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2008-07-22_CM_SDB_OfficialVersion MUNICIPALITY OF THE DISTRICT OF CHESTER SUBDIVISION BY-LAW Effective 28 June 2000 This CONSOLIDATED EDITION is prepared for convenience only. For complete reference, please consult the original documents. This CONSOLIDATED EDITION has the following history: 1) Compiled 28 June 2000 from the documents adopted by Council on 29 May 2000, reviewed by Service Nova Scotia and effective 28 June 2000. 2) Amended 12 May 2004 (a) to incorporate the 3 June 2003 amendments to the Provincial Subdivision Regulations, (b) to correct various typographical errors, (c) to incorporate provisions of the 28 January 2004 Chester Village Area Secondary Planning Strategy, (d) to require an engineer to certify construction of private roads. 3) Amended 8 June 2005 Section 38 (e) to accept recreational trails and Section 39 to specify waterfront land. 4) Amended 5 Sept. 2007 Sections 40 and 41 to exempt the first 3 lots from Public Open Space fees. 5) Amended 22 July 2008 Multiple amendments to concept plans, private roads, Public Open Space requirements. Chester Subdivision By-law...2 TABLE OF CONTENTS PART 1 AUTHORITY AND TITLE .................................................................................................................... 3 PART 2 ADMINISTRATION .............................................................................................................................. 3 PART 3 INTERPRETATION............................................................................................................................... 3 PART 4 DEFINITIONS ....................................................................................................................................... 3 PART 5 LOT ACCESS ....................................................................................................................................... 5 PART 6 PUBLIC HIGHWAYS ............................................................................................................................ 8 PART 7 PRIVATE ROADS - GENERAL ............................................................................................................ 8 PART 8 PRIVATE ROADS - CONSTRUCTION................................................................................................. 9 PART 9 WATER SUPPLY ................................................................................................................................ 10 PART 10 SANITARY SEWERS ........................................................................................................................ 10 PART 11 PUBLIC OPEN SPACE .................................................................................................................... 11 PART 12 CONSTRUCTION OF SERVICES ..................................................................................................... 12 PART 13 PRELIMINARY PLANS OF SUBDIVISION - Optional ..................................................................... 14 PART 14 CONCEPT PLANS ............................................................................................................................. 17 PART 15 TENTATIVE PLANS OF SUBDIVISION .......................................................................................... 20 PART 16 FINAL PLANS OF SUBDIVISION .................................................................................................... 25 PART 17 SUBDIVISION BY INSTRUMENT ................................................................................................... 31 PART 18 REPEAL OF A SUBDIVISION .......................................................................................................... 36 Schedule A - Application for Subdivision Approval Schedule B - Schedule “B” Roads Schedule C - Notice of Approval Schedule D - Instrument of Subdivision Schedule E - Application for Repeal of a Subdivision Schedule F - Repeal of a Subdivision Schedule G - Public Open Space Evaluation Schedule H - Stopping Sight Distances Chester Subdivision By-law...3 PART 1 AUTHORITY AND TITLE 1 This By-law is enacted by the Council of the Municipality of the District of Chester under the provisions of Sections 271-274 of the Municipal Government Act (S.N.S. 1998, ch. 18) 2 This By-law may be cited as the "Subdivision By-law" of the Municipality of the District of Chester. PART 2 ADMINISTRATION 3 This By-law shall be administered by the Municipal Development Officer of the Municipality appointed under the authority of the Municipal Government Act. 4 In the absence or incapacity of the Development Officer, the acting Development Officer appointed by Council shall act in the Development Officer's stead. PART 3 INTERPRETATION 5 The Metric System of measurement is used throughout this By-law. Imperial Measurements are approximate only, for convenience only, and in all cases of conflict between Imperial Measure and Metric Measure, the Metric Measure shall prevail. PART 4 DEFINITIONS 6 In this By-law: (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 13; (c) Council means the Council of the Municipality; (d) Central sewer system means a system of pipes and associated facilities for the collection and disposal of sewage from four (4) or more lots. (e) Central water system means a system of reservoirs and pipes which supplies potable water to four (4) or more lots; (f) engineer means the engineer of the municipality and includes a person acting under the supervision and direction of the engineer; (g) lot means any parcel to be created by the filing of a plan of subdivision or the registering of an instrument of subdivision; (h) Municipality means the Municipality of the District of Chester; (i) Municipal Specifications means the specifications for design and construction of public highways, central sewer systems and central water systems adopted by Council. Chester Subdivision By-law...4 (j) 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 highway, 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 Transportation and Public Works, and (vi) shown on a plan of subdivision approved prior to the first day of August, 1987 and filed in the registry of deeds; (ja) Proposed lot means any lot being proposed to be created by a plan or instrument of subdivision, including a remainder lot; (k) Province means Her Majesty the Queen in right of the Province of Nova Scotia; (l) Public highway means any street or road owned and maintained by the municipality, a Town or the Province excluding designated controlled access highways pursuant to Section 20 of the Public Highways Act; (m) 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; (n) 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 this by-law; (o) subdivider means the owner of the area of land proposed to be subdivided and includes anyone acting with the owner's written consent; (p) 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. Chester Subdivision By-law...5 PART 5 LOT ACCESS 7 ROAD ACCESS All lots shall abut (a) a public highway; (b) a private road; or (c) a Schedule “B” road. 8 LAND USE BY-LAW 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 7 (b) and 7 (c), and Sections 10, 11, 13, 14,16 and 18 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. 9 DELETED 10 10% VARIANCE (1) Notwithstanding the lot area and frontage requirements of clause 8 (a) and Section 9A, 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 this by-law are met. (2) Subsection (1) does not apply if the area requirements established by the Department of the Environment and Labour for the construction or installation of an on-site sewage disposal system are not met. 11 ISLANDS (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 7 and the lot frontage requirements of clause 8 (a), the development officer may approve a subdivision on an island which does not contain a public highway provided each lot either has water frontage of at least 6 metres (19.7 feet) or has access to the watercourse by means of a right-of-way at least 6 metres (19.7 feet) wide. 12 BOUNDARY ALTERATION (1) Notwithstanding Section 7 and the lot area and frontage requirements of clause 8 (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 Chester Subdivision By-law...6 (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 56 (2)(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." 13 ACCESS EXEMPTION - ONE LOT (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. Chester Subdivision By-law...7 (2) One lot that does not meet Section 7 and the lot frontage requirements of clause 8 (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 highway, 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 highway, a private road, or a Schedule “B” road. 14 ENCROACHMENTS (1) Notwithstanding the lot area and frontage requirements of clause 8 (a) and Section 9 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 12 (2) shall apply. 15 DELETED 16 MAIN BUILDING (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 8 (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 and Labour. 17 LOT SHAPE Lots shall not be subdivided to create a width or depth of less than 6 metres (19.7 feet). 18 ACCESS EXEMPTION - MULTIPLE OWNERSHIP Any area of land held in joint tenancy or tenancy in common may be divided into lots without regard to the requirements of Section 7 or the frontage requirements of Section 8 (a) provided that (a) the area of land was so held prior to the effective date of this by-law; and (b) the number of lots created does not exceed the number of tenants in the area of land prior to the effective date of this by-law. Chester Subdivision By-law...8 PART 6 PUBLIC HIGHWAYS 19 CONTINUE EXISTING ROADS Any public highway or private road on a plan of subdivision submitted for approval shall, if reasonably possible and not in violation of this By-law, be laid out in prolongation of any public highway or private road which abuts the boundaries of the land to be subdivided. 20 CONNECT PROPERTIES A private road or a right-of-way for a Public Highway shown on a plan of subdivision submitted for approval shall, if reasonably possible, extend to adjacent properties and adjacent watercourses at a minimum of every 400 metres (1312 feet) along the boundary of the adjacent property and watercourse. 21 RE-NUMBERED AS 27A 22 APPROVAL (1) All proposed municipal public highways shall be approved by the engineer in accordance with the Specifications for the Design and Construction of Municipal Public Highways adopted by Council. (2) Where a proposed municipal Public highway intersects a provincial public highway, that intersection shall be approved by the Department of Transportation and Public Works. 23 LOT ACCESS A proposed lot which abuts a Public highway shall have access to a Public highway approved by the authority having jurisdiction for the Public highway which will be accessed. 24 AUTHORITY TO IDENTIFY Where a plan or instrument of subdivision shows a proposed lot abutting an existing Public highway, the authority having jurisdiction shall verify that the street or road is a Public highway. PART 7 PRIVATE ROADS - GENERAL 25 SEPARATE LOT 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 8 (a) and Section 9. 26 WIDTH A private road shall have a minimum width of 20 metres (65.6 feet), or such greater width as required by Section 29. 27 INTERSECTION The intersection of a private road with a public highway shall be approved by the authority having jurisdiction for the public highway. 27A SHOW ROADS Where private roads or Schedule "B" Roads are required by any Sections of this By-law, the entire length of the right-of-way shall be shown and identified on the plan as being intended to provide access to the proposed lots. Chester Subdivision By-law...9 28 BOUNDARIES (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 8 (a) or Section 9. 29 DESIGN Where a private road gives access to more than six (6) lots created through Subdivision approval, the right-of-way width, alignment and drainage of a private road shall conform to the “Specifications for Design and Construction of Municipal Public Highways” adopted by Council. 30 LIMIT ON LOTS A maximum of six lots may be approved after 1 April 2000 abutting a private road which does not satisfy Section 29. PART 8 PRIVATE ROADS - CONSTRUCTION 30(A) EXISTING CONSTRUCTION Lots may be approved abutting a private road which (a) is shown on a tentative plan of subdivision approved prior to 1 April 2008 and which has been certified by a Nova Scotia Professional Engineer as having been constructed to the private road construction requirements in effect at that time, or (b) is shown on a preliminary plan or a concept plan application received by the development officer prior to 1 April 2008 and which has been certified by a Nova Scotia Professional Engineer as having been constructed to the private road construction requirements in effect at that time, 31 CONSTRUCTION REQUIRED (1) Subject to Subsection (3), where a private road gives access to more than six (6) lots, a roadbed shall be constructed within the right-of-way of the private road in conformance with the requirements of the Municipal Specifications adopted by Council prior to endorsement of approval on the final plan of subdivision. (2) Subject to Subsection (3), where construction of a roadbed is required under Subsection (1), the subdivider shall provide to the Municipality prior to endorsement of approval on the final plan a certificate from Nova Scotia Professional Engineer identifying the specific private roads, or portions of them, to which the certificate applies, and certifying that those private roads (or portions of them) have been constructed in accordance with the Municipal Specifications adopted by Council. (3) Where the Municipal specifications adopted by Council require a public highway to be paved, a private road is exempt from this requirement. Chester Subdivision By-law...10 32 PERFORMANCE BOND The requirements of Section 31 may be waived where: a) the private road gives access to more than six (6) lots; and, b) construction of the roadbed is guaranteed by an agreement and performance bond or other acceptable security in conformance with the requirements of Section 48. 33 DELETED 34 DELETED PART 9 WATER SUPPLY 35 Where four (4) or more lots are to be served by a common water supply, the subdivider shall design, lay out and construct a central water system to service every proposed lot in conformance with the requirements of the Municipal Specifications. 35A Where twenty (20) or more lots are to be created in an area which is not served by a common water supply, the subdivider shall provide a report by a qualified person on the quality and capacity of the local water supply for potable water and for fire fighting purposes. PART 10 SANITARY SEWERS 36 Where four (4) or more lots are to be served by a common sewage system, the subdivider shall design, layout and construct all central sewer systems to service each proposed lot in conformance with the requirements of the Municipal Specifications and where possible connect these sewers with an existing municipal central sewer system. 37 Where a proposed lot contains a dwelling, either the lot shall be large enough for on-site sewage disposal as determined by a qualified person under the Nova Scotia “”On-site Sewage Disposal Regulations” or the dwelling shall be connected to an approved sewer system. Chester Subdivision By-law...11 PART 11 PUBLIC OPEN SPACE 38 USEABLE LAND For the purposes of this Part, "Useable land" means land which: a) has a minimum lot size of 929 square metres (10,000 sq. ft.) where sewer services are available or a minimum lot size sufficient for on-site sewage disposal where central sewer services are not available ; and b) has at least 6 metres (20 ft.) frontage on: a Public Highway; a Private Road; a Schedule "B" Road; or, in the case of an island which does not contain a Public Highway, on a watercourse; and c) is not subject to any easement, covenant, or other restriction which has a detrimental effect on its suitability for recreation purposes; and d) is not subject to any known environmental contamination which would have a detrimental effect on its suitability for recreational purposes; and e) meets or exceeds the overall minimum score on the evaluation sheet attached as Schedule "H" or, in lieu of satisfying that requirement, contains such unique physical, cultural or historical characteristics from the following list as determined by the Development Officer to provide unique and valuable recreation opportunities: i) steep slopes and run-out areas suitable for the sport of skiing; ii) marshland suitable for waterfowl feeding and breeding areas as an interpretive natural reserve with a minimum of 1 hectare (2 acres) in area; iii) beaches suitable for public swimming; iv) vehicular access to navigable water, suitable for boat launching and retrieval; v) land containing structures or buildings of significant historical value to the community and useable for public purposes. vi) land suitable for development of recreational trails. 39 5% REQUIRED (1) Prior to endorsement of approval on the final plan of subdivision, the subdivider shall transfer to the Municipality for trails, park, playground and similar public purposes an area of useable land of good and marketable title equal to five percent (5%) of the area subdivided in the final plan of subdivision excluding streets, roads and the residue of land owned by the subdivider; or cash in lieu of equivalent value, subject to the provisions of Sections 43 and 44. (2) The conveyance of land referred to Subsection (1) shall be in accordance with the policy on procedure adopted from time to time by Council and shall be based on a survey plan of the lands conveyed. 39A If the land being subdivided has frontage on the ocean, a river or a lake, any land transferred in accordance with Section 39 shall include either: useable land with frontage on the ocean, river or lake; or land suitable for public access to the ocean, river or lake. Chester Subdivision By-law...12 40 WAIVER Council hereby waives the requirements of Section 39 of this By-law, where: a) No new vacant lots are created except the remainder lot; or b) The subdivision is the consolidation of two or more lots; or c) lot boundaries are changed but no new vacant lots are created; or d) the subdivision creates a maximum of three lots out of any area of land as it existed on 1 June 2007, but this waiver shall not apply where the lots are part of a more extensive subdivision shown on an approved concept or tentative plan of subdivision. 41 DELETED 42 REFERRAL Where a subdivider proposes to convey useable land in accordance with Section 40, the Development Officer shall refer such proposals to the Recreation Director of the Municipality for comments. 43 COMBINATION Council may accept, under Section 39, a combination of useable land and cash in lieu of land equal to the amount of the transfer required. 44 OUTSIDE OPEN SPACE A subdivider may offer to the council, and the council may accept, an area of useable land of equivalent value outside the area being subdivided and within the boundaries of the Municipality. PART 12 CONSTRUCTION OF SERVICES 45 INSPECTION The subdivider shall permit the Municipal Engineer to inspect the construction of roads and services at any reasonable time, and shall advise the Municipal Engineer of the dates, sites and times of any required inspection or testing of water systems, sewer systems, or roads. 46 DEVIATIONS No deviation from the plans, drawings and specifications required by Subsection 49 (1) shall take place during construction unless such deviation is approved by the Municipal Engineer. 47 DUTY ON COMPLETION When the Municipal Engineer has determined that the Private Roads, Municipal Public Highways, central water systems, and central sewer systems have been constructed as required by this By-law, and within thirty (30) days of being notified of such determination, the subdivider shall: a) Provide the Municipal Clerk with the "as built" reproducible engineering drawings conforming with the applicable requirements of the Municipal Specifications; and b) Provide the Municipal Clerk with all necessary operating and procedural manuals for each water or sanitary sewer system; and c) Provide the Municipal Clerk with reports of all required tests to indicate that the central Chester Subdivision By-law...13 water and central sewer systems are operating to the standard required by the Municipal Specifications. d) Except in the case of roads and systems which are not to be owned or maintained by the Municipality, post for one (1) year, a maintenance bond or other security acceptable to the council in an amount equal to ten percent (10%) of the actual cost of construction; and e) Except in the case of roads and systems which are not to be owned or maintained by the Municipality, transfer to the Municipality title in fee simple to all plants and assets necessary to the operation of the, public highways, central water systems and central sewer systems together with easements sufficient for the maintenance of all services, public highways and Public highway drainage systems, such title and easements to be conveyed free of encumbrances and at no cost to the Municipality; and f) convey the lands and rights referred to in Paragraph (e) in accordance with the conveyance procedure policy adopted by Council from time, and in accordance with a plan of survey. 48 CONSTRUCTION AGREEMENT AND BOND (1) Where the subdivider wishes the subdivision plan to be approved prior to construction of roads or services, the subdivider shall, with the consent of Municipal council, enter into an agreement with the Municipality to carry out and complete the required construction according to the requirements of this By-law within a period of time as set out in the agreement and shall also post a performance bond or other security acceptable to the Municipality to guarantee such agreement, in the amount of one hundred twenty-five percent (125%) of the total estimated cost of supplying such construction. (2) The estimated cost required by Subsection (1) shall include a detailed cost breakdown and be prepared over the stamp of a Professional Engineer. (3) The Municipal Engineer shall review the estimate and shall advise Council of the adequacy of the size of the performance bond or other security. (4) The agreement required by Subsection (1) shall require the subdivider to transfer to the Municipality title in fee simple to all plants and assets necessary to the operation of central sewer systems, together with easements sufficient for the maintenance of all services, such title and easements to be conveyed free of encumbrances and at no cost to the Municipality. (5) The agreement required by Subsection (1) shall require the subdivider to transfer to the Municipality title in fee simple to all plants and assets necessary to the operation of central water systems which are to be owned and maintained by the Municipality, together with easements sufficient for the maintenance of all services, such title and easements to be conveyed free of encumbrances and at no cost to the Municipality. (6) The agreement required by Subsection (1) shall require the subdivider to transfer to the Municipality title in fee simple to all road rights-of-way and roadbeds necessary to the operation of Public Highways which are to be owned and maintained by the Municipality, together with easements sufficient for the maintenance of all associated road drainage systems, such title and easements to be conveyed free of encumbrances and at no cost to the Municipality. (7) The agreement required by Subsection (1) shall require the subdivider to provide to the Municipality a certificate from Nova Scotia Professional Engineer identifying the specific private roads, or portions of them, to which the certificate applies, and certifying that those Chester Subdivision By-law...14 private roads (or portions of them) have been constructed in accordance with the Municipal Specifications adopted by Council. 49 PLAN APPROVAL (1) Where private roads, municipal public highways, central water systems or central sewer systems are required, the Development Officer shall not approve a Tentative Plan of subdivision until the subdivider has submitted plans, drawings and specifications which satisfy the requirements of Subsection 54 (5) and the Municipal Specifications. (2) Where a private road, municipal public highway, central water system or a central sewer system are required, the Development Officer shall not approve a final plan of subdivision, until the requirements of Section 47 or of Section 48 have been met. (3) Within the Protected Watershed Zone in the area of land around Spectacle Lake, as defined by the Chester Village Area Secondary Planning Strategy, the Development Officer shall not approve a Tentative Plan or a Final Plan of subdivision until the requirements of Subsection 54 (10) have been met. PART 13 PRELIMINARY PLANS OF SUBDIVISION - Optional 50 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 highways, private roads, and Schedule “B” roads; (j) the name of existing and proposed public highways (and the authority number), private roads, and Schedule “B” roads as issued pursuant to the civic addressing Chester Subdivision By-law...15 system; (k) the graphic representation of lots being created shown by solid lines, and the vanishing boundaries of existing areas of land being resubdivided, consolidated or both, shown as broken lines; (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 and Labour pursuant to clause 51 (3) the information listed in subsection (3) below is required for the following proposed lots: (a) a proposed lot which is being created for a purpose that will require the construction of an on-site sewage disposal system; or (b) a proposed lot which is being divided from an existing area of land, contains an on-site sewage disposal system, and (i) is 9,000 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 and Labour, the following additional information is required for proposed lots referred to in subsection (2) above: (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 Chester Subdivision By-law...16 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 System 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 9,000 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, driveways, on-site sewage disposal system and well shall be provided. (5) For a proposed lot 9,000 square metres (96,878.4 square feet) or less in area or with a width of less than 76 metres (249.3 square 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 in the form specified in Schedule “A” must be completed. 51 PROCEDURE (1) Application for an evaluation of a preliminary plan of subdivision shall be made to the development officer in the form specified in Schedule "A" of these regulations. (2) The development officer shall comply with the notification and approval provisions of the Act. (3) A copy of the preliminary plan of subdivision shall be forwarded to (a) in areas not served by a central sewer, the Department of the Environment and Labour 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) above; (b) in areas served by a central sewer, the authority having jurisdiction for central sewers; (c) the authority having jurisdiction for public highways; and (d) any other agency of the Province or the Municipality which the development officer deems necessary. (4) A preliminary plan of subdivision that shows a proposed lot referred to in subsection 50 (5) shall be forwarded to the Department of Environment and Labour for confirmation that the Department is in agreement that the proposed lot does not require an on-site sewage disposal system. Chester Subdivision By-law...17 (5) Any agency which has been forwarded a copy of the preliminary plan of subdivision pursuant to Subsection 51 (3) shall forward a written report of their assessments or recommendations to the development officer. (6) The development officer shall inform the applicant in writing of the results of the evaluation of the preliminary plan of subdivision. PART 14 CONCEPT PLANS 52 REQUIREMENTS (1) A person proposing to subdivide an area of land within which new private roads, public highways, central sewer systems or central water systems are to be constructed shall submit to the development officer eight (8)copies of a concept plan of the entire area of land. This does not apply to those subdivisions of land for which preliminary plans or concept plans were received by the development officer prior to 1 April 2008. (2) 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 together with an estimated lot yield figure based on zoning and the applicable requirements for on-site sewage disposal; (b) name of property owner(s), the unique parcel identifier (PID) of the land, and name of all abutting land owners; (c) the proposed internal street system with pedestrian routes and 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) the location of all watercourses and wetlands within and adjacent to the area of land, any prominent rock formations, wooded area, area subject to flooding or ocean storm surge and any other prominent natural feature which might affect the provision or layout of services, lots and structures; (j) all existing registered easements, covenants, and rights-of-way; (k) any other information necessary to determine if the subdivision meets with municipal standards and accepted engineering practice as determined by the engineer. Chester Subdivision By-law...18 (3) The concept plan shall be accompanied by a traffic impact analysis prepared by a Professional Engineer, in which the level of detail is related to the scope of the development. (4) The concept plan shall be accompanied by eight copies of servicing schematics showing: (a) existing and proposed site storm drainage patterns with preliminary drainage calculations and pipe sizing; (b) existing and proposed sanitary sewer systems, with pipe sizes and pumping stations; (c) existing and proposed water distribution system, including provisions for fire suppression; (d) any other information required by the Development Officer to determine if the servicing arrangements conform to this by-law (5) Where the lot yield referred to in Clause 52(2)(a) above is greater than 20 lots without central water supply, the concept plan shall be accompanied by a report by a qualified person on the quality and capacity of the local water supply for potable water supply and fire suppression. 53 PROCEDURE (1) Application for approval of a concept plan shall be made to the development officer in the form specified in Schedule "A" of these regulations. (2) The development officer shall comply with the notification and approval provisions of the Act. (3) 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, archeological potential 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. (4) Any agency which has been forwarded a copy of the concept plan pursuant to Subsection 53 (3) shall forward a written report of their assessments or recommendations to the development officer. (5) Approval of a concept plan may not be refused or withheld as a result of the assessment or recommendations made by the Department of the Environment and Labour, the Department Chester Subdivision By-law...19 of Transportation and Public Works 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. (6) 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 Subsection 53 (3). (7) 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. (8) 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." (9) The development officer shall forward an approved copy of the concept plan to the applicant. Chester Subdivision By-law...20 PART 15 TENTATIVE PLANS OF SUBDIVISION 54 REQUIREMENTS (1) A person proposing to subdivide an area of land within which new private roads, public highways, central sewer systems or central water systems are to be constructed shall submit to the development officer eight (8) copies of the tentative plan of the proposed subdivision meeting the requirements of this Section. (2) 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. (3) 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 and location 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, Chester Subdivision By-law...21 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 highways, private roads, and Schedule "B" roads; (p) the name of existing and proposed roads, including public highways (and the authority 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; (ra) the location of the elevation contour 2 metres above the mean high water mark of the ocean, clearly labeled “storm surge elevation”; (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) the location of any existing access from a proposed lot to a Public highway; (y) any other information necessary to determine whether or not the plan of subdivision conforms to these regulations. (4) Where a tentative plan of subdivision is to be forwarded to the Department of Environment and Labour pursuant to clause 55 (3) the information listed in subsection (5) below is required for the following proposed lots: (a) a proposed lot which is being created for a purpose that will require the construction of an on-site sewage disposal system; or (b) a proposed lot which is being divided from an existing area of land, contains an on-site sewage disposal system, and Chester Subdivision By-law...22 (i) is 9,000 square metres (96,878.4 square feet) or less in area, or (ii) has a width of less than 76 metres (249.3 feet); (5) Unless the information already has been submitted to the Department of Environment and Labour, the following additional information is required for proposed lots referred to in subsection (4) above: (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 System Regulations. (6) For a proposed lot that is being divided from an existing area of land, contains an existing on-site sewage disposal system, and is more than 9,000 square metres (96,878.4 square feet) in area with a width of 76 metres (249.3 feet) or more, the lot layout including buildings, driveways, on-site sewage disposal system and well shall be provided. (7) For a proposed lot 9,000 square metres (96,878.4 square feet) or greater in area and a width greater 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 in the form specified in Schedule “A” must be completed. (8) In addition to meeting the requirements of Subsections (2), (3), (4) and (5) where the proposed lots front on a proposed public highway or proposed private road, a tentative plan of subdivision shall (a) show a boundary survey of the area of land proposed to be subdivided, excluding the remainder lot, certified and stamped by a Nova Scotia Land Surveyor in the manner required by the Land Surveyors Act and its regulations; (b) be accompanied by four copies of a plan showing (i) contours at 2 metre (6.6 foot) intervals, and drainage patterns, Chester Subdivision By-law...23 (ii) the width and location of proposed public highways and their intersection with existing public highways, and (iii) the location of existing and proposed central sewer and water systems and proposed connections thereto; and (iv) the location and capacity of the water supply for fire protection; and (c) be accompanied by two (2) copies of centerline profiles of proposed public highways. (d) where there are more than twenty lots shown on the tentative plan, be accompanied by a report from a qualified person on the quality and capacity of the water supply for potable water and fire fighting purposes. (9) For a proposed lot that will have access to a provincial public highway, the tentative plan of subdivision may be accompanied by or show stopping sight distances information in the form specified in Schedule “H” completed by a Nova Scotia Land Surveyor. (10) Where the proposed lots front on a public highway within the Protected Watershed Zone around Spectacle Lake, as required by the Chester Village Area Secondary Planning Strategy the tentative plan shall be accompanied by: (i) plans prepared by a Professional Engineer showing the measures that will be taken to ensure that specified substances are controlled; (ii) the required bond or other security acceptable to the Municipality 55 PROCEDURE (1) Application for approval of a tentative plan of subdivision shall be made to the development officer in the form specified in Schedule "A" of these regulations. (2) The development officer shall comply with the notification and approval provisions of the Act. (3) 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 and Labour 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; (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) above; (b) in areas served by a central sewer, the authority having jurisdiction for central sewers; Chester Subdivision By-law...24 (c) the authority having jurisdiction for public highways; and (d) any other agency of the Province or the Municipality which the development officer deems necessary. (3a) A tentative plan of subdivision that shows a proposed lot referred to in Subsection 54 (7) above shall be forwarded to the Department of Environment and Labour for confirmation that the Department is in agreement that the proposed lot does not require an on-site sewage disposal system. (4) Any agency which has been forwarded a copy of a tentative plan of subdivision pursuant to Subsection (3) shall forward a written report of their assessments or recommendations to the development officer. (5) Approval of a tentative plan of subdivision may not be refused or withheld as a result of the assessment or recommendations made by the Department of Environment and Labour , the Department of Transportation and Public Works 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. (6) 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. (7) 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." (8) The development officer shall forward a copy of the approved tentative plan of subdivision to the applicant and the surveyor. Chester Subdivision By-law...25 PART 16 FINAL PLANS OF SUBDIVISION 56 REQUIREMENTS (1) A subdivider proposing to subdivide an area of land shall submit twelve (12) copies of the final plan of subdivision meeting the requirements of this Section to the development officer for approval. (2) 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 Section 12 of this by-law; 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. (3) 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 and the location 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; Chester Subdivision By-law...26 (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 highways, private roads, and Schedule “B” roads; (p) the name of existing and proposed roads including public highways (and the authority 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) the location of any existing access from a proposed lot to a Public highway; (y) any other information necessary to determine whether or not the plan of subdivision conforms to these regulations. (4) Where the final plan of subdivision is to be forwarded to the Department of Environment and Labour pursuant to clause 57 (3) the information listed in subsection (5) below is required for the following proposed lots: (a) a proposed lot which is being created for a purpose that will require the construction of an on-site sewage disposal system; or (b) a proposed lot which is being divided from an existing area of land, contains an on-site sewage disposal system, and (i) is 9,000 square metres (96,878.4 square feet) or less in area, or Chester Subdivision By-law...27 (ii) has a width of less than 76 metres (249.3 feet); (5) Unless the information already has been submitted to the Department of Environment and Labour, the following additional information is required for proposed lots referred to in subsection (4) above: (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 System Regulations. (6) For a proposed lot that is being divided from an existing area of land, contains an existing on-site sewage disposal system, and is more than 9,000 square metres (96,878.4 square feet) in area with a width of 76 metres (249.3 feet) or more, the lot layout including buildings, driveways, on-site sewage disposal system and well shall be provided. (7) For a proposed lot 9,000 square metres (96,878.4 square feet) or greater in area and a width greater 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 in the form specified in Schedule “A” must be completed. (8) For a proposed lot that will have access to a provincial public highway, the final plan of subdivision may be accompanied by or show stopping sight distances information in the form specified in Schedule “H” completed by a Nova Scotia Land Surveyor. (9) Unless they have already been submitted, final engineering drawings for any services, including streets, to be conveyed to the Municipality shall accompany the final plan of subdivision. (10) Unless they have already been submitted and accepted, the engineering plans and security deposit referred to in Subsection 54 (10) shall accompany the final plan of subdivision. Chester Subdivision By-law...28 57 PROCEDURE (1) 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. (2) The development officer shall comply with the notification and approval provisions of the Act. (3) 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 and Labour 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 that all other proposed lots shown on the plan meet the requirements listed in subclause (i) above; (b) in areas served by a central sewer, the authority having jurisdiction for central sewers; (c) the authority having jurisdiction for public highways; and (d) any other agency of the Province or the Municipality which the development officer deems necessary. (4) Any agency which has been forwarded a copy of the final plan of subdivision pursuant to Subsection (3) shall forward a written report of their assessments or recommendations to the development officer. (5) A final plan of subdivision that shows a proposed lot referred to in subsection 56(7)shall be forwarded to the Department of Environment and Labour for confirmation that the Department is in agreement that the proposed lot does not require an on-site sewage disposal system. 58 PUBLIC OPEN SPACE Where a transfer to the Municipality of land or cash in lieu of land for Public Open Space is required by Section 39, the application for final approval shall be accompanied by or shall show on the Final Plan a proposal which satisfies the requirements of Section 39, and the Development Officer shall forward such proposal or plans to the Recreation Director of the Municipality. 59 LAND USE BY-LAW/BUILDING CODE BY-LAW Where buildings are shown on the plan of subdivision within 10 metres (32.8 ft.) of a new lot boundary, the Development officer shall forward a copy of the plan to the Building Inspector and to the Development officer administering the relevant Land Use By-law, asking them to identify any violation of the Land Use By-law or of the National Building Code. Chester Subdivision By-law...29 60 SEWER AND WATER APPROVALS Where a central water system, or a central sewer system is required by Sections 35 and 36, no approval of the Final Plan may be given until the applicant has obtained the required approvals of these systems from the appropriate provincial authority. 61 CONSTRUCTION OR AGREEMENT REQUIRED No approval of a Final Plan may be given unless the subdivider either has laid out and constructed roads, and any other services required in accordance with the provisions of Section 31 and Section 47 or has entered into an agreement with the Municipality according to Section 48. 61ASPECIAL CONSTRUCTION BOND No approval of a Final Plan may be given for lots abutting a Public Street in the Protected Watershed Zone established by the Chester Village Area Secondary Planning Strategy unless the Municipal Council has accepted the required bond or other security referred to in Subsection 54(10). 62 CONVEY PUBLIC OPEN SPACE No approval of a Final Plan may be given unless the subdivider has conveyed to the municipality an area of land, or cash in lieu, or a combination of land and cash, which satisfies the requirements of Sections 39 and 40. 63 APPROVAL REFUSED 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 and Labour , the Department of Transportation and Public Works 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. 64 FEES (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) the processing fee set by the authority having jurisdiction. (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. 65 CONSOLIDATION OR ADDITION 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. Chester Subdivision By-law...30 66 APPROVED PLAN The development officer shall forward an approved copy of the final plan of subdivision to the subdivider and the surveyor. 67 REFUSAL (1) 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 57. (2) 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. 68 APPROVAL AFTER CONVEYANCE 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. 69 STAMPS The following information shall be stamped or written and completed by the development officer on any final plan of subdivision which is approved: (a) "This final plan of subdivision is approved for Lots __________ "; (b) where applicable, (i)"___________________________ (is, are) suitable for the con- (lot(s) approved and/or remainder) struction or installation of an on-site sewage disposal system for__________________ and any conditions which apply are (proposed use) contained in a report dated ___________ and available from the Department of Environment and Labour "; IMPORTANT NOTICE (ii)" _________________________ (has, have) been created for a (lot(s) approved and/or remainder) purpose which does not require an on-site sewage disposal system and will not be eligible for a permit to install a system unless the requirements of the Department of Environment and Labour are met."; or (iii)" ___________________________(is, are) served by an exist- (lot(s) approved and/or remainder) ing on-site system and should a replacement system become necessary in future, approval of the replacement system from the Department of Environment and Labour is required". Chester Subdivision By-law...31 (c) where applicable, (i) a notation stating that access to the public highway 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 highways; (ii) where a lot which abuts a public highway 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. 70 REGISTRY OF DEEDS Within seven days of approving the plan, the development officer shall forward to the registry of deeds (a) one (1) approved copy 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 65 of these regulations. PART 17 SUBDIVISION BY INSTRUMENT 71 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 20,252 square metres (218,000 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 72, 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; Chester Subdivision By-law...32 (c) the unique Parcel Identifier (PID) of all areas of land being subdivided; (d) the civic number and location 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 highways, private roads, and Schedule “B” roads; (m) the name of existing public highways (and the authority 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) the location of any existing access from a proposed lot to a Public highway; Chester Subdivision By-law...33 (v) any other information necessary to determine whether or not the instrument of subdivision conforms to these regulations. (5) Where the instrument of subdivision is to be forwarded to the Department of Environment and Labour pursuant to clause 72 (3) the information listed in subsection (5) below is required for a proposed lot which 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 and Labour, the following additional information is required for proposed lots referred to in subsection (4) above: (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 System 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, driveways, on-site sewage disposal system and well shall be provided. (8) For a proposed lot 9,000 square metres (96,878.4 square feet) or less in area or with a width of less than 76 metres (249.3 square 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 in the form specified in Schedule “A” must be completed. 72 PROCEDURE (1) 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. (2) The development officer shall comply with the notification and approval provisions of the Act. Chester Subdivision By-law...34 (3) A copy of the instrument of subdivision shall be forwarded to (a) in areas not served by a central sewer, the Department of Environment and Labour 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 purposed 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) above; (b) in areas served by a central sewer, the authority having jurisdiction for central sewers; (c) the authority having jurisdiction for public highways; and (d) any other agency of the Province or the municipality which the development officer deems necessary. (3a) An instrument of subdivision that shows a proposed lot referred to in subsection 71 (7) above, shall be forwarded to the Department of Environment and Labour for confirmation that the Department is in agreement that the proposed lot does not require an on-site sewage disposal system. (4) Any agency which has been forwarded a copy of the instrument of subdivision pursuant to Subsection (3) shall forward a written report of their assessments or recommendations to the development officer. (5) 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 and Labour, the Department of Transportation and Public Works 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. (6) (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) the processing fee set by the authority having jurisdiction (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. (7) Before approving an instrument of subdivision that adds or consolidates parcels or areas of land in different ownerships the development officer shall have received Chester Subdivision By-law...35 (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. (8) The development officer shall forward an approved copy of the instrument of subdivision to the subdivider. (9) 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 72. (10) 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. (11) 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. (12) 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 con- (lot(s) approved and/or remainder) struction 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 and Labour."; IMPORTANT NOTICE (ii)" _________________________ (has, have) been created for a (lot(s) approved and/or remainder) purpose which does not require an on-site sewage disposal system and will not be eligible for a permit to install a system unless the requirements of the Department of Environment and Labour are met."; or (iii)" ___________________________(is, are) served by an exist- Chester Subdivision By-law...36 (lot(s) approved and/or remainder) ing on-site system and should a replacement system become necessary in future, approval of the replacement system from the Department of Environment and Labour is required." (b) where applicable, (i) a notation stating that access to the public highway 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 highways; (ii) where a lot which abuts a public highway 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. (13) Within seven days of approving the instrument, the development officer shall forward to the registry of deeds (a) one (1) approved copy of the instrument of subdivision; and (b) if applicable, the items required by Subsection 72 (7) of these regulations. PART 18 REPEAL OF A SUBDIVISION 73 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. 74 Any person requesting a repeal shall submit to the development officer an application in the form specified in Schedule "E". 75 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. 76 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. 77 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. 78 Sections 7 to 72 inclusive of this by-law do not apply to the repeal of a plan or instrument of subdivision. 79 The development officer shall forward to the registry of deeds the repeal in the form specified in Schedule "F". 80 The development officer shall forward a copy of the repeal referred to in Section 79 to Chester Subdivision By-law...37 (a) the subdivider, and (b) any agency which provided an assessment or recommendations on the original plan or instrument of subdivision. 81 (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) the processing fee set by the authority having jurisdiction (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. 82 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 76. Chester Subdivision By-law...38 APPLICATION FOR SUBDIVISION APPROVAL Schedule “A” File No: SUBDIVISION RELATED 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 (Optional) Tentative (Optional) Final Instrument  $______ Application Fee Attached (pay to Municipality of the District of Chester) Yes No  Final Applications only $______ Registration Fee Attached (, payable to Registry of deeds) Yes No  Instruments only $______ Registration Fee Attached (, payable to Registry of deeds) Yes No  Type Of Development Proposed Single Unit Dwelling Other ____________________________  (Specify) Approval Requested For Lot(s) # ______________________________________________________________ Assessment Requested From Department Of The Environment Yes No  Is There A Remainder Lot? Yes No  Chester Subdivision By-law...39 CERTIFICATION - ON-SITE SYSTEM NOT REQUIRED (unserviced areas, greater than 9,000 square metres area, 76 metres width) I certify that ______________________________________________ (is, are) being subdivided for a purpose (lot(s) being approved and/or remainder lot) (______________________________________________) which will not require the installation of an on-site (specify purpose) sewage disposal system. Signature ________________________________________________ WATER SERVICESSEWER SERVICESACCESS Existing Proposed Existing Proposed Existing Proposed Central System Central System Municipal Public Street  Drilled Well On-Site Provincial Public Street  Dug Well Private Road  Other Other ______________________________ ___________________________________ (specify) (specify) I certify that I am the owner or am acting with the owner's written consent. Signature Of Subdivider _____________________________________ Date _____________________________ Chester Subdivision By-law...40 SCHEDULE “B” SCHEDULE "B" ROADS 1. Peninsula Road Extension, Freda's Peninsula, Chester from the end of the listed public road named Peninsula Road a distance of 1040.9 feet, and also including a portion of the turning circle, as shown on a Plan of Survey by Hebb, Turner, Himmelman Land Surveyors Ltd. #M-402 date 9 July/91, filed at the Registry of deeds, Chester, as Plan No. 2451. 2. Douglas Road (also known as Vaughn Road), 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. Chester Subdivision By-law...41 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 highway or private road. Chester Subdivision By-law...42 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 DISTRICT OF CHESTER; LANDS OF__________________________________________ ____________________________________________________________________________________ LOCATED AT _______________________________________________________________________ Based on the information contained in this Instrument of Subdivision, Lots APPROVED ________________ are . 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 Chester Subdivision By-law...43 SCHEDULE “D” (CONTINUED) 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). registry of deeds 2. THAT (I, we) have shown the book and page numbers of the area(s) of land on the graphic representation. THAT 3. (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 Canada Evidence Act . effect as if made under oath and by virtue of the 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) Chester Subdivision By-law...44 SCHEDULE "D" (Con't.) LOCATION MAP TITLE BLOCK INSTRUMENT OF SUBDIVISION Lands of: SCALE: I certify that the above graphic representation accurately represents my property ______________________________________________________________ ______________________________________________________________ Owner’s Signature(s) Chester Subdivision By-law...45 SCHEDULE “E” APPLICATION FOR REPEAL OF A SUBDIVISION Plan of SubdivisionInstrument of Subdivision ____ or ____ 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) Registry of deeds and is filed in the 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 Chester Subdivision By-law...46 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 ___ or Only 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. Chester Subdivision By-law...47 SCHEDULE "G" PUBLIC OPEN SPACE EVALUATION INSTRUCTIONS: Separately evaluate each lot proposed for Public Open Space by inspecting the lot itself and all other available information about the lot. Evaluate each of the characteristics listed below. If the lot has the characteristic, enter the assigned value in the "score" column. If not, enter 0 in the "score" column. Add the scores in each section to get subtotals. Then add Section scores together to get a total score. To satisfy the definition of "useable land" the score must meet or exceed the minimum score shown for each Section , as well as the overall minimum score. SECTION CHARACTERISTIC ASSIGNED SCORE VALUE 1. Grades over 50% of lot area with 0-8% slopes +1 over 25% of lot area with over 8-12% slopes 0 over 25% of lot area with 12%+ slopes -1 Minimum Score 0 2. Soil & over 25% of the lot area with swamp or bog -1 Water over 25% of the lot area flood plain -1 over 25% of the lot area wetland -1 subject to damage by storm drainage -1 Minimum Score 0 3. Location central to subdivision or under supervision of neighbour +1 linked to other recreation lands +1 coastal, lake, river or perennial stream waterfrontage +1 Minimum Score +1 4. OVERALL MINIMUM SCORE +2 Chester Subdivision By-law...48 SCHEDULE “H” STOPPING SIGHT DISTANCES STOPPING SIGHT DISTANCES LOT NO. SPEED DISTANCE LEFT RIGHT PASS OR COMMENT ZONE FROM LOT FAIL* CORNER GRADE DISTANCE GRADE DISTANCE LEFT/RIGHT * According to the Government of Nova Scotia Management Manual 23, Department of Transportation and Public Works Management, Chapter 8, Construction and Maintenance. Signed:______________________________ Nova Scotia Land Surveyor December 15, 2008E:\\TEXT\\CHEM\\CHEMREF\\MPS-LUB-SDB-SPECS\\SDB2000\\sdb2000Master.wpd