Approval of subdivision plan for streets and land for public purposes
2021, c.44, s.1
88(1)If a subdivision plan of land in a municipality provides for the laying out of public or future streets or the setting aside of land for public purposes, approval of the plan by the development officer shall not be given until the plan has been assented to by the council.
88(1.1)Subsection (1) does not apply to the laying out of public or future streets referred to in subsection 87(1.1).
88(2)If a subdivision plan in a rural community that has made a by-law under section 10 of the
Local Governance Act with respect to the service of roads and streets provides for the laying out of public or future streets, approval of the plan by the development officer shall not be given until the plan has been assented to by the rural community council.
88(3)If a subdivision plan in a rural community provides for the setting aside of land for public purposes, approval of the plan by the development officer shall not be given until the plan has been assented to by the rural community council.
88(4)An assent under this section shall not be given until
(a)
subject to subsection (8), the advisory committee or regional service commission has recommended the location of the streets referred to in subsection (1) or (2) or the land for public purposes referred to in subsection (1) or (3), or both, as the case may be, or the recommendation has been rejected by a majority of the members of council, and
(b)
paragraph 75(1)(
i) has been complied with.
88(5)The assent shall be certified under the corporate seal of the local government, signed by the clerk and endorsed on the face of the subdivision plan.
88(6)If a subdivision plan has been assented to under this section and approved by the development officer, the land indicated on the plan as being streets or land for public purposes vests, on the filing of the plan in the land registration office, in the local government in the following manner:
(a)
land indicated on the plan as a public street vests, free from any lien or encumbrances, as a local government street,
(b)
land indicated on the plan as a future street vests, free from any lien or encumbrances, as property acquired for purposes of a future street, and
(c)
land indicated on the plan as land for public purposes vests, free from any lien or encumbrances, as land for public purposes.
88(7)If a subdivision plan has been assented to under this section and approved by the development officer, the easements designated on the plan in accordance with the regulations vest the rights prescribed by regulation, free from any lien or encumbrance, on the filing of the plan in the land registration office,
(a)
in the local government, or
(b)
in the public utility indicated on the face of the plan.
88(8)In making a recommendation in respect of streets under paragraph (4)(
a), an advisory committee or regional service commission shall give consideration to
(a)
the topography of the land proposed for subdivision,
(b)
the creation of lots suitable for the intended use thereof,
(c)
having street intersections and interceptions as nearly as possible being at right angles, and
(i)
convenient access to the proposed subdivision and to lots within it, and
(ii)
convenient further subdividing of the land proposed for subdivision or the subdividing of adjoining land.
2021, c.44, s.1; 2022, c.56, s.1