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

1. In these regulations 

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:

(i) any mechanically or electrically operated amusement ride,
(ii) any mechanical or electronic machine or device intended for use as a game, entertainment or amusement, or
(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) “baymouth barrier sand dune” means a sand dune or sand spit formation situated along the perimeter coastline which is connected to the coast at one end and partially encloses a coastal bay or estuary;

beach

(b.2) “beach” means that portion of land between the ordinary or mean high water mark and the water's edge and includes a distance of three miles seaward of the mean high water mark, and may contain sand, gravel, rock, clay or other earthen material;

buffer

(b.3) “buffer” means an area of land which serves to protect another area from the encroachment or effects of development;

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” (in storeys) 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 tract or parcel of land used or permitted to be used by the travelling public that provides sites for tents, trailers, or motor homes and may also be called an RV park but shall 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

(i) five or more households, or
(ii) a public building or place of assembly;

change of use

(d) “change of use” means

 (i) the change of use of a parcel of land from one class of use to another, recognizing as standard classes residential, commercial, industrial, resource (including agriculture, forestry and fisheries), recreational, and institutional uses,
(ii) a change in the intensity of the use of a parcel of land, structures, or buildings, within a specific class of use as described in subclause (i), including a change in the number of dwelling units,
(iii) in relation to a road, it has the meaning set out in the Roads Act Highway Access Regulations;

child

(d.1) “child” includes a person to whom a parent has demonstrated a settled intention to treat as a child of his or her family;

cluster subdivision

(d.2) “cluster subdivision” means a grouping of lots, including road systems and utilities systems, surrounded by open space areas;

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 use of any land or building for any retail or service use, except any amusement type attraction, associated with the development of the Greenwich, Prince Edward Island National Park that is intended to

(i) promote the cultural and natural history of the area without altering the integrity of the area's ecosystem, and
(ii) create economic opportunities that make the conservation of natural resources beneficial to residents of the area;

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 (EC2001-352; eff. June 19, 2001)

condominium

(f.1) Revoked (EC2001-352; eff. June 19, 2001)

deck

(f.2) "deck" means a structure intended as outdoor living space, either attached or adjacent to a building;

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

(i) real property value;
(ii) competition with existing businesses;
(iii) viewscapes; or
(iv) development approved pursuant to subsection 9(1) of the Environmental Protection Act;

development

(g) "development" means the carrying out of any construction operation, including excavation in preparation for building, on, over or under land, or the making of material change in the use, or the intensity of the use, of any land, buildings or premises, and includes the placing of structures on, over or under land;

dwelling

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

(i) "dwelling unit" means one or more rooms used or intended for domestic use of one or more individuals living as a single housekeeping unit with cooking and toilet facilities,
(ii) "single unit dwelling" means a building containing one dwelling unit and does not include mobile homes, but does include mini homes,
(iii) "duplex dwelling" means a building that is divided into two dwelling units,
(iv) "multiple unit dwelling" means a building containing three or more dwelling units;

entrance way

(g.2) "entrance way" means a driveway providing access to and from a parcel of land to a road;

estuary

(g.3) "estuary" means that portion of a surface water system where salt water mixes with, and is measurably diluted by fresh water, and extends from the area where the system meets the Northumberland Strait or the Gulf of St. Lawrence to the most inland extent of tidal water;

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 year-round residential 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) "forested riparian zone" means a strip of forested land area on the upland side of, and immediately adjacent to, a watercourse boundary or the edge of a wetland;

frontage

(i.2) "frontage" means all land abutting on one side of a highway measured along the common or actual property line;

garden suite

(i.3) "garden suite" means a temporary development consisting of a detached dwelling unit which

(i) has a width no greater than 24 feet (7.31 metres),
(ii) is no greater than one storey in height,
(iii) has a roof pitch no greater than 4/12,
(iv) is constructed and erected in such a manner as to be capable of being readily removed from the site,
(v) does not exceed 800 square feet (92.9 square metres) in area, or is a mobile home, and
(vi) is for the sole and exclusive use as an accessory dwelling to a single unit dwelling or mobile home on the same lot or parcel of land by

(A) the parents or grandparents of the owner or spouse of the owner of the single unit dwelling on the same lot or parcel of land,
(B) any person who is physically or intellectually challenged or experiences a chronic disability or who, due to illness, frailty or age, requires home care, and is under the care of the owner or spouse of the owner of the single unit dwelling on the same lot or parcel of land, or
(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 of land who qualifies under paragraph (A) or (B) and who also resides in the garden suite;

grade

(i.4) "grade" (as it applies to the determination of building height) 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 space designed for the purpose of 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 parcel of land which is held in separate ownership from the adjoining land, and

(i) "lot area" means the total area included within the lot lines,
(ii) "corner lot" means a lot situated at the junction of two or more roads where the interior angle of intersection does not exceed 135 degrees,
(iii) "lot line" means any boundary of a lot,
(iv) "flankage lot line" means, on a corner lot, the lot line that divides a lot from the road other than the road toward which the front of the main building is facing,
(v) "front lot line" means the lot line that divides a lot from the road, and in the case of a corner lot means the lot line that divides a lot from the road which the front of the main building is facing,
(vi) "rear lot line" means the lot line opposite the front lot line,
(vii) "side lot line" means a lot line other than a front, flankage, or rear lot line;

mini home

(l) "mini home" means a transportable dwelling suitable for long term occupancy, designed to be transported on wheels and axles attached temporarily for moving purposes;

mobile home

(l.1) "mobile home" means a transportable dwelling suitable for long term occupancy, designed to be transported on permanently fixed wheels, axles and chassis;

mobile home park

(l.2) "mobile home park" means a lot 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) "off-shore island" means any of the following islands:

(i) Glenfinnan Island
(ii) Governor's Island
(iii) St. Peter's Island
(iv) Holman Island
(v) Murray Islands:

(A) Reynolds Island
(B) Herring Island
(C) Cherry Island
(D) Thomas Island
(E) Gordon's Island

(vi) Boughton Island
(vii) Grover (Ram) Island
(viii) Little Courtin Island
(ix) Bunbury Island
(x) Bird Island
(xi) Oulton's Island
(xii) Cascumpeque Sand Hills
(xiii) Conway Sand Hills
(xiv) Hog Island Sand Hills
(xv) George Island

open space

(m.2) "open space" means that portion of a lot at ground level, unoccupied by any building or structures, that is available to all the occupants of buildings or structures on the lot, but does not include space used for service driveways, off-street parking space, or loading space;

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, block or other division of land or property which is recognized as a separate unit of land for the purposes of these regulations;

parking lot

(n.2) "parking lot" means an area of land other than a highway or access driveway, or an area within a structure, used for the parking of vehicles;

parking space

(o) "parking space" means a space on a parking lot for the parking or storage of a 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) "primary sand dune" means that portion of a sand dune which lies immediately inland of the beach, and extends from the landward limit of the beach to the foot of the landward slope of the first sand dune ridge or mound of sand bordering the beach, and may be unvegetated, or may support marram grass, and associated plant species as the dominant plant type;

private road

(p.1) "private road" means a road, street or right-of-way which 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; but farm lanes shall in no circumstances be deemed common and public highways; (EC2001-352; eff. June 19, 2001)

recreational use

(q.1) "recreational use" means the use of land or buildings, or land integrated with development, 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; (EC2001-352; eff. June 19, 2001)

residential unit

(r) "residential unit" means a building or portion of a building designed, arranged and intended for residential occupancy, which may or may not include cooking facilities; (EC2001-352; eff. June 19, 2001)

resort development

(r.1) "resort development" means 

(i)  a development for recreational use of land having an area of not less than 20 acres or 8.1 hectares, together with buildings intended for recreational use having a total floor area of not less than 2,500 square feet or 232.2 square metres; and
(ii)  a resort development may include a residential subdivision containing not less than 20 lots or a residential development containing not less than 20 residential units;
(EC2001-352; eff. June 19, 2001)

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) "Rural Development Zone" means the area of land indicated as such on Map No. 3 in Appendix A;

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 the beach, and between the upland limit of the beach and the most inland extent of sand deposits;

scenic heritage road

(s.2) "scenic heritage road" means a public road designated as such in these regulations, and includes the verge, ditch and land within 150 feet (45.7 metres) of the road boundary;

semi-detached commercial development

(s.3) "semi-detached commercial development" means a commercial building divided vertically on a common lot line into two or more uses, each of which has an independent building entrance; (EC2001-191, eff. April 7, 2001)

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) "secondary sand dune" means that portion of a sand dune which lies adjacent to and inland of a primary sand dune and which may support such vegetation types as marram grass, bayberry, hudsonia, lichen, and occasionally scattered white spruce and does not include that portion of a sand dune where white spruce and bayberry are the dominant species;

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) "St. Peters Village Zone" means the area of land indicated as such on Map No. 3 in Appendix A;

structure

(v) "structure" means any construction fixed to, or sunk into land or water, but excludes: concrete and asphalt paving or similar surfacing, sewage disposal systems, water wells, fences, utility poles, clothes line poles, or flag poles or recreational equipment accessory to a dwelling unit;

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 occupied primarily during the summer months, and located on a lot or parcel served by a private road or a public road;

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 minor variance from the provisions of these regulations;

watercourse

(w.2) "watercourse" means the full length and width, including the sediment bed, bank and shore, of any stream, spring, creek, brook, river, lake, pond, bay, estuary, or coastal water body or any part thereof, whether the same contains water or not;

wetland

(x) "wetland" means all freshwater and tidal areas that are or may be submerged or periodically submerged under freshwater or saltwater, including all bodies of water or areas commonly referred to as bogs, marshes, salt marshes, swamps, sloughs, and flats;

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 open space adjoining a building, and

(i) "flankage yard" means the side yard of a corner lot facing a street other than the street towards which the front of the main building is facing;
(ii) "front yard" means a yard extending across the full width of the lot between the front lot line and the nearest main wall of the main building on the lot;
(iii) "rear yard" means a yard extending across the full width of the lot between the rear lot line and the nearest main wall of the main building on the lot; 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 main building, exclusive of any chimney breast.

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.

PART III

STANDARDS

A - GENERAL

General requirements - subdivisions

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

(a) not conform to these regulations or any other regulations made pursuant to the Act;
(b) precipitate premature development or unnecessary public expenditure;  
(c) in the opinion of the Minister, place pressure on a municipality or the province to provide services;
(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

(a) not conform to these regulations or any other regulations made pursuant to the Act;
(b) precipitate premature development or unnecessary public expenditure;  
(c) in the opinion of the Minister, place pressure on a municipality or the province to provide services;
(d) have a detrimental impact; or
(e) result in a fire hazard to the occupants or to neighbouring buildings or structures.

Forested area adjacent to watercourse or wetland

(3) Where a parcel of land includes a forested area immediately adjacent to a watercourse or the edge of a wetland, no subdivision or development permit shall be approved until a forested riparian zone has been established pursuant to the Environmental Protection Act.

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.

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).

Other approvals required

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

(a) where an environmental assessment or an environmental impact statement is required under the Environmental Protection Act, approval has been given pursuant to that Act;
(b) where the Fire Marshal's approval is required pursuant to the Fire Prevention Act, approval has been given pursuant to that Act;
(c) where approval is required pursuant to the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 or regulations made pursuant to that Act, approval has been given pursuant to that Act and any applicable regulations made pursuant to that Act;
(d) where, pursuant to the Roads Act, an entrance way permit or approval is required, the required permit or approval has been obtained; and
(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.

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:

(a) single family dwellings, provided the lot or parcel is not part of a subdivision approved for summer cottage use;
(b) farm buildings;
(c) summer cottages;
(d) resort developments. (EC2001-352; eff. June 19, 2001)

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.

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.

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.

Variance

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

(a) the variance does not violate the intent and purpose of the regulations;
(b) the variance is for a unique circumstance and is not a difficulty common to properties in the area; and
(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

(a) the variance meets the provisions of subsection (1); and
(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

(a) the variance meets the provisions of subsection (1);
(b) there is, in the opinion of the Minister, no reasonable alternative available; and
(c) the owners of adjoining properties have consented to the variance in writing.

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.

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):

(a) the Minister shall appoint a person to chair the meeting;
(b) the meeting shall be advertised at least twice in a newspaper circulating in the area of the proposed subdivision or development, giving the date, time, and location of the meeting;
(c) the first advertisement required by clause (b) shall be placed not less than 7 clear days prior to the meeting;
(d) written notice of the meeting shall be provided to the owner and, where applicable, to the council of the municipality in which the proposed subdivision or development is located;
(e) the owner shall make available for public examination the information required by these regulations or by the Act to be included with the application, at least 7 clear days prior to the public meeting, at a location chosen by the Minister; and
(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.

B - SUBDIVISIONS

Subdivision approval

12.(1)    No person shall, without first obtaining final approval from the Minister, subdivide land for development purposes. (EC2001-575; eff. Sep 18, 2001)

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) is to be conveyed independently of any of the other parcels under the same ownership, an approved subdivision shall not be required.

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

(a) compatibility with surrounding uses;
(b) the topography of the site;
(c) surface drainage on the site and its impact on adjacent parcels of land;
(d) traffic generation onto adjacent highways;
(e) availability, adequacy and the economical provision of utilities and services;
(f) the ability to further subdivide the land or adjoining land;
(g) the provision of lots suitable for the intended use;
(h) waste water management;
(i) water supply; and
(j) natural features.

Application for approved subdivision

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

(a) name, address, and telephone number of the applicant;
(b) property number;
(c) existing use of the land being subdivided;
(d) number of lots proposed, and proposed uses;
(e) signature of the owner of the land being subdivided; and
(f) all required fees.

Five or fewer lots

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

(a) a copy of a property map showing the true shape and dimensions of the property being subdivided, the proposed lots, and all roads or rights-of-way proposed for access to the lots; and
(b) any additional information the Minister considers necessary.

More than five lots

(3) An application for an approved subdivision of more than five lots shall be accompanied by

(a) a plan or plans showing

(i) the true shape and dimensions of the property being subdivided, the proposed lots, and all roads or rights-of-way proposed for access to the lots,
(ii) a key plan indicating the general location of the proposed subdivision,
(iii) the north point,
(iv) the scale,
(v) the location of all existing buildings or structures on the lots being proposed or within 100 feet (30.4 metres) of the proposed subdivision,
(vi) existing and proposed services including central or municipal waste treatment systems, and central or municipal water supply systems,
(vii) existing or proposed accesses to a highway,
(viii) land proposed as open space, recreation, park or other public use,
(ix) watercourses, wetlands, beaches, sand dunes, forested areas, designated natural areas or conservation zones on, or adjacent to the proposed subdivision,
(x) proposed or existing private rights-of-way or easements,
(xi) elevation contours and the drainage pattern within the proposed lots and within 300 feet (91.4 metres) of the boundaries of the proposed subdivision,
(xii) the proposed use of the lots,
(xiii) a description of the land use of adjoining lands; and

(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 subdivided from the original parcel shall be counted.

Incremental subdivision

(5) Where a parcel has been subdivided incrementally so as to bring the number of lots to more than five lots created since February 3, 1979, all provisions of these regulations for subdivisions of more than five lots shall apply.

Open space

15. (1) Except for subdivisions having five or fewer lots, the owner 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.

Buffer inside coastal area

16. (1) Where a subdivision is located in a coastal area, the subdivision shall include the following:

(a) a buffer adjacent to a beach, having a minimum width of 60 feet (18.3 metres) or 60 times the annual erosion rate in the area, whichever is greater, measured from the top of the bank adjacent to the beach;
(b) a buffer adjacent to a watercourse or wetland, having a minimum width of 60 feet (18.3 metres) measured from the mean high water mark of the watercourse or from the edge of the wetland;
(c) a buffer adjacent to a primary or secondary sand dune, having a minimum width of 60 feet (18.3 metres) measured from the inland boundary of the dune;
(d) access to the beach or watercourse for the use of the owners of the lots if the property being subdivided includes frontage on a beach or watercourse.

Exception

(2) Notwithstanding subsection (1), where the lots are to be serviced by a central waste treatment system and a central water supply system, the Minister may permit the reduction of the width of the buffers mentioned in clauses (1)(a) and (1)(b) to 35 feet (10.7 metres).

Buffer outside coastal area

(3) Where a subdivision is located outside the coastal area, the subdivision shall include the following:

(a) a buffer adjacent to a watercourse or wetland having a minimum width of 32.8 feet (10.0 metres) measured from the mean high water mark of the watercourse or from the edge of the wetland;
(b) access to the watercourse for the use of the owners of the lots if the property being subdivided includes frontage on a watercourse.

Development prohibited in buffer

(4) No person shall undertake any development, including a sewage disposal system, in a 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

(a) meets the minimum lot size standards exclusive of the area required for the buffer; and
(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) Notwithstanding subsection (1), if after consultation with the Minister responsible for the Environmental Protection Act, it is determined that the buffer widths required by subsection (1) are not sufficient to protect a beach, wetland, or watercourse from the adverse impacts of contaminants discharged from the proposed buildings or structures, the Minister may require, as a condition of approval, that the buffers have such greater width as the Minister considers necessary.

Subdivision roads

17. (1) Roads within subdivisions shall have a minimum width of 66 feet (20.1 metres), and shall be designed to meet the following requirements:

(a) wherever practical, be joined to existing roads in adjacent approved subdivisions, or make provision for joining to future subdivisions on adjacent properties;
(b) where a subdivision is approved in phases, and the first phase results in a dead-end street, or a subdivision road joins to another property on which the road has not yet been completed, a temporary turning area with a minimum turning radius of 40 feet (12.2 metres), shall be provided until such time as an approved cul-de-sac has been constructed or the road is joined to another road.

Public roads

(2) All subdivision roads shall be public roads.

Privately-owned subdivision road

(3) Notwithstanding subsection (2), a subdivision road may be privately owned if it serves a subdivision approved for summer cottage. (EC2001-352; eff. June 19, 2001)

Phasing

18. (1) Subdivisions having more than 20 lots shall be approved in phases.

Number of lots

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

Fifty per cent - before next phase

(3) For an approved subdivision, no succeeding phase shall be approved until 50% of the lots in each preceding phase have buildings constructed upon them in accordance with the approved use of the lot.

Minimum lot standards

19. (1) No approval shall be granted for a lot in a subdivision unless the lot has been categorized in accordance with section 23, and conforms with the requirements set out in Table 1 and Table 2 respectively.

Idem

(2) A lot that does not meet the category standards set out in section 23 shall not be approved.

Sewage disposal system

(3) With respect to the minimum circle diameter requirement set out in column (f) of Table 1 and column (e) of Table 2, where applicable, the space encompassed by the circle shall be in a location on the lot which will accommodate an on-site sewage disposal system.

Smaller lot permitted as infilling

(4) Notwithstanding the minimum lot size requirements set out in Table 1 and Table 2, for infilling purposes a lot may be reduced to a minimum area of 10,000 square feet (929 square metres) provided that

(a) the lot is intended for either single unit residential use or non-residential use, and will be serviced by an on-site water supply system and a central waste treatment system;
(b) only one additional lot from the existing parcel is created by any proposed subdivision; and
(c) there is no practical alternative to reducing the lot area.

Reduced circle requirement

(5) Notwithstanding the minimum circle diameter requirement set out in column (f) of Table 1 and column (e) of Table 2, a lot that does not meet those requirements may be subdivided from a lot or parcel that existed prior to June 12, 1993 where

(a) the lot is intended for either single unit residential use or non-residential use, and will be serviced by on-site water and sewage disposal systems;  
(b) the lot meets Category I standards in accordance with clause 23(1)(a), and the minimum lot area requirements set out in column (e) of Table 1 or column (d) of Table 2 respectively;
(c) a circle with a minimum diameter of 125 feet (38 metres) will fit within the boundaries of the lot; and
(d) there is no practical alternative to increasing the size of the property to permit compliance with the circle diameter requirement.

Previously approved lots

(6) The minimum lot size standards set out in Tables 1 and 2 do not apply to lots approved prior to June 12, 1993.

Revision of previously approved lots

(7) Revisions to increase the size of lots approved prior to June 12, 1993 or existing parcels of land may be approved, but the minimum lot size standards set out in Tables 1 and 2 shall not apply to such revisions.

Panhandle lots

20. (1) A lot that does not have frontage on a public road or privately owned subdivision road in accordance with column (c) in either Table 1 or Table 2 may be approved where

(a) the lot has access to a public road or privately owned subdivision road by way of either a driveway that is part of the lot, or a right-of-way;
(b) the access driveway or right-of-way has a minimum width of 24 feet (7.3 metres);
(c) no other panhandle lot has been subdivided from the existing parcel of land; and
(d) the lot size in all other respects meets the requirements of these regulations.

Driveway area discounted

(2) Where the boundaries of a panhandle lot include an access driveway, the area of the driveway shall not be counted for the purpose of determining whether the lot meets the minimum lot size standards required by these regulations.

Additional panhandle lots

(3) Notwithstanding clause (1)(c), up to two additional panhandle lots may be subdivided from an existing parcel of land provided that

(a) no more than one of the additional lots is intended solely for the cultivation of a natural resource and will have an area greater than 10 acres (4.05 hectares);
(b) no more than one of the additional lots is intended to contain a commercial or industrial development already in existence on the property being subdivided, and establishment of a separate lot is essential for financial reasons.

Public utility lots and lots not requiring water and sewage servicing

21. (1) Where a lot is intended for use by a public utility, or any non-residential use where water and sewage servicing is not required for the proposed development of the lot, an exemption from the requirements of these regulations in relation to lot category, minimum lot area, frontage, and diameter of circle to be contained within the lot boundaries may be approved by the Minister.

Change of use of excepted lot

(2) Where an exemption has been approved pursuant to subsection (1), a change of use to permit a development requiring water and sewage servicing shall be approved only if the lot meets the minimum standards set out in Table 1 or Table 2.

Diminishing lot below standards

22. Except as provided for in sections 19, 20, and 21, no person shall, by the sale of a part of any lot, diminish a lot below the standards set out in Table 1 or Table 2.

Lot categories

23. (1) Lots shall be categorized according to the following standards:

(a) Category I, where the lot has a depth of permeable natural soil of 2 feet (0.61 metre) or greater, and where the depth to bedrock and the depth to the maximum groundwater elevation is 4 feet (1.22 metres) or greater;
(b) Category II, where the lot has a depth of permeable natural soil greater than 1 foot (0.3 metre), but less than 2 feet (0.61 metre), and where the depth to bedrock and the depth to the maximum groundwater elevation is 4 feet (1.22 metre) or greater;
(c) Category III, where the lot has a depth of permeable natural soil of 1 foot (0.3 metre) or greater, and where either or both of the following conditions exist:

(i) the depth to bedrock is 2 feet (0.61 metre) or greater, but less than 4 feet (1.22 metre),
(ii) the depth to the maximum groundwater elevation is 2 feet (0.61 metre) or greater, but less than 4 feet (1.22 metre).

TABLE 1 - MINIMUM LOT SIZE STANDARDS

RESIDENTIAL LOTS

(a) Servicing	(b) Lot Category	(c) Minimum Lot Frontage	(d) Number of Dwelling Units	(e) Minimum Lot Area sq. ft.  / sq. m.	(f) Minimum Circle Diameter to be Contained Within the Boundaries of the Lot - feet / meters
on-site water and on-site sewage disposal system	I	100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on a curved interior subdivision street)	1 2 3 4 more than 4	25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 40,000 sq. ft. / 3,717 sq. m. 40,000 sq. ft. / 3,717 sq. m. plus 1,500 sq. ft. / 457 sq. m. for each additional unit	150 ft. / 45.7 m. 160 ft. / 48.8 m. 175 ft. / 53.3 m. 200 ft. / 61 m 200 ft. / 61 m.
on-site water and on-site sewage disposal system	II	100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on a curved interior subdivision street)	1 2 3 4 more than 4	35,000 sq. ft. / 3,251.5 sq. m. 40,000 sq. ft. / 3,717 sq. m 45,000 sq. ft. / 4,180.5 sq. m. 50,000 sq. ft. / 4,645 sq. m. 50,000 sq. ft. / 4,645 sq. m. plus 1,500 sq. ft. / 457 sq. m. for each additional unit	175 ft. / 53.3 m. 200 ft. / 61 m. 225 ft. / 68.6 m. 250 ft. / 76.2 m. 250 ft. / 76.2 m.
on-site water and on-site sewage disposal system	III	100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on a curved interior subdivision street)	1 2 3 4 more than 4	51,000 sq. ft. / 4,738 sq. m. 56,000 sq. ft. / 5,202 sq. m 61,000 sq. ft. / 5,667 sq. m. 66,000 sq. ft. / 6,131 sq. m. 66,000 sq. ft. / 6,131 sq. m. plus 1,500 sq. ft. / 457 sq. m. for each additional unit	225 ft. / 68.6 m. 250 ft. / 76.2 m. 275 ft. / 83.8 m. 300 ft. / 91.4 m. 300 ft. / 91.4 m.
central water supply and on-site sewage disposal system	I	50 feet / 15.25 metres	1 2 3 4 more than 4	20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 35,000 sq. ft. / 3,251 sq. m. plus 1,500 sq. ft. / 457 sq. m. for each additional unit	125 ft. / 38.1 m. 150 ft. / 45.7 m. 160 ft. / 48.8 m. 175 ft. / 53.3 m. 175 ft. / 53.3 m.
central water supply and on- site sewage disposal system	II	50 feet / 15.25 metres	1 2 3 4 more than 4	25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. /  3,251.5 sq. m. 40,000 sq. ft. / 3,717 sq. m. 40,000 sq. ft. / 3,717 sq. m. plus 1,500 sq. ft. / 457 sq. m. for each additional unit	150 ft. / 45.7 m. 160 ft. / 48.8 m. 175 ft. / 53.3 m. 200 ft. / 61 m. 200 ft. / 61 m.
central water supply and on-site sewage disposal system	III	50 feet / 15.25 metres	1 2 3 4 more than 4	40,000 sq. ft. / 3,717 sq. m. 45,000 sq. ft. / 4,180.5 sq. m. 50,000 sq. ft. / 4,645 sq. m. 55,000 sq. ft. / 5,100 sq. m. 55,000 sq. ft. / 5,100 sq. m. 1,500 sq. ft. / 457 sq. m. for each additional unit	200 ft. / 61 m. 225 ft. / 68.6 m. 250 ft. / 76.2 m. 275 ft. / 83.8 m. 275 ft. / 83.8 m.
on-site water supply and central waste treatment system	I or II	50 feet / 15.25 metres	1 2 3 4 more than 4	15,000 sq. ft. / 1,393.5 sq. m. 20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 30,000 sq. ft. / 2,787 sq. m. plus 1,500 sq. ft. /457 sq. m. for each additional unit	100 ft. / 30.5 m. 125 ft. / 38.1 m. 150 ft. / 45.7 m. 160 ft. / 48.8 m. 160 ft. / 48.8 m.
on-site water supply and central waste treatment centre	III	50 feet / 15.25 metres	1 2 3 4 more than 4	20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 35,000 sq. ft. / 3,251.5 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit	125 ft. / 38.1 m. 150 ft. / 45.7 m. 160 ft. / 48.8 m. 175 ft. / 53.3 m. 175 ft./ 53.3 m.
central water supply and waste treatment systems	I, II, or III	n/a	any number	as determined by the Minister	as determined by the Minister

 

TABLE 2 - MINIMUM LOT SIZE STANDARDS

NON - RESIDENTIAL LOTS

(a) Servicing	(b) Lot Category	(c) Minimum Lot Frontage	(d) Minimum Lot Area	(e) Minimum Circle Diameter to be Contained Within the Boundaries of the Lot
on-site water and on-site sewage disposal system	I	100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on a curved interior subdivision street)	25,000 sq. ft. / 2,322.5 sq. m.	150 ft. / 45.7 m.
on-site water and on-site sewage disposal system	II	100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on a curved interior subdivision street)	35,000 sq. ft. / 3,251.5 sq. m.	175 ft. / 53.3 m.
on-site water and on-site sewage disposal system	III	100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on a curved interior subdivision street)	51,000 sq. ft. / 4,738 sq. m.	225 ft. / 68.6 m.
central water supply and on-site sewage disposal system	I	50 feet / 15.25 metres	20,000 sq. ft. / 1,858 sq. m.	125 ft. / 38.1 m.
central water supply and on- site sewage disposal system	II	50 feet / 15.25 metres	25,000 sq. ft. / 2,322.5 sq. m.	150 ft. / 45.7 m.
central water supply and on-site sewage disposal system	III	50 feet / 15.25 metres	35,000 sq. ft. / 3,251.5 sq. m.	175 ft. / 53.3 m.
on-site water supply and central waste treatment system	I or II, or III	50 feet / 15.25 metres	15,000 sq. ft. / 1,393.5 sq. m.	100 ft. / 30.5 m.
central water supply and waste treatment systems	I, II, or III	n/a	as determined by the Minister	as determined by the Minister

Access

24. No person shall create a lot which prevents access from an adjacent lot or parcel of land to a public road.

Subdivide along highways, minimum sight distance

25. (1) Along any arterial, collector, local, or seasonal highway, no person shall subdivide a parcel of land unless all proposed entrance ways, including the entrance way for any remaining portion of the parcel being subdivided, meet the minimum sight distance standards set out in the Highway Access Regulations.

Arterial highways

(2) Along any arterial highway, no person shall subdivide a parcel of land unless 

(a) an entrance way permit, where required, has been issued by the Minister of Transportation and Public Works; and
(b) only one lot is to be subdivided from an existing farm parcel, and is intended for the establishment of either

(i) one new farm dwelling, where there is no more than one existing farm dwelling on the parcel of land, or
(ii) a separate parcel that includes an existing farm dwelling and the existing farm dwelling access, to allow the owner of the farm parcel to retain the farm dwelling, and sell the remainder of the farm parcel.

Collector highways

(3) Along any collector highway

(a) no person shall subdivide a parcel of land unless it is an existing parcel of land, and has a frontage of less than 1,330 feet (405.3 metres), in which case only one lot only may be subdivided;
(b) no person shall subdivide two or more lots from a parcel of land unless

(i) it is an existing parcel of land, and has a frontage of 1,330 feet (405.3 metres) or more, in which case one lot may be severed in respect of each interval of 660 feet (219.8 metres), or  
(ii) a subdivision road is prepared to serve the lots;

(c) one lot in addition to those permitted in accordance with clauses (a) and (b) may be subdivided from an existing parcel of land

(i) to accommodate an existing farm dwelling, or
(ii) to accommodate an existing dwelling where the principle owner of the parcel is deceased and subdivision of the lot is required to settle the estate of the principle owner;

(d) where a lot is subdivided pursuant to subclause (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 highway

(4) Along any seasonal highway, no person shall subdivide a parcel of land unless an entrance way permit, where required, has been issued by  the Minister of Transportation and Public Works.

Non-essential highways

(5) Along any non-essential highway, no person shall subdivide a parcel of land unless access to an arterial, collector, local, or seasonal highway is provided in accordance with the requirements of these regulations.

Preliminary approval

26. (1) In the case of a one lot subdivision, preliminary approval shall not be granted until the soil has been tested and found to be acceptable for on-site sewage disposal, where appropriate.

Conditions

(2)  Preliminary approval for a subdivision or portion thereof may be granted, and the approval shall state any conditions that must be met in relation to

(a) soil and water testing, and the provision of sewage disposal and water services;
(b) setting aside land for any of the following purposes:

(i) provision of shore access, where a subdivision is adjacent to any beach or watercourse in the coastal area, for the use of residents in the subdivision,
(ii) preservation of a natural area or historically significant artifact, structure, or land area that is, in the opinion of the Minister, of provincial significance,
(iii) provision of open space and buffers,
(iv) construction of roads,
(v) provision of easements for servicing, and for management of surface water runoff;

(c) posting a performance bond, cash bond, or other financial guarantee for the purpose of ensuring that the subdivision is developed in accordance with any conditions attached to preliminary approval;
(d) any other measures the Minister considers necessary to bring the proposal into compliance with the regulations.

Expiry

(3) Preliminary approval shall expire 24 months from the date of issue if the applicant fails to meet the conditions of preliminary approval established in accordance with subsection (2).

Final Approval

27. (1) Final approval shall be granted for a subdivision or portion thereof when the owner has  

(a) met all the conditions of preliminary approval established in  accordance with subsection  26(2);
(b) completed an agreement with the Department of Transportation and Public Works respecting road construction if the subdivision includes a road that is to be a public road;
(c) submitted a stormwater management plan acceptable to the Department of Fisheries, Aquaculture and Environment, for the construction and post construction phases of the subdivision; and
(d) submitted a survey plan showing the location of survey pins, and certified as accurate by an accredited member of the Association of Prince Edward Island Land Surveyors.

Where survey not required

(2) Notwithstanding clause (1)(d), where a subdivision creates a lot or lots greater than 10 acres in size, a certified survey plan shall not be required where a plan drawn accurately to scale on a provincial property map is submitted.

Idem

(3) Notwithstanding clause (1)(d), a certified survey plan shall not be required for the remaining portion of the original parcel from which a subdivision is created.

Preliminary approval prior to these regulations

(4) Where a subdivision was granted preliminary approval prior to the coming into force of these regulations but was not granted final approval, final approval shall be granted only if the lots meet the minimum standards set out in Tables 1 and 2.  

Designation of permitted uses

28. (1) Final approval shall specify the permitted uses of the lots and parcels within the subdivision.

Offence

(2) No person shall use a lot or parcel for any use other than that which is specified on the approved subdivision.

Change of use

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

Consent of majority of lot owners required

(2) Where a subdivision has received final approval, whether in a single phase or in two or more phases, no change of use from the designated use of any lot shall be permitted unless the owners of the adjoining lots and a majority of the owners of lots conveyed in the approved subdivision have consented in writing.

Voting

(3) For the purpose of determining the opinion of the majority referred to in subsection (2), only one objection or favourable response per lot will be counted.

Rescind or alter approval

30. An existing approved subdivision or portion thereof may be rescinded or altered if the subdivision has been carried out contrary to the application, the conditions of approval, or these regulations.

C - DEVELOPMENT PERMITS

Where development permit required

31. (1) No person shall, without first obtaining a development permit from the Minister (EC2001-575; eff. Sep 18, 2001)  

(a) commence the construction of any building or structure;
(b) locate any building or structure, or change the location of any building or structure on a lot;  
(c) make any structural alterations that will change the exterior dimensions of any building or structure;
(d) change the use of any building or structure or land, or part thereof;
(e) intensify any non-conforming use;  
(f) locate a travel trailer on any lot as the main or accessory use, other than in a travel trailer park where utility services are provided;  
(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.

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

(a) a copy of a property map;
(b) an application fee; and
(c) any additional information the Minister considers necessary.

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.  

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.

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.

Minimum building standards

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

(a) all side walls and end walls shall be covered with a standard building siding;
(b) tar paper or rolled roofing shall not be used as a permanent exterior siding; and
(c) roofs shall be covered with standard roofing materials.

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).

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:

(a) an accessory building, if located in a rear yard, may be located no closer than 3 feet (0.9 metre) to a side or rear lot line;
(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:

Cardigan	Miminegash	Morell
Mount Stewart	Murray River	Murray Harbour
Tyne Valley	Victoria	St. Peters Bay

(c) a semi-detached commercial development may be located on a lot subdivided for individual sale or ownership provided that,

(i) construction of the common wall complies with the Fire Prevention Act R.S.P.E.I. 1988 Cap. F-11, and
(ii) each unit is located on a lot that complies with the regulations. (EC2001-191; eff. April 7, 2001)

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.

Building setbacks; highways

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

(a) along any arterial highway, collector highway, local highway, or seasonal highway, 83 feet (25.3 metres) to the centre line of the highway or 50 feet (15.2 metres) to the highway boundary, whichever is greater;
(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

(a) the highway speed limit where the lot or parcel of land is located is 50 kilometres per hour or less; and
(b) the lot or parcel of land is located within one of the following municipalities:

Abrams Village	Hunter River	St. Peters Bay
Bedeque	Miminegash	Tyne Valley
Cardigan	Morell	Victoria
Central Bedeque	Mount Stewart	York
Crapaud	Murray Harbour	Ellerslie-Bideford
Murray River	_	-

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 

(a) 50 feet (12.5 metres) to the centre line of a private road or right-of-way having a width of 66 feet (20.1 metres); or
(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 potion of a building or structure shall be located no closer than

(a) 75 feet (22.9 metres), or 60 times the annual rate of erosion, whichever is greater, to a beach, measured from the top of the bank;
(b) 100 feet (30.5 metres) to a migrating primary or secondary sand dune, measured from the inland boundary of the dune;
(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.

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

(a) the development is unlikely to disturb more than 10% of the sand  dune located on the parcel;
(b) the lot exceeds the minimum lot size requirements in Table 1 by 15,000 square feet (1,393.5 square metres), except where the sand dune is naturally vegetated with spruce, fir, pine, cedar or larch tree species, and the coverage of those species exceeds 75% of the dune area; and
(c) the development is unlikely to adversely alter the natural, topographical and biological features of the sand dune.

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.

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

(a) in conjunction with a farm parcel, and where the use of the dwelling is clearly incidental to the use of the main building; or
(b) as a garden suite in conjunction with a single unit dwelling in accordance with subsection (2); or
(c) in the case of a tourist operation, where rental accommodations are grouped on a lot or existing parcel of land in accordance with all other requirements of these regulations, or  (EC2001-352; eff. June 19, 2001)
(d) as part of a resort development. (EC2001-352 eff. Jun. 19, 2001)

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:

(a) a single unit dwelling unit already exists on the lot or existing parcel of land;
(b) the garden suite meets all the requirements of any applicable sections of these regulations;
(c) the garden suite utilizes the existing access to the lot or existing parcel of land;
(d) where the garden suite is to be located on a lot in a multiple lot approved subdivision, the owners of the adjoining lots and a majority of the owners of lots conveyed in the subdivision have consented in writing;
(e) the owner of the single unit dwelling applies for and receives a development permit for the garden suite; 
(f) the garden suite and the single unit dwelling are connected to a common water supply system and a common sewage disposal system, where feasible, and where these systems are considered capable of handling the increase;
(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.

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:

(a) the lot or existing parcel of land is serviced by a municipal waste treatment system and meets the minimum standards set out in Table 1 for either lots with on-site water supply and central waste treatment system, or for fully serviced lots;
(b) the lot or existing parcel of land is located in a resort development, and meets all other requirements of sections 48 to 54; or (EC2001-352; eff. June 19, 2001)
(c) the dwelling units are in a single storey building intended for senior citizens housing, and the proposal is appropriate for a rural area.

Parking

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

(a) the minimum number of parking spaces shall be provided for the proposed use, as listed in Table 3;
(b) every parking space shall have access to a clear maneuvering lane;
(c) every parking space shall have minimum dimensions of 9 feet (2.7 metres) by 18 feet (5.5 metres);
(d) every loading space shall have minimum dimensions of 70 feet (21.3 metres) by 12 feet (3.7 metres);
(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.

TABLE 3
PARKING STANDARDS