Municipal Government Act:
The Municipal Government Act allows for the creation of a Subdivision By-Law which shall be administered by the municipality’s Development Officer through Section 271 Subdivision By-Law. If a Municipality does not adopt a Subdivision By- Law all subdivisions are required to adhere to the provincial standards for subdivision as outlined in the Municipal Government Act, Section 269, Instrument of Subdivision and Section 270, Provincial Subdivision Regulations.
A Subdivision By-law may contain regulations pertaining to the creation of new land within the municipality including lot size, lot access, requirements for the design of streets and new infrastructure, and rules pertaining to a five percent (5%) park land contribution. The By-Law may also require that the applicant install sidewalks, pathways, trees, bus bays, storm water management measures and paving.
The Town of Yarmouth's Municipal Planning Strategy:
The Municipal Planning Strategy allows for lot requirements and site planning requirements for various zones and uses throughout the Town
Through the Subdivision By-Law, the Town has chosen to receive “cash-in-lieu of open space dedication” equal to five (5%) percent of the assessed value of new lots created. The cash received shall be used for the acquisition and capital improvement of parks, playgrounds and open-space areas within the Town. The strategy allows for this money to be used to create and enhance public recreational facilities, with a focus on developing the Town’s active transportation network.
Through the Subdivision By-Law, Council has required that private land owners and developers be responsible for the installation of the sewage collector line, the water distribution line and the laterals for sewer and water services where subdivisions involving new roads are being developed.
Through the Subdivision By-Law, Council has required that the construction of any proposed public streets, including the roadbeds, travel surface, sanitary sewer system, storm sewer system, water system, curb and gutter, sidewalks and walkways be done by the developer to no less than the minimum standards set.