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Subdivision Regulations

Subdivision: Under Construction

What is Subdivision?

A Subdivision is the division of an area of land into two or more parcels and can include the consolidation of two or more lots. In the Municipality of Cumberland, whether you and your neighbour are merely swapping pieces of property, or you are designing a residential development and are creating many lots, you are subdividing and approval of a plan of subdivision is required.

In Cumberland County, there are four types of Subdivision Plans we will review and approve;

 

  • A conceptual plan of subdivision that is submitted during the early-on planning stages for a subdivision. Preliminary Plans are not required to be prepared by a licensed surveyor; however, all relevant information must be present on the Plan for the Development Officer to adequately assess the application. Preliminary approvals are non-binding, as approvals expire the day after they are issued.

    Preliminary Plans typically are used for large subdivisions with requirements for the development of infrastructure such as private roads and central water and sewer. This allows the developer to understand if the level of infrastructure is adequate for the new of lots proposed.

  • A Tentative Plan of Subdivision is a detailed plan, submitted to the Municipality to obtain subdivision approval, without formally creating the lots. Tentative approvals are binding for 2 years, after which a Final Plan of Subdivision is required to be submitted, or the tentative approval is voided. Tentation Plans of Subdivision are prepared by a licensed surveyor and provide accurate visual representation of the proposed lots but are not required to be formally surveyed until a Final Plan of Subdivision.  

  • A Final Plan of Subdivision is the most common type of subdivision plan. A Final plan is a detailed, formal survey, prepared and stamped by a licensed surveyor. A Final plan of Subdivision is required to create a lot.

  • A visual representation (drawing) of a proposed subdivision. Instruments are required to be prepared by a licensed surveyor and signed by all property owners included in the subdivision. While an instrument of subdivision is able to formally create or consolidate lots, an instrument of subdivision is not a formal survey and therefore proposed subdivisions must meet specified circumstances in order to be created through an Instrument. 

What is the Subdivision Bylaw?

The Municipal Government Act of the Province of Nova Scotia allows municipalities to adopt a Subdivision Bylaw. The Subdivision Bylaw regulates how an area of land can be subdivide to create new lots, additions to lots, consolidation of lots, and boundary adjustments. Major subdivisions may involve construction of new roads and the installation of municipal services. The Subdivision Bylaw is designed to protect the owner and the purchaser of the land by establishing uniform procedures and standards that apply to all subdivision of land.

FAQ

  • A Land Surveyor. All subdivisions must be prepared by a Professional Land Surveyor licensed to practice in Nova Scotia they can discus the requirements and options specific to your property.

  • Consolidating parcels is normally the same process as subdividing and follows the same steps.

  • We are not able to guarantee a “standard processing time” as a variety of factors impact the speed at which an application is able to undergo processing and review. Some factors impacting the subdivision processing time include;

    • Available Municipal Staff

    • Time of Year / Number of Application Requests received

    • Completeness and complexity of the Application

    • Staffing and Comments provided by External Agencies

    Applicants can anticipate approval for subdivision being issued with 6-8 weeks of receiving a complete application for subdivision.

    If you have questions regarding your application status, contact planning@cumberlandcounty.ns.ca with your name and the PID of your property.

  • No, applications are processed on a first-come, first-served basis. We do not offer expedited processing.

  • Applicants are updated on the status of their proposed subdivision once the application is recorded and the PIDs are active. Applicants may be contacted at specified times throughout the application process, at the request of the applicant. Furthermore, applicants may be contacted if there are missing or insufficient items or should issues with the application arise. 

  • Yes. In the following circumstances:

    • Where all lots created, including the remainder exceed ten hectares (24.7 Acres) in area.

    • Resulting from a lease of land for twenty years or less, including renewals.

    • Resulting from a will executed on or before January 1, 2000.

    • Resulting from a bare-land condominium made pursuant to the Condominium Act.

    • Resulting from the quieting of a title.

    • Resulting from an acquisition of land by the Provincial Government, Municipality or Village for business pertaining to that body.

    • Resulting from the disposal, of a street or railway with djacent land.

    • Resulting from a de facto Consolidation. Two or more lots have been in common ownership and used together since April 15, 1987, may be consolidated without subdivision approval.  See a lawyer to confirm if you qualify and prepare the paperwork.

  • Electronic Submission may be accepted, if permission is granted by Planning Staff in advance of the submission.