Subdivision Regulations

N.S. Reg. 440/2008

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

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)

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;

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

(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.

(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.

(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.

(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.”

(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

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.

(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]

(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

(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.

(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

(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

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.

(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

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.

(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.

(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

(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.

(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”.

(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

(

a) the subdivider, and

(

b) any agency which provided an assessment or recommendations on the

original plan or instrument of subdivision.

(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

(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.)

OWNER’S CERTIFICATE

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.

(print name)

(signature of owner/agent)

(date)

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

LOT

NO.

SPEED

ZONE

DISTANCE

FROM LOT

CORNER

LEFT/RIGHT

LEFT

RIGHT

PASS OR

FAIL*

COMMENT

GRADE

DISTANCE

GRADE

DISTANCE

*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

Legislative History

Reference Tables

Provincial Subdivision Regulations

N.S. Reg.

38/1999

Municipal Government Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Provincial Subdivision Regulations made

under the Municipal Government Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

38/1999

Apr 1, 1999

date made

May 7, 1999

111/2003

Jun 3, 2003

date made

Jun 27, 2003

440/2008

Dec 4, 2008

date made

Dec 19, 2008

The following regulations are not yet in force and

are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

f) defn , of “private road” ...............

am. 111/2003

f) defn . of “private

road”, ( i ) ....

am. 111/2003

2(fa) defn . of “proposed lot” ............

ad. 111/2003

2(ha) defn . of “public

street” ............

ad. 440/2008

m) defn . of “unmaintained

public street” .............................................

ad. 440/2008

3 ........................................................

ra. as 3(1) 440/2008

3(1) ..............................................

ra. from 3 440/2008

3(2) ..............................................

ad. 440/2008

4(b) ...................................................

am. 440/2008

6(2) ...................................................

am. 440/2008

10 ......................................................

rep. 111/2003

13(1) .................................................

am. 111/2003

14 ......................................................

ra. from 14(1) 111/2003 ; rs . 440/2008

14(1) .................................................

ra. as 14 111/2003

14(2) .................................................

rep. 111/2003

20(1) .................................................

am. 111/2003

20( 1)( ba ) ......................................

ad. 111/2003

20(1)(c) ........................................

am. 111/2003

20(1)(e) ........................................

am. 111/2003

20(1)(k) .......................................

am. 111/2003

20(2) .................................................

rs . 111/2003

20(3)-(5) ...........................................

ad. 111/2003

23 ......................................................

am. 111/2003

23(a) ............................................

rs . 111/2003

23(c) ............................................

am. 440/2008

23A ...................................................

ad. 111/2003

25 ......................................................

am. 111/2003

26 ......................................................

am. 111/2003

35 ......................................................

am. 111/2003

37 ......................................................

am. 111/2003

38 ......................................................

am. 111/2003

39(2)(f) .............................................

rs . 111/2003

39(2)(g) .............................................

am. 111/2003

39(2)(j) .............................................

am. 111/2003

39(2)(k) .............................................

am. 111/2003

39(2)(m) ...........................................

am. 111/2003

39(3) .................................................

rs . 111/2003

39(4) .................................................

ra. as 39(7) 111/2003

39(4) .................................................

ad. 111/2003

39(5)-(6) ...........................................

ad. 111/2003

39(7) .................................................

ra. from 39(4) 111/2003 ;

am. 111/2003

39(8) .................................................

ad. 111/2003 ; rep. 440/2008

42 ......................................................

am. 111/2003

42(a) ............................................

rs . 111/2003

42(c) ............................................

am. 440/2008

42A ...................................................

ad. 111/2003

45 ......................................................

am. 111/2003

47 ......................................................

am. 111/2003

49(2)(e) .............................................

rs . 111/2003

49(2)(f) .............................................

am. 111/2003

49(2)( i ) .............................................

am. 111/2003

49(2)(j) .............................................

am. 111/2003

49(2)(l) .............................................

am. 111/2003

49(3) .................................................

rs . 111/2003

49(4) .................................................

ra. as 49(8) 111/2003

49(4) .................................................

ad. 111/2003

49(5)-(6) ...........................................

ad. 111/2003

49(7) .................................................

ad. 111/2003 ; am.

440/2008

49(8) .................................................

ra. from 49(4) 111/2003 ;

am. 111/2003

52 ......................................................

am. 111/2003, 440/2008

52(a) ............................................

rs . 111/2003

52(c) ............................................

am. 440/2008

52A ...................................................

ad. 111/2003

56 ......................................................

am. 111/2003

62 ......................................................

am. 111/2003

62(a) ............................................

am. 440/2008

63(1) .................................................

am. 111/2003

63(1)(iii) ......................................

rep. 111/2003

63(4)(c) .............................................

rs . 111/2003

63(4)(d) .............................................

am. 111/2003

63(4)(g) .............................................

am. 111/2003

63(4)(h) .............................................

am. 111/2003

63(4)(j) .............................................

am. 111/2003

63(5) .................................................

rs . 111/2003

63(6)-(8) ...........................................

ad. 111/2003

66 ......................................................

am. 111/2003

66(a) ............................................

rs . 111/2003

66A ...................................................

ad. 111/2003

70 ......................................................

am. 111/2003

76 ......................................................

am. 111/2003

76(a) ............................................

am. 440/2008

78 ......................................................

am. 440/2008

79 ......................................................

ra. as 79(1) 440/2008

79(1) ............................................

ra. from 79 440/2008 ;

am. 440/2008

79(2) ............................................

ad. 440/2008

Schedules

Schedule “A”—Application for Subdivision Approval ....................

am. 111/2003

Schedule “E”—Certification of Facts

ra. as

Schedule “E1”

440/2008

Schedule “E1”—Certification of Facts ........................................................

ra. from

Schedule “E”

440/2008

Schedule “E2”—Application for Repeal of a Subdivision

to Consolidate Two or More Parcels ..................................

ad. 440/2008

Schedule “G”—Stopping Sight Distances ........................................................

ad. 111/2003

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

The reference in s. 5(2) to the Department of

Environment should be read as references to the Department of Environment and

Labour and Minister of Environment and Labour in accordance with Order in

Council 2000-484 under the Public Service Act , R.S.N.S. 1989, c. 346.

Oct 1, 2000

The reference in s. 5(2) to the Department of

Environment should be read as references to the Department of Environment in

accordance with Order in Council 2008-161 under the Public Service Act ,

R.S.N.S. 1989, c. 346.

Apr 1, 2008

The reference in s. 5(2) to the Department of

Environment should be read as references to the Department of Environment and

Climate Change in accordance with Order in Council 2021-60 under the Public

Service Act , R.S.N.S. 1989, c. 376.

Feb 23, 2021

The references in s. 2(

m) and 3(2) to the Department of

Transportation and Infrastructure Renewal should be read as references to the

Department of Transportation and Active Transit in accordance with Order in

Council 2021-56 under the Public

Service Act , R.S.N.S. 1989, c. 376.

Feb 23, 2021

The references in s. 2(

m) and 3(2) to the Department of

Transportation and Infrastructure Renewal should be read as references to the

Department of Public Works in accordance with O.I.C. 2021-209 under the Public Service Act , R.S.N.S. 1989, c.

Aug 31, 2021

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

66/1995

Provincial Subdivision Regulations

Apr 7, 1995

Apr 1, 1999

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.

Document details

Collection	Nova Scotia — Regulations
Citation	N.S. Reg. 440/2008
Date	2008-01-01
Type	regulation
Volume / chapter	just regulations regs mgsubdiv.htm
Language	en
Format	htm
Source	PROVINCIAL
Identifier	9fac3d758a6533c60c87503d52a42e992120b0d7

Source file is stored in the law ingest library (htm).

Subdivision Regulations

Part II .

Section 270 of the

Table of Contents

Short title

Interpretation

Schedule “A” - Application for Subdivision Approval

Schedule “B” -

Schedule “B” Roads

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

Short title

Interpretation

Section 8;

Section 20 of the

Schedule “B” of previous provincial

Schedule “B” of these regulations;

Schedule “B” road.

Section 279 of the Act provided all

Section 3 and the lot frontage requirements of clause 4(a), the

Section 3 and the lot area and frontage requirements of clause

Section 3 and the lot frontage requirements of clause

Schedule

Schedule “B” road.

Schedule “B” roads;

Schedule “B” roads as issued pursuant to the

Schedule “A” of these regulations.

Section 23 shall forward a written report of their assessments or

Schedule “A” of these regulations.

Section 31 shall forward a written report of their assessments or recommendations

Section 31.

Section 284 of the Act.

Section 39 of these regulations.

Schedule “B” roads;

Schedule “B” roads as issued pursuant to the

Schedule “A” of these regulations.

Section 42 shall forward a written report of their assessments or

Section 284 of the Act.

Section 49 of these

Schedule “B” roads;

Schedule “B” roads as issued pursuant to the

Schedule “G” completed by a Nova Scotia

Schedule “A” of these regulations.

Section 52 shall forward a written report of their assessments or

Part V of the Act; and

Section 52.

Section 284 of the Act.

Schedule “C” of these regulations; and

Section 56 of these regulations.

Section 64, the subdivider

Schedule “D” of these regulations.

Schedule “D” shall show

Schedule “B”

Schedule “B” roads as issued pursuant to the civic addressing

Schedule “A” of these regulations.

Section 66 shall forward a written report of their assessments or

Part V of the Act; and

Section 66.

Section 284 of the Act.

Section 70 of these regulations.

Schedule “E1” or “E2”.

Schedule “F”.

Section 83

Section 84.

Schedule “A” - Application for Subdivision Approval

FOR OFFICE USE ONLY

SCHEDULE “A”

SUBDIVIDER REL[ S ]ATED INFORMATION

NAME OF LAND OWNER(

SUBDIVISION NAME (IF DIFFERENT FROM OWNER)

DOCUMENTS TO BE RETURNED TO

CORRESPONDENCE TO BE DIRECTED TO

LAND TO BE SUBDIVIDED

LOCATION MUNICIPALITY

PARCEL IDENTIFIER

FEES ATTACHED □ YES □ NO

APPROVAL REQUESTED FOR LOT(S) #

_____________, A.D.,, )