What is a Subdivision
Subdivision of land is the division of one parcel of land into two or more parcels, and may include the creation of private roads or public streets. Subdivision applications filed with FRSC are processed as either a Type 1 Subdivision or a Type 2 Subdivision.
A Type 1 Subdivision consists mainly of subdividing one or more parcels not involving subdivision for public-utilities, a private access, or land designated for future and/or public streets.
A Type 2 Subdivision involves the subdivision of land that requires the development of public utilities, approved private access, or land designated for future and/or public streets.
Examples of these types of subdivision include the creation of 1 or 2 lots from an existing larger lot, the conveyance a parcel of land to an adjoining property, or the development of a multi-lot residential subdivision with public streets or a cul-du-sac.
Subdividing Land within the FRSC
The requirements of subdividing of land in New Brunswick are regulated through the Community Planning Act and the Provincial Subdivision Regulation (80-159).
The subdivision of land within an unincorporated area of FRSC is subject to approval by a Development Officer with FRSC, and in some cases the Planning Review Adjustment Committee (PRAC) or Minister of Transportation & Infrastructure.
Likewise, the subdivision of land within the Village of St. Martins is subject to approval by the Development Officer. However, in some cases a subdivision application may require approval from the PRAC or Municipal Council.
The processing time of a subdivision approval varies depending on the complexity of the subdivision. Location, accessibility, or domestic water considerations may require the applicant to provide additional documentation or to acquire approvals from other government departments, such as a Department of Environment & Local Government Watercourse and Wetland Alteration permit or Department of Health approval for on-site sewage disposal.
If you plan on subdividing land in an unincorporated area within FRSC or the Village of St. Martins, it is important to first contact a Development Officer with FRSC to discuss your proposal.
The Development Officer can provide ideas and advice on your subdivision proposal and information on the subdivision approval process, determine if there are any policies or requirements in place that may affect the approval process, and answer any questions you may have.
The Development Officer will also check for compliance with the Community Planning Act, an existing Rural or Municipal Plan, Subdivision By-law, and any applicable legislation of various government departments to ensure that your project meets all legal requirements. These regulations and the subdivision approval process help to ensure that:
- lots are suitable for the proposed use;
- it will not cause prejudice to the possibility of further subdividing the land;
- convenient access is provided to the proposed subdivision and to lots within it; and
- allows for orderly development over time considering convenient subdivision of adjoining properties and future effects on the surrounding neighborhood and greater community.
Having this initial discussion with the Development Officer so that you understand the subdivision process prior to having a land surveyor prepare your proposed subdivision plan, can save time and money.
Submitting a Subdivision Application
After meeting with a Development Officer, you should contact a licensed NB Land Surveyor and have a Tentative Subdivision Plan prepared. Only Tentative Subdivision Plans prepared by a licensed NB Land Surveyor will be accepted with an Application. The registered property owner or an authorized agent (lawyer, land surveyor, etc.) are the only parties who can file a Subdivision Application. All Subdivision Applications submitted to the FRSC must include:
Tentative Plan prepared by a licensed New Brunswick Land Surveyor
Payment of the Application fee
The Subdivision Application Fees for both the Village of St. Martins and the unincorporated areas:
- Type 1 Subdivision = $200.00 plus $25.00 per lot; and
- Type 2 Subdivision (road or private access) = $500.00 plus $50.00 per lot.
General Subdivision Approval Process
- Consult with Development Officer (optional but recommended)
- Submit Application & Tentative Subdivision Plan for review.
(Plan to be prepared by a licensed New Brunswick Land Surveyor)
- Development Officer reviews Tentative Plan and submits a copy to all governmental departments involved to obtain comments and/or required approvals. (i.e. Departments of Environment, Transportation & Infrastructure, Health)
- If the application does not meet current standards, approval is required from PRAC. If the subdivision requires the construction of a public/future street and/or land for public purposes, approval is required from PRAC, and the Municipal Council and/or the Department of Transportation & Infrastructure.
- Development Officer indicates if any revisions are required.
- Final Subdivision Plan is prepared by a licensed New Brunswick Land Surveyor.
- Final Subdivision Plan is approved (stamped) by the Development Officer
- Approved Subdivision Plan is registered at the Registry Office.
Final Stage of Approval Process
The tentative plan must receive the approval of all necessary departments as required before it can be approved.
If the subdivision application is refused, the proponent has the right to appeal the decision to the New Brunswick Assessment and Planning Appeal Board. The appeal must be filed within 60 days of the decision.
The tentative plan is null and void at the expiration of 1 year from the date such approval or exemption was given. Note: The tentative plan is not eligible for registration in the registry office.
After a Development Officer has stamped the Final Subdivision Plans, the applicant must register the plans with the Registry Office within 1 year.