Subdivision Approval :: Southwest New Brunswick Service Commission

What is a subdivision?

A subdivision includes the splitting, dividing, or adding of a parcel of land. The Community Planning Act and the Subdivision Regulation or Subdivision By-laws control the subdividing of land in New Brunswick.

What are the requirements for lot sizes?

For municipalities, it’s best to call us for specifics, as the lot size requirements may vary by zone or land use. Lot size minimum and frontage requirements can sometimes allow for very small building lots if there is adequate sewer or municipal water is available to serve the land use, potentially as little as 50 square meters (540 square feet) in a downtown area. For unincorporated areas, the minimum lot size for a typical building lot with frontage on a maintained public road and serviced by a well and septic system is:

• 54 meters of width (180 feet)
• 38 meters of depth (125 feet)
• 4000 square meters of area (1 acre)

Other minimum lot sizes apply for a lot in an unincorporated areas that are in areas designated in a plan for resource development (e.g. pits, farms, forestry, fishery). For example, lots for rural resource development typically require a minimum of 2 hectares of lot size and require a primary resource development purpose in order to subdivide a lot.

What if your proposed lot sizes do not meet the required minimum?

When the proposed subdivision of land does not meet the minimum lot requirements, it is possible to request a “variance” from the Planning Review and Adjustment Committee or a municipality's own planning advisory committee (if applicable). A variance may be approved if it considered reasonable, desirable for the development of land, and it fits with the general spirit of the by-law. Variances requests may otherwise be rejected with no refund provided for the application. They can take 6-10 weeks to be decided, depending on when the application is made.

How long does a subdivision application take to be complete?

Subdivision applications to the Southwest New Brunswick Service Commission may take about 10 weeks or longer to process, depending on whether other approvals are required. Generally, subdivisions involving the creation of a new public or private road take a longer time to approve. In order to have a subdivision application processed quickly, all required documentation must be supplied to the Commission with the application and be completed correctly in accordance with all applicable acts, by-laws and regulations. This includes a tentative plan provided by a legal land surveyor, WAWA permits, and a complete description of the future intended land uses for the lot(s) being subdivided

What other requirements might there be?

Applications need to show a legal access, either from an existing street, road, or private access, or through a right of way.
Applications need to have a surveyor assert the property is suitable for construction of an on-site septic system (if not already present) or be eligible to be serviced by a municipal sewer and water service.
Applications for the creation of multiple unserviced lots may require some form of a water supply assessment.
Applications may be required to include a contour and drainage plan.
Applications in municipalities, or in rural areas where there is a creation of a public road, may require a subdivision agreement and a performance bond be posted.
Applications in municipalities involving a new public road or private access require a percentage (e.g. 8%) of total lands being subdivided to be dedicated as land for public purposes. These lands are used by municipalities to build parks, trails, public water access, utility stations, or other public purposes.
Applications must consider options for convenient subdividing of adjoining parcels of land (i.e. future streets) so that a interconnecting grid of public streets can eventually be developed in the long-term future.
Applications must avoid creating overly-long dead end private accesses or streets that can be problematic for emergency response and natural hazards (e.g. 365 m is an accepted maximum length back to a publicly maintained road).

Subdivision approval process

Step 1:
Consult with Development Officer - (506) 466-7369

Step 2:
Subdivision Application
Present tentative subdivision plan (see image). The plan needs to show the proposed lot, any existing buildings, as well as the distance from roads and other landmarks including streams and waterways.

Step 3:
Obtain required approvals from other Departments.

Step 4:
Where required, proposal heard by Planning Review and Adjustment Committee or a municipality's own planning advisory committee (if applicable).

Step 5:
Development Officer indicates if any revisions are required.

Step 6:
Final version of the plan is prepared by a New Brunswick surveyor.

Step 7:
Final subdivision plan is Approved by Development Officer.

Step 8:
Approved subdivision plan is registered at the Registry Office.