The Community of Miltonvale Park, Prince Edward Island, Canada
Bylaws of Miltonvalepark: Page 20 of 21
SECTION #19 – GENERAL PROVISIONS FOR SUBDIVIDING LAND
19.1 SUBDIVISION APPROVAL
No person shall subdivide one or more lots or any portion of a lot and no person shall consolidate two or more parcels of land until the conditions of this Bylaw have been complied with and the applicant has received final approval from the Council.
19.2 CONVEYING INTEREST IN A LOT
No person shall sell or convey any interest in a lot in a subdivision before Council has issued a stamp of approval for the subdivision in which the lot is situated.
19.3 PERMISSION TO SUBDIVIDE
No person shall subdivide land within the Community unless the subdivision:
(i) conforms with the requirements of this Bylaw;
(ii) is suitable to the topography, physical conditions, soil characteristics, and natural and surface drainage of the land;
(iii) will not cause undue flooding or erosion;
(iv) has convenient street access;
(v) has adequate utilities and services available or can be conveniently provided with such utilities and services;
(vi) will reasonably conform with existing land use in the immediate vicinity;
(vii) will provide for safe and convenient traffic flow;
(viii) is designed so that lots will have suitable dimensions, shapes, orientation and accessibility;
(ix) is suitable to the use for which it is intended, and the future use of adjacent lands;
(x) the parcel of land in respect of which the permit is requested has frontage on a public road or a private right-of-way established pursuant to Section 4.12 of this Bylaw;
(xi) would not be detrimental to the convenience, health or safety of residents in the vicinity or the general public;
(xii) would not precipitate premature development, necessitate unnecessary public expenditure, or would place undue pressure on the Community or Province to provide services; or
(xiii) would not result in undue damage to the natural environment.
19.4 CHANGES TO EXISTING LOTS
(1) No person shall reduce the dimensions or change the use of any lot in an approved subdivision where Council deems these would be a detrimental effect on neighbouring property owners.
(2) Where an application to subdivide land would change the dimensions or the use of a lot in an existing approved subdivision, Council shall notify all property owners within 500 feet (152 metres) of the boundaries of the lot in writing, informing them of the details of the application and soliciting their comments.
19.5 SPECIAL REQUIREMENTS – AGRICULTURAL (A1) ZONE
(1) Within an Agricultural (A1) Zone, no Person shall be permitted to subdivide from any existing Parcel of land more than five (5) Lots.
(2) For the purposes of this Section “existing Parcel” shall mean a Parcel of land which was held in separate ownership as of July 9, 1994.
(3) Any Lots subdivided pursuant to this Section shall conform to the Lot requirements for an A1 Zone and all other relevant provisions of this Bylaw.
(4) No person shall establish more than one access driveway or street for each 660 ft. (200 m) of property frontage on a highway, or portion thereof.
(5) Within an Agricultural (A1) Zone:
(i) a residential Subdivision shall not be permitted within 150 metres (500 feet) of an existing intensive livestock operation.
(ii) where a residential Subdivision is proposed, Council shall notify operators of intensive livestock operations within 300 metres (1,000 feet) and invite their comments.
(6) Notwithstanding the above, Council may authorize the Subdivision and consolidation of farmland for farm purposes, provided that any residual parcels which are created comply with the provisions of this Bylaw
(i) where a new intensive livestock operation is proposed within 300 metres (1,000 feet) of an existing residential Subdivision Council shall notify the Property owners and invite their comments.
19.6 SPECIAL REQUIREMENTS – COASTAL SUBDIVISIONS
(1) Where a Subdivision is located along a Coastal Area or Watercourse, the Subdivision shall include the following:
(i) public access to the beach or Watercourse if the Property being subdivided includes frontage on a beach or Watercourse, with at least one access to be located approximately every 200 metres (656 ft.) of Watercourse Frontage;
(ii) where appropriate, the area to be set aside as Parkland dedication shall be located at least in part along the Watercourse; and
(iii) beach and Watercourse accesses shall measure at least 20 ft. (6.1 metres) in width.
19.7 PARKLAND DEDICATION AND/OR PARK DEDICATION FEE
Except for the severing of a single lot for residential purposes, any person who severs two (2) or more lots within the Community may, at the time of subdivision, be required to dedicate and deed to the Community, free of all encumbrances, 10 percent (10%) of the land included in the subdivision, to the Community for recreation and public open space purposes; as per the following:
(a) Council shall have the power to choose what land within the subdivision shall be deeded; and
(b) Where no dedication of land is deemed appropriate with respect to the severing of five (5) or more lots, Council shall require a cash payment equivalent to ten percent (10%) of the value of the unsubdivided land. Any monies so collected shall be designated for the purpose of purchase or maintenance of recreational and public open space lands within the Community.
19.8 SUBDIVISION AGREEMENT
Council may require an applicant to enter into a subdivision agreement as a condition of subdivision approval. The subdivision agreement may cover any matters as required by Council and may include, but be limited to the following:
(i) design and construction costs of water supply, sanitary and storm sewers, roads, and street lighting;
(ii) dedication of land for recreation and public open space purposes, or payment of a fee in lieu of land;
(iii) deeding of roads to the Province;
(iv) deeding of utility systems to the Community;
(v) posting of a financial guarantee satisfactory to Council;
(vi) assignment of costs associated with the drafting and execution of this agreement; and
(vii) any other matter(s) that Council deems necessary to conform with this Bylaw or to ensure the health, safety and convenience of community residents and the travelling public.
All subdivision agreements require registration with the Registry of Deeds.
19.9 APPLICATION AND APPROVAL PROCESS
(1) Applications to Subdivide land in the Community of Miltonvale Park shall be submitted on a form as prescribed by Council.
(2) All Subdivision applications may be required to be accompanied by the following:
(i) an orthophoto showing the location of the land and all adjoining properties;
(ii) a description of land uses on the surrounding properties;
(iii) a contour map showing the topography of the site with at least 2 metre (6.5 ft.) contour lines;
(iv) a conceptual design showing the location and dimensions of all proposed lots, roads, sidewalks, walkways and trails, Parks and Open Space, streams, wetlands and other site features such as woodlands.
(3) The Development Officer may require such other information as may reasonably be required to assess the impact of any Subdivision, including but not limited to the following:
(i) a written assessment by the Provincial Government on any potential Environmental impacts, including any requirements imposed by provincial legislation or regulations;
(ii) soil and water testing;
(iii) a written assessment by the Provincial Government on any access, transportation or pedestrian issues related to the design;
(iv) a storm water management plan prepared by a qualified engineer;
(v) a conceptual servicing plan prepared by a qualified engineer;
(vi) any other studies or documentation required by the Development Officer in order to adequately assess the impact of the proposed subdivision.
(4) After reviewing all information required by the Development Officer, Planning Board may make a recommendation to Council for approval or rejection of the subdivision application.
(5) Council may either accept or reject the recommendations of Planning Board. Where Council generally accepts the details of a Subdivision Application, Council may issue a preliminary approval, which shall include all conditions which shall be imposed on the Development.
(6) The Development Officer shall then negotiate and execute a Subdivision Agreement which addresses all the above noted conditions and all other matters noted in Section 19.8.
19.10 FINAL APPROVAL
1. Final subdivision approval shall be granted by Council only after the applicant has complied fully with all applicable requirements of this Section and has submitted seven (7) copies of a final subdivision plan showing all lots pinned and certified by an accredited member of the Association of Prince Edward Island Land Surveyors.
2. The Development Officer, on behalf of Council, shall give notice of final approval of a subdivision in writing to the applicant. Council shall place its approval stamp on the seven (7) copies of the survey plan and shall return one copy to the applicant.
3. Final approval of a subdivision plan shall not be given by Council until:
(a) the survey plan has been submitted for recommendations to any appropriate provincial or federal government departments;
(b) all agreements and other pertinent documents have been prepared and concluded to the satisfaction of Council;
(c) all transactions involving the transfer of money or land in conjunction with the subdivision of land have been secured to the satisfaction of Council,
(d) a digital file containing the (real earth) geographic co-ordinates of said plan of subdivision has been submitted.
19.11 SEVERANCES/CONSOLIDATION
Notwithstanding the above provisions, Council may approve applications for single lot subdivisions, partial lots or easements and lot consolidations at its discretion, having regard for only those provisions which it deems applicable to each individual application, provided the application conforms with all other Sections of this Bylaw.
19.12 BUILDING PERMITS
A building permit shall not be issued in a subdivision until all the requirements of the subdivision approval have been fulfilled.