system become
necessary in future, approval of the replacement system from the
Department of Environment is required.”
(b) where applicable,
(i) a notation stating that access to the public street as shown has been
approved for the lots created by this instrument of subdivision and
any conditions which apply are listed on the instrument or are
contained in a report dated _______________, available from the
authority having jurisdiction for public streets;
(ii) where a lot which abuts a public street does not have an approved
access point along the street, a notation stating that direct access to
the street is not permitted; and
(iii) a notation stating which lots abut a private road and that no
provincial or municipal services shall be provided to these lots.
76 Within seven days of approving the instrument, the development officer shall
forward to the registry of deeds
(a) two (2) approved copies of the instrument of subdivision; and
(b) if applicable, the items required by Section 70 of these regulations.
Repeal of a Subdivision
77 Where a plan or instrument of subdivision has been approved, the approval may be
repealed for any or all of the lots created by the plan or instrument of subdivision.
78 Any person requesting a repeal shall submit to the development officer an
application in the form specified in Schedule “E1” or “E2”.
79 (1) Except as provided in subsection (2), the notification and approval provisions of
the Act which apply to the approval of a plan or instrument of subdivision shall
also apply to a repeal.
(2) The notification and approval provisions of the Act do not apply to a repeal of a
plan of subdivision or instrument of subdivision that consolidates 2 or more
parcels and for which no deed to effect the consolidation has been registered in
the Registry of Deeds or Land Registration Office, if the applicant certifies that to
the applicant’s knowledge no deed to effect the consolidation exists.
80 When the development officer is satisfied that an application for repeal is complete,
the development officer may forward a copy to any agency which provided an
assessment or recommendations on the original plan or instrument of subdivision.
81 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 or instrument of subdivision filed at the registry of deeds on
the same day as the repeal is filed.
82 Sections 3 to 76 inclusive of these regulations do not apply to the repeal of a plan or
instrument of subdivision.
83 The development officer shall forward to the registry of deeds the repeal in the form
specified in Schedule “F”.
84 The development officer shall forward a copy of the repeal referred to in Section 83
to
(a) the subdivider, and
(b) any agency which provided an assessment or recommendations on the
original plan or instrument of subdivision.
85 (1) At the time of application for the repeal of a subdivision the subdivider shall
submit to the development officer
(a) the fees contained in the Costs and Fees Act, and its regulations, for
registering a repeal of a plan or instrument of subdivision; and
(b) a processing fee of $50.00 per final application for repeal of a subdivision.
(2) Where the development officer refuses to repeal a subdivision, the development
officer shall return the fees referred to in clause (1)(a) to the subdivider.
86 Where the development officer refuses to repeal a subdivision, the development
officer shall give notice of the refusal to the subdivider and to all agencies which
were forwarded the application for repeal pursuant to Section 84.
Effective Date, Repeal
87 (1) These Provincial Subdivision Regulations are effective on April 1, 1999, or the
date of prescription, whichever is later in time.
(2) On the effective date of these regulations the Provincial Subdivision Regulations
which became effective on April 7, 1995, are repealed.
Schedule “A” - Application for Subdivision Approval
FOR OFFICE USE ONLY
File No:
|
SCHEDULE “A”
|
SUBDIVIDER REL[S]ATED INFORMATION
NAME OF LAND OWNER(S)
ADDRESS OF LAND OWNER(S)
POSTAL CODE PHONE NO.
SUBDIVISION NAME (IF DIFFERENT FROM OWNER)
DOCUMENTS TO BE RETURNED TO
CORRESPONDENCE TO BE DIRECTED TO
|
LAND TO BE SUBDIVIDED
LOCATION MUNICIPALITY
PARCEL IDENTIFIER
TYPE OF APPLICATION □ Preliminary (Optional) □ Concept □ Tentative (Optional) □ Final □ Instrument
FEES ATTACHED □ YES □ NO
TYPE OF DEVELOPMENT PROPOSED □ Single unit dwelling □ Other (specify)
APPROVAL REQUESTED FOR LOT(S) #
ASSESSMENT REQUESTED FROM DEPT OF ENVIRONMENT □ Yes □ No
IS THERE A REMAINDER LOT? □ Yes□ No
|
CERTIFICATION - ON-SITE SYSTEM 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 _______________________________________
|
WATER SERVICES
Existing
Proposed
CENTRAL SYSTEM □ □
DRILLED WELL □ □
DUG WELL □ □
OTHER (SPECIFY)
|
SEWER SERVICES
Existing
Proposed
CENTRAL SYSTEM □ □
ON-SITE □ □
|
ACCESS
Existing Proposed
MUNICIPAL PUBLIC
STREET □ □
PROVINCIAL PUBLIC
STREET □ □
PRIVATE ROAD □ □
OTHER (SPECIFY)
|
I certify that I am the owner or am acting with the owner's written consent. (Pertains only to final and
instrument applications.)
SIGNATURE OF SUBDIVIDER DATE
|
Schedule “B” - Schedule “B” Roads
Length
1. Peninsula Road, Freda's Peninsula, Municipality of the District of Chester from
the end of the listed public road named Peninsula Road to a distance of 970 feet.
2. Douglas Road (also known as Vaughn Road), Western Shore, Municipality of
the District of Chester from the intersection of that road with the Lawrence Hatt
Road for a distance of + 152 metres intended to be to the end of the central
sewer line located within the Douglas Road.
3. First Road, Clark's Harbour, from its intersection with the public road for a
distance of 368 feet.
Schedule “C” - Notice of Approval of a Plan of Subdivision
in accordance with subsections 285(3) and 285(4) of the
Municipal Government Act
Name of Owner(s)
Name of Subdivision
Location
Date of Approval For Lot(s)
Surveyor Date of Plan
Dated this _____ day of
, Development Officer
(DATE) (YEAR)
Plan of Subdivision filed in the registry of deeds as Plan #
Dated this ____ day of
,
(DATE) (YEAR)
This plan of subdivision may also contain information regarding the lots
approved on this plan with respect to one or more of the following:
1. The lots' eligibility for on-site sewage disposal systems.
2. The availability of central sewer and water systems.
3. Information indicating whether or not the lots abut a public
street or private road.
|
Schedule “D” - Instrument of Subdivision
AN INSTRUMENT RESPECTING THE SUBDIVISION OF LAND IN ACCORDANCE
WITH SECTION 269 OF THE MUNICIPAL GOVERNMENT ACT FOR THE
MUNICIPALITY OF THE OF
LANDS OF
LOCATED AT
Based on the information contained in this Instrument of Subdivision,
Lots are APPROVED.
IMPORTANT NOTICE:
This approval does not warrant the size, location, or boundaries of the
lots described in the instrument and the development officer has no
duty to verify the information submitted by the applicant as to the
size, location, or boundaries of the lots.
The information shown on this instrument may not be acceptable to
municipal development officers or building inspectors for any
building or development permits.
DEVELOPMENT OFFICER
DATE
|
Declaration
I, We of ______________ in the County of _______________,
Province
of Nova Scotia, do solemnly declare:
1. THAT (I, we) (am, are) the owner(s) of the area(s) of land as shown on the graphic
representation (sketch).
2. THAT (I, we) have shown the registry of deeds book and page numbers of the
area(s) of land on the graphic representation.
3. THAT (I, we) intend to subdivide the area(s) of land as shown on the graphic
representation in this instrument into Lots .
4. THAT (I, we) make this solemn declaration conscientiously believing the same to
be true and to have the same force and effect as if made under oath and by virtue
of the Canada Evidence Act.
Declared before me at ________________, )
in the County of ____________________, )
Province of Nova Scotia, this ____ day of )
_____________________, A.D.,________, )
(DATE) (YEAR) )
__________________________________ )
Commissioner of Oaths
Province of Nova Scotia Owner(s') Signature(s)
|
|
SCALE:
I certify that the above graphic representation accurately
represents my property
Owner(s’) Signature(s)
|
LOCATION MAP
|
TITLE BLOCK
INSTRUMENT OF
SUBDIVISION
Lands of :
|
Schedule “E1” - Application for Repeal of a Subdivision
Plan of Subdivision ☐ or Instrument of Subdivision ☐ File Number _________
APPLICANT RELATED INFORMATION
Name of Land Owner(s) Phone
Address of Land Owner(s) Postal Code
Documents To Be Returned To
Correspondence To Be Directed To
INFORMATION RELATED TO THE SUBDIVISION SOUGHT TO BE REPEALED
Name of applicant for subdivision approval
Location ____________________ Municipality
The subdivision was approved on the _____ day of _______________ , ________.
(YEAR)
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 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 the full knowledge and consent of all persons with legal
interest, including mortgagees, in the lands affected by the repeal and that these persons have
co-signed this application.
Signature of owner/agent Date
Co-Signer Date
SCHEDULE “E2”
APPLICATION FOR REPEAL OF A SUBDIVISION
TO CONSOLIDATE TWO OR MORE PARCELS
(subsection 79(2) of the Provincial Subdivision Regulations)
Plan of Subdivision: [ ] or Instrument of Subdivision: [ ]
APPLICANT-RELATED INFORMATION
Name of land owner(s): Phone:
Address:
Postal Code:
Documents to be returned to:
Correspondence to be directed to:
SUBDIVISION-RELATED INFORMATION
Name of applicant for subdivision approval:
Location of subdivision:
The subdivision was approved on _______________ (day/month/year), and filed in the
Registry of Deeds at ___________________, in the Municipality of ________________, in
the County of ______________________ as #_____________________.
Lot(s)# , were approved and repeal is sought for lot(s) # .
Registration fee submitted: [ ]
CERTIFICATION OF FACTS (Reason for repeal)
(If more space is required, attach an additional sheet.)
I certify that the information is [in] this application is true and complete and to my knowledge
no deed to effect the consolidation of the lots mentioned exists.
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(print name)
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(signature of owner/agent)
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(date)
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Schedule “F” - Repeal of a Subdivision
Plan of Subdivision ☐ or Instrument of Subdivision ☐
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 Instrument ☐orOnly Lots #
Dated at ________________ in the ____________________, Province of Nova Scotia, this
_____ day of ______________________________________, .
(DATE)(YEAR)
Development Officer
Please note: Any lot or parcel created by this repeal may not be eligible for development.
Schedule “G” - Stopping Sight Distances
STOPPING SIGHT DISTANCES
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LOT
NO.
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SPEED
ZONE
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DISTANCE
FROM LOT
CORNER
LEFT/RIGHT
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LEFT
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RIGHT
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PASS OR
FAIL*
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COMMENT
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GRADE
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DISTANCE
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GRADE
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DISTANCE
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*According to the Government of Nova Scotia Management Manual 23, Department of Transporation and
Infrastructure Renewal Management, Chapter 8, Construction and Maintenance.
Signed:_________________________________
Nova Scotia Land Surveyor