75(1)For greater certainty and without limiting subsection 74(1), a subdivision by-law may
(a)
prescribe forms for tentative plans and fees to be paid by persons seeking approval of tentative and subdivision plans,
(b)
prescribe standards for laying out public and future streets, lots, blocks, land for public purposes and other parcels of land in subdivisions,
(c)
provide that every lot, block and other parcel of land in a subdivision abuts
(i)
a street owned by the Crown or the local government, as the case may be, or
(ii)
an access, other than to a street referred to in subparagraph (i), approved by the advisory committee or regional service commission as being advisable for the development of land,
(d)
require as a condition of approval of a subdivision plan that, if entry is gained to the subdivision by means of an existing street or other access, whoever its owner may be, the person seeking approval of the plan shall
(i)
make provision to bring the existing access to the same standard as required for streets within the subdivision; or
(ii)
contribute to the cost of work referred to in subparagraph (i) to the extent required for streets within the subdivision under paragraph (i), provided the amount contributed per linear metre for the access does not exceed the cost to the person per linear metre for streets within the subdivision or, if the plan does not provide for the laying out of streets to be publicly owned, the average cost per linear metre for subdivision streets within the local government constructed during the preceding 12 months,
(e)
prescribe classes of subdivisions with respect to
(i)
facilities required under paragraph (i),
(ii)
lot sizes in relation to water and sewerage services, or
(iii)
land for public purposes,
(f)
require, as a condition of approval of the subdivision plan, with respect to a subdivision or class of subdivision, that land is to be set aside as land for public purposes and so indicated on the subdivision plan
(i)
in an amount indicated in the by-law not exceeding ten per cent of the area of the subdivision, exclusive of the land to be vested as public streets on the filing of the plan in the land registration office, and
(ii)
at a location approved in accordance with section 88,
(g)
provide that in the discretion of the council there is to be paid to the local government, in lieu of setting aside land under paragraph (f), the sums indicated in the by-law, not exceeding eight per cent of the market value of land in the subdivision at the time of submission for approval of the subdivision plan, exclusive of land indicated as streets intended to be publicly owned,
(h)
subject to any applicable set-back regulation, if no rural plan under section 33 or 44 or zoning by-law is in effect, regulate by classes of subdivisions the location of buildings and structures on lots established after the adoption of a provision under this paragraph,
(i)
require that a person proposing to subdivide land provides within the subdivision, or contribute to the cost of the subdivision to the extent required by the by-law, facilities, including streets, curbing, sidewalks, culverts, drainage ditches, water and sewer lines and others that the by-law for that class of subdivision requires,
(j)
provide that the development officer shall not approve a subdivision plan unless, in the opinion of the council,
(i)
the council will be able in the near future to provide the proposed subdivision with streets, water and sewer lines, light, recreational areas or other facilities required by the by-law for that class of subdivision, or the person proposing the subdivision has made satisfactory arrangements for providing the facilities, and
(ii)
the person proposing the subdivision has made satisfactory arrangements to enter into an agreement with the council to comply with the requirements of paragraph (i) and
(A)
deposit with the local government a sum sufficient to cover the cost with respect to facilities that the by-law requires the person to pay, or
(B)
deliver to the local government a performance bond acceptable to the council in an amount sufficient to cover the cost referred to in clause (A),
(k)
provide that the development officer shall not approve a subdivision plan if, in the development officer’s opinion and in the opinion of the advisory committee or regional service commission,
(i)
the land is not suited to the purpose for which it is intended or may not reasonably be expected to be used for that purpose within a reasonable time after the subdivision plan is approved, or
(ii)
the proposed manner of subdividing will prejudice the possibility of further subdividing the land or the convenient subdividing of adjoining land,
(l)
provide that names of streets in subdivisions are subject to the approval of the advisory committee or regional service commission, or
(m)
in respect of a part of the local government set out within limits defined by regulation under the Surveys Act, the design and standard of legal survey monuments to be used in laying out subdivisions.
75(2)If, in accordance with subparagraph (1)(f), land for public purposes is required to be set aside and so indicated on a subdivision plan, a person proposing to subdivide land may
(a)
at a location approved under section 88, set aside a greater amount of land for public purposes than is required by the subdivision by-law, and
(b)
if the amount of land for public purposes vested in a local government by a subdivision plan filed in the land registration office exceeds the amount required by the subdivision by-law when the plan was approved, credit the excess amount against any further requirement in respect of any land of which the land comprised in the filed subdivision plan formed a part.
75(3)If a by-law includes a fee to be paid for the approval of a tentative plan referred to in paragraph (1)(a), the by-law may include different fees for the approval of tentative plans for type 1 subdivisions and type 2 subdivisions.
75(4)The council may enter into an agreement referred to in subparagraph (1)(j)(ii) with a person proposing to subdivide land and the agreement
(a)
shall not become effective until certified copies of the agreement are filed in the land registration office, and
(b)
when registered in the land registration office, is binding on a subsequent owner of the land in respect of which the agreement is made until discharged by the local government.
75(1)For greater certainty and without limiting subsection 74(1), a subdivision by-law may
(a)
prescribe forms for tentative plans and fees to be paid by persons seeking approval of tentative and subdivision plans,
(b)
prescribe standards for laying out public and future streets, lots, blocks, land for public purposes and other parcels of land in subdivisions,
(c)
provide that every lot, block and other parcel of land in a subdivision abuts
(i)
a street owned by the Crown or the local government, as the case may be, or
(ii)
an access, other than to a street referred to in subparagraph (i), approved by the advisory committee or regional service commission as being advisable for the development of land,
(d)
require as a condition of approval of a subdivision plan that, if entry is gained to the subdivision by means of an existing street or other access, whoever its owner may be, the person seeking approval of the plan shall
(i)
make provision to bring the existing access to the same standard as required for streets within the subdivision; or
(ii)
contribute to the cost of work referred to in subparagraph (i) to the extent required for streets within the subdivision under paragraph (i), provided the amount contributed per linear metre for the access does not exceed the cost to the person per linear metre for streets within the subdivision or, if the plan does not provide for the laying out of streets to be publicly owned, the average cost per linear metre for subdivision streets within the local government constructed during the preceding 12 months,
(e)
prescribe classes of subdivisions with respect to
(i)
facilities required under paragraph (i),
(ii)
lot sizes in relation to water and sewerage services, or
(iii)
land for public purposes,
(f)
require, as a condition of approval of the subdivision plan, with respect to a subdivision or class of subdivision, that land is to be set aside as land for public purposes and so indicated on the subdivision plan
(i)
in an amount indicated in the by-law not exceeding ten per cent of the area of the subdivision, exclusive of the land to be vested as public streets on the filing of the plan in the land registration office, and
(ii)
at a location approved in accordance with section 88,
(g)
provide that in the discretion of the council there is to be paid to the local government, in lieu of setting aside land under paragraph (f), the sums indicated in the by-law, not exceeding eight per cent of the market value of land in the subdivision at the time of submission for approval of the subdivision plan, exclusive of land indicated as streets intended to be publicly owned,
(h)
subject to any applicable set-back regulation, if no rural plan under section 33 or 44 or zoning by-law is in effect, regulate by classes of subdivisions the location of buildings and structures on lots established after the adoption of a provision under this paragraph,
(i)
require that a person proposing to subdivide land provides within the subdivision, or contribute to the cost of the subdivision to the extent required by the by-law, facilities, including streets, curbing, sidewalks, culverts, drainage ditches, water and sewer lines and others that the by-law for that class of subdivision requires,
(j)
provide that the development officer shall not approve a subdivision plan unless, in the opinion of the council,
(i)
the council will be able in the near future to provide the proposed subdivision with streets, water and sewer lines, light, recreational areas or other facilities required by the by-law for that class of subdivision, or the person proposing the subdivision has made satisfactory arrangements for providing the facilities, and
(ii)
the person proposing the subdivision has made satisfactory arrangements to enter into an agreement with the council that is binding on his or her heirs, successors and assigns to comply with a provision under paragraph (i) and
(A)
deposit with the local government a sum sufficient to cover the cost with respect to facilities that the by-law requires him or her to pay, or
(B)
deliver to the local government a performance bond acceptable to the council in an amount sufficient to cover the cost referred to in clause (A),
(k)
provide that the development officer shall not approve a subdivision plan if, in his or her opinion and in the opinion of the advisory committee or regional service commission,
(i)
the land is not suited to the purpose for which it is intended or may not reasonably be expected to be used for that purpose within a reasonable time after the subdivision plan is approved, or
(ii)
the proposed manner of subdividing will prejudice the possibility of further subdividing the land or the convenient subdividing of adjoining land,
(l)
provide that names of streets in subdivisions are subject to the approval of the advisory committee or regional service commission, or
(m)
in respect of a part of the local government set out within limits defined by regulation under the Surveys Act, the design and standard of legal survey monuments to be used in laying out subdivisions.
75(2)If, in accordance with subparagraph (1)(f), land for public purposes is required to be set aside and so indicated on a subdivision plan, a person proposing to subdivide land may
(a)
at a location approved under section 88, set aside a greater amount of land for public purposes than is required by the subdivision by-law, and
(b)
if the amount of land for public purposes vested in a local government by a subdivision plan filed in the land registration office exceeds the amount required by the subdivision by-law when the plan was approved, credit the excess amount against any further requirement in respect of any land of which the land comprised in the filed subdivision plan formed a part.
75(3)If a by-law includes a fee to be paid for the approval of a tentative plan referred to in paragraph (1)(a), the by-law may include different fees for the approval of tentative plans for type 1 subdivisions and type 2 subdivisions.
75(1)For greater certainty and without limiting subsection 74(1), a subdivision by-law may
(a)
prescribe forms for tentative plans and fees to be paid by persons seeking approval of tentative and subdivision plans,
(b)
prescribe standards for laying out public and future streets, lots, blocks, land for public purposes and other parcels of land in subdivisions,
(c)
provide that every lot, block and other parcel of land in a subdivision abuts
(i)
a street owned by the Crown or the local government, as the case may be, or
(ii)
an access, other than to a street referred to in subparagraph (i), approved by the advisory committee or regional service commission as being advisable for the development of land,
(d)
require as a condition of approval of a subdivision plan that, if entry is gained to the subdivision by means of an existing street or other access, whoever its owner may be, the person seeking approval of the plan shall
(i)
make provision to bring the existing access to the same standard as required for streets within the subdivision; or
(ii)
contribute to the cost of work referred to in subparagraph (i) to the extent required for streets within the subdivision under paragraph (i), provided the amount contributed per linear metre for the access does not exceed the cost to the person per linear metre for streets within the subdivision or, if the plan does not provide for the laying out of streets to be publicly owned, the average cost per linear metre for subdivision streets within the local government constructed during the preceding 12 months,
(e)
prescribe classes of subdivisions with respect to
(i)
facilities required under paragraph (i),
(ii)
lot sizes in relation to water and sewerage services, or
(iii)
land for public purposes,
(f)
require, as a condition of approval of the subdivision plan, with respect to a subdivision or class of subdivision, that land is to be set aside as land for public purposes and so indicated on the subdivision plan
(i)
in an amount indicated in the by-law not exceeding ten per cent of the area of the subdivision, exclusive of the land to be vested as public streets on the filing of the plan in the land registration office, and
(ii)
at a location approved in accordance with section 88,
(g)
provide that in the discretion of the council there is to be paid to the local government, in lieu of setting aside land under paragraph (f), the sums indicated in the by-law, not exceeding eight per cent of the market value of land in the subdivision at the time of submission for approval of the subdivision plan, exclusive of land indicated as streets intended to be publicly owned,
(h)
subject to any applicable set-back regulation, if no rural plan under section 33 or 44 or zoning by-law is in effect, regulate by classes of subdivisions the location of buildings and structures on lots established after the adoption of a provision under this paragraph,
(i)
require that a person proposing to subdivide land provides within the subdivision, or contribute to the cost of the subdivision to the extent required by the by-law, facilities, including streets, curbing, sidewalks, culverts, drainage ditches, water and sewer lines and others that the by-law for that class of subdivision requires,
(j)
provide that the development officer shall not approve a subdivision plan unless, in the opinion of the council,
(i)
the council will be able in the near future to provide the proposed subdivision with streets, water and sewer lines, light, recreational areas or other facilities required by the by-law for that class of subdivision, or the person proposing the subdivision has made satisfactory arrangements for providing the facilities, and
(ii)
the person proposing the subdivision has made satisfactory arrangements to enter into an agreement with the council that is binding on his or her heirs, successors and assigns to comply with a provision under paragraph (i) and
(A)
deposit with the local government a sum sufficient to cover the cost with respect to facilities that the by-law requires him or her to pay, or
(B)
deliver to the local government a performance bond acceptable to the council in an amount sufficient to cover the cost referred to in clause (A),
(k)
provide that the development officer shall not approve a subdivision plan if, in his or her opinion and in the opinion of the advisory committee or regional service commission,
(i)
the land is not suited to the purpose for which it is intended or may not reasonably be expected to be used for that purpose within a reasonable time after the subdivision plan is approved, or
(ii)
the proposed manner of subdividing will prejudice the possibility of further subdividing the land or the convenient subdividing of adjoining land,
(l)
provide that names of streets in subdivisions are subject to the approval of the advisory committee or regional service commission, or
(m)
in respect of a part of the local government set out within limits defined by regulation under the Surveys Act, the design and standard of legal survey monuments to be used in laying out subdivisions.
75(2)If, in accordance with subparagraph (1)(f), land for public purposes is required to be set aside and so indicated on a subdivision plan, a person proposing to subdivide land may
(a)
at a location approved under section 88, set aside a greater amount of land for public purposes than is required by the subdivision by-law, and
(b)
if the amount of land for public purposes vested in a local government by a subdivision plan filed in the land registration office exceeds the amount required by the subdivision by-law when the plan was approved, credit the excess amount against any further requirement in respect of any land of which the land comprised in the filed subdivision plan formed a part.
75(3)If a by-law includes a fee to be paid for the approval of a tentative plan referred to in paragraph (1)(a), the by-law may include different fees for the approval of tentative plans for type 1 subdivisions and type 2 subdivisions.