- Updated to: March 16, 2010 -

(Click HERE for Previous Version of this Regulation)

EC2000-693

Pursuant to section 8 and 8.1 of the Planning Act R.S.P.E.I. 1988, Cap. P-8, Council made the following regulations:

PART 1

INTERPRETATION

Definitions

accessory building

(a) "accessory building" means a building whose use is incidental and subordinate to, and consistent with, the main or approved use of the lot upon which the building is located;

Act

(a.1) "Act" means the Planning Act R.S.P.E.I. 1988, Cap. P-8;

alter

(a.2) "alter" means to make a change in the size, shape, bulk, or structure, whether interior or exterior, of a building or any part thereof, but does not include repairs carried out for the purposes of maintenance or non-structural renovation or improvement;

amusement type attraction

(a.3) "amusement type attraction" means a commercial or recreational establishment where buildings or structures have been erected or are proposed for the purpose of amusement in the form of a circus, carnival, midway show, sideshow, or similar exhibition where one of the following classes of recreation are provided:

(iii) any petting zoo or farm;

approved subdivision

(a.4) "approved subdivision" means a lot or lots for which final approval has been granted pursuant to section 27;

arterial highway

(b) "arterial highway" means any highway that has been designated as an arterial highway under the provisions of the Roads Act Highway Access Regulations;

baymouth barrier sand dune

(b.1) revoked by EC137/09;

beach

(b.2) "beach" means that portion of land between the ordinary or mean high water mark and the water’s edge;

buffer

(b.3) "buffer" means an area of land which serves to separate two or more different types of land use;

building

(c) "building" means any structure having a roof supported by columns or walls intended for the shelter, housing or enclosure of any person, animal, or chattel, and includes a mini home or mobile home;

building height

(c.1) "building height" means the number of storeys contained between the roof and the floor of the first storey;

campground or RV park

(c.2) "campground or RV park" means a parcel of land used or permitted to be used by the travelling public that provides sites for tents, trailers, or motor homes but does not include industrial, work or construction camps or permanent mobile home parks;

central waste treatment system

(c.3) "central waste treatment system" means a waste treatment system as defined in the Environmental Protection Act R.S.P.E.I. 1988, Cap. E-9 and controlled by a public or private utility;

central water supply system

(c.4) "central water supply system" means a water works for the collection, treatment, purification, storage, supply or distribution of water to

(ii) a public building or place of assembly;

change of use

(d) "change of use" means

child

Revoked by EC137/09;

cluster subdivision

(d.2) Revoked by EC137/09;

coastal area

(d.3) "coastal area" means all the lands, including surface water bodies, streams, rivers, and off-shore islands in the province, lying within 1640 feet (500 metres) inland and seaward of the mean high water mark of all coastal and tidal waters;

collector highway

(e) "collector highway" means any highway that has been designated as a collector highway under the provisions of the Roads Act Highway Access Regulations;

commercial

(e.1) "commercial" means the use of a building or lot for the storage, display or sale of goods or services, and includes hotels, motels, inns, or rental cottages;

commercial eco-tourism use

(e.2) "commercial eco-tourism use" means the development and management of tourism within the Greenwich, Prince Edward Island National Park, through the use of any land or building for any retail or service use, except any amusement type attraction, so that the natural environment is preserved.

commercial tourist use

(e.3) "commercial tourist use" includes the use of any land, building, or structure for the storage, display, or sale of goods or services and includes hotels, motels, country inns, Bed & Breakfast establishments and rental cottages, but does not include campgrounds or RV parks, or amusement type attractions;

common elements

(f) Revoked by EC352/01;

condominium

(f.1) Revoked by EC352/01;

deck

(f.2) Revoked by EC137/09;

detrimental impact

(f.3) "detrimental impact" means any loss or harm suffered in person or property in matters related to public health, public safety, protection of the natural environment and surrounding land uses, but does not include potential effects of new subdivisions, buildings or developments with regard to

(iv) development approved pursuant to subsection 9(1) of the Environmental Protection Act;

development

(g) "development" means

dwelling

(g.1) "dwelling" means a building or portion thereof designed, arranged or intended for residential occupancy, and

(iv) "multiple unit dwelling" means a building containing three or more dwelling units,

entrance way

(g.2) "entrance way" means a vehicular access to a parcel of land from a public road;

estuary

(g.3) revoked by EC137/09;

existing parcel of land

(h) "existing parcel of land" means any parcel of land or lot in existence prior to February 3, 1979;

farm parcel

(h.1) "farm parcel" means land comprising an area of 50 acres (20.2 hectares) or more including any complementary buildings, utilized for the purpose of sowing, cultivation and harvesting of crops, rearing of livestock or production of raw dairy products, and may comprise a lesser area when operated as a farm enterprise by a bona fide farmer as defined in the Real Property Assessment Act R.S.P.E.I. 1988, Cap. R-4;

farm dwelling

(h.2) "farm dwelling" means a single unit dwelling that is located on a farm parcel, and is owned and occupied by the principal owner of the farm parcel, a person whose primary occupation is to work on the farm parcel, or the son or daughter of the principal owner of the farm parcel;

first storey

(h.3) "first storey" means the uppermost storey having its floor level not more than 6.5 feet (2 metres) above grade;

floor area

(i) "floor area" means the area provided on each of one or more levels, measured from the outside walls of the building;

forested riparian zone

(i.1) revoked by EC137/09;

frontage

(i.2) "frontage" means the width of a lot or a parcel of land where it abuts a street or a road;

garden suite

(i.3) "garden suite" means a single unit that is placed on a lot on a temporary basis and that

(vi) is for the sole and exclusive use as an accessory dwelling to a single unit dwelling or mobile home or a mini home on the same lot or parcel of land by

(C) a caregiver for a family member of the owner or spouse of the owner of the single unit dwelling on the same lot or parcel who qualifies under paragraph (A) or (B) and who also resides in the garden suite;

grade

(i.4) "grade" means the lowest of the average levels of finished ground adjoining each exterior wall of a building, except that localized depressions such as for vehicle or pedestrian entrances need not be considered in the determination of average levels of finished ground;

Highway Access Regulations

(j) "Highway Access Regulations" means the Highway Access Regulations (EC580/95) made under the Roads Act R.S.P.E.I. 1988, Cap. R-15;

industrial use

(j.1) "industrial use" means the use of a building or lot for the storage, distribution, processing, assembly or recycling of wholesale products, goods or materials, or for activities relating to transportation, extraction, manufacturing, construction, warehousing, assembly or general repair;

institutional use

(j.2) "institutional use" means the use of land or buildings for non-profit or public purposes including but not limited to, hospitals, government buildings, religious institutions, churches, public schools, colleges, cultural centres, libraries and public recreational and park buildings;

light industrial use

(j.3) "light industrial use" means use of land or buildings for fabrication, manufacturing, assembly, treatment or warehousing of goods, but does not include industrial processing or other process which may result in the creation of hazardous or offensive conditions related to noise, odour, smoke or effluent;

loading space

(k) "loading space" means an off-street area designed to accommodate a vehicle while loading or unloading produce or materials;

local highway

(k.1) "local highway" means any highway that has been designated as a local highway under the provisions of the Highway Access Regulations;

lot

(k.2) "lot" means a measured parcel of land having fixed boundaries and;

mini home

(l) "mini home" means a single unit dwelling, designed to be transported on wheels and axles attached temporarily for moving purposes;

mobile home

(l.1) "mobile home" means a single  unit dwelling designed to be transported on permanently fixed wheels, axles and chassis;

mobile home park

(l.2) "mobile home park" means a parcel of land planned and developed for the placement of mobile homes and mini homes;

non-essential highway

(m) "non-essential highway" means any highway that has been designated as a non-essential highway pursuant to the Highway Access Regulations;

off-shore island

(m.1) Revoked by EC137/09;

open space

(m.2) "open space" means an outdoor amenity space of active or passive recreational use;

panhandle lot

(n) "panhandle lot" means a lot that does not have the minimum frontage on a road required by these regulations, but has a driveway or right-of way connection providing access to a public road or privately owned subdivision road;

parcel

(n.1) "parcel" means a lot or other division of land which is recognized as a separate unit of land for the purposes of these regulations;

parking area

(n.2) "parking area" means a portion of land, or of a building or structure, set aside for the parking and manoeuvring of motor vehicles;

parking stall

(o) "parking stall" means that portion of a parking area, excluding motor vehicle manoeuvring areas, that will accommodate one motor vehicle;

perimeter coastline

(o.1) "perimeter coastline" means the coastal area of the Prince Edward Island landmass that borders directly on waters of the Northumberland Strait, the Gulf of St. Lawrence, Egmont Bay, Bedeque Bay, Hillsborough Bay, Cardigan Bay, Boughton Bay, Howe Bay, Rollo Bay, and Colville Bay, as outlined in black on the map attached as Appendix 2 to the Environmental Protection Act;

primary sand dune

(p) Revoked by EC137/09;

private road

(p.1) "private road" means a road, street or right-of-way that is not a public road;

professional engineer

(p.2) "professional engineer" means an engineer who is a member in good standing of the Association of Professional Engineers of Prince Edward Island and holds a license to practise issued by the Association;

public road

(q) "public road" means all parts of the townships of the province reserved in the grants of patents thereof for public roads, all roads laid out by virtue of any statute and all roads whereon public money has been expended for common and public highways except where the roads have been altered or closed, or shall be altered or closed according to law, and excluding, in all circumstances, farm lanes;

public utility

(iii) for the provision of water or sewerage service,

either directly or indirectly, to or for the public. (EC176/03)

recreational use

(q.1) "recreational use" means the use of land or buildings for passive or active recreational entertainment, pursuit or sport, including but not limited to golf courses, marinas, ski parks, hiking and cycling trails, parks, playgrounds and their amenities;

residential unit

(r) Revoked by EC137/09;

resort development

(r.1) "resort development" means 

(ii) a residential subdivision containing a minimum of 20 lots or a residential development containing a minimum of 20 residential units;

resource use

(r.2) "resource use" means the use of land or buildings for the production and harvesting or extraction of any agricultural, forestry, or fisheries product;

resource industrial use

(r.3) "resource industrial use" means the use of land or buildings for any industrial development directly associated with agriculture, fisheries or forestry industries;

Rural Development Zone

(r.4) Revoked by EC137/09;

rural tourism use

(s) "rural tourism use" means the use of a building or land for non-recreational commercial uses related to tourism, including rental accommodations and campgrounds;

sand dune

(s.1) "sand dune" means a wind or wave deposited formation of vegetated or drifting wind-blown sand that lies generally parallel to, and landward of a beach, and between the upland limit of a beach and the most inland extent of sand deposits;

scenic heritage road

(s.2) revoked by EC208/07;

semi-detached commercial development

(s.3) revoked by EC593/05;

seasonal highway

(t) "seasonal highway" means any highway that has been designated as a seasonal highway under the provisions of the Highway Access Regulations;

secondary sand dune

(t.1) Revoked by EC137/09;

sewage disposal system

(t.2) "sewage disposal system" means any system or part thereof for disposing of sewage or waste by means of one or more settling or septic tanks and one or more disposal fields, and any other system or part thereof for sewage or waste disposal not directly connected to a municipal or approved central waste treatment system;

standpipe system

(u) "standpipe system" means a pipe and attendant hose valves and hose used for conveying water to various parts of a building for fire fighting purposes;

storey

(u.1) "storey" means that portion of a building which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and ceiling above it;

St. Peters Village Zone

(u.2) Revoked by EC137/09;

structure

subdivide

(v.1) "subdivide" means to divide a parcel of land by means of a plan of subdivision, plan of survey, agreement, deed or any instrument, including a caveat, transferring or creating an estate or interest in part of the parcel;

summer cottage

(v.2) "summer cottage" means a single unit dwelling that is intended to be occupied primarily during the summer months;

travel trailer

(w) "travel trailer" means a vehicle designed to be used as temporary accommodation for travel, recreation and vacation purposes;

variance

(w.1) “variance” means a limited relaxation from the provisions of these regulations with respect to setbacks, area, height or size of a structure where, owing to the conditions peculiar to the parcel, and not the result of actions of the applicant, a literal enforcement of the regulations would result in unnecessary or undue hardship;

watercourse

(w.2) "watercourse" means a watercourse as defined in the Environmental Protection Act Watercourse and Wetland Protection Regulations;

wetland

(x) "wetland" means a wetland as defined in the Environmental Protection Act Watercourse and Wetland Protection Regulations;

wildlife

(y) "wildlife" has the same meaning as in the Wildlife Conservation Act R.S.P.E.I. 1988, Cap. W-4.1;

yard

(z) "yard" means an area of land adjoining a building, and

(iv) "side yard" means a yard extending from the front yard to the rear yard between a side lot line of the lot and the nearest main wall of the principle building, exclusive of any chimney breast or entrance steps.  (EC693/00; 191/01; 352/01; 176/03; 349/04; 593/05; 208/07; EC137/09; 422/09)

PART II

APPLICATION OF REGULATIONS

Application

2. (1) These regulations apply to all areas of the province except, subject to subsection (2), those municipalities with official plans and bylaws.

Special planning areas within municipalities

(2) Where a special planning area established pursuant to section 8.1 of the Act includes a municipality or part thereof with an official plan and bylaws, no council shall issue a permit unless the proposed development complies with the regulations established for that special planning area. (EC693/00)

PART III

STANDARDS

A - GENERAL

General requirements - subdivisions

3. (1) No person shall be permitted to subdivide land where the proposed subdivision would

(d) have a detrimental impact.

Idem, development permits

(2) No development permit shall be issued where a proposed building, structure, or its alteration, repair, location, or use or change of use would

(e) result in a fire hazard to the occupants or to neighbouring buildings or structures.

Forested area adjacent to watercourse or wetland

(3) Revoked by EC137/09.

Entrance ways

(4) Notwithstanding any other provisions of these regulations, no development permit shall be issued in respect of a development involving the change of use of an entrance way or the creation of an entrance way to any highway where an entrance way permit is required unless an entrance way permit has first been granted by the Minister of Transportation and Public Works. (EC693/00; 137/09)

Approval with conditions

4. (1) An approved subdivision or development permit may be made subject to any conditions necessary to ensure compliance with these regulations, other regulations made pursuant to the Act, or any relevant sections to the Environmental Protection Act, Roads Act, Provincial Building Code Act R.S.P.E.I. 1988, Cap. P-24, or the Fire Prevention Act R.S.P.E.I. 1988, Cap. F-11.

Owner ensures compliance

(2) Where an approved subdivision or development permit is granted subject to conditions in accordance with subsection (1), the owner shall ensure that the subdivision or development complies with the conditions.

Development agreement

(3) The conditions of approval may include a requirement that the owner enter into a development agreement specifying any special measures that must be carried out in order to ensure compliance with the regulations referred to in subsection (1).  (EC693/00)

Other approvals required

5. No approval shall be given pursuant to these regulations until the following permits or approvals have been obtained as appropriate:

(e) where a Quality Control Plan is required under the Barrier-Free Design Regulations (EC139/95) made under the Provincial Building Code Act, until the Quality Control Plan has been submitted and accepted in accordance with the regulations. (EC693/00)

Development, private road

6. (1) No development for any year round use shall be permitted on a lot or parcel served by a private road.

Permitted development types

(2) Notwithstanding subsection (1), the following types of development may be permitted on a lot or parcel served by a private road:

(e) summer cottages,

(a) the building and property located at 5 and 7 Ashwood Avenue, Slemon Park, being approximately 0.83 acres and bounded by Ashwood Avenue, Fifth Street and Cherrywood Avenue;

(b) the buildings and property located at 66 Argus Avenue, Slemon Park, being approximately 6.01 acres, and bounded by Argus Avenue, Fifth Street and Redwood Avenue. (EC693/00; 352/01; 176/03; 612/03; 349/04; 386/04)

Inspection

7. An application for a subdivision approval or development permit shall constitute authorization for inspection of the land, building, structure or premises in question. (EC393/00)

Non-conforming use

8. (1) Subject to subsections (2) and (3), any legal use of a building or structure existing prior to the enactment of these regulations that contravenes the provisions of these regulations may continue as a non-conforming use.

Expansion

(2) A non-conforming use may be enlarged or expanded provided that the enlargement or expansion does not increase the level of non-compliance.

Abandonment

(3) If, in the opinion of the Minister, a non-conforming use has been discontinued or abandoned, the building or structure shall not be used except in conformance with the requirements of these regulations.  (EC693/00)

Non-compliance

9. Where a subdivision or development has occurred contrary to sections 12 or 31, but which otherwise conforms with the requirements of these regulations, a subdivision approval or a development permit may be granted by the Minister following application by the owner. (EC693/00)

Variance

10. (1) A variance from the provisions of these regulations may be granted where

(c) the circumstance for which the variance is requested is not the result of an intentional disregard for the requirements of the regulations.

Variance of up to 10%

(2) A variance of up to 10% from the provisions of these regulations may be granted where

(b) there is, in the opinion of the Minister, no reasonable alternative available.

Variance of more than 10%

(3) A variance of more than 10% from the provisions of these regulations may be granted where

(c) Revoked by EC386/04.

No variance for sight distance

(4) Notwithstanding subsections (1), (2) and (3), no variance from the sight distance standards set out in the Highway Access Regulations shall be granted. (EC693/00; 386/04)

Public meeting

11. (1) The Minister may hold a public meeting regarding any subdivision or development proposed under these regulations.

Requirements

(2) Where a public meeting is called in accordance with subsection (1):

(f) the owner or a representative of the owner shall attend the meeting to answer questions from the public respecting the proposed subdivision or development.  (EC693/00)

B - SUBDIVISIONS

Subdivision approval

12.(1)    No person shall subdivide land without first obtaining final approval of the subdivision from the Minister.

Naturally subdivided

(2) Notwithstanding subsection (1), where a parcel is naturally subdivided into two or more units by a public road, a watercourse, or other body of water, each of the units shall be treated as a separate parcel.

Independent sale

(3) Where one or more of the parcels described in subsection (2) are to be conveyed independently of any other parcel under the same ownership, a subdivision approval shall not be required. (EC693/00; 575/01; 137/09)

Principles

13. Subdivision designs shall be based on sound planning, engineering, and environmental principles, and shall demonstrate that the proposed subdivision is suited to the intended use, having due regard for

(j) natural features. (EC693/00)

Application for approved subdivision

14. (1) An application for subdivision shall be made on a form prescribed by the Minister, and shall include the following:

(f) all required fees.

Five or fewer lots

2) An application for the subdivision of five lots or fewer shall be accompanied by

(b) any additional information the Minister considers necessary.

Six or more lots

(3) An application for the subdivision of six or more lots shall be accompanied by

(a) a plan or plans showing

(b) any additional information the Minister considers necessary.

Number of lots

(4) For the purpose of determining the number of lots, all parcels to be severed from the original parcel shall be counted.

Incremental subdivision

(5) All provisions of these regulations for subdivisions of six or more lots shall apply where a parcel has been subdivided incrementally so as to bring the number of lots created since June 12, 1993 to six or more.  (EC693/00; 137/09)

Open space

15. (1) Except for a residential subdivision having five or fewer lots, or a subdivision intended for commercial, industrial or other non-residential uses, the owners of lots being subdivided shall set aside open space in the subdivision for recreation or park use equal to a minimum of 10% of the total area of the lots being subdivided. 

Idem, held in common

(2) Open space set aside in accordance with subsection (1) shall be held in common by the owners of lots in the subdivision.

Common ownership

(3) Where a buffer held in common ownership is required in accordance with subsection 16(6), the buffer may be counted as part of the open space required by this section. (EC693/00; 176/03)

Buffer inside coastal area

16. (1) Where a subdivision is proposed within a coastal area, the proposed subdivision shall, where applicable, include the following:

(a) where adjacent to a beach, a buffer having a minimum width of 60 feet (18.3 metres) or 60 times the annual erosion rate for the area, whichever is greater, measured from the top of the bank adjacent to the beach;

(b) where adjacent to a sand dune, a buffer having a minimum width of 60 feet (18.3 metres) measured from the inland boundary of the dune;

Exception

(2) Revoked by EC137/09.

Buffer outside coastal area

(3) Where a subdivision is proposed outside a coastal area and adjacent to a watercourse, the proposed plan of subdivision may include an access to the watercourse for the use of the owners of the lots.

Development prohibited in buffer

(4) No person shall undertake any development, including a sewage disposal system, within a required buffer.

Ownership of buffer

(5) In subdivisions having five or fewer lots, buffers may be included and deeded as part of each lot, where each lot

(b) has dimensions sufficient to permit the building setbacks required by these regulations.

Idem

(6) In subdivisions having more than five lots, buffers shall be separate from the lots, and designated for the common use of the lot owners.

Increased buffer

(7) Revoked by EC137/09. (EC693/00; EC137/09)

Subdivision roads

17. (1) All roads, other than existing roads within Slemon Park, shall have a minimum width of 66 feet (20.1 metres) and shall be designed to meet the following requirements:

Public roads

(2) All roads serving 21 or more lots approved after March 21, 2009, shall be public roads.

Privately-owned subdivision road

(3) The following types of development may be allowed on lots that have frontage onto a private road:

(d) summer cottages; and

(a) the building and property located at 5 and 7 Ashwood Avenue, Slemon Park, being approximately 0.83 acres and bounded by Ashwood Avenue, Fifth Street and Cherrywood Avenue; (EC612/03)

(b) the buildings and property located at 66 Argus Avenue, Slemon Park, being approximately 6.01 acres, and bounded by Argus Avenue, Fifth Street and Redwood Avenue. (EC612/03)

Phasing

18. (1) Subdivisions having preliminary approval for more than 20 lots shall be granted final approval in phases. (EC422/03)

Number of lots

(2) The total number of lots approved in any one phase of a subdivision shall not exceed 20.

50% of lots must be sold before next phase approved

(3) Final approval shall not be granted for the second or a subsequent phase of a subdivision until 50% of the lots in the immediately preceding phase of the subdivision have been sold by the developer.

Application

(4) Subsections (1) to (3) do not apply to subdivisions within a resort development. (EC693/00; 176/03; 422/03)

Minimum lot standards

19. (1) All lots on a plan of subdivision shall be categorized in accordance with subsection 23(1), and shall conform with the minimum lot size standards outlined in subsection 23(2).

Soil testing

Idem

Sewage disposal system

Previously approved lots

Revision of previously approved lots

Increase in area of previously approved lots

Panhandle lots

20. (1) Where a lot is proposed to be subdivided from an existing parcel of land that is not a panhandle lot, and the proposed lot does not have the minimum required frontage on a public road, it may be approved as a panhandle lot where:

Driveway area not included

Additional panhandle lots

Lots not requiring water and sewage servicing

21. (1) Where a lot is intended for any non-residential use where water and sewage services are not required for the proposed development, the Minister may approve an exemption from the requirements of section 23.

Change of use of excepted lot

(2) A change of use application to permit a development requiring water and sewage services on a lot approved pursuant to subsection (1), may only be approved if the lot meets the minimum standards set out in section 23. (EC137/09)

Diminishing lot below standards

22. Except as provided for in sections 19, 20, and 21, no person shall, diminish a lot below the standards set out in subsection 23(2). (EC693/00; 137/09)

Lot categories

23. (1) Every lot on a plan of subdivision shall be categorized in accordance with the following site suitability standards:

(a) Category I, where

(iii) the depth to the maximum groundwater elevation is 4 feet (1.22 metres) or greater;

TABLE 1 - MINIMUM LOT SIZE STANDARDS

RESIDENTIAL LOTS

TABLE 2 - MINIMUM LOT SIZE STANDARDS

NON - RESIDENTIAL LOTS

Access

24. No person shall create a lot which does not have vehicular access to a public road or a private road, or which prevents or eliminates vehicular access from an adjacent parcel to a public road. (EC693/00; 137/09)

Subdivide along highways, minimum sight distance

25. (1) No person shall subdivide a parcel of land that abuts, and requires access to, an arterial, collector, local or seasonal highway unless all proposed entrance ways, including any new entrance way for a remnant parcel, meet the minimum sight distance standards as set out in the Roads Act Highway Access Regulations.

Arterial highways

(2) No person shall subdivide a parcel of land that abuts, and requires access to, an arterial highway unless an entrance way permit, where required, has been issued by the Minister responsible for the Roads Act Highway Access Regulations.

Collector highways

(3) No person shall subdivide a parcel of land that abuts, and requires access to, a collector highway, unless it is an existing parcel of land, in which case:

(a) where the parcel has a frontage of less than 1,320 feet (402.3 metres), no more than one lot may be approved;

(b) where the parcel has a frontage of 1,320 feet (402.3 metres) or more, one lot may be allowed for every 660 feet (201 metres) of frontage;

(ii) that no development permit shall be issued for a dwelling on the remainder of the subdivided parcel.

Service of Dwelling

(4) Where a lot is subdivided pursuant to subclause 3(c)(i) or (ii), the dwelling on the lot shall be served by the existing dwelling access, and no development permit shall be issued for a dwelling on the remainder of the subdivided parcel.

Seasonal highways

(5) No person shall subdivide a parcel of land that abuts, and requires access to, a seasonal highway, unless an entrance way permit, where required, has been issued by the Minister responsible for the Roads Act Highway Access Regulations.

Non-essential highways

Preliminary approval

26. (1) A subdivision application that includes lots intended to accommodate septic sewage disposal systems shall not be granted preliminary approval until the lots have been categorized in accordance with subsection 23(1).

Conditions

Expiry

Final Approval

27. (1) Final approval for all or a portion of a subdivision application shall not be granted until:

(a) all the conditions of preliminary approval established in accordance with subsection 26(2) have been met;

(b) an agreement has been completed with the Department of Transportation and Public Works for the construction and deeding of all public roads;

Where survey not required

Idem

Preliminary approval prior to these regulations

Designation of permitted uses

Offence

(2) No person shall use a parcel for any purpose other than that which is specified on the approved plan of subdivision. (EC693/00; 137/09)

Change of use

29. (1) No person shall deviate from an approved plan of subdivision, including changing the use of a lot from the approved use, unless a revised plan of subdivision or an application for a change of use has been submitted to, and has been approved by, the Minister.

Idem

(2) Where a change of use application has been made, the Minister, in reviewing the application for a change of use, may take into consideration any written submissions received from the owners of lots within 330 feet (150 metres) of the lot to which the application applies. (EC693/00; 137/09)

Rescind or alter approval

30. The Minister may alter or rescind a subdivision approval, in whole or in part, where

(a) the subdivision has been carried out contrary to the approved plan, any conditions of approval, or these regulations; or

(b) the owner of the land has stated, in writing, that the conveyance of lots is no longer intended and has requested that the approval be rescinded. (EC693/00; 176/03; 137/09)

C - DEVELOPMENT PERMITS

Where development permit required

31. (1) No person shall, without first obtaining a development permit from the Minister

(g) create a mobile home park.

Prefabricated buildings

(2) Notwithstanding subsection (1), a development permit shall not be required for prefabricated buildings manufactured in-plant, or the location of the units at the place of manufacture for either storage or display purposes. (EC693/00; 575/01)

Application for a development permit

32. An application for a development permit shall be made on a form prescribed by the Minister, and shall be accompanied by

(c) any additional information the Minister considers necessary. (EC693/00)

Duration

33. (1) A development permit shall be valid for a period of 24 months from the date of issue.

Revocation or alteration

(2) Notwithstanding subsection (1), a development permit may be revoked or altered within 24 months of the date of issuance or extension if construction has commenced in a location or manner contrary to the application or these regulations.  (EC693/00)

Proposed use contrary to plan

34. No development permit shall be issued where the proposed use of the building or structure is contrary to the use specified on an approved subdivision plan. (EC693/00)

Entrance way; sight

35. Subject to section 8, no development permit shall be issued for any parcel of land where the entrance way does not conform to the sight distance standards for entrance ways set out in the Roads Act Highway Access Regulations. (EC693/00)

Minimum building standards

36. No person shall construct or alter a building without meeting the following minimum building standards:

(c) roofs shall be covered with standard roofing materials. (EC693/00)

Application of regulations to existing lots

37. The minimum frontage and area provisions of these regulations do not apply to any lot existing on June 12, 1993, and a development permit may be issued for an existing lot that does not meet these standards provided that the lot meets the minimum requirements for sewage disposal in accordance with the Environmental Protection Act Sewage Disposal Regulations (EC298/97; 693-00).

Side and rear yards

38. (1) No person shall locate a building or development closer than 15 feet (4.6 metres) to a side or rear lot line except as follows:

(b) a building or development may be located no closer than 8 feet (2.4 metres) to a side or rear lot line, provided the lot or parcel of land is located within the boundaries of one of the following municipalities:

(c) a semi-detached development may be located on two lots with the common side lot line coincident with the party wall between the two units, if

(ii) the dimensions of each lot comply with

Exception

(2) Notwithstanding subsection (1), where there are extraordinary circumstances associated with the use of the building or development, larger side or rear yards may be required if considered necessary by the Provincial Fire Marshal.

Fire wall

Building setbacks; highways

39. (1) No person shall locate a building or development closer than the following distances to a highway or public road:

(b) along any public road which is an interior subdivision road, 50 feet (12.5 metres) to the centre line of the road or 17 feet (5.2 metres) to the road boundary, whichever is greater.

Reduced setback in selected municipalities

(2) Notwithstanding subsection (1), no person shall locate a building or development closer than 50 feet (12.5 metres) to the centre line of a highway or 17 feet (5.2 metres) to a highway boundary, where

(b) the lot or parcel of land is located within one of the following municipalities:

Private road or right-of-way

(3) Along any private road or right-of-way in an approved subdivision  for summer cottage use, no person shall locate a building or development closer than 

(b) 17 feet (5.2 metres) to the boundary of a private road or right-of-way having a width of less than 66 feet (20.1 metres).

Where loading space proposed

(4) Where a loading space is proposed in the front yard of a repair shop, store, warehouse or any other commercial or institutional building, the building shall have a minimum setback of 150 feet (45.7 metres) from the edge of the right-of-way.

Setback from beach, sand dune, wetland or watercourse

(5) The nearest exterior portion of a building or structure shall be located no closer than

(c) 75 feet (22.9 metres) to the inland boundary of a wetland or watercourse.

Where greater setback required

(6) Notwithstanding subsection (5), if after consultation with the Department of Fisheries, Aquaculture and Environment, it is determined that the setbacks listed therein are not sufficient to protect the beach, wetland or watercourse from the adverse impacts of contaminants discharged from the proposed buildings or structures, it may be required as a condition of approval that the development be located at a greater distance from the beach, wetland or watercourse.

Miscellaneous structures

(7) Subsection (5) shall not apply to buildings or structures used for fishing or bait sheds, aquaculture operations, boat launches, walkways, bridges, or wharves and piers and any associated buildings or structures, except where the Minister requires that these buildings or structures be located at some fixed distance from the top of the bank.

"top of the bank"

(8) For the purposes of this section, the words "top of the bank" mean, where there is no embankment, the landward boundary of the beach. (EC693/00)

Development primary and secondary dunes

40. (1) No person shall develop or construct a road on any primary, secondary, or baymouth barrier sand dunes.

Other dunes

(2) A development permit may be issued for a building or structure on sand dunes other than primary, secondary and baymouth barrier dunes where

(c) the development is unlikely to adversely alter the natural, topographical and biological features of the sand dune.

Conservation officer may enforce

(3) A conservation officer appointed under the Wildlife Conservation Act R.S.P.E.I., 1988, Cap. W-4.1 has the power and authority to enforce subsection (1). (EC693/00; 138/10)

Grouped buildings

41. Other than farm buildings, no person shall build or place more than one building on a parcel of land for commercial, industrial, recreational or institutional use, unless a site plan for such buildings has been approved by the Provincial Fire Marshal. (EC693/00)

More than one dwelling on a lot - exception

42. (1) No person shall locate more than one building or structure for use as a part-time or year-round dwelling on a lot or existing parcel of land except

(d) as part of a resort development.

Requirements

(2) Notwithstanding subsection (1), one garden suite may be located as a second dwelling unit on a lot or parcel of land subject to the following requirements:

(g) the garden suite is approved by the Provincial Fire Marshal.

Time period

(3) The development permit for a garden suite referred to in clause (2)(e) shall be valid for two years, but may be extended provided that the garden suite continues to meet all applicable requirements of these regulations.

Removal

(4) When the garden suite no longer complies with any requirements under subsections (2) and (3), the owner of the single unit dwelling shall, within 90 days, remove the garden suite from the site.

Extension

(5) Upon written request by the owner or spouse of the owner of the single unit dwelling, the 90 day removal period stated in subsection (4) may be extended by an additional 90 days. (EC693/00; 352/01)

Multiple unit dwellings

43. No person shall construct or structurally alter a building for use as a multiple unit dwelling containing more than four units unless the proposal meets one of the following sets of criteria:

(c) the dwelling units are in a single storey building intended for senior citizens housing, and the proposal is appropriate for a rural area. (EC693/00; 352/01)

Parking

44. Off-street parking and loading areas shall be in accordance with the following requirements:

(e) notwithstanding clause (a), for any use other than residential, when an applicant submits a parking generation analysis based on the standards of the Institute of Transportation Engineers, and after consultation with the Minster of Transportation and Public Works, an alternative parking plan may be approved by the Minister. (EC693/00)

TABLE 3

PARKING STANDARDS

Travel trailer

45. (1) No person shall place a travel trailer as the main or accessory use on any lot or parcel of land without first obtaining a development permit, other than in a travel trailer park where utility services are provided.

Permit

(2)  A permit issued in accordance with subsection (1) shall be valid for a period of not more than 120 days, and shall not be renewed.

Removal

(3) A travel trailer placed in accordance with this section shall be removed from the lot or parcel of land immediately following expiry of the development permit. (EC693/00)

Mobile Homes

46. (1) No person shall place a mobile home on a lot unless the structure is certified by a Standards Council of Canada accredited testing agency in accordance with CSA Standard CAN-Z-240.

Permit

(2) Other than in an approved mobile home park, no person shall place a mobile home without first obtaining a development permit.

Mobile home on single family dwelling or cottage lot

(3) Where a subdivision has been approved for single family dwelling or summer cottage use, either in a single phase or two or more phases, no person shall place a mobile home on a lot in the subdivision unless the owners of all adjoining approved lots and at least 75% of the owners of all other lots or parcels within 300 feet (91.4 metres) of the centre of the proposed location of the mobile home, including any lots or parcels outside the approved subdivision but within the specified distance, have consented in writing.

Voting

(4) For the purpose of determining the opinion of the majority referred to in subsection (3), only one objection or favourable response per lot or parcel will be counted. (EC693/00)

Mobile home park

47. (1) An application for a mobile home park shall be made on a form prescribed by the Minister, and shall be accompanied by a detailed site plan, drawn to scale, that includes the following information:

(e) any additional information the Minister considers necessary.

Standards

(2) No person shall establish a mobile home park that does not comply with the following standards:

(a) the mobile home park shall be

(ii) where a water supply system or a waste treatment system of a municipality is available, the mobile home park shall be connected to the available municipal systems;

(c) each mobile home space shall meet the following requirements:

(v) minimum parking space in accordance with the residential standard set out in section 44 and Table 3;

(d) a minimum area of 500 square feet (46.4 square metres) per mobile home space shall be set aside as an open space and recreation area, and in parks with more than 50 units, two such areas must be provided.

Location of mobile homes in park

(3) No person shall locate a mobile home in a mobile home park other than in accordance with the conditions of approval of the plan. (EC693/00)

D - RESORT DEVELOPMENTS (EC352/01)

Approval required

48. (1)  No person shall develop land as a resort development without applying for preliminary approval under these regulations. (EC352/01)

Design brief, where required

(2)  An applicant under subsection (1)

(b) may include a design brief with the application, where clause (a) does not apply. (EC693/00; 352/01)

Idem

(3)  The Minister may

(b) require additional information on the application. (EC693/00; 352/01)

Design brief

49. (1) A design brief shall be based on sound planning, engineering and environmental principles and it shall indicate how the proposed development is suited to the intended location by means of a detailed written presentation and plans, including a site plan drawn to scale that shall include the following information:

(i) additional information as the Minister considers necessary.

Waiver of Requirements

(2)  Notwithstanding subsection (1), the Minister may waive the requirement to provide any information required by subsection (1) that is not applicable to the application. (EC693/00; 352/01)

Preliminary approval conditions

50. (1) Preliminary development approval shall state conditions that are required to be met as follows:

(d) other requirements as the Minister considers necessary.

Expiry

(2) Preliminary development approval shall expire 36 months from the date it was granted if the applicant has failed to meet the conditions of it. (EC693/00; 352/01)

Central water supply system

51. (1) A resort development shall be serviced by a central water supply system that complies with the Environmental Protection Act.

Waste services

(2) A resort development shall be serviced by

(b) a combination of a central waste treatment system and on-site sewage disposal systems,

that complies with the Environmental Protection Act. (EC693/00; 352/01)

Private road

52. (1) A resort development may be serviced by a private road, where the road

(c) is constructed under the supervision and certification of a professional engineer, in accordance with the applicable laws and standards for the intended use of the private road.

Road maintenance

(2) Where a resort development is served by a private road pursuant to subsection (1), that road shall not be maintained by a department or agency of government at public expense.

Access responsibility

(3) Responsibility for ensuring access to a lot in a resort development is a matter for determination between the owner of the road connecting the resort development to a public road, and the purchaser of a lot therein. 

Year-round roads

(4) Notwithstanding any other provision of this section, the roads serving any portion of a resort development that is approved for year-round residential use shall be public roads, including any roads required to provide access from the subdivision to an existing public road maintained by the province on a year-round basis. (EC693/00; 352/01)

Preliminary approval for portion

53.  The Minister may grant preliminary subdivision approval for any portion of a subdivision within a resort development to permit the survey and pinning of lots, construction of roads, construction of buildings, and installation of a central water supply system, provided that the developer has

(c) where required as a condition of approval of a development permit, entered into a comprehensive site development agreement respecting any or all of the following:

(ix) other conditions as the Minister considers necessary. (EC693/00; 352/01)

More than 4 units, year-round use

54. (1) The erection of a building for year-round residential use containing more than four dwelling units may be approved for a resort development, where the building

(d) is easily and readily accessible for fire-fighting vehicles and equipment on a year-round basis from a road adjoining the boundary of the building lot.

Exception

(2) Clause (1)(b) does not apply where a building that exceeds the limits in clause (1)(b) is equipped with a standpipe system designed and installed in accordance with the National Fire Protection Association Standard NFPA14. (EC693/00; 352/01)

E - WIND ENERGY CONVERSION SYSTEM DEVELOPMENTS (EC349/04)

PART IV

SPECIAL REGULATIONS

A - PRINCETOWN POINT - STANLEY BRIDGE

SPECIAL PLANNING AREA

Princetown Point - Stanley Bridge Special Planning Area

55. The Princetown Point - Stanley Bridge area as shown in Appendix A, Map No. 1 is designated as a special planning area, and in addition to any other provisions of these regulations, sections 56 to 58 inclusive apply. (EC693/00)

Subdivision within 1,000 feet of the shore

56. (1) Within the Princetown Point - Stanley Bridge Special Planning Area residential subdivisions of more than three lots shall be permitted only within 1,000 feet (304.8 metres) of the shore.

Exception

(2) Where topographical or environmental conditions are unsuitable within the 1,000 foot (304.8 metre) development area, a subdivision may be permitted outside the development area provided that the subdivision is located as near as possible to the development area.

Area not subdivided

Dimensions

(4) The unsubdivided area referred to in subsection (3) shall include 

(b) a width equal to 34% of the width of the shoreline, measured as a straight line between the two points where the side boundaries of the property meet the perimeter coastline.

Lots more than 1,000 feet from the shore

(5) No more than three lots shall be subdivided from any property, or a portion of any property, outside the 1,000 foot (304.8 metre) development area specified in subsection (1). (EC693/00)

Commercial operation, development restrictions

57. (1) Development for a commercial operation shall not be permitted within the following areas:

(b) within 15 feet (4.6 metres) of the highway, where access is directly from a local highway.

"Development" defined

(2) "Development" as referred to in subsection (1) shall include a parking area, but shall not include an access driveway or a sewage disposal system. (EC693/00)

Scenic viewscape zone

58. In the scenic viewscape zone, as indicated in Appendix A, Map No. 2, approved subdivisions and development permits shall be subject to the following conditions:

(b) no structure shall be constructed, erected, or placed closer than 200 feet (61 metres) to the highway along which the scenic viewscape is located. (EC693/00)

B - GREENWICH SPECIAL PLANNING AREA

Greenwich Special Planning Area

59. The September 26, 1996 designation of the Greenwich Special Planning Area as shown in Appendix A, Map No. 3, is continued, and in addition to any other provisions of these regulations, section 60 applies. (EC693/00)

Permitted land uses and subdivision

60. (1) Land uses and subdivision within the Greenwich Special Planning Area shall conform to the following Tables:

TABLE 4

Greenwich Special Planning Area Permitted Land Uses

TABLE 5

Greenwich Special Planning Area Subdivision Of Land

Provisions for subdivision for family members

(2) Notwithstanding subsection (1), residential subdivision in the Rural Development Zone of more than one lot per existing parcel of land, for residential use only, may be approved in the following situations:

(a) where

(v) a lot intended for a child of the owner of an existing parcel of land shall not be given final approval and shall not be conveyed until the child has received a building permit approval for the lot and has submitted a statutory declaration declaring that the child intends to build a residence on the lot for the child’s own use; (EC176/03)

(b) where

(ii) an irrevocable agreement has been signed between the developer and the municipal sewage or water utility to provide central sewage service or central water service or both is available to all lots prior to the conveyance of any lot from the subdivision, and; (EC176/03)

(c) where the proposed lots are part of a subdivision within a resort development. (EC176/03)

Redesigned subdivisions

(3) Notwithstanding this section, a subdivision approved prior to the coming into force of these regulations may be redesigned where the resulting redesigned subdivision meets the requirements of these regulations.

Special requirements

(4) The following Table sets out special requirements for buildings erected within the Greenwich Special Planning Area:

TABLE 6

Greenwich Special Planning Area Special Requirements for St. Peters Village Zone and Rural Development Zone

St. Peters Village Zone

Rural Development Zone

Exception, previously approved lots and existing parcels of land

(5) Notwithstanding subsection (4), in the Rural Development Zone the setback requirements of sections 38 and 39 shall apply where

(b) an accessory building is to be constructed on a lot or existing parcel of land containing existing buildings for residential or agricultural use that do not meet the setback requirements of subsection (4).

Exemptions from roof slope

(6) Notwithstanding subsection (4) outlining the requirements for minimum roof slopes (standard gabled) other roof types permitted are

(d) any other roof type approved by the Minister.

Exception, flat roofs

(7) Notwithstanding subsection (6), flat roofs are permitted where the flat roof is for use on an industrial building.

Expansions or renovations to existing buildings

8) Building permits for expansions or renovations to existing buildings shall be permitted subject to the following regulations:

(b) roof pitches and types for expansions or renovations shall be either the same pitch and type as the existing building being expanded or renovated or shall be applied to the whole of the structure.

Comprehensive site development agreement

(9) Before a building permit is issued for any institutional use, auto body shop, or salvage yard within the St. Peters Village Zone, the Minister shall require the developer to enter into a comprehensive site development agreement respecting any or all of the following parameters:

(h) set back distances from road and property lines. (EC693/00; 176/03; 202/06 137/09)

C - BORDEN REGION SPECIAL PLANNING AREA

Borden Region Special Planning Area

61. The September 7, 1996 designation of the Borden Region as a special planning area, as shown in Appendix A, Map No. 4 is continued, and in addition to any other provisions of these regulations, section 62 applies. (EC693/00)

Definitions

62. (1) For the purposes of this section

Confederation Bridge development corridor

(a) "Confederation Bridge development corridor" or "the corridor" means that area of land indicated as such in Appendix A, Map No. 5;

light industrial development

(b) "light industrial development" means the use of land for fabrication, manufacture, assembly, treatment or warehousing of goods, but does not include industrial processing or other processes which may result in the creation of hazardous or offensive conditions related to noise, odour, smoke or effluent;

recreational development

(c) "recreational development" means the use of land for passive or active recreational entertainment pursuit or sport, but does not include a recreational development or facilities used for commercial purposes;

resource development

(d) "resource development" means the use of land for production and harvesting or extraction of any agricultural, fisheries or forestry product;

resource-based development

(e) "resource-based development" means the use of land for agriculture, fisheries or forestry development; and includes the processing of agriculture, fisheries or forestry products and any accessory commercial operation for the sale of agriculture, fisheries or forestry products;

rural commercial

(f) "rural commercial" means any commercial retail or service operation directly associated with the agriculture, fisheries and forestry industries;

rural industrial

(g) "rural industrial" means any industrial development directly associated with the agriculture, fisheries and forestry industries.

Application of regulations

(2) Where the Minister is the authority having jurisdiction, the provisions of these regulations apply to all lands within the corridor.

Exception

(3) Notwithstanding subsection (2), where a development agreement is made pursuant to subsection (6), sections of these regulations relating to the parameters listed in subsection (6) do not apply.

Permitted land uses

(4) Land use within the corridor shall conform with the following table:

(Excluding PEI 1, PEI 3, Scenic Viewscapes and Rural Development Areas)

Building height requirements

(5) Except as provided for in a comprehensive site development agreement made pursuant to subsection (6), new developments shall conform to the following maximum building height requirements:

Site development agreements, new development

(6) The authority having jurisdiction shall require new developments, excepting single and two family residential developments, barns, livestock shelters and silos, to enter into a comprehensive site development agreement respecting the following parameters:

(h) setback distances from road and property lines.

Site development guidelines

(7) In addition to the development standards contained in these regulations, and excepting single and two family residential and resource-based developments, the following site development guidelines for specific development locales (Tables 8 and 9) and specific development features (Table 10) shall, as is feasible, be incorporated into the site development concept plan of any new development:

TABLE 8

 SITE DEVELOPMENT GUIDELINES FOR SPECIFIC 
DEVELOPMENT LOCALES WITHIN THE COMMUNITY OF 
BORDEN-CARLETON

Scenic viewscapes

(8) Pursuant to clause 8.1(d) of the Act, the following properties or portions thereof, identified by their Provincial Property Identification Number (PIN), are designated as Scenic Viewscapes, as indicated in Appendix A, Map No. 6:

405548 and 814715

Uses permitted

(9) Within any Scenic Viewscape, the following uses and no others shall be permitted:

(iii) scientific studies and conservation-related activities.

Rural Development Areas

(10) Pursuant to clause 8.1(d) of the Act, the following properties or portions thereof, identified by their Provincial Property Identification Number (PIN), are designated as Rural Development Areas, as indicated in Appendix A, Map No. 6:

209973 590331 210609 379354 210013 769471 209775

601674 214114 546754 209726 536482 214965 214999

536482 209718 209700 405548 215301 215376 215293

215368 215257 215319 215269 212761 214906 215343

215327 215137 568733 215202 215160 215244 509331

215194 215186 620328 215178 591859 214890 620310

214940 789370 769026 215236 404459 214981 734194

215046 212746 214957 214973

Subdivisions, rural development area

(11) Within any Rural Development Area, a subdivision shall conform to the following table:

PEI 1 properties

(12) Those properties, or portions thereof, identified in Appendix A, Map No. 7 as PEI 1

(b) shall be within the exclusive jurisdiction of the Minister.

PEI 3 properties

(13) Those properties, or portions thereof, identified in Appendix A, Map No. 7 as PEI 3

(b) shall be within the exclusive jurisdiction of the Minister. (EC693/00)

D - STRATFORD REGION, CHARLOTTETOWN REGION,
CORNWALL REGION AND SUMMERSIDE REGION
SPECIAL PLANNING AREAS

Special Planning Areas

63. (1) The July 9, 1994 designation of the following areas as special planning areas is continued:

(d) the area adjacent to the City of Summerside as shown in Appendix A, Map No. 11.

Application of section

(2) In addition to all other relevant conditions and requirements contained in these regulations, the provisions of this section apply within the Stratford Region Special Planning Area, the Charlottetown Area Special Planning Area, the Cornwall Region Special Planning Area and the Summerside Region Special Planning Area.

Objectives

(3) The specific objectives for development within the Stratford Region Special Planning Area, the Charlottetown Region Special Planning Area, the Cornwall Region Special Planning Area, and the Summerside Region Special Planning Area are

(c) to minimize the potential for conflicts between resource uses and urban residential, commercial and industrial uses.

Approval of one lot per parcel

(4) An existing parcel of land may, on approval, be subdivided into not more than one lot for each of the following purposes:

(a) residential use, which may include the following:

(iv) multiple unit dwelling use or mobile home park where

(B) an irrevocable agreement has been signed between the developer and the municipal sewerage or water utility to provide central sewerage service or central water service or both if available to the lot or mobile home park;

(f) rural tourism use, where the lot has an area no greater than three acres.

Exception

(5) Notwithstanding clause (4)(a), where the intended residential use is single family dwelling use, subdivisions of more than one lot per existing parcel of land, may be approved in the following situations:

(a) where the requirements of clause (4)(a) are insufficient to permit the owner of an existing parcel to provide lots for the children of that owner, and

(v) a lot intended for a child of the owner of an existing parcel of land shall not be given final approval and shall not be conveyed until the child has received a development permit approval for the lot and has submitted a statutory declaration declaring that the child intends to build a residence on the lot for the child’s own use;

(c) where central sewerage service provided by a municipal sewerage utility or central water service provided by a municipal water utility is available or both are available, and an irrevocable agreement has been signed between the developer and the municipal sewerage or water utility to provide central sewerage service or central water service or both if available to all lots prior to the conveyance of any lot from the approved subdivision.

Idem

(6) Notwithstanding clause (4)(d), in the case of a Slemon Park subdivision which has more than one lot, and whose lots have areas greater than one acre, the subdivision may be approved for industrial use for those lands owned by the Slemon Park Corporation on July 9, 1994, where an irrevocable agreement has been signed between the Slemon Park Corporation and the developer to provide central sewerage and water service to all lots prior to conveyance of any lot and commencement of the development.

Development permits

(7) Pursuant to the uses and limitations contained in subsection (4) or (5.02), development permits may be approved for

Existing farm dwelling

(8) Where a lot has been approved pursuant to clause (5)(b) to accommodate an existing farm dwelling, no development permit shall be issued for a dwelling on the remainder of the subdivided parcel.

Municipal official plan

(9) Subdivisions or development permits approved under subsections (4), (5), (5.1) and (7) shall, in areas where a municipal official plan is in place, also be subject to all applicable land use and development regulations made pursuant to the municipal official plan.

Municipality with official plan

(10) A municipality with an official plan may, as an alternative to amending its official plan and bylaws to conform with subsections (2) to (9), otherwise amend its official plan and bylaws where the amendments comply with subsection 7(2) of the Act and

(ii) an irrevocable agreement has been signed between the developer and the municipal water utility, municipal sewerage utility, or both of them, to provide central water service, central sewerage service or both of them, to all lots prior to the conveyance of any lot from the approved subdivision; and

(e) require the municipality to report to the Minister, on or before April 30 of each year, the number of lots approved and development permits issued in the previous fiscal year, by type of intended use. (EC693/00; 702/04; 116/05; 212/05; 364/07; 380/07; 166/08; 421/09)

E - OFF-SHORE ISLANDS

Subdivide land or construct building

64.(1) Upon and within any off-shore island, no person shall

(c) construct or locate on a parcel of land a building or development intended for any use other than a summer cottage having its own water supply and sewage disposal system constructed in accordance with the requirements of the Environmental Protection Act.

(a) Glenfinnan Island;

Conservation officer may enforce

(3)  A conservation officer appointed under the Wildlife Conservation Act has the power and authority to enforce subsection (1). (EC693/00; 137/09; 138/10)

Designated roads

65. Revoked by EC208/07.

Minister's permission required for alterations

66. Revoked by EC208/07.

G. MORELL RIVER CONSERVATION ZONE

Morell River Conservation Zone

(c) to protect it from encroachment of undesirable and incompatible land uses.

Application

(2) This section applies only to the Morell River Conservation Zone and no other requirements of these regulations apply to the Morell River Conservation Zone.

Definitions

(3) For the purposes of this section

Conservation Zone

development

(b) "development" means

(iii) any other act or work, including the cutting of trees, which affects, or may affect the environment or the landscape or the appearance of the same;

established uses

(c) "established uses" means those uses of land or buildings lawfully existing on or before June 19, 1975;

permit

(d) "permit" means a permit issued pursuant to subsection (6).

Development requires a permit

(4) No person shall undertake development in the Conservation Zone without a permit.

Obligations of property owner

(5) No owner of property located within the Conservation Zone shall permit development to be undertaken on that property unless

(b) the owner of the property has inspected the permit.

Minister may grant permit

(6) The Minister may grant a permit for development within the Conservation Zone where

(a) the proposed development

(ii) has been approved in writing by

(D) the Planning and Inspection Services Division of the Department of Community and Cultural Affairs; or

(b) the proposed development

(ii) the development has been approved in writing by

(B) the Morell River Land Use Steering Committee.

Established uses

(7) Established uses shall be permitted to continue within the Conservation Zone, but no person shall expand, relocate, structurally alter or otherwise undertake development with respect to an existing use.

Conservation officer may enforce

(8)  A conservation officer appointed under the Wildlife Conservation Act has the power and authority to enforce subsections (4), (5) and (7). (EC693/00; 138/10)

FEES

68. The fees payable for subdivision and development applications are prescribed in Table 12.  (EC693/00; 176/03; 349/04; 617/04; 180/05; 137/09; 466/09)

TABLE 12 

FEES

Withdrawal of application

69. Where an applicant withdraws an application before a decision is made on it, the Minister may authorize a refund of any fee paid pursuant to section 68 where, in the opinion of the Minister, the withdrawal of the application will avoid public expense. (EC693/00)

SCHEDULE

APPENDIX B

SLEMON PARK FUTURE DEVELOPMENT AREA
(EC386/04)

All that certain parcel of land situate, lying and being in Slemon Park,Township 17, in the County of Prince, Province of Prince Edward Island, shown on a plan of survey by Locus Surveys Ltd., dated December 1, 2003, drawing number 03644, being more particularly described as follows:

Commencing at a calculated point, designated as number 9453 on the above-mentioned survey plan, having coordinates E. 290878.455 and N.402046.616;

Thence on an azimuth of 276° 00° 32" for a distance of 20.08 feet to a calculated point, designated as number 8780;

Thence on an azimuth of 281° 10° 33" for a distance of 1363.71 feet to a calculated point designated as number 8779;

Thence on an azimuth of 335° 50° 00" for a distance of 618.95 feet to a calculated point, said point designated as number 8761;

Thence on azimuth of 283° 03° 59" for a distance of 981.83 feet to a calculated point, said point designated as number 15263;

Thence on an azimuth of 35° 56° 49" for a distance of 1860.51 feet to a calculated point, said point designated as number 15264;

Thence on an azimuth of 65° 14° 51" for a distance of 161.66 feet to a calculated point, said point designated as number 15265;

Thence on an azimuth of 95° 51° 36" for a distance of 194.38 feet to a calculated point, said point designated as number 15266;

Thence on an azimuth of 35 °55° 10" for a distance of 1711.14 feet to a calculated point, said point designated as number 15267;

Thence on an azimuth of 335° 52° 32" for a distance of 46.15 feet to a calculated point, said point designated as number 15268;

Thence on an azimuth of 4° 52° 12" for a distance of 177.38 feet to a calculated point, said point designated as number 15269;

Thence on an azimuth of 36° 00° 06" for a distance of 6000.00 feet more or less to the ordinary high water mark of Malpeque Bay;

Thence southeasterly along the various courses of the ordinary high water mark of Malpeque Bay for a distance of 2215.00 feet more or less;

Thence on an azimuth of 180° 26° 00" for a distance of 2685.00 feet more or less to a calculated point, said point designated as number 15258;

Thence on an azimuth of 282° 26° 00" for a distance of 1083.19 feet to a calculated point, said point designated as number 15256;

Thence on an azimuth of 191° 53° 00" for a distance of 500.00 feet to a calculated point, said point designated as number 15255;

Thence on an azimuth of 282° 03° 00" for a distance of 786.80 feet to a calculated point, said point designated as number 15254;

Thence on an azimuth 191° 37° 00" for a distance of 546.38 feet to a calculated point, said point designated as number 15253;

Thence on an azimuth 192° 09° 16" for a distance of 599.90 feet to a calculated point, said point designated as number 15252;

Thence on an azimuth of 191° 40° 04" for a distance of 904.85 feet to a calculated point, said point designated as number 14530;

Thence on an azimuth of 191° 48° 25" for a distance of 1038.44 feet to a calculated point, said point designated as number 14529;

Thence on an azimuth 290° 13° 10" for a distance of 977.25 feet to a calculated point designated as number 14532;

Thence on an azimuth of 290° 04° 51" for a distance of 461.98 feet to a calculated point, said point designated as number 14533;

Thence on an azimuth of 215° 17° 58" for a distance of 187.33 feet to a calculated point, said point designated as number 14534;

Thence on an azimuth of 216° 30° 10" for a distance of 783.05 feet to a calculated point, said point designated as number 14535;

Thence on an azimuth of 255° 53° 13" for a distance of 386.82 feet to a calculated point, said point designated as number 14641;

Thence on an azimuth of 304° 56° 32" for a distance of 108.27 feet to a calculated point, said point designated as number 14642;

Thence on an azimuth of 301° 33° 12" for a distance of 139.18 feet to a calculated point, said point designated as number 14643;

Thence on an azimuth of 222° 20° 50" for a distance of 296.09 feet to a calculated point, said point designated as number 14644;

Thence on a curve to the right having an arc distance of 497.08 feet and a radius of 660.00 feet to a calculated point, said point designated as number 14645;

Thence on an azimuth of 191° 17° 06" for a distance of 1502.97 feet to the point of commencement;

Said parcel contains 600 acres of land, a little more or less, being an intended to be Block B, as shown on said plan of survey by Locus Surveys Ltd.

All azimuths are north grid azimuths. All grid azimuths and coordinates are referenced to the P.E.I. stereographic projection system, prior to July 1, 1979. All coordinates are expressed in feet. (EC386/04)

Revocation

70. The following regulations made under the Planning Act are revoked:

(e) Fees Regulations (EC676/95).

Commencement

71. These regulations come into force on December 2, 2000.

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