HomeMy Public PortalAbout2020-09-10_Public Hearing Package_GN Plastics MUNICIPALITY OF THE
DISTRICT OF CHESTER
A G E N D A
PUBLIC HEARING
Consideration of a development agreement with GN PLASTICS COMPANY LTD. to regulate the development of the
addition of 65ft x 90ft to the existing light industrial use structure at 315 Old Trunk 3.
10 September 2020, 8:45 a.m.
Chester Municipal Council Chambers
151 King Street, Chester, NS
1. CALL TO ORDER (CHAIR)
a. The Agenda
b. General Rules of Conduct
c. Council’s decision governed by Chester Municipal Planning Strategy
3. COMMENTS BY MUNICIPAL SOLICITOR
4. OVERVIEW BY PLANNER
a. Location and nature of proposal
b. Municipal Planning Strategy
c. Outstanding Concerns
d. Recommendations
i. Draft Development Agreement
5. PRESENTATION BY DEVELOPER
6. COMMENTS BY THE PUBLIC ON THE PROPOSAL
a. In Favour
b. Opposed
c. Any other comments
7. CLOSING REMARKS (CHAIR)
8. DECISION OF COUNCIL / DEFERMENT OF DECISION
2. UPDATE FROM MUNICIPAL CLERK
a. Written Submissions
Municipality of the District of Chester
Community Development Department
Staff Report #1
Prepared for: Municipal Council
Submitted by: Emily Statton, Planner
Date: August, 20 2020
Subject: GN Plastics Company Ltd. – Development Agreement to facilitate an addition to
Existing Light Industrial Use - Development Agreement
APPLICANT Jerome Romkey on behalf of GN Plastics Company Ltd.
PROPOSAL Development Agreement to facilitate an addition to existing Building C
LOCATION 315 Old Truck 3 (PID 60150208) as shown on attached Site Plan
LOT SIZE 479 160 sq. ft. (11.00 acres)
DESIGNATION Settlement
ZONE Mixed Use (MU)
SURROUNDING USES Commercial (other GN Plastics Company Ltd. buildings on Old Trunk 3
Rd), Settlement Residential Two (SR2) subdivision to their east, Vacant
land on the backside
NEIGHBOUR NOTIFICATION None to date. Public Information Meeting has been replaced with
Voices and Choices project website due to COVID-19. If Council gives
the draft document first reading, property owners within 30 m (98 ft)
of the subject property will receive direct mail notice of the Public
Hearing and a notice will be posted at the site.
Has Legal review been completed? _X_ Yes ___ No ___ N/A
Staff Report #1 Page 2
GN Canada Development Agreement August 13, 2020
Recommendation
That Municipal Council give notice of intent to enter into a Development Agreement with GN Plastics
Company Ltd. to facilitate the development of a 543.5 square metre addition, and further, that Council set
a date for a Public Hearing for September 10, 2020.
Background
By letter dated March 20, 2020 to the Council of Municipality of District of Chester (MOC), Jerome Romkey
of GN Plastics Company Ltd. (hereafter referred to as the “Developer”), requested that Council consider
entering into a Development Agreement to enable the development of an addition to the existing
structure located at 315 Old Truck 3, East Chester (PID: 60150208 including civic address 311 and 317).
Figure 1: Site Plan showing existing structure and proposed addition as hatched area
The Developer at the current site produces machinery and tooling that creates plastic packaging such as
take out containers. They test the machines and tools onsite, which produces plastic products that are
often donated for local use. The site has multiple buildings on the lot; Section A (Figure 1) is a gravel
parking lot and a variety of accessory structures, Building C (Figure 2) is the main building used for
Staff Report #1 Page 3
GN Canada Development Agreement August 13, 2020
production, building E for incoming tractor trailer delivery/pick up and the proposed addition will be used
for welding and painting. Refer to Figure 2 & 3 below.
Figure 2: Back of ‘Building C’ Figure 3: Back side of 'Building C' and location of
proposed addition
The office and factory building (Figure 4 & 5) are located on the lot adjacent; at 345 Old Truck 3 Road (PID
6050190). The existing structure, used as a production facility, is surrounded by residential uses in all
directions with fencing and vegetation creating a buffer between the industrial and residential land uses.
Figure 4: 345 Old Trunk 3 factory Figure 5: 345 Old Trunk 3 office
Subject Property
The subject property is located at 315 Old Trunk 3 and is zoned Mixed Use (MU), while the surrounding
uses include GN Plastics Company Ltd. commercial building, residential subdivisions, and single dwelling
residential uses. There are existing structures on the property that covers approximately 4080 sq m. The
Staff Report #1 Page 4
GN Canada Development Agreement August 13, 2020
Land Use Bylaw allows development of industrial uses in the Mixed-Use Zone of up to 2000 sq. m. The
proposed addition will trigger a development agreement, as the total gross floor area will exceed 2000 sq.
m.
Discussion
The proposed use is the same as what is currently there and happening, this is an expansion to the
structure to make more room for the same use and production. The addition is to be constructed to have
similar/matching façade to current structure as shown in Schedule D.
There are other industrial uses in the Municipality, specifically in the Mixed-Use Zone. Hawbolts Industries,
which manufactures ship deck equipment is an example of a light industrial use that in the same zone.
To the north-east of the site is an existing residential subdivision, these homes are buffered by mature
vegetated screening, as shown in Figure 6 & 7. After conducting a site visit, the existing screening appears
to satisfy MPS policies and the new addition should not negatively impact the adjacent property. Most
existing vegetation is located on the adjacent residential lots and is not owned by GN. To address this
potential concern, the Development Agreement states that any disturbance of existing vegetation on the
subject lot within three (3) metres of the property line shall result in the installation of an opaque fence of
at least two (2) metres in height.
Figure 6: mature vegetated buffer between residential use Figure 7: vegetation screening between uses
The man-made reservoir (fire pond), seen in Figure 8 and the Site Plan in Schedule “B” is not identified as
a watercourse, waterbody or wetland on the Provincial 1:10,000 topographic database. The fire pond is
not delineated by a property boundary as is the case for a waterbody or watercourse. Additionally, the
hatched markings which indicate a wetland are not shown on the pond. It is apparent from a site visit to
Staff Report #1 Page 5
GN Canada Development Agreement August 13, 2020
the property and a review of aerial photography that the pond was created for the purpose of supplying
water for firefighting purposes. Therefore, no setbacks or buffers are required from this man-made pond.
Figure 8: manmade retention pond located in rear of property
There are several existing accessory structures on the site in addition to garbage bins and storage sheds
shown on Schedule B. Accessory structures are regulated by the Land Use By-law. In addition, all new
structures must be located a minimum of five (5) metres from all property boundaries.
There will be no increase in employees and no change in hours of operations (usually 7:30 a.m.-4:00 p.m.)
as a result of the addition to Building C.
Considerations
Use of Land
The parcel is currently in the Mixed-Use zone and is a light industrial use. The addition will have the same
use as the existing structure. The (proposed) storage sheds will be accessory to the light industrial use.
Construction Timelines
The business owner has stated their desire to have the addition complete and roof tight before winter
2020.
Site Plans (setbacks, parking, landscaping, accessory structures)
Schedule A site plan
Schedule B land certificate
Schedule C stormwater management plan
Staff Report #1 Page 6
GN Canada Development Agreement August 13, 2020
Schedule D elevation drawings of proposed addition
The site plan (Schedule A) created by ABLE Engineering and Land Surveying Services (ABLE) outlines the
proposed addition in relation to the existing structures, parking area, property boundaries and accessory
buildings (sheds, seacans and garbage bins). There is a protected watershed identified inaccurately on the
site plan. It was referenced from a previous Chester Village Land Use Map. Disregard the ‘Protected
Watershed Area’ labelled on the plan.
The land certificate (Schedule B) created by ABLE outlines the property boundaries, existing structures,
and new and existing accessory structures.
The stormwater management plan (Schedule C) also created by ABLE has been reviewed by the Public
Works Department and no areas of concern have been raised.
The elevation drawings/renderings (Schedule D) were created by Fitz Construction, illustrating the façade,
and building material to be used. The structure is anticipated to be primarily metal and match the existing
structure’s architecture and design.
Light Industrial Use
The current use is light industrial (with its commercial building at 345 Old Trunk 3) and the addition is
intended to be used as light industrial, with painting and welding operations happening inside. There will
be no change in use for this proposal.
Roads, Ac c ess and Parking
Access is from Old Trunk 3, however this structure will be for employee use only. Staff have conducted a
parking assessment of the existing parking lot. The amount of parking available satisfies the requirements
of the Municipal Planning Strategy as there are more than enough spots per square metre of the existing
and proposed structures. Policy A-24 in 9.7.2 in the MPS, refers to a parking calculation. This calculation is
described in the LUB 4.16 below:
4.16 Parking requirements (LUB)
4.16.1 Where a development permit is required, the minimum requirement for on -site parking shall be
one space for every dwelling unit and one space for every fifty (50) m2 of nonresidential floor area.
Staff calculated that the available parking area (1937 sq m) compared to the area of both the existing and
proposed structures (4584.76 sq m). The parking area is large enough for 129 parking spaces, while the
development requires 92 spaces as per 4.16.1 calculations, therefore satisfying the policy.
Staff Report #1 Page 7
GN Canada Development Agreement August 13, 2020
Policy Analysis
MPS Policy Policy Text Analysis
9.7.1 General Development Agreement Policies
A-20 When reviewing development agreements,
Council shall be satisfied that:
a) the development agreement conforms to the
intent of the Municipal Planning Strategy and to
the intent of any relevant Secondary Planning
Strategies;
Yes
A-20 b) the development agreement conforms to
relevant Municipal By-laws;
Yes
A-20 c) the applicable Public Participation Program
has been followed and residents’ opinions have
been carefully considered; and
Ongoing throughout approval process
and Public Hearing.
A-20 d) the development agreement is in the best
interest of the Municipality.
A-21 When considering development agreements,
Council shall be confident the proposal is not
premature or inappropriate due to:
a) the financial ability of the Municipality to
absorb costs related to development;
No issues anticipated, the site is not
serviced by Municipal Sewer or Roads.
A-21 b) the availability and capacity of Municipal
services;
No issues anticipated, the site is not
serviced by Municipal Sewer or Roads.
Public Works advises there is no water
or sewer service available at this time
therefore this is N/A.
A-21 c) the adequacy of the site conditions for on-site
services;
Deemed adequate with existing
structure. Addition will not result in
more employees or change in hours of
operation. No issues anticipated.
A-21 d) the adequacy of stormwater drainage and its
effects on water quality;
Public Works advises the stormwater
management plan adequately addresses
Staff Report #1 Page 8
GN Canada Development Agreement August 13, 2020
the handling the additional storm water
on the site resulting from the
development. It should be noted that
there is an existing storm sewer outflow,
that discharges stormwater into an
existing bio-retention area on the
adjacent property. This development
will not have any impact on this system.
Project engineer confirms the
stormwater management plan will
satisfy the stormwater standard
contained in the Land Use By-law.
A-21 e) inadequate access to schools, parks,
emergency services, commercial properties and
other local facilities;
Distance to the nearest Fire Dept
(Chester Village) is 2.5km, EHS (Chester
Village) is 2.6km and RCMP (Exit 8) is
7.3km.
A-21 f) a lack of street connections, sidewalks, paved
shoulders, walkways or footpaths;
Existing structure provides adequate
street connections. No new driveway
entrances, streets, walkways, or other
connections are anticipated due to this
proposal.
The addition is not intended to
accommodate more employees
therefore no change to traffic to or from
the site.
Public Works advises the street is an
NSTIR owned and maintained
street/shoulder. There are no sidewalks
or MOC footpaths at this location.
A-21 g) a poor supply of on-site water for domestic
uses or for firefighting;
Development has their own fire
suppression system/pond and Public
Works advises the existing fire pond will
not be negatively impacted as a result
of the development.
Staff Report #1 Page 9
GN Canada Development Agreement August 13, 2020
Subject to comment from Chief of
Chester Fire after site visit.
A-21 h) inadequate separations from watercourses,
water bodies or wetlands from the ocean
shoreline; or
Nova Scotia 1:10,000 topographic data
base shows no waterbodies
watercourses or wetlands near the site
or requiring a buffer.
Public Works advises this policy is N/A.
A-21 i) proximity to places of known or potential
archaeological significance as indicated by the
Province.
Points towards to satisfy the policy.
Reached out to province stating there
are no known signs of archaeological
significance in the surrounding area.
A-23 Developments that require a development
agreement shall:
a) maintain a vegetated setback between all
main structures and any watercourses or water
bodies; including
(i) maintenance of a vegetated buffer of twenty
(20) min depth from the mean high water mark
of a watercourse or water body;
(ii) retention, replanting and maintenance of the
vegetated buffer, in tree cover and understory
vegetation to at least 75% of the linear water
body frontage of the buffer, and not as a
maintained, mowed lawn;
(iii) allowance of a 3.5 m-wide opening in the
vegetated buffer for access to watercourses and
water bodies by means of docks, decks and
pathways;
(iv) allowance of minor accessory structures shall
be permitted within the vegetative buffer so
identified.
No proximity to any waterbody
(including spectacle lake watershed XX
m behind the development).
N/A
N/A
N/A
All existing and proposed accessory
structures are identified on the site plan
(Schedule A). No watercourses,
waterbodies or wetlands requiring
setbacks, buffers or vegetated setbacks
are present on the site.
Staff Report #1 Page 10
GN Canada Development Agreement August 13, 2020
A-23 b) include infrastructure designed to improve
stormwater quality and reduce peak stormwater
flows from the site;
Public Works advises the proposed rock
lined energy dissipation appears to be
adequate to mitigate any additional
flows.
A-23 c) meet or exceed the Land Use By-law’s
stormwater standards and watercourse buffers
for comparable developments;
Project Engineer confirms the
Stormwater Management plan meets or
exceeds the Stormwater Standard
contained in the Land Use By-law.
Public Work advises no significant
impact as a result of this development.
A-23 d) maintain all steep slopes, wetlands and areas
prone to flooding in an undisturbed state.
No wetlands are identified on the
property. The addition will avoid steep
slopes as it is occurring in an already
level area. Stormwater Management
Plan meets or exceeds the standard of
the Land Use By-law, no issues with
flooding are anticipated.
Public Works advises this policy as N/A.
9.7.2 Commercial, Industrial, Institutional Development Agreements
A-24 When considering commercial, industrial, or
institutional developments by development
agreement, Council shall be satisfied that:
a) the development will not create undue traffic
hazards, traffic congestion, or pedestrian
hazards;
The addition is being used for welding
and production, and there will be no
staff increase. The traffic in and out of
the facility will remain the same as
current flow.
A-24 b) the development will not generate emissions
that unduly reduce the development potential
and value of properties in the vicinity has been
minimized;
The addition is creating more room for
ongoing production and work with no
increase of machinery or emissions
output.
A-24 c) for large-scale wind generation facilities:
(i) the sound level generated by the
installation shall not exceed the ambient sound
level by more than 30dB(a) measured to the
nearest property line, under any normal
operating condition, and any application for a
development agreement must include sufficient
N/A
Staff Report #1 Page 11
GN Canada Development Agreement August 13, 2020
information to determine that the installation
meets this standard;
(ii) there shall be no illumination.
A-24 d) the development is separated from adjacent
properties not in commercial or industrial use,
and screening is used in order to minimize
impact on the abutting uses;
Currently a fence and mature
vegetation/wooded area provide
separation between the light industrial
use and nearby residential dwellings.
This vegetated buffer area will remain in
place and will not be disrupted by the
addition.
The developer has proactively contacted
adjacent property owners to ensure
they are not negatively affected by the
addition and to gain support for the
proposed development.
A-24 e) all structures use durable building material, so
their appearance complements the established
character;
Elevation drawings show structure
keeping with the same façade as
existing metal structure.
A-24 f) all necessary permits have been issued or
Council is satisfied that the required permits will
be issued;
No issues anticipated.
A-24 g) development shall not increase traffic volume
so as to have an undue negative effect on
properties served by a residential street;
The addition is being used for welding,
painting and production, and there will
be no staff increase. The traffic in and
out of the facility will remain the same
as current flow.
A-24 h) the applicant demonstrates that the
development can be appropriately serviced in a
cost-effective manner;
Will be using existing services that are
provided/used by the existing structure.
A-24 i) a satisfactory parking calculation has been
stipulated;
Parking area total: 1937 sq. m. (20 850
sq. ft.)
existing structure(s) total: 4041.28 sq.
m. (43 500 sq. ft.)
Staff Report #1 Page 12
GN Canada Development Agreement August 13, 2020
addition total: 543.48 sq. m. (5850 sq.
ft.)
LUB: 4.16 Parking requirements
4.16.1 Where a development permit is
required, the minimum requirement for
on-site parking shall be one space for
every dwelling unit and one space for
every fifty (50) m2 of nonresidential
floor area.
(parking space is 15 m2)
The parking area is large enough for
129 parking spaces, while the
development requires 92 spaces as per
4.16.1 calculations.
A-24 j) the applicant demonstrates that sewage
disposal and any demands on the drinking
water source will not negatively impact the
quality and quantity of water resources; and
The existing development is serviced by
on-site septic and water systems. The
addition is not anticipated to cause any
need to upgrade or otherwise increase
capacity as there are no additional
employees associated with the
proposal.
A-24 k) driveways, parking areas, and areas used for
open storage shall be surfaced with stable
materials to prevent erosion and to prevent dust
from blowing onto adjacent properties.
The current driveway/parking area is
permeable gravel. The surface is to
remain permeable.
Advisory Committee Meetings
This report and draft development agreement are being brought directly to Council for consideration.
Typically, this file would be considered first by the Municipal Area Advisory Committee, however, this
Committee is currently inactive due to a lack of interest when nominations were sought earlier i n 2020.
Public Information Session
Due to restrictions on public gatherings as a result of the COVID-19 pandemic, the Public Information
Meeting was not held. Instead a project website www.voicesandchoices.ca/mps1 was created and
maintained throughout the project. The website was advertised in the Progress Bulletin and contains
Staff Report #1 Page 13
GN Canada Development Agreement August 13, 2020
information and materials about the project. The site allows comments or questions to be posted which
are responded to by staff. No comments were submitted by the public.
Options
1. That Municipal Council give notice of intent to enter into a Development Agreement with GN
Plastics Company Ltd. to facilitate the development of a 543.5 square metre addition, and further,
that Council set a date for a Public Hearing for September 10, 2020.
2. That Municipal Council does not give notice of intent to enter into a Development Agreement
with GN Plastics Company Ltd. pending additional information or research.
3. That Municipal Council deny the request for a Development Agreement from GN Plastics
Company Ltd. for the purpose of constructing an addition to the existing light industrial use.
ABLE ENGINEERING SERVICES INC.
4073 HIGHWAY #3 P.O. BOX 959 CHESTER, NOVA SCOTIA, B0J 1J0
TEL. 1-833-756-8433 FAX: 902-273-3072
Email: surveying@ableinc.ca www.ableinc.ca
1
THIS DEVELOPMENT AGREEMENT made in duplicate this day of , A.D. 2020
BETWEEN:
GN PLASTICS COMPANY LIMITED of the Municipality of the District of Chester in the Province of
Nova Scotia, a body corporate having its head office in the community of East Chester and in the
province of Nova Scotia, hereinafter called the “DEVELOPER(S)”
OF THE FIRST PART
-AND –
MUNICIPALITY OF THE DISTRICT OF CHESTER, a duly incorporated municipal body, hereinafter
called the “MUNICIPALITY”
OF THE SECOND PART
WHEREAS the DEVELOPER(S) intends to develop property(s) within the bounds of the MUNICIPALITY
identified as PID number 60150208 described in Schedule “A” attached hereto;
AND WHEREAS the DEVELOPER(S) has applied to the MUNICIPALITY for a Development Agreement to use
the lands described in Schedule “A” attached hereto (Development Agreement Area), to construct an
addition to an existing light industrial use, hereinafter referred to as the Proposed Development;
AND WHEREAS the Site Plan attached hereto as Schedule “B” dated June 12, 2020 depicts the layout and
project area of the Proposed Development;
AND WHEREAS the Site Plan attached hereto as Schedule “C” dated June 8, 2020 depicts the stormwater
management plan of the Proposed Development;
AND WHEREAS the property(s) described in Schedule “A” are situated in an area which is both designated
Settlement on the Generalized Future Land Use Designation Map of the Municipal Planning Strategy and
Mixed-use Zone (MU) Zone on the Zoning Map of the Land Use By-law;
AND WHEREAS the Council of the MUNICIPALITY, by resolution passed at the meeting on the day of
, A.D. 2020, approved the execution of this agreement by the parties hereto;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the foregoing recitals and for
other goods and valuable consideration the parties hereto agree as follows:
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1. DEFINITIONS
The words and phrases defined in Part 1 shall apply to this Agreement. When interpreting words or
phrases not defined in Part 1 of this Agreement, the Definitions section of the Chester Municipal Land
Use By-law shall apply. Terms and phrases undefined in Part 1 of this Agreement and in the Definitions
section of the Land Use By-law shall carry their customary meaning.
1.1 ADDITION means, the expansion to an existing structure;
1.2 LAND USE BY LAW means, the Chester Municipal Land Use By-law;
1.3 PROPOSED DEVELOPMENT means, the 543.5 square metre structural addition to the existing
structure (Building C).
2. GENERAL REQUIREMENTS AND ADMINISTRATION
2.1 The MUNICIPALITY hereby agrees that Development Permits may be issued to the DEVELOPER(S)
for the Proposed Development subject to Part 2.2, Part 2.3 and the terms and conditions of this
Development Agreement;
2.2 This agreement governs the property described in Schedule “B”;
2.3 Nothing in this Agreement shall exempt the DEVELOPER(S) from complying with Federal,
Provincial and Municipal laws, by-laws and regulations in force within the MUNICIPALITY,
including the Building By-law, or from obtaining any Federal, Provincial or Municipal license,
permission, permit, authority or approval required thereunder including any permission required
under the Fire Prevention Act and the Environment Act;
2.4 The development can demonstrate adequate access for emergency vehicles, solid waste
collection, approval by the authority having jurisdiction for access to any public street and
approval by the authority having jurisdiction for sewage disposal that the development can be
adequately served by a sewage disposal system.
3. USE OF LAND
3.1 The DEVELOPER(S) undertakes to ensure that the use of the lands described in Schedule “A”
attached hereto shall be limited to:
3.1.1. Construction, occupancy, and operation of structures devoted to a Light Industrial use up
to 4600 square metres in total floor area, not including accessory structures. This shall be
comprised of:
3.1.1.1. Continued occupancy and operation of existing Building C, Building E and “Shop”
for Light Industrial use including but not limited to: meeting rooms, shared
kitchen, industrial work area/shop, office space, and other similar features as
shown on Schedule “B”;
3.1.1.2. Construction of an addition (543.5 square metres) to an existing structure
(Building C) as shown on Schedule “B”;
3.1.1.3. Maintenance of associated driveways, drainage works, and landscaping elements
as shown on Schedule “B”.
4. PERIOD OF CONSTRUCTION
3
The DEVELOPER(S) undertake to ensure:
4.1 that construction work on the property shall not begin earlier than 7:00 a.m. and shall not
continue past 9:00p.m.
5. STRUCTURES
The DEVELOPER(S) undertake to ensure:
5.1 STRUCTURES, GENERAL:
5.1.1. that all new or relocated structures, not shown on Schedule “B” be located a minimum of
three (5) metres from all property lines.
5.1.2. that development on the site shall conform to the submitted Stormwater Management
Plan Schedule “C”. The plan has been prepared by a qualified person and reviewed by
Municipal Infrastructure and Operations and deemed acceptable to the MUNICIPALITY. The
DEVELOPER(S) shall ensure that the construction, maintenance, and operation of
Stormwater Management features on the site adheres to Schedule “C”.
5.1.3. The development shall not generate emissions such as dust, noise, radiation, odours,
liquids, or light to the air, water, or ground so as to create a recognized health or safety
hazard or to create a nuisance to adjacent uses.
5.1.4. The DEVELOPER(S) undertakes to ensure that all accessory structures shall comply with the
Land Use By-law.
6. ROADS AND ACCESS
6.1 The development is served by a Provincial Public Road (Old Trunk 3). The site is served by existing
driveways and no new road entrances are proposed.
7. PARKING AND SCREENING
The DEVELOPER(S) undertakes to ensure:
7.1 that a minimum of one (1) parking space for every fifty (50) square metres of floor area, excluding
washrooms and storage areas be maintained on the site.
7.2 Continued screening of parking areas, loading areas and any outside storage from adjacent
properties and from the street.
7.2.1. The existing opaque fence shown on Schedule “B” shall be maintained and repaired or
replaced, as necessary.
7.2.2. Existing vegetation within three (3) metres of a side or rear property line shall be
maintained or if disturbed, shall be replaced with an opaque fence of at least two (2) metres
in height.
8. ILLUMINATION
The DEVELOPER(S) undertakes to ensure that all outdoor lighting fixtures use the lowest wattage
consistent with safety, use fixtures that reduce or eliminate glare and use fixtures that do not project
glare or direct illumination onto adjacent properties.
9. SIGNS
4
The DEVELOPER(S) undertakes to ensure that all permanent exterior advertising or project
identification signs shall comply with the Land Use By-law.
10. OPERATION AND MAINTENANCE
10.1 The DEVELOPER(S) undertakes to ensure that all structures are maintained in good repair and in
a tidy and useable state;
10.2 The DEVELOPER(S) undertakes to ensure that all access roads, service roads, driveways, parking
areas and any areas used for open storage of equipment or stock shall be surfaced with stable
materials to prevent dust from blowing onto adjacent properties and to prevent erosion.
11. FIRE PREVENTION
The DEVELOPER(S) undertakes to ensure:
11.1 That adequate access to water for fire protection purposes is maintained through the existing
fire protection system, including the pond located on site;
11.2 That existing driveway access, parking and turning area for fire vehicles shall be maintained.
12. LIABILITY
12.1 The DEVELOPER(S) undertakes to indemnify and save harmless the MUNICIPALITY from any
claims, damages, expenses or costs arising out of, or in connection with, or incurred with respect
to anything required to be done by the DEVELOPER(S) in accordance with this Agreement;
12.2 The indemnity above does not cover acts of negligence or misconduct on the part of the
MUNICIPALITY.
13. CHANGES AND ALTERATIONS
13.1 That all matters in this Agreement not specified in Sub-clause 13.2 below, are substantial matters
which shall not be changed or altered except by amendment to this Agreement in accordance
with the relevant statutes; and
13.2 That the following matters are not substantial matters and may be changed or altered without
amendment to this Agreement but with the written consent of the Council of the MUNICIPALITY
provided that the Council of the MUNICIPALITY determines that the changes do not significantly
alter the intended effect of this aspect of the agreement:
13.2.1. The precise location and placement of travelled ways and parking locations, subject to
necessary approval by the appropriate Provincial authority granted. Such changes shall not
result in the total number of parking spaces being reduced beyond the requirements of Part
7 of this Agreement.
14. TERMINATION OF AGREEMENT
14.1 That this Agreement shall be in effect until discharged by resolution of the Council of the
MUNICIPALITY in accordance with the relevant statutes; whereupon the Land Use By-law shall
apply to the lands described in Schedule “A”;
5
14.2 That should the DEVELOPER breach any of the terms outlined in this Agreement, the
MUNICIPALITY may pursue any remedy specified by the Municipal Government Act, specifically
Section 264;
14.3 That the Council of the MUNICIPALITY may discharge this Development Agreement if the
development described herein has not been commenced within twenty-four (24) months of the
date of this Agreement;
14.4 That the Council of the MUNICIPALITY may discharge this Development Agreement if the use
described herein is discontinues for a period of no less than twenty-four (24) months;
14.5 That the Council of the MUNICIPALITY retains the option of discharging this development
agreement should any fact provided to the MUNICIPALITY by the DEVELOPER(S) or its agents
constitutes a material misrepresentation of the facts upon which this Agreement is based; and
14.6 That the Council of the MUNICIPALITY may discharge this Agreement if the DEVELOPER(S) breach
any terms of the Agreement and the DEVELOPER(S) have not proceeded to remedy any such
breach in a timely fashion to the satisfaction of the MUNICIPALITY within ninety (90) days of
written notice from the MUNICIPALITY.
15. APPLICATION OF LAND USE BY-LAW
That without restricting the generality of the foregoing any aspect of any development on the
property not specified above is subject to the requirements of the Land Use By-law.
16. EFFECT
16.1 That, in accordance with Section 229 of the Municipal Government Act, this Agreement shall
continue to apply to the property until discharged by Council of the MUNICIPALITY;
16.2 That this Agreement shall enure to the benefit of, and be binding upon the MUNICIPALITY and
its successors, and assigns and shall enure to the benefit of and be binding upon the
DEVELOPER(S), its heirs, executors, administrators, and assigns, the owner or owners from time
to time of the property described in Schedule “A”, until discharged by the Council;
16.3 The provisions of this Agreement are severable from one another and the invalidity or
unenforceability of one provision shall not affect the validity or enforceability of any other
provision.
17. OWNERSHIP
The DEVELOPER(S) hereby certifies by the signatures affixed below that GN PLASTICS COMPANY
LIMITED is the sole owner of the properties identified as PID number(s) 60150208 as described in the
attached Schedule “A”. The DEVELOPER(S) further certifies that they have not disposed of any interest
in the property and there are no judgements, mortgages or other liens or encumbrances except as
disclosed by registered title affecting the property in addition to those described herein.
6
IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands and seals on the
day and year first above written.
IN THE PRESENCE OF: GN PLASTICS COMPANY LIMITED
Signature:
Per:
Print Name:
Print Name:
WITNESS
Signature:
Per:
Print Name:
Print Name:
WITNESS
Signature:
Per:
Print Name:
Print Name:
WITNESS
Signature:
Per:
Print Name:
Print Name:
WITNESS
MUNICIPALITY OF THE DISTRICT OF CHESTER
Per:
ALLEN B. WEBBER, Warden
Signature:
Per:
Print Name:
PAMELA MYRA, Municipal Clerk
WITNESS
7
PROVINCE OF NOVA SCOTIA
COUNTY OF LUNENBURG,
ON THIS this day of , 2020, before me, the subscriber personally came and
appeared________________________________________, a subscribing witness to the
foregoing Indenture, who having been by me duly sworn, made oath and said that GN PLASTICS
COMPANY LIMITED one of the parties thereto, duly executed the same in h_____ presence by
affixing thereto its corporate seal identified by the signature of ________________________ its
________________________ and ________________________ its
________________________, duly authorized officers in that regard.
A BARRISTER/COMMISSIONER OF THE SUPREME
COURT OF NOVA SCOTIA
PROVINCE OF NOVA SCOTIA
COUNTY OF LUNENBURG,
ON THIS this day of , A.D. 2020, before me, the subscriber personally came
and appeared________________________________________, a subscribing witness to the
foregoing Indenture, who having been by me duly sworn, made oath and said that the
MUNICIPALITY OF THE DISTRICT OF CHESTER, one of the parties thereto, duly executed in
h_____ presence by affixing thereto its corporate seal identified by the signature of Allen B.
Webber, its Warden and Pamela Myra, Municipal Clerk., duly authorized officers in that regard.
A BARRISTER/COMMISSIONER OF THE SUPREME
COURT OF NOVA SCOTIA
8
SCHEDULE “A”
Legal Description - DEVELOPMENT AGREEMENT AREA
GN PLASTICS COMPANY LIMITED
All that land at East Chester, in the County of Lunenburg and Province of Nova Scotia, shown on a Plan
showing Parcel A and B of lands of Wm. Rhuland and H. Rafuse at East Chester, Lunenburg County, Nova
Scotia, dated the 29th of March, 1974, and signed by Orrin A. Clark, N.S.L.S. and more particularly
described from that survey plan as follows:
BEGINNING at a survey marker on the Northwesterly boundary of the old post road and at the
Southeasterly corner of property of L. Cunningham shown as Lot Number 6 on the above mentioned
plan;
THENCE North 41 degrees 38 minutes East along the Northwesterly boundary of the old post road One
Hundred Eighty-six point Seven Five (186.75) feet, more or less, to an iron bolt and aluminum cap
located at the Southwesterly corner of Parcel B as shown on the above mentioned plan;
THENCE North 56 degrees 59 minutes West along the Northeasterly boundary of Parcel A and the
Southwesterly boundary of Parcel B One Thousand Three Hundred Twenty-two point Nine (1,322.9)
feet, more or less, to an iron bolt with aluminum cap located on the Southeasterly boundary of property
formerly of Charles Stanford and shown on the above mentioned plan as property of J. Stanford;
THENCE South 9 degrees 7 minutes East along the Southeasterly boundary of the Stanford property Six
Hundred Thirty-nine point Eight Four (639.84) feet, more or less, to the Gold Mine Road, so called;
THENCE Southeasterly along the various courses of the Easterly margin of the Gold Mine Road to an iron
bolt with aluminum cap at the Northwesterly corner of property now or formerly of William Bond;
THENCE North 38 degrees 51 minutes East along the Bond property One Hundred Thirty-four point
Seven (134.7) feet, more or less, to an iron bolt with aluminum cap;
THENCE North 40 degrees 27 minutes East along the Cunningham property One Hundred Twenty-five
point Zero (125.0) feet, more or less, to an iron bolt with aluminum cap;
THENCE South 59 degrees 20 minutes East along the Northeasterly boundary of the Cunningham
property One Hundred Fifty point Zero (150.0) feet, more or less, to the iron bolt at the place of
beginning.
Plan Reference: P-316/Chester Registry.
MGA Statement:
The parcel complies with the subdivision provisions of Part IX of the Municipal Government Act.
ABLE ENGINEERING SERVICES INC.
4073 HIGHWAY #3 P.O. BOX 959 CHESTER, NOVA SCOTIA, B0J 1J0
TEL. 1-833-756-8433 FAX: 902-273-3072
Email: surveying@ableinc.ca www.ableinc.ca