HomeMy WebLinkAboutSubdivison Bylaw July 2008
Adopted by CBRM Council August18th, 1998
Effective Date is October 2r1h, 1998
Including amendments adopted ~ Council] une 17th, 2008
which came into effect] u!J 8th, 2008
TABLE OF CONTENTS
Part 1 Introduction and Administration........................................................................................... 1
1. Authority and Title, Administration and Interpretation............................................................... 1
Part 2 GENE RAL PRO VI S ION S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .. 4
A. Procedure. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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B. Lot Requirements.................................................................................................................. ..........................5
C. Streets and Roads .............................................................................................................................. . . . . . . . . . . . . . . 8
D. Municipal Piped Services...................................................................................................................... ..........9
E. Public Open Space......................................................................................................................... .................9
Part 3 Preliminary- Plans of subdivision.......................................................................................... .10
A. Requirements.................................................................................................................. ............................... 10
B. Procedure. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Part 4 Tentative Plans of subdivision............................................................................................. .12
A. Requirements.................................................................................................................. ............................... 12
B. Procedure. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Part 5 Final Plans of subdivision.................................................................................................... .15
A. Requirements.................................................................................................................. ............................... 15
B. Procedure. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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C. Conditions to be Met Prior to Approval Being Endorsed on a..................................................................... .16
Part 6 Repeal of a Plan of Subdivision .............................................................................................19
Part 7 Effective Date, Repeal.......................................................................................................... 20
Schedule "A"
Application for Subdivision Approval..................................................................... .21
Schedule "B" Ro ads ............................................................................................................................ 22
Schedule "C" Notice of Approval of a Plan of Subdivision ................................................................. 23
Schedule "D" Specifications for Design and Construction of public streets/roads ........................... 24
1. Intent .............................................................................................................................. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .24
2. General S ubdi visi on Road Design Specifications......................................................................................... 24
3. General Construction Specifications............................................................................................................ .26
4. Construction Specifications for Streets/roads not Serviced with Paving and Underground Storm System ..26
Schedule "E"
Application for Repeal of a Plan of Subdivision ..................................................... 35
Repeal of a Plan of Subdivision Pursuant to Section 113 of the Planning Act........ 36
Specifications for the Design and Construction of Municipal Piped Systems ....... 37
Schedule "F"
Schedule "G"
1. Sewer Systems....................................................................................................................... ........................37
2 . Water Systems....................................................................................................................... ........................38
Schedule "H"
Specifications for Private Streets and Roads ...........................................................41
Schedule "I"......................................................................................................................... ................ 42
Schedule "J"......................................................................................................................... ................ 43
Schedule "K"......................................................................................................................... ............... 44
PART 1
INTRODUCTION AND ADMINISTRATION
1. Authority and Title, Administration and Interpretation
A. Authority and Title
a. This By-law is enacted by the Council of the Cape Breton Regional Municipality under the authority
of the Planning Act of Nova Scotia.
b. This By-law may be cited as the "Subdivision By-law" of the Cape Breton Regional Municipality.
All schedules attached hereto are deemed to be part of this By-law.
B. Administration
a. This By-law shall be administered by the Development Officer of the Cape Breton Regional
Municipality appointed by Council under the authority of the Planning Act, or anyone appointed by
Council to act in the Development Officer's stead.
b. Wherever the requirements of the By-law are inconsistent with those of a Municipal Land Use By-
law, the higher or more stringent requirements shall prevail.
c. Definitions
Act means the Planning Act of Nova Scotia;
En!!ineer means the Director of the Engineering and Public Works Department of the Cape Breton
Regional Municipality acting directly or through an assistant or representatives, and acting only within
the scope of the particular duties assigned to him or with the scope of the authority vested in him.
Fronta!!e means the frontage measured as required in the Land Use By-law applicable to the area in
question.
Lot means any parcel to be created by the filing of a plan of subdivision.
Municiualitv means the Cape Breton Regional Municipality.
Municiual en!!ineer means engineer.
Private road means any road approved pursuant to this By-law which is not public which:
. extends to and has access to a public street or has a legal easement which has been clearly granted by
deed, registered in the Registry of Deeds, across another private road which abuts a public road; and
. includes any private road approved pursuant to a Subdivision By-law of the former Municipality of the
County of Cape Breton and shown on an approved plan of subdivision filed in the Registry of Deeds.
Professional en!!ineer means an engineer licenced to practice in the Province of Nova Scotia who is a
member of the Association of Professional Engineers of Nova Scotia.
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Province means Her Majesty the Queen in right of the Province of Nova Scotia.
Municipal public street/road means any street or road owned and maintained by the Cape Breton
Regional Municipality or any street or road in a former City of Town the ownership of which was vested
in the Regional Municipality on August 1 st, 1995 by virtue of the Legislation creating the Cape Breton
Regional Municipality.
Provincial public street/road means any street or road owned and maintained by the Department
of Transportation and Public Works of the Province
Re!!ional Municipality means the Cape Breton Regional Municipality.
Re!!istrv of Deeds means the office of the Registry of Deeds for the registration district in which
the area of land being subdivided is located.
Schedule "B" road" means a road ownership of which is not vested in the Municipality but where the
Municipality has agreed to permit the subdivision of lots fronting on the road. The "Schedule B"
designation shall apply only to the road as it existed on the date of adoption of this By-law and not to any
extensions to the road with the exception of extensions designed specifically to accommodate a vehicular
turning circle. The name, location and exact length of each such road is specified in Schedule "B" of this
By-law.
Subdivider means the owner of the area of land proposed to be subdivided and includes anyone
acting with the owner's written consent.
Subdivision means the division of any area of land into two or more parcels, and includes a re-
subdivision, or a consolidation of two or more parcels.
Arterial means a road intended to move a relatively large volume of traffic at medium to high
speeds used where traffic movement is the primary consideration and land access secondary.
Collector means a road intended to collect traffic from local streets and move it to the arterials,
used where traffic movement and land access are of equal importance.
Local means a road which has the main function of providing land access.
Roadway means the portion of highway included between the outside lines of gutters, or side
ditches; including all the appertaining structures, and all slopes ditch channels, waterways, etc.
necessary for proper drainage and protection.
Roadbed means that portion of the roadway extending from shoulder line to shoulder line, (the
sub grade and shoulders considered as a unit).
Sub!!rade means that portion of the roadbed upon which the base course is to be placed.
. Base Course means the crushed rock or aggregate which is placed immediately upon the
subgrade;
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. Surfacing means the crushed rock or aggregate which IS placed immediately upon the base
course.
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PART 2
GENERAL PROVISIONS
A. Procedu re
2. Application for approval of a plan of subdivision shall be made to the Development
Officer in the form specified in Schedule "A" of this bylaw.
3. The Development Officer shall comply with the notification and approval provisions
of the Act.
4. The Development Officer shall forward a copy of the plan of subdivision to:
a. N ova Scotia Environment in areas not served by a central sewer to determine
compliance with the On-site Sewage Disposal System Regulations, except where the
proposed lot:
. is more than 9,000 square meters (96,878 sq.ft.);
. has a width of75 meters (246.1 ft.)
. is to be used for a purpose not requiring an on-site sewage disposal system; or
. qualifies as a no-development lot pursuant to Section 19 (1) of this By-law.
b. the Engineering and Public Works Department of the Municipality in areas served by a
Municipal sewer system and/or a Municipal water system, and in the case of any
subdivision of land any part of which is adjacent to a Street or Road maintained at the
Municipality's expense;
c. Nova Scotia Department of Transportation and Infrastructure Renewal in the case of
any subdivision of land any part of which is adjacent to a street or road owned
and maintained by the Province; and
d. any agency or Department of the Province or the Regional Municipality which the
Development Officer deems necessary.
5. Any agency which has been forwarded a copy of the plan of subdivision pursuant to section
4 shall forward a written report of their assessments or recommendations to the
Development Officer, any such report shall include a reference to the legal grounds for any
approval or refusal being recommended.
6. Approval of a plan of subdivision may not be refused or withheld as a result of the
assessment or recommendations made by Nova Scotia Environment, Nova Scotia
Department of Transportation and Infrastructure Renewal, or any other agency of the
Province or the Regional Municipality unless the plan of subdivision is clearly contrary to a
law of the Province or a regulation or bylaw made pursuant to a law of the Province,
including any applicable requirements for lot area and lot frontage requirements contained
in a Land Use By-law.
7. At the time of the final application, the subdivider shall submit to the Development Officer:
. the fees contained in the Cost and Fees Act, and regulations made thereunder, for filing
the endorsed final plan of subdivision and registering a notice of approval of the plan,
or registering a repeal of a plan of subdivision; or
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. a processing fee in addition to the fees authorized in 1 (a) in the amount of $280.00 per
final application for Subdivision Approval or for repeal, with the combined fee to be
rounded to the nearest $10.00.
8. Where the Development Officer refuses to approve or repeal a final plan of subdivision, the
Development Officer shall return the fees to the subdivider after the time for appeal has
lapsed.
9. The Development Officer shall forward a copy of the approved tentative plan of subdivision
to the subdivider.
10. The Development Officer shall forward an endorsed copy of the final plan of subdivision to
the subdivider and the surveyor.
11. Where the Development Officer refuses to approve a tentative or final plan of
subdivision, the Development Officer shall notify the subdivider pursuant to clause
105 (3) of the Act, give reasons for the refusal, and advise the subdivider of the
appeal provisions of Section 115 of the Act.
B. Lot Requirements
12. All lots shall abut:
. a public street; or
. a private road approved pursuant to this By-law; or
. an existing schedule "B" road as defined in this By-law.
13. a. For lots to be serviced with Municipal sewer, all lots shall meet the requirements for
minimum lot area and minimum lot frontage contained in the Land Use By-law
applicable to the area in which the proposed subdivision is to take place.
b. For lots to be serviced with an on-site sewage disposal system, each lot that has been
tested to determine suitability for the installation of an on-site sewage disposal system
shall:
. comply with the requirements of Nova Scotia Environment respecting the creation of
such lots; or
. comply with the requirements for minimum lot area and minimum lot frontage
contained in the Land Use By-law applicable to the area in which the proposed
subdivision is to take place, whichever requirements are greater.
c. For lots serviced or to be serviced with an on-site sewage disposal system but which
have not been tested:
. each lot shall have a minimum lot area of 9,000 square meters and be of sufficient
width to permit a 75 meter diameter circle to be fit within its boundaries; or
. comply with the requirements for minimum lot area and minimum lot frontage
contained in the Land Use By-law applicable to the area in which the proposed
subdivision is to take place, whichever requirements are greater.
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14. Sections 15, 16, 18, 19, and 20 are inoperative and do not apply unless the applicable Land
Use By-law permits development on any lot created pursuant to these sub-sections and the
applicable Municipal Planning Strategy provides for both the subdivision and development
of such lots.
15. a. Notwithstanding the requirements of Section 13, the Development Officer may approve a
maximum of two lots, shown on a plan of subdivision, in accordance with Section 107 of
the Act provided that all other requirements of this By-law are met.
b. The sub-section above shall not vary the area requirements established by the Nova
Scotia Environment for the construction or installation of an on-site sewage disposal
system.
16. For the purpose of this sub-section "water frontage" means the distance measured as a
straight line between the two points where the side lot lines meet a watercourse.
Notwithstanding Section 12 and the lot frontage requirements of Section 13, the
Development Officer may approve a subdivision on an island which does not contain a
public street provided that:
. each lot has water frontage of 6 meters or more;
. the subdivider provides a parking area on the mainland or on an island which does
contain a public street, and the parking area shall have a parking space measuring not
less than 3 meters by 6 meters for the exclusive use of each lot so subdivide, and each
such parking space shall have independent access to a public street either directly or by
means of an easement;
. there exists an easement at least 6 meters in width to the parking area mentioned above
from a public street/road and from the parking area to the shoreline of the body of water
on which the lots shown on the plan of subdivision abut;
. the locations of the parking areas and easements are clearly identified on the final plan
of subdivision;
. the applicable Land Use By-law permits development on such lots and the applicable
Municipal Planning Strategy provides for both the subdivision and development of such
lots.
17. Notwithstanding Sections 12 and 13, the Development Officer may approve a subdivision
altering the boundaries of two or more areas of land where:
. no additional lots are created; and
. each resulting lot:
o meets the minimum requirements for lot frontage contained in the applicable Land
Use By-law; or
o has not had its frontage, if any, reduced; and
. each resulting lot:
o meets the minimum requirements for lot area contained in the applicable Land Use
By-law; or
o has not had its area reduced.
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18. Notwithstanding the requirements of Section 12 and 13:
a. where a development component of a permanent nature such as a structure,
driveway, well, or an on-site sewage disposal system is encroaching in or upon
an immediately adjacent piece of land, the Development Officer may approve a
plan of subdivision to the extent necessary and practical to remove the
encroachment; and
b. where a lot or lots are being created for Municipal purposes and the land in question is
owned or is to be acquired by the Municipality, the Development Officer may approve a
plan of subdivision creating such lot or lots, providing that any remainder lot which is not
owned or being acquired by the Municipality complies with the requirements of this
bylaw.
19.
a. Notwithstanding the requirements of Section 13, the Development Officer may approve a
lot on a plan of subdivision in areas more than 30 meters from a central sewer which:
. does not contain an on-site sewage disposal system or any part thereof; and
. which has a maximum area of 1.000 square meters; and
. which has been clearly identified on a plan of subdivision as a "no-development" lot;
provided that the final plan of subdivision contains a notation indicating that the lot is a
no-development lot and that approval of the plan of subdivision does not bestow upon the
landowner any rights with respect to the future development of the lot.
b. Notwithstanding the requirements of Section 12 and the lot frontage requirements of
Section 13, a maximum of one lot that does not meet the requirements of Section 12
and/or the lot frontage requirements of Section 13 may be created within any area of land
as it existed on August 1, 1987. Any lot created pursuant to this sub-section shall have
access to a public street/road by means of an easement granted by deed, registered at the
Registry of Deeds, or, in the case of lots alienated from a public street/road by a railway,
access to a public street/road by means of an easement granted by deed, registered at the
Registry of over all lands other than the railway for which no proof of access is
required and shall:
. be located such that an extension to the nearest public street/road at least 500 meters
in length would be required in order for any portion of the lot to be created to access a
public street/road; or
. be located between a navigable water body and a railway line where no public
street/road exists on the side of the railway within 500 meters of where the lot is to be
created.
20. For the purpose of this Section, "main building" is a building which is not an accessory
building to another building on the area of land.
a. Notwithstanding the lot area and frontage requirements of the Land Use By-law, where
an area of land which is served by a central sewer contains more than one main building
used for residential purposes only and each building containing a maximum of two
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dwelling units and which was built or placed on the land prior to November 2, 1983, 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 has its own
sewer connection and has a minimum frontage of 6 meters.
b. Notwithstanding the lot area and frontage requirements of the Land Use By-law and the
requirements of Section 12, in areas not served by a central sewer, where an area of land
contains more than one main building used for residential purposes only and each
building containing a maximum of two dwelling units and which was built or placed on
the land prior to November 2, 1983, 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 a minimum of 9,000 square meters and is of sufficient
width or has been evaluated by the Nova Scotia Environment for an on-site sewage
disposal system and the lot size in accordance with the soil conditions found on site.
21. Lots may not be subdivided to create a width of less than 6 meters measured along the line
dividing the lot from the public street/road upon which it fronts. Lots must have sufficient
depth to allow a circle with a minimum diameter of 6 meters to be fit within its boundaries.
c. Streets and Roads
22.
a. All proposed public streets/roads shall be:
. shown on a final plan of subdivision;
. in the case of proposed public streets/roads, be designed and constructed in
accordance with Schedule "D" to this By-law "Specifications for the design and
construction of public streets/roads"
. in the case of proposed private roads, be designed and constructed in accordance with
Schedule "H" to this By-law "Specifications for the design and construction of
private streets and roads"
b. The minimum public street/road reserve width of a proposed public street/road shall be
15 meters in the case of a local public street/road unless a higher requirement is required
elsewhere in this By-law for a specific type of public street/road; the minimum public
street/road reserve width for private streets/roads shall be 20 meters.
c. Where a proposed Municipal public street/road or a proposed private street/road
intersects a Provincial public street/road, that intersection shall be approved by the Nova
Scotia Department of Transportation and Infrastructure Renewal.
d. A public street/road or highway or private street/road boundary unbroken by an
intersection shall not exceed 365 meters except where such length would prejudice the
proper subdivision of adjoining land.
e. There shall not be more than four public street/road or highway or private road
approaches to an intersection.
f. Where a public street/road or highway or private street/road abuts the boundaries of a
subdivision submitted for approval, a public street/road or highway in the proposed
subdivision shall, if reasonably feasible, be laid out in prolongation of such public
streets/roads or highways or private streets/roads, unless it would be a violation of this
By-law.
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g. Private streets/roads designed and constructed pursuant to this By-law must be located
wholly outside the area of the Municipality identified on Schedule "I" to this By-law,
"Area Where Private Roads are Prohibited".
h. Private streets/roads must abut a public street/road or have a legal easement, registered at
the Registry of Deeds, across another private street/road which abuts a public street/road.
1. No part of a private street/road shall be included in the calculation of lot area for the
purposes of meeting the lot area requirements of Section 13.
J. Any street/road approved on a plan of subdivision as a private street/road shall not be
acquired by the Municipality or receive any Municipal services unless the street/road in
question has been redesigned and reconstructed in compliance with all provisions of this
By-law which apply to public streets/roads, and a deed to the street/road has been
accepted by the Municipality in accordance with this By-law.
23.
a. proposed lots which abut a public street/road shall have an access point to the public
street/road which meets the stopping sight distance requirements of the Nova Scotia
Department of Transportation and Infrastructure Renewal or requirements adopted by the
Municipality where the proposed lots abut a Municipal public street/road.
b. This section does not apply to proposed lots which have a legal existing access to a public
street/road.
24. Where a plan of subdivision shows a proposed lot abutting an existing public street/road,
the authority having jurisdiction shall verify that it is a public street/road.
D. Municipal Piped Services
25. All proposed sewer, storm drainage and water systems shall be designed and constructed
in accordance with Schedule "G", "Specifications for Municipal Piped Services".
E. Public Open Space
26. Deleted as per Motion of Council May 18th, 1999. (amendmentG-762)
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PART 3
PRELIMINARY PLANS OF SUBDIVISION
Optional! st Step
A. Requirements
27. a. Preliminary plan of subdivision submitted to the Development Officer shall be:
1. drawn to a scale or scales sufficient for clarity of all particulars on the preliminary
plan of subdivision;
2. based on a description of the area of land to be subdivided, preferably but not
necessarily as surveyed; and
3. folded to approximately 20 x 30 cm. with the face of the folded print being the title
block which is located in the lower right-hand corner of the preliminary plan of
subdivision.
b. The subdivider proposing to subdivide an area of land may submit to the Development
Officer 6 copies of the preliminary plan of subdivision drawn to scale showing:
1. the name of the owner of the area of land being subdivided;
2. the names of the owners of all properties abutting the area of land being subdivided;
3. the civic numbers (or range of possible civic numbers) of main buildings on the area
of land being subdivided;
4. a location plan showing the approximate distance between the area of land being
subdivided and the nearest prominent landmark;
5. the shape, dimensions, and area of the lots being created;
6. 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;
7. no duplication of lot identifiers;
8. the approximate location of railways;
9. the location of existing and proposed public streets/roads, private streets/roads, and
Schedule "B" streets/roads;
1 o. the name (s) of existing and proposed public streets/roads, private streets/roads, and
Schedule "B" streets/roads;
11. the graphic representation of lots being created shown by solid lines, and the
vanishing boundaries of existing areas of land being re-subdivided, consolidated, or
both, shown as broken lines;
12. the location of existing buildings within 10 meters of any property line which is being
created, deleted, or relocated;
13. the general location of watercourses;
14. the north point;
15. the scale;
16. any other information necessary to determine whether this subdivision conforms to
this Subdivision By-law.
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c. Where the plan of subdivision is to be forwarded to Nova Scotia Environment the
following additional information is required:
1. the lot layout including buildings, proposed on-site sewage disposal system, proposed
driveway and water wells;
2. the location of watercourses, wetlands and other features that may influence the
design of the system, including ditches, roads and driveways;
3. the surface slopes and directions;
4. an explanation of the extent, volume and type of usage to which the system will be
subj ected;
5. if required by the On-site Sewage Disposal Systems Regulations, an assessment
report of the lot respecting its suitability to support an on-site sewage disposal system
including the results of a soil evaluation test, except where the assessment report is to
be prepared by Nova Scotia Environment; and
6. any other information necessary to determine whether the subdivision meets the On-
site Sewage Disposal Systems Regulations.
B. Procedure
28. The procedure for processing preliminary plan of subdivision is contained in the General
Provisions.
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PART 4
TENTATIVE PLANS OF SUBDIVISION
A. Requirements
29. The subdivider proposing to subdivide an area of land shall submit to the Development
Officer eight (8) copies of the tentative plan of the proposed subdivision meeting the
requirements of Section 31 of this By-law.
30. Notwithstanding Section 29, the Development Officer may waive the requirement that
tentative application and plan of subdivision be submitted where:
. lots abut an existing public street/road, or an existing Schedule "B" street/road, except
where lots are created pursuant to Sections 16 or 1 7;
. a central water or sewer system is not being installed; and
. all lots to be served by on-site sewage disposal systems:
o are 9,000 square meters or more in area; or
o have been evaluated by an authorized person of Nova Scotia Environment and the
Development Officer has been informed in writing by the authorized person that
the information already provided by the subdivider is satisfactory.
31. a. Tentative plans of subdivision submitted to the Development Officer shall be:
1. drawn to a scale or scales sufficient for clarity of all particulars on the tentative plan
of subdivision;
2. based on a description of the area of land to be subdivided, preferably but not
necessarily as surveyed; and
3. folded to approximately 20 x 30 cm. with the face of the folded print being the title
block which is located in the lower right-hand corner of the tentative plan of
subdivision.
b. Tentative plans of subdivision shall show the following:
1. the words "PLAN OF SUBDIVISION" located in the title block;
2. the words "TENTATIVE" located above the title block;
3. a clear space for stamping being a minimum of 225 square centimeters with a
minimum width of 7 centimeters;
4. the name of the subdivision, if any, and the name of the owner of the area of land;
5. if applicable, the book and page number of the deed to the area of land as recorded in
the name of the owner in the Registry of Deeds;
6. the unique Parcel Identifier (PID #) as assigned by Service Nova Scotia & Municipal
Relations for all existing areas of land prior to being subdivided;
7. the civic numbers (or range of possible civic numbers) of main buildings on the area
of land being subdivided;
8. the names of all owners or the identifiers of all properties abutting the proposed
subdivision;
9. a location map, drawn to a scale not smaller than 1 :50,00 (such scale to be shown on
the map), preferably with the same orientation as the area of land;
10. the shape, dimensions, and area of the lots being created;
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11. each lot being approved 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;
12. no duplication of lot identifiers;
13. the boundaries of lots being created shown by solid lines, and the vanishing
boundaries of existing areas of land being re-subdivided, consolidated or both, shown
as broken lines;
14. the location of all existing buildings located within the lots being created except,
where impractical, the remainder lot and the location of all other existing buildings
within 10 meters of any property boundary shown on the plan;
15. the location of existing and proposed public streets/roads, private streets/roads, and
Schedule "B" streets/roads;
16. the names(s) of existing and proposed public streets/roads, private streets/roads, and
Schedule "B" streets/roads, as they appear in the Municipality's master street/road
index;
17. the width and location of railroads;
18. the location of any watercourse, prominent rock formation, marsh, or swamp
streets/roads which might affect the layout or provision of public streets/roads or
private streets/roads and services to the area where the subdivision is to be
located;
19. the width, location, and nature of any easements on or affecting the area of
land proposed to be subdivided
20. where applicable, a notation stating the lots are serviced or to be serviced by a
public sewer and/or water system;
21. the north point;
22. the date on which the plan of subdivision was drawn and the date of any
reVISIons;
23. the scale to which the plan of subdivision is drawn; and
24. any other information necessary to determine whether or not the plan of
subdivision conforms to this By-law.
c. In addition to meeting the requirements of subsections 1 and 2, where the proposed lots
front on a proposed public street/road or private street/road or on a proposed extension
of an existing public street/road or private street/road a tentative plan of subdivision
shall:
1. show a boundary survey of the area of land proposed to be subdivided, excluding the
remainder lot, certified and stamped by a Nova Scotia Land Surveyor in the manner
required by the Nova Scotia Land Surveyors Act and the regulations made
thereunder;
2. be accompanied by 4 copies of a plan showing:
. contours at 2 meter intervals, and drainage patterns;
. the width and location of proposed public and private public streets/roads and
highways, and their intersections with existing public and private streets/roads;
and
13
. the location of existing and proposed central sewer and water systems and
proposed connections thereto; and
3. be accompanied by 2 copies of centerline profiles of proposed public streets/roads or
private streets/roads or extensions to existing public streets/roads, or private
streets/roads.
d. Where the plan of subdivision is to be forwarded to Nova Scotia Environment the
following additional information is required:
1. the lot layout including buildings, proposed on-site sewage disposal system, proposed
driveway and water wells;
2. the location of watercourses, wetlands and other features that may influence the
design of the system, including ditches, streets/roads and driveways;
3. the surface slopes and directions;
4. an explanation of the extent, volume and type of usage to which the system will be
subj ected;
5. if required by the On-site Sewage Disposal System Regulations, an assessment report
of the lot respecting its suitability to support an on-site sewage disposal system
including the results of a soil evaluation test, except where the assessment report is to
be prepared Nova Scotia Environment; and
6. any other information necessary to determine whether the subdivision meets the On-
site Sewage Disposal Systems Regulations.
B. Procedure
32. The procedure for processing a tentative plan of subdivision is contained in the
General Provisions.
33. 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 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 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 endorsed by the
Development Officer and filed in the registry of deeds."
14
PART 5
FINAL PLANS OF SUBDIVISION
A. Requirements
34. The subdivider proposing to subdivide an area of land shall submit twelve (12)
copies of the final plan of subdivision meeting the requirements of Section 35 of
this bylaw to the Development Officer for approval.
35. a. Final plans of subdivision submitted to the Development Officer shall be
. drawn to a scale or scales sufficient for clarity of all particulars of the final
plan of subdivision;
. certified (by means of the surveyor's original signature) and stamped by a
Nova Scotia Land Surveyor that all of the lots for which approval is requested
have been surveyed in the manner required by the Nova Scotia Land Surveyors
Act and the regulations made thereunder; and
. folded to approximately 20 x 30 centimeters with the face of the folded print
being the title block which is located in the lower right-hand corner of the
final plan of subdivision.
b. Final plans of subdivision shall meet the plan content requirements of subsection 31.b.
except that:
. clause 31.b.2 shall not apply;
. all proposed public and private streets/roads shall be surveyed;
. the geographical and mathematical location of all buildings within 3 meters of
a proposed boundary shall be shown.
B. Procedure
36. The procedure for processing a final plan of subdivision is contained in the General
Provisions.
36 The procedure for processing a final plan of subdivision is contained in the General
Provisions.
37. The following information shall be stamped or written and completed by the
Development Officer on any final plan of subdivision which is endorsed:
15
a. "This final plan of subdivision is approved for Lots
b. where applicable, either
" .
,
"
is/are suitable for the construction or installation of an
(Iot(s) approved and/or remainder)
On-site sewage disposal system for
apply are contained in a report dated
Environment; or
and any conditions which
(proposed use)
and available from Nova Scotia
IMPORTANT NOTICE
has/have been created for a purpose which does not
(Iot(s) approved and/or remainder)
require an on-site sewage disposal system and will not be eligible for a permit to install
a system unless the requirements of Nova Scotia Environment are met.";
c. where there are public streets/roads which are or which are to be owned and
maintained by the Province, the words "The following streets and highways are
owned and maintained by the Department of Transportation and Infrastructure
Renewal of the Province of Nova Scotia:
"
d. where there are Municipal public streets/roads which are to be owned and
maintained by the Municipality, the words "The following streets and roads are
owned and maintained by the Cape Breton Regional Municipality:
"
e. where there are private streets/roads owned or maintained by the Federal Government or
by a Federal Crown Corporation at the date of passing of this amendment (March 19th,
2002) and shown on Schedule "K" as owned by Enterpirse Cape Breton Corportaion,
streets/roads shown on a final plan of subdivision, all such streets/roads shall be listed
following the words "The following streets or roads are not owned by the Cape Breton
Regional Municipality and shall not receive any Municipal services such as grading,
paving, dust control, snow removal, garbage collection or street lighting:
"
38. The Development Officer shall forward to the registry of deeds one(l) endorsed
copy of the final plan of subdivision and a notice of approval in the form specified
in Schedule "C" of this By-law.
C. Conditions to be Met Prior to Approval Being Endorsed on a
Final Plan of Subdivision
39. The owner of every subdivision shall, before approval IS endorsed on the
subdivision plan by the Development Officer:
a. When any portion of the subdivision is within 30 meters of a public sewer system,
the owner shall construct a central sanitary sewer system, including collectors and
where such construction is required the owner shall install laterals to the
boundaries of the proposed lots; the system shall be designed by a professional
engineer and comply with the specifications as set forth in Schedule "G";
16
b. When any portion of the subdivision is within 30 meters of a public water system,
the owner shall construct a water system, including mains and hydrants, and
where such construction is required the owner shall install laterals to the
boundaries of the proposed lots; the system shall be designed by a professional
engineer and shall comply with the specifications as set forth in Schedule "G";
c. The Director of Engineering and Public Works for the Municipality may make an
exception to "a." in cases where topographic conditions make it impossible to connect the
proposed subdivision to the Municipal sewer system without the use of pumping stations;
d. 1. Layout and construct all intended public streets/roads and walkways
including storm drainage ditches in subdivisions where the new streets/roads are not to be
serviced with Municipal sanitary sewer services
2. Layout and construct all intended public streets/roads and walkways including a
piped storm drainage system and concrete curbs and gutters wherever new streets/roads
are to be serviced with Municipal sanitary sewer services;
3 . Works outlined in "1" and "2" are to be constructed in accordance with Sections
22, 23 and 24 of this By-law and the specifications as set forth in Schedule "D"
and "G".
e. Layout and construct all intended private streets/roads in accordance with Section 22 and
with the specifications as set forth in Schedule "H".
f. Pave all new public streets/roads and extensions to existing public streets/roads if the
entrance to the intended street/road is within 300 meters of a public sewer system, the
paved surface to be a minimum width of 6 meters, except in the case of subdivisions
where streets/roads are to be serviced with Municipal sanitary sewer services, where the
minimum width of the paved surface shall be 9 meters. Where the subdivider does not
wish to pave the streets/roads prior to final approval he or she may:
. post a bond equal to 125% of the cost of the paving as estimated by the Engineer
prior to final approval, with paving to be completed to the Engineer's satisfaction no
later than December 31 of the calendar year following the year in which final
approval is granted; or
. enter into an agreement with the Municipality under which the Municipality will pave
the street/road and recover the cost, including any associated carrying charges, by
means of a betterment charge to be levied equally against all lot owners over a period
of ten years, whether the lots are sold or not.
17
g. 1. Where the owner does not wish to do his or her own installation of water
or sewer services or streets/roads and as an alternative to clauses "a", "b" and "c" of
this section the owner may give to the Clerk two certified cheques as follows:
. a cheque in an amount sufficient to cover the expenses of designing and
costing the installation, as determined by the Municipal engineer;
. a cheque equal to 125% of the costs of the installation, inspection and preparation
of construction drawings as determined by the engineer.
2. Where a subdivision is being approved pursuant to "g. 1." the subdivider will
deposit with and have accepted by the Municipality deeds, duly executed, conveying to
the Municipality the title of all streets, services and easements, and the subdivider will
also comply with the requirements respecting recreational lands as specified in "h".
h. Deposit with and have accepted by the Municipality a deed, duly executed,
conveying to the Municipality open space as required by Section 26, or a
certified cheque equal in value to 5% of the assessed value of the new lots
created, or both, where a combination of land and cash in lieu of land is
involved.
1. After completion of all services, streets/roads and walkways and prior to
acceptance by the Municipality, where the work was carried out under provisions other
than 44(6), the subdivider shall post a maintenance bond to the Municipality in
the amount of ten (10%) percent of the actual cost of construction and installation
of services by the subdivider to safeguard such services for a period of one year.
After this bond is posted, the subdivider shall provide to the Municipal engineer
the following prior to endorsement of approval by the Development Officer:
1. a set of reproducible record drawings, including engineered design plans prepared in
accordance with this By-law;
2. a surveyor's certificate confirming that all underground services are located within
the boundaries of a street/road reserve or an approved easement;
3. the result of all required test reports;
4. deeds, duly executed, conveying to the Municipality the title of all streets/roads,
services, easements and recreational lands in fee simple free from encumbrances;
5. proof of a certificate of approval from Nova Scotia Environment; and
6. certification by a professional engineer that all streets/roads and services have been
constructed according to the approved plans and specifications of this By-law.
18
PART 6
REPEAL OF A PLAN OF SUBDIVISION
40. Any person requesting the repeal of a plan of subdivision shall submit to the
Development Officer an application in the form specified in Schedule "E".
41. The Development Officer shall comply with the notification and approval provisions
of the Act which apply to the repeal of a plan of subdivision.
42. When the Development Officer is satisfied that an application for repeal is
complete, the Development Officer may forward a copy to any agency who
provided an assessment or recommendations on the original plan of subdivision.
43. 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 regulations of the Building Code Act or
land use by-laws, or sewage disposal regulations unless the violation can be rectified
by the approval of a new plan of subdivision filed at the Registry of Deeds on the
same day as the repeal is filed.
44. Sections 12 to 39 inclusive of this bylaw do not apply to the repeal of a plan of
subdivision.
45. A plan of subdivision may not be refused or withheld as a result of the assessment
or recommendations made by Nova Scotia Environment, the Department of
Transportation and Infrastructure Renewal or any other agency of the Province or the
Municipality unless the repeal of the plan of subdivision is clearly contrary to a
law of the Province or regulation made pursuant to a law of the Province.
46. The Development Officer shall forward to the Registry of Deeds the repeal in the
form specified in Schedule "F"
47. The Development Officer shall forward a copy of the repeal referred to In Section
46 to:
. the subdivider
. any agency who provided an assessment or recommendations on the original plan of
subdivision.
48. Where the Development Officer refuses to repeal a plan of subdivision, the
Development Officer shall give notice of the refusal to all agencies which were
forwarded the application for repeal pursuant to Section 47.
49. Where the Development Officer refuses to repeal a plan of subdivision, the
Development Officer shall notify the subdivider pursuant to clause 105(3)(Q of the
Act, give reasons for the refusal, and advise the subdivider of the appeal provisions
of Section 115 of the Act.
19
PART 7
EFFECTIVE DATE, REPEAL
50. This Subdivision By-law is effective on the date of approval by the Minister of Municipal
Affairs.
On the effective date of this By-law:
. Subdivision By-laws for the former Municipality of Cape Breton County, the former
City of Sydney, and the former Town of North Sydney are repealed; and
. the regional Subdivision By-law in effect in all areas of the Cape Breton Regional
Municipality not covered by the By-laws mentioned above is repealed.
20
SCHEDULE "A" APPLICATION FOR SUBDIVISION APPROVAL
Application for Subdivision Approva
SUBDIVISION RELATED INFORMATION
Name of Land Owner(s)
Address of Land Owner(s)
Postal Code
Phone
Subdivision Name (if different from owner)
Documents To Be Returned To
Correspondence To Be Directed To
LAND TO BE SUBDIVIDED
Location
(Community)
Type of Application D
Preliminary (Optional) D
Tentative
D
Final
D
Instrument
Registration and Processing Fee Attached (Final and Instrument only) DYes D No
Development Proposed
Single Family
D
Other (Specify)
Approval Requested For Lot(s) #
Is there a remainder lot?
D
Yes
D
No
WATER SERVICES
SEWER SERVICES
ACCESS
Existing Proposed
Municipal System D D
Drilled Well D D
Dug Well D D
Other(Specify)
Existing
Mun. San. System D
On-Site D
Mun. Storm Sys D
Other(Specify)
Proposed Existing
D Public Road D
D
D
Proposed
D
Other (Specify)
I certify that I am the owner or am acting with the owner's written consent.
Signature
Date
21
SCHEDULE "B" ROADS
22
SCHEDULE "c" NOTICE OF APPROVAL OF A PLAN OF SUBDIVISION
Name of Owner (s)
Name of Subdivision
Location
Date of Approval
For Lot (s)
Surveyor
Date of Plan
Dated this
Day of
,20
Development Officer
Plan of Subdivision filed in the Registry of Deeds as Plan #
day of
,20
Dated this
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 public sewer and water systems.
3. Information indicating whether or not the lots abut a public
street/road or private street/road.
23
SCHEDULE "D" SPECIFICATIONS FOR
CONSTRUCTION OF PUBLIC STREETS/ROADS
DESIGN
AND
1. Intent
The intent of these specifications is to ensure the design and construction of the subdivision in
such a manner as to permit the Cape Breton Regional Municipality to list and maintain the
streets/roads therein.
2. General Subdivision Road Design Specifications
51. These specifications are to cover the more common aspects of design encountered
in subdivision development. Where situations arise which are not covered by these
specifications, the "Geometric Design Standards for Canadian Roads and Streets" as
published by the Roads and Transportation Association of Canada, shall apply.
52. Prior to detailed lot and roadway layout in the field the developer shall submit a
function scheme showing the proposed layout, approximate grades, drainage patterns
and property boundaries to the Engineer. Cross sections may also be required.
53. The street/road reserve width will normally be 15 or 20 meters, depending on the level of
servicing. In certain instances the Engineer may require a greater width of the
street/road reserve to facilitate traffic, construction and / or maintenance requirements,
such decisions to be made at the time of tentative application.
54. Any property susceptible to damage as a result of construction must be within the
street/road reserve. All slopes (either in cuts or fills), which will not be eventually
eliminated by changes in lot elevations, must be included within the street/road
reserve.
Base Course Base course shall conform to Type 2 gravel of the Standard Municipal
Services Specifications. The base course must be applied to a
minimum thickness of 150 millimeters . The results of laboratory
and field density tests shall be submitted to the Engineer. At least
one field density test shall be taken for every 150 meters of
street/roadway.
Surfacin2 The surfacing shall conform to Type 1 gravel of the Standard Municipal
Services Specifications. Surfacing must be applied to a minimum
thickness of 100 millimeters. The results of laboratory and field density
tests shall be submitted to the Engineer. At least one field density test
shall be taken for every 150 meters of street/roadway compaction #5.
55. An acceptable easement to adjacent property must be provided and deeded to the
Municipality. These access streets/roads must not be more than 365 meters apart.
These access streets/roads will be located along the boundary in such a manner as
to not prejudice development of adjacent land.
24
56. Where subdivision streets/roads meet existing classes of Provincial or Municipal
streets/roads, the minimum distance between these intersections shall be:
Local streets/roads 75 meters
Collector streets/roads 150 meters
Arterial streets/roads 300 meters
and shall be located in such a manner as to satisfy sight distance requirements. In
general, offset intersections, including pedestrian sidewalks and bike ways shall be
no less than 50 meters apart, measured centerline to centerline. This standard may only
be varied for proposed intersections accessing Provincial streets/roads and only when approval in
writing has been received for the variance from the Province's Department of Transportation and
Infrastructure Renewal. (Amendment adopted by Council June 25th, 2002)
57. Streets/roads must be laid out where reasonably possible in prolongations of other
streets/roads, either in the same subdivision or in adjacent subdivisions.
58. Due to maintenance problems, all cul-de-sacs must end in a permanent turn around
area constructed as per Schedule "J", or a temporary turn around area as approved by the
Engineer. The grade of the bulb of a permanent cul-de-sac shall not exceed 4%.
59. Unless otherwise authorized by the Engineer in writing, an acceptable storm
drainage study and design must be carried out by a Professional Engineer. This
authority will only be given for the most basic subdivision and drainage patterns.
The minimum design for major drainage systems such as brooks, streams and rivers
must be based on a 1 in 100 year storm. The minimum design for minor drainage
systems such as ditches, culverts etc. will be based on a 1 in 10 year frequency.
In no case shall any street/roadway culvert be less than 450 millimeters in diameter.
All street/roadway culverts must have a minimum cover of 450 millimeters.
All pipe under the street/roadway shall be satisfactory to the Municipality. Catch
basins will be a maximum of 100 meters apart, and must conform to Standard
Specifications for Municipal Services.
No drainage is to be carried on, through or over private property, within the
subdivision, other than by unconfined natural water course, by excavated ditch, or
storm sewer.
To ensure access to drainage systems, an easement of ample width shall be deeded
to the Municipality in the following cases:
. Excavated ditches or storm sewers within the boundary of the subdivision.
. Where a need is identified to accommodate future upstream drainage, a drainage
easement shall be provided from the street/road reserve to the upstream limits of
the subdivision and may be required for excavated offtake ditches or storm
sewers adjacent to and immediately downstream of the subdivision that are
required to ensure proper functioning of the subdivision drainage system.
A drainage easement will not normally be required for an unconfined natural
watercourse.
25
A plan must be submitted to the Municipality showing upstream drainage that must
be accommodated, the final drainage pattern within the subdivision and indicating
the drainage pattern of subdivision runoff outside the subdivision as it affects
abutting land. Where subdivision drainage flows from the subdivision onto abutting
property other than in a natural water course, an easement form the owner(s) affected,
must be filed with the Municipality and recorded in the Registry of Deeds. Natural
water courses shall not normally be carried in roadway ditches or storm sewers.
3. General Construction Specifications
60. All streets/roads shall be constructed in accordance with the Standard Specifications for
Municipal Services, unless specified otherwise.
61. The Engineer must be notified before construction work begins on any subdivision
street/road.
Inspections may be carried out at any time. Inspections by a Professional Engineer are
required at the following stages:
a. after clearing and grubbing (pre culvert and drains);
b. prior to any gravel being applied;
c. prior to surfacing gravels being applied;
d. prior to paving (if applicable)
e. final, prior to Municipal takeover of street/road.
62. Street/roadway Culvert and Drainage. Street/roadway culverts, underdrains, driveway
culverts and storm drainage systems where required, will be provided and placed by the
developer.
63. Sloped Landscaping. Slope protection is required to; meet both Nova Scotia Environment and
CBRM Engineering and Public Works Department requirements.
64. Access to individual lots. The developer shall install suitable culverts as determined by a
Professional Engineer, to all lots prior to final approval.
65. All Utilities. All sewers, water mains, electrical, telephone and such utilities located in the
street/road reserve must have Municipal approval with respect to location prior to their installation.
66. Guard Rail. Guard rail shall be required on fills 2 meters or greater (unless a slope of 6: 1 can be
provided) and in other hazardous areas.
4. Construction Specifications for Streets/roads not Serviced with
Paving and UnClerground Storm System
67. Street/Road Bed. Guard rail shall be required on fills 2 meters or greater (unless a slope of 6: 1
can be
a. The street/road bed will have a top width of 10 meters after gravel has been applied. On
sections where guard rail is required the street/road bed width will be increased by 1 meter
on the side the guard rail is to be installed. The street/road bed will be constructed
concentric to the centerline of the street/road reserve, except in areas where extra
26
street/roadway width is required or extra street/road reserve may be required, and will be
graded to the satisfaction of the Municipality with approved grading material.
b. The typical crown of the street/road bed shall be at least 3%.
5. Paving Construction Specifications for Streets/roads not Served
with an Underground Storm Sewer System
68. Street/road Bed.
a. The street/road bed will have a top width of 10 meters after gravel has been applied. On
sections where guard rail is required the street/road bed width will be increased by 1 meter
on the side the guard rail is to be installed. The street/road bed will be constructed
concentric to the centerline of the street/road reserve, except in areas where extra street/road
reserve may be required, and will be graded to the satisfaction of the Municipality.
b. The typical crown of the street/road bed shall be at least 3%.
c. deleted.
d. deleted.
69. Base Course. Base course shall conform to Type 2 gravel of the Standard Municipal
Services Specifications. The base course must be applied to a minimum thickness of 150
millimeters. The results of laboratory and field density tests shall be submitted to the
Engineer. At least one field density test shall be taken for every 150 meters of
street/roadway.
70. Surfacing. The surfacing shall conform to Type 1 gravel of the Standard Municipal
Services Specifications. Surfacing must be applied to a minimum thickness of 100
millimeters. The results of laboratory and field density tests shall be submitted to the
Engineer. At least one field density test shall be taken for every 150 meters of
street/roadway.
71. Prime Coat. Prior to laying of asphalt concrete, when directed by a Professional Engineer,
liquid asphalt shall be applied upon the prepared sub grade.
Tack Coat. No more than 24 hours prior to the laying of asphalt concrete upon an existing
asphalt directed by a Professional Engineer.
72. Paving. The asphalt concrete shall be placed in 2 lifts to a total thickness of 75 millimeters
minimum of asphalt and minimum width of 6 meters where there is no curb and gutter, and
8 meters where there is curb and gutter. The Municipality may require an affidavit to state
that the hot mix asphalt concrete plant conforms to the Municipal Services Specifications.
73. Inspection. In addition to the above, a minimum of one series of tests per day shall be
performed for each 500 t of asphalt concrete. Every individual street/road shall have at
least one series of tests.
The series of tests shall include all of the following:
a. Marshall Stability kN
b. Marshall Flow x 0.25 millimeters
c. Air Voids %
27
d. VMA %
e. Asphalt Cement Content %
f. Gradation of Extracted Aggregate
There shall be at least one density test per day for each 500 t of asphalt concrete placed.
Each lift for every individual street/road shall have at least one field density test taken.
All test results shall be recorded and forwarded to the Engineer.
74. Curbing. Portland cement concrete curbs and gutter shall conform to Municipal
Services Specifications or as approved by the Engineer. Asphalt curbs are not
permitted. Curbing must be placed prior to the spread of asphalt. The quantity per
cubic meter of all ingredients in the concrete may be required by the Engineer prior to
the start of curbing. At least one set (i.e. 3) of concrete test cylinders (150 millimeters x
3 00 millimeters) shall be taken for every 100 meters (linear) of curbing and tested for
compressive strength at 7 days (1) and 28 days (2). These results will be forwarded to
the Engineer. All residential and commercial driveway openings shall conform to the
requirements of the applicable Land Use By-law.
6. Paving Construction Standards for Streets/roads Serviced with
an Underground Storm Sewer System
75. Street/road Bed
a. The street/road bed will have a minimum top width of 8 meters after gravel has been
applied. The street/road bed will be constructed concentric to the centerline of the
street/road reserve except in area where extra street/roadway width is required or extra
street/road reserve may be required, and will be graded to the satisfaction of the
Municipality.
b. The typical crown of the street/road bed shall be at least 3%.
76. Base Course. Base course shall conform to Type 2 gravel of the Standard Municipal
Services Specifications. The base course must be applied to a minimum thickness of 150
millimeters. The results of laboratory and field density tests shall be submitted to the
Engineer. At least one field density test shall be taken for every 150 meters of
street/roadway.
77. Surfacing. The surfacing shall conform to Type 1 gravel of the Standard Municipal
Services Specifications. Surfacing must be applied to a minimum thickness of 100
millimeters. The results of laboratory and field density tests shall be submitted to the
Engineer. At least one field density test shall be taken for every 150 meters of
street/roadway.
78. Prime Coat. Prior to laying asphalt concrete, when directed by a Professional Engineer,
liquid asphalt shall be applied upon the prepared sub grade.
79. Tack Coat. No more than 24 hours prior to the laying of asphalt concrete upon an existing
asphalt directed by a Professional Engineer.
28
80. Paving. The asphalt concrete shall be placed in 2 lifts to a total thickness of 75 millimeters
minimum of asphalt and minimum width of 8 meters. The Municipality may require an
affidavit to state that the hot mix asphalt concrete plant conforms to the Municipal Services
Specifications.
81. Inspection. In addition to the above, a minimum of one series of tests per day shall be
performed for each 500 t of asphalt concrete. Every individual street/road shall have at
least one series of tests.
The series of tests shall include all of the following:
a. Marshall Stability kN
b. Marshall Flow x 0.25 millimeters
c. Air Voids %
d. VMA %
e. Asphalt Cement Content %
f. Gradation of Extracted Aggregate
There shall be at least one field density test per day for each 500 t of asphalt
concrete placed. Each lift for every individual road shall have at least one field
density test taken.
All test results shall be recorded and forwarded to the Engineer.
82. Curbin!!: Portland Cement concrete curbs and gutters shall conform to Municipal
Services Specifications or as approved by the Engineer. Asphalt curbs are not
permitted. Curbs and gutters must be placed prior to the first spread of asphalt. The
quantity per cubic meter of all ingredients in the concrete shall be forwarded to the
Engineer prior to the start of curbing. All residential and commercial driveway
openings shall conform to the requirements of the applicable Land Use By-law.
At least one set (3) of concrete test cylinders ( 150 millimeters x 300 millimeters)
shall be taken for every 100 meters (linear) of curbing and tested for their
compressive strength at 7 days (1) and 28 days (2). These results will be forwarded
to the Engineer.
83. Storm Sewers All underground storm sewer systems will be provided and placed in
accordance with the CBRM specifications for storm sewers.
7. Variations in a Comprehensive Development District &.
Commercial/Industrial Areas
84. Variations to these specifications may be considered by the Municipality in cases such
as in the Comprehensive Development District (CDD) and these variations would be for
the particular CDD for which the variations were negotiated.
29
85. All streets/roads in industrial parks, commercial subdivisions, and commercial
developments must be paved to all year standards or greater, prior to acceptance by the
CBRM. The specifications of this book will apply with the following change:
a. Base course material must be applied to give a depth of380 millimeters or greater.
b. Surfacing course material must have a depth of 100 millimeters or greater.
c. Asphalt concrete shall be placed to a total spread of 200 millimeters or greater,
placed in lifts not exceeding 50 millimeters.
d. 320 kg/m2 or greater.
86. All streets/roads and infrastructure on Provincial lands and Federal lands including
streets/roads on Native Reserves must conform to these specification prior to acceptance by
the CBRM.
8. Listing Procedures
87. Before the constructed streets/roads are accepted for listing, the Municipality must
receive confirmation from Nova Scotia Environment that all their requirements have
been met. In addition, a certification may be required from a Professional Engineer
confirming the streets/roads and drainage systems with the subdivision have constructed
in accordance with the approved plans and these specifications.
88. Listin2 Procedures. When the preceding specifications have been satisfactorily
adhered to, the developer may then officially request the Municipality take over the
street/road system in the subdivision. The request shall be accompanied by 12 copies of
a final plan showing the entire subdivision, its boundaries, street/road and drainage
layout. These 12 copies may be the same 12 copies required by the Development
Officer in order to obtain final approval of the plan of subdivision. The developer will
also have a deed prepared deeding all street/road reserves to the Municipality. At this
time the Municipality will require record plans and profiles. At this time the
Municipality will require record plans and profiles.
30
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33
89. Landscaping and Walkway Specifications
a. Excavated and/or fill areas shall be evenly graded and compacted to 100 millimeters
below finished grade.
b. Topsoil, lime, fertilizer, and sods shall be provided in accordance with the Municipal
Services Specifications.
c. Sods shall be placed in the area within one (1) meter of the curb.
d. In curbed areas, the area between the sodding and the edge of the street/road reserve
shall be covered with topsoil and seeded in accordance with the Municipal Services
Specifications.
e. For areas where no curbing is to be provided, all exposed areas with the street/road
reserve other than the actual street/road and street/road shoulder shall be hydroseeded.
f. The minimum width of a walkway easement shall be 5 meters, unless it is to be used
as a sewer or water easement in which case a larger minimum width may be required.
g. As much as possible, the constructed portion of the walkway shall be centrally located
within the walkway easement.
h. Where possible, all access covers and water appurtenances shall be to the sides of the
walkway.
1. The total width of the walkway easement shall be graded in such a way as to control
surface and watercourse drainage within the easement and adjacent properties. This
can be accomplished using culverts, drains, swales and/or catch basins.
J. The walkway shall be constructed as follows:
. 150 millimeters Type 1 gravel base, 2400 millimeters wide and compacted to 95%
standard proctor density.
. 50 millimeters thickness of Type B hot mix asphalt, 1800 millimeters wide.
. The maximum grade for a walkway shall not exceed 15%.
. All walkways in residential and commercial areas shall be fenced on both sides for
the entire length of the walkway easement. Fencing shall be chain link a minimum
height of 1.2 meters.
. Both sides of the asphalt walkway shall be sodded in accordance with the
Municipal Services Specifications from the edge of the walkway to the edge of the
disturbed soil.
. All recessed structures within the walkway easement shall be adjusted to within 6
millimeters of finished grade.
. All walkways shall be constructed at the time of the installation of the services and
streets/roads. Natural vegetation of the area shall be preserved during walkway
construction, where possible. Mature trees and shrubbery shall remain and
clearing and grubbing shall be restricted to the construction.
. Walkways shall be oriented so as to make use of the existing street/road lighting,
where possible.
34
SCHEDULE "E"
APPLICATION FOR REPEAL OF A PLAN OF
SUBDIVISION
File No.
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 APPROVED PLAN OF SUBDIVISION SOUGHT TO BE REPEALED
Name of applicant for Subdivision Approval
Location
Rural Municipality/Town
The Plan of Subdivision was approved on the
and is filed in the Registry of Deeds at
in the Municipality of
in the County of
as Plan # and Lots #
. Registration fee submitted.
day of
were approved.
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
Plan of 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
Co-signers
Date
35
SCHEDULE "F"
REPEAL OF A
PURSUANT TO
PLANNING ACT
PLAN OF SUBDIVISION
SECTION 113 OF THE
Name of Owner )s)
Name of Subdivision
Location
Surveyor
Date of Approval of Plan of Subdivision
Being Plan # at the Registry of Deeds
THIS PLAN OF SUBDIVISION IS REPEALED
Dated at
Province of Nova Scotia, this
day of
Development Officer
,2
36
SCHEDULE "G"
SPECIFICATIONS
CONSTRUCTION
SYSTEMS
FOR
OF
THE DESIGN
MUNICIPAL
AND
PIPED
1. Sewer Systems
90.
a. All sanitary sewer systems including pumping stations, treatment plants and outfall
sewers are to be designed and constructed in accordance with the Municipal Services
Specifications and the Nova Scotia Standards and Guidelines Manual for the
Collection, Treatment, and Disposal of Sanitary Sewage, as applicable. Any variance
from these specifications shall be done only with the written approval of the Engineer.
b. Design of storm drainage systems shall include consideration of both minor and major
drainage systems. The design of the complete storm drainage system, including the
minor system (1 in 10) and the major system (1 in 100) shall be carried out so as to
provide a minimum level of protection based on a design storm frequency of 1 in 100
years.
c. All sewer systems and extensions thereto shall be designed by a professional engineer.
91. Storm Drainage
Minor Drainage System. The minor drainage system shall be designed to carry surface
runoff from the more frequent, less intense storms thereby providing safe and
convenient use of streets/roads, lot areas and other components. The minor drainage
system shall consiste of the following components:
. Swales, subsurface interceptor drains (i.e. French drain, etc.), curbs and gutters,
catch basins, manholes, pipes or conduits and lateral lines to the lots from the pipes
or conduits to street/road lines in those areas where a piped storm drainage system is
required; or
. Ditches, swales, subsurface interceptor drains (i.e. French drain, etc.) and driveway
culverts in those areas where an open channel drainage system is required.
Design Storm Frequencies. The following frequencies are required:
. minor drainage systems == 1 in 10 years
. major drainage systems == 1 in 100 years
Design Parameters
. Designs shall be based on the state of development expected to exist for both the
area under design and upstream areas. Estimates for upstream development shall be
obtained from the Engineer.
. Design flows for ordinary residential, commercial, or industrial land uses shall be
based on annual (year round) rainfall data.
. Discharge from new development shall not exceed the capacity of the downstream
system.
92. Video Inspections
37
Closed circuit television inspections shall be conducted of the sanitary and storm
sewerage prior to takeover by the Municipality.
93. Record Drawings
A set of original drawings shall be delivered to the Director of Engineering and Public
Works for record purposes upon completion of the sewer system and if applicable the
storm sewer system and prior to acceptance by the Municipality in a format acceptable
to the Municipality.
2. Water Systems
94.
a. Water system means an assembly of pipes, fittings, control valves and appurtences
owned by the Cape Breton Regional Municipality and which conveys water to water
service pipes and hydrants.
b. Water service pipe means a pipe that conveys water from a water system to the inner
side of the wall through which the pipe enters the building.
95. Transfer of Plants
At the completion of the approved installation of the water system and the water service
pipes within the street/road lines, the applicant shall convey the same, and any and all
rights enjoyed by the applicant, to the Municipality.
96. Record Drawings
A set of original record drawings, both digital and hardcopy, in a format
(AutoCad.DWG file format, minimum 2004 version, preference AUTO DESK CIV AL
3D) acceptable to the Municipality shall be delivered to the Director of Engineering and
Public Works for record purposes upon completion of the water system and prior to
acceptance by the Municipality.
97. Design Criteria
a. Dead Ends
The water system shall be designed so as to exclude any dead-ended pipe where
practical.
b. Size of Water Pipes
The usual size of pipe shall be 200 millimeters, with the minimum size being 150
millimeters for short connections between pipes in the system.
c. Depth of Cover
All water pipes shall have a minimum cover of 1.5 meters.
d. Location of Water Pipes
. Water lines may be in the same trench as a sewer, provided that it must be laid and
in accordance with Nova Scotia Environment guideline requirements above the
tope of the sewer pipe on a firm shelf 30 centimeters to the side of the sewer pipe.
. Where a water pipe is to be laid in a separate trench, other than in a regional
street/road, the subdivider shall grant to the Regional Municipality by deed and
38
plan, at his cost, title to the easement. Such easement shall be wide enough to
meet provincial Department of Labour for back slopes and to provide sufficient
space for soil storage during excavation and in no case shall be less than 6 meters
in width.
.
e. Location of Valves
1. Valves at street/road intersections shall be located in the street/road way at
street/road line intersection.
2. Three valves shall be required at each normal four-way street/road intersection. If
there are more or less than four streets/roads meeting at any intersection, the
appropriate number of valves shall be installed to allow complete isolation of the
system, with at least one valve wherever water lines intersect.
3. On straight runs the maximum distance between valves will be the same as the
maximum distance between street/road intersections specified elsewhere in this
By-law.
f. Valve Chambers
All valves shall be enclosed in a standard telescopic type valve box. The valve of the
box shall have the word "W A TER" imprinted on it for valves in the water system.
g. Hydrants
1. Hydrants shall be placed on the extension of the boundary line between two lots in
such location that there will be a minimum distance of 45 centimeters from the
outermost part of the hydrant to the face of the proposed or existing curb and
hydrants shall be spaced not more than 140 meters apart, or as approved by the
Engineer.
2. Hydrants shall be installed so that the top of the standpipe flange will be from 100-
105 millimeters above the finished curb grade.
3. The branch pipe to the hydrant shall be 150 millimeters in diameter and shall
include a 150 millimeter branch valve located approximately one meter from the
centerline of the water pipe in the street/road.
4. If unusual conditions exist and warrant the installation of a dead-ended pipe, a
hydrant shall be installed in its proper location off the dead end water pipe.
98. Electrical grounding to water mains and services is not permitted.
99. Water Service Pipe
a. The size of water service pipes and the materials used in the manufacture of water
service pipes shall be specified in the Municipal Services Specifications, and in no
case shall any water service pipe be less than 19 millimeters in diameter.
b. Depth of cover shall be required by the Municipal Services Specifications.
c. Water service pipes on private property must be installed so that there will always be a
minimum cover of 1.5 meters both prior to and immediately following landscaping.
d. Hydrostatic testing shall be carried out in accordance with the Municipal Services
Specifications.
e. Water service pipes shall not be used for grounding purposes.
100. Connections to Existing Water Systems
39
a. A connection of the subdivider's water system to any part of the existing water system
must be carried out with the least interruption to existing service and each such
connection and the scheduling of that connection must be approved by the Engineer.
b. Whenever an existing water pipe is within reasonable distance from a proposed
subdivision, and an interconnection is practical, the subdivider shall be required to
deed to the Regional Municipality an easement to facilitate such a connection, and to
actually connect the two systems, at the developer's cost, in cases where the distance
involved is less than 30 meters.
c. No pipe or water service cross-connection will be made from the existing water
system to a water system in a subdivision which is connected to some other source of
supply.
d. All services to dwellings must be taken off distribution mains which are at least 150
millimeters in diameter. All dwelling connections must be taken off the main at right
angles with the exception of permanent dead end streets/roads where laterals at the end
of the dead end street/road run to the property boundary.
101. Types of Pipe and Special Fittings to be Used
All types of pipe, hydrants and special fittings used must meet the mInImum
specifications permissible under the Municipal Services Specifications.
102. System Water Volume Demand
a. Domestic Volume Demand shall be established in accordance with the following:
. Average daily demand - 300 liters per capita per day
. Peak daily demand - 600 liters per capita per day
. Peak hourly demand - 1,150 liters per capita per day.
b. Fire Volume Demand shall be established in accordance with the latest published
requirements contained in "Water Supply for Public Fire Protection - A Guide to
Recommended Practice" prepared by Fire Underwriters Survey (FUS) administered by
CGI Insurance Business Services.
c. Water distribution system must be designed and sized in order to provide and maintain
a minimum residual pressure of 200 kpa, measured at the main, at all points along the
distribution system during Peak Hourly Demand conditions.
Any variation from the above demand figures shall be done only with written
approval of the Engineer.
40
SCHEDULE "H"
SPECIFICATIONS FOR PRIVATE STREETS AND
ROADS
103. Required to Build
Where any private street/road provides access to one or more lots, a private street/road shall be
constructed in accordance with the following standards within the street/road reserve shown on
the subdivision plan. These standards are minimums and no variation or reductions in these
standards are permitted.
104.
b.
Construction Standards
Wastes from the clearing and grubbing activities such as roots, stumps, sod, moss, and all
other organic material shall not be placed in street/road fills or allowed to remain under
street/road fills.
c. An undisturbed natural ground surface may be allowed to remain under a street/road fill
section only where such surface is covered by at least 2.5 meters of fill which does not
contain any organic material.
d. The minimum traveled street/road surface width shall be 6 meters.
e. The travel surface shall have a base course of crushed, screened or pit run gravel to be
compacted to Standard Services for Municipal Services to a minimum thickness of 150
millimeters (i.e. 6 inches).
f. The maximum street/road grade shall be 12% except at intersections with existing
streets/roads, where grade and sight distances shall conform to the Manual of Geometric
Design Standards for Canadian Roads.
g. Ditches shall have a minimum cut or fill slope ratio of 1: 1 (1 vertical to 1 horizontal).
h. Culverts shall be installed to handle existing or potential storm water flows, shall have a
minimum diameter of 45 centimeters (i.e. 18 inches), shall be buried a minimum of 45
centimeters (i.e. 18 inches) below the street/road surface and all associates easements to
an acceptable point of relief.
1. All bridges or structures shall be approved by a professional engineer to ensure the
street/road reserve will facilitate drainage and the horizontal and vertical street/road
design requirements of the Manual of Geometric Design Standards for Canadian Roads.
The street/road reserve width shall not be less than 20 meters (i.e. 66 ft.).
J. Inspection notices must be given to the Engineer after grubbing and during construction
of the street/road bed and after completion of traveled surface.
41
SCHEDULE "I"
Please refer to the 36" x 48" 1 :81,000 scale map indicating those areas where private
streets/roads are prohibited in the Cape Breton Regional Municipality.
The digital copy of the map is located in O:\Maps\Subdivision\36x48\Commutershed-20Km.prt
42
SCHEDULE "J"
43
SCHEDULE "K"
44
45