Acts and Regulations

2017, c.19 - Community Planning Act

Section 84
Disposition versions

Full text
Application for approval of subdivision plan
84(1)A person referred to in subsection 83(1) may submit to the development officer a written application for approval of a subdivision plan for all or a part of the land included in the tentative plan, or in relation to which the exemption referred to in that subsection was granted, and accompanied by copies of the subdivision plan in the number and form determined by the development officer.
84(2)A subdivision plan referred to in subsection (1) shall be drawn
(a) to a scale having a ratio of one to 1,000, except if, in the opinion of the development officer, a ratio of one to 500, one to 2,000 or one to 5,000 is more practical,
(b) on one of the following sizes of material:
(i) 21.5 cm × 35.5 cm,
(ii) 35.5 cm × 43 cm, or
(iii) 50 to 75 cm × 50 cm to 100 cm, and
(c) in a manner that the space left on the face of the plan for the approval of the development officer, an assent of the Minister of Transportation and Infrastructure or a council and the particulars of filing in the land registration office is acceptable to the development officer with respect to adequacy and location.
84(3)A subdivision plan shall set out the following:
(a) in the title block,
(i) the name of the subdivision,
(ii) if required by the development officer, the name of a street to which the subdivision has access,
(iii) the local government or parish, and the county and province in which the land is located, and
(iv) the scale and date of the survey;
(b) the name of the owner of the land and the details of registration of the deed or deeds of the land;
(c) the north point of the plan, indicated by an arrow oriented other than toward the lower edge of the plan or extension of the plan;
(d) the distances from, and the relation to, existing survey monuments and markers;
(e) the boundaries of that part of the plan to be approved marked by a black line of greater weight than all other lines on the diagram of the plan;
(f) the area of land to be vested in the local government as streets, indicated by the names of the streets and, in smaller print immediately below each name, the word “public” and, if a portion only of the street shown on the plan is to be so indicated, the portion is to be denoted by a line drawn across and at right angles to the street at each terminus thereof identified by an arrow;
(g) the area of land to be vested in the local government as future streets, indicated by the words “future street”;
(h) the area of land to be conveyed as land for public purposes, indicated by the words “land for public purposes”;
(i) the area of land with respect to which easements are to be granted, indicated by words describing the purpose of the easement;
(j) subject to subsection (4), the boundaries of streets and other parcels of land by means of solid black lines;
(k) the location, dimensions and names of streets abutting the subdivision;
(l) the nature, location and dimensions of an existing restrictive covenant, easement or right-of-way;
(m) any numbers and letters necessary to accurately identify each lot or other parcel of land and, if available, the civic number of the lot or parcel;
(n) the location and description of legal survey monuments;
(o) any applicable proposed street boundary or building line established by a deferred widening by-law;
(p) a building line or set-back affecting the subdivision under paragraph 75(1)(h) or an agreement referred to in section 131; and
(q) except in the case of a subdivision plan of land in a local government that indicates, to the satisfaction of the development officer, the location of the subdivision on the diagram of the plan, the location of the proposed subdivision in relation to existing streets or prominent natural features on a small key plan drawn to a scale having a ratio of not less than one to 20,000.
84(4)With respect to the boundaries of streets and other parcels of land set out on a subdivision plan, the plan shall show azimuths and distances and the radii, central angles and arcs of the boundaries for circular curves.
84(5)A subdivision plan shall be
(a) prepared especially for the subdivision,
(b) marked “Subdivision Plan”,
(c) signed by the owner of the land in the subdivision or a person who is an authorized agent of the owner,
(d) certified as correct and sealed by a New Brunswick Land Surveyor, and
(e) accompanied by
(i) the proof of title the development officer considers advisable, and
(ii) if the plan is signed by an agent under paragraph (c), a copy of a written authorization of the owner.
84(6)If any information required by subsection (5) is shown on the plan filed in the land registration office, the subdivision plan or a plan referred to in paragraph 90(1)(a) may indicate, in lieu of setting out the information, that the information appears on the plan that is filed, referring to the plan by its name, date and registration data.
84(7)Subject to any other Act or to a delegation under paragraph 75(1)(l), the naming of streets in subdivisions is subject to the approval of the council in consultation with the advisory committee or regional service commission.
2021, c.44, s.1
Application for approval of subdivision plan
84(1)A person referred to in subsection 83(1) may submit to the development officer a written application for approval of a subdivision plan for all or a part of the land included in the tentative plan, or in relation to which the exemption referred to in that subsection was granted, and accompanied by copies of the subdivision plan in the number and form determined by the development officer.
84(2)A subdivision plan referred to in subsection (1) shall be drawn
(a) to a scale having a ratio of one to 1,000, except if, in the opinion of the development officer, a ratio of one to 500, one to 2,000 or one to 5,000 is more practical,
(b) on one of the following sizes of material:
(i) 21.5 cm × 35.5 cm,
(ii) 35.5 cm × 43 cm, or
(iii) 50 to 75 cm × 50 cm to 100 cm, and
(c) in a manner that the space left on the face of the plan for the approval of the development officer, an assent of the Minister of Transportation and Infrastructure or a council and the particulars of filing in the land registration office is acceptable to the development officer with respect to adequacy and location.
84(3)A subdivision plan shall set out the following:
(a) in the title block,
(i) the name of the subdivision,
(ii) if required by the development officer, the name of a street to which the subdivision has access,
(iii) the local government or parish, and the county and province in which the land is located, and
(iv) the scale and date of the survey;
(b) the name of the owner of the land and the details of registration of the deed or deeds of the land;
(c) the north point of the plan, indicated by an arrow oriented other than toward the lower edge of the plan or extension of the plan;
(d) the distances from, and the relation to, existing survey monuments and markers;
(e) the boundaries of that part of the plan to be approved marked by a black line of greater weight than all other lines on the diagram of the plan;
(f) the area of land to be vested in the local government as streets, indicated by the names of the streets and, in smaller print immediately below each name, the word “public” and, if a portion only of the street shown on the plan is to be so indicated, the portion is to be denoted by a line drawn across and at right angles to the street at each terminus thereof identified by an arrow;
(g) the area of land to be vested in the local government as future streets, indicated by the words “future street”;
(h) the area of land to be conveyed as land for public purposes, indicated by the words “land for public purposes”;
(i) the area of land with respect to which easements are to be granted, indicated by words describing the purpose of the easement;
(j) subject to subsection (4), the boundaries of streets and other parcels of land by means of solid black lines;
(k) the location, dimensions and names of streets abutting the subdivision;
(l) the nature, location and dimensions of an existing restrictive covenant, easement or right-of-way;
(m) any numbers and letters necessary to accurately identify each lot or other parcel of land and, if available, the civic number of the lot or parcel;
(n) the location and description of legal survey monuments;
(o) any applicable proposed street boundary or building line established by a deferred widening by-law;
(p) a building line or set-back affecting the subdivision under paragraph 75(1)(h) or an agreement referred to in section 131; and
(q) except in the case of a subdivision plan of land in a local government that indicates, to the satisfaction of the development officer, the location of the subdivision on the diagram of the plan, the location of the proposed subdivision in relation to existing streets or prominent natural features on a small key plan drawn to a scale having a ratio of not less than one to 20,000.
84(4)With respect to the boundaries of streets and other parcels of land set out on a subdivision plan, the plan shall show azimuths and distances and the radii, central angles and arcs of the boundaries for circular curves.
84(5)A subdivision plan shall be
(a) prepared especially for the subdivision,
(b) marked “Subdivision Plan”,
(c) signed by the owner of the land in the subdivision or a person who is an authorized agent of the owner,
(d) certified as correct and sealed by a New Brunswick Land Surveyor, and
(e) accompanied by
(i) the proof of title the development officer considers advisable, and
(ii) if the plan is signed by an agent under paragraph (c), a copy of a written authorization of the owner.
84(6)If any information required by subsection (5) is shown on the plan filed in the land registration office, the subdivision plan or a plan referred to in paragraph 90(1)(a) may indicate, in lieu of setting out the information, that the information appears on the plan that is filed, referring to the plan by its name, date and registration data.
84(7)Subject to any other Act or to a delegation under paragraph 75(1)(l), the naming of streets in subdivisions is subject to the approval of the council in consultation with the advisory committee or regional service commission.
Application for approval of subdivision plan
84(1)A person referred to in subsection 83(1) may submit to the development officer a written application for approval of a subdivision plan for all or a part of the land included in the tentative plan, or in relation to which the exemption referred to in that subsection was granted, and accompanied by copies of the subdivision plan in the number and form determined by the development officer.
84(2)A subdivision plan referred to in subsection (1) shall be drawn
(a) to a scale having a ratio of one to 1,000, except if, in the opinion of the development officer, a ratio of one to 500, one to 2,000 or one to 5,000 is more practical,
(b) on one of the following sizes of material:
(i) 21.5 cm × 35.5 cm,
(ii) 35.5 cm × 43 cm, or
(iii) 50 to 75 cm × 50 cm to 100 cm, and
(c) in a manner that the space left on the face of the plan for the approval of the development officer, an assent of the Minister of Transportation and Infrastructure or a council and the particulars of filing in the land registration office is acceptable to the development officer with respect to adequacy and location.
84(3)A subdivision plan shall set out the following:
(a) in the title block,
(i) the name of the subdivision,
(ii) if required by the development officer, the name of a street to which the subdivision has access,
(iii) the local government or parish, and the county and province in which the land is located, and
(iv) the scale and date of the survey;
(b) the name of the owner of the land and the details of registration of the deed or deeds of the land;
(c) the north point of the plan, indicated by an arrow oriented other than toward the lower edge of the plan or extension of the plan;
(d) the distances from, and the relation to, existing survey monuments and markers;
(e) the boundaries of that part of the plan to be approved marked by a black line of greater weight than all other lines on the diagram of the plan;
(f) the area of land to be vested in the local government as streets, indicated by the names of the streets and, in smaller print immediately below each name, the word “public” and, if a portion only of the street shown on the plan is to be so indicated, the portion is to be denoted by a line drawn across and at right angles to the street at each terminus thereof identified by an arrow;
(g) the area of land to be vested in the local government as future streets, indicated by the words “future street”;
(h) the area of land to be conveyed as land for public purposes, indicated by the words “land for public purposes”;
(i) the area of land with respect to which easements are to be granted, indicated by words describing the purpose of the easement;
(j) subject to subsection (4), the boundaries of streets and other parcels of land by means of solid black lines;
(k) the location, dimensions and names of streets abutting the subdivision;
(l) the nature, location and dimensions of an existing restrictive covenant, easement or right-of-way;
(m) any numbers and letters necessary to accurately identify each lot or other parcel of land and, if available, the civic number of the lot or parcel;
(n) the location and description of legal survey monuments;
(o) any applicable proposed street boundary or building line established by a deferred widening by-law;
(p) a building line or set-back affecting the subdivision under paragraph 75(1)(h) or an agreement referred to in section 131; and
(q) except in the case of a subdivision plan of land in a local government that indicates, to the satisfaction of the development officer, the location of the subdivision on the diagram of the plan, the location of the proposed subdivision in relation to existing streets or prominent natural features on a small key plan drawn to a scale having a ratio of not less than one to 20,000.
84(4)With respect to the boundaries of streets and other parcels of land set out on a subdivision plan, the plan shall show azimuths and distances and the radii, central angles and arcs of the boundaries for circular curves.
84(5)A subdivision plan shall be
(a) prepared especially for the subdivision,
(b) marked “Subdivision Plan”,
(c) signed by the owner of the land in the subdivision or a person who is an authorized agent of the owner,
(d) certified as correct and sealed by a New Brunswick Land Surveyor, and
(e) accompanied by
(i) the proof of title the development officer considers advisable, and
(ii) if the plan is signed by an agent under paragraph (c), a copy of a written authorization of the owner.
84(6)If any information required by subsection (5) is shown on the plan filed in the land registration office, the subdivision plan or a plan referred to in paragraph 90(1)(a) may indicate, in lieu of setting out the information, that the information appears on the plan that is filed, referring to the plan by its name, date and registration data.
84(7)Subject to any other Act or to a delegation under paragraph 75(1)(l), the naming of streets in subdivisions is subject to the approval of the council in consultation with the advisory committee or regional service commission.