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HomeMy Public PortalAbout2021-08-19_Council_Website Agenda Package Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, August 19, 2021 Following Public Hearing to be held at 8:45 a.m. Via Facebook Live Office Location: 151 King Street, Chester, NS 1. MEETING CALLED TO ORDER 2. APPROVAL OF AGENDA/ORDER OF BUSINESS 3. PUBLIC INPUT SESSION (15 minutes) 4. MINUTES OF PREVIOUS MEETING 4.1 Council – August 12, 2021. 4.2 Public Hearing – August 12, 2021. 5. COMMITTEE REPORTS 6. PUBLIC PRESENTATIONS 7. MATTERS ARISING: 7.1 Second/Final Notice – Adoption of Policy P-108 Terms of Reference for an Equity, Diversity, and Inclusion Advisory Committee. 7.2 Request for Decision dated August 19, 2021 - Heritage Committee Policy Clean-up – Community Development & Recreation Department. 7.3 Request for Decision prepared August 5, 2021 – Community Development & Recreation Department – Unsigned Development Agreement for Aspotogan Ridge Golf Village. 8. CORRESPONDENCE 9. NEW BUSINESS 9.1 Meeting Schedule – September to December 2021. 10. IN CAMERA 10.1 Section 22(2)(a) of the Municipal Government Act – Land Negotiations (MICA). Page 2 of 2 11. ADJOURNMENT 276 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING 151 King Street, Chester / Facebook Live, NS On Thursday, August 12, 2021 MEETING CALLED TO ORDER Warden Webber called the virtual meeting to order at 8:50 a.m. Present: District 1 – Councillor Veinotte District 2 – Deputy Warden Shatford District 3 – Councillor Barkhouse District 4 – Warden Webber District 5 – Councillor Assaff District 6 – Councillor Connors District 7 – Councillor Church Staff: Tara Maguire, Deputy CAO Pamela Myra, Municipal Clerk Jennifer Webber, Communications Officer Emily Lennox, Executive Secretary Chad Haughn, Director of Community Development and Recreation Tim Topping, Director of Financial and Information Services Solicitor: Samuel Lamey, Municipal Solicitor Regrets: Dan McDougall, CAO APPROVAL OF AGENDA/ORDER OF BUSINESS 2021-312 MOVED by Councillor Assaff, SECONDED by Councillor Church the agenda and order of business for the August 12, 2021, Council meeting be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. MINUTES OF PREVIOUS MEETINGS 4.1 Council – July 22, 2021. Council (continued) August 12, 2021 273 2021-313 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford the minutes of the July 22, 2021, Council meeting be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. COMMITTEE REPORTS There were no Committee Reports. PUBLIC PRESENTATIONS There were no public presentations. MATTERS ARISING 7.1 Village of Chester – Area Rates: a. Request for Decision prepared July 8, 2021 – Financial & Information Services – Village of Chester Area Rate, Outside Fire Rate, and Fire Boat. b. Village of Chester 2021-2022 Rates. c. Village of Chester 2021-2022 Budget. Tim Topping, Director of Financial & Information Services reviewed the Request for Decision regarding the Area Rates of the Village of Chester. 2021-314 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that Council approve the following area rates for the Village Commission of Chester:  Village Commission area rate – 15.17 cents per $100 of assessment for the purposes of tax collection;  Outside area rate – 7.40 cents per $100 of assessment; and  Fire Boat area rate – 7.40 cents per $100 of assessment. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT SESSION Jane Raeburn, Vice President of Made for Mahone Bay spoke regarding vacant commercial space at 122 Queen Street. They hope that Council will allow a change from one vacant commercial space to residential. She recalled the calls they receive constantly from people looking for a place to live but have to turn them down as there are no vacancies. This is Council (continued) August 12, 2021 274 prevalent throughout the municipality – it is not a personal issue – it is systemic. People are struggling to find a place to live. MATTERS ARISING (continued) 7.2 Equity, Diversity, and Inclusion Action Plan: a. Request for Decision prepared July 23, 2021 – Corporate and Strategic Management – Equity, Diversity, and Inclusion Advisory Committee. b. Equity, Diversity, and Inclusion Committee Chart. c. Equity, Diversity, and Inclusion Committee Draft Terms of Reference. Present was Nadine Hackney, Community Development Officer who reviewed the Request for Decision prepared July 23, 2021, regarding an Equity, Diversity, and Inclusion Advisory Committee. 2021-315 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that Council conduct First Notice to adopt Policy P-108 Terms of Reference for an Equity, Diversity, and Inclusion Advisory Committee and refer to Second Notice for adoption. ALL IN FAVOUR. MOTION CARRIED. 7.3 Outdoor Burning By-Law: a. Request for Decision – Corporate and Strategic Management – Outdoor Burning By-Law No. 142 (to follow). b. Draft 7 of Outdoor Burning By-Law. c. Graphic of Outdoor Burning By-Law – comparison of areas. Present was Bruce Blackwood, Fire Services Coordinator who reviewed the Request for Decision prepared August 6, 2021 – Outdoor Burning By-Law Amendment. He highlighted the changes made subsequent to Council’s direction, i.e.: a) amended the definition of Hazard to be as determined by the Municipality or Fire Chief. (section 2.9). b) amended the definition of Nuisance in an attempt to put some degree of qualification and remove some subjectivity. (section 2.11). c) amended the definition of Prohibited Materials, removing the reference to paper, cardboard, and boxboard (section 2.16). d) changed wording from “ shall ” to “ may ” issue an Order in section 7.1 . e) amended the definition of Nuisance to include “ discomfort” ……. (section 2.11). Council (continued) August 12, 2021 275 f) added broader definition of “ Owner ” to include those that have control of the property. (taken from Alarm By-law and consistent with Building code definition. (section 2.18). g) removed reference to Garden Waste in Chester Fire Control Area. We now refer only to the burning of Solid Fuel in open air and approved fire pits. Solid fuel means (dry seasoned hard or soft wood) which should prohibit greenery, stumps roots etc. from being burned in the Village area. The burning of leaves would likely be permitted now as they could be considered “ seasoned ” Excessive smoke generation would need to be enforced under Nuisance. (section 6.2 and section 6.3). h) added back in the permission to have fire appliances on wooden deck to Outer Area Section 5.2 (somehow got dropped from the last versions) . i) removed section on Cost of Work as it is covered under MGA. It was noted that burn restrictions are determined by the province. It was suggested that Section 4 be removed as it is redundant. 2021-316 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that conduct First Reading to amend the Outdoor Fire By-Law #142 to incorporate the changes as outlined in the Request for Decision prepared August 6, 2021 – Outdoor Burning By- Law No. 142 and remove Section 4 as it is redundant. ALL IN FAVOUR. MOTION CARRIED. CORRESPONDENCE 8.1 Thank you letter from Society of St. Vincent de Paul for grant. This was received as information. 8.2 Correspondence dated August 5 from NS Environment & Climate Change to AMA President regarding the Coastal Protection Act Regulations consultation period. The Deputy CAO indicated that the deadline has been extended to the end of September. Councillors were asked to advise staff if they will be attending so that they can be registered. Councillor Barkhouse indicated that she would attend the September 9, 2021, evening session. NEW BUSINESS 9.1 Development at 122 Queen Street, Chester: Council (continued) August 12, 2021 276 a. Request for Decision prepared August 3, 2021 – Community Development – Request for ten residential dwelling units at 122 Queen Street, Chester. Present was Garth Sturtevant, Senior Planner, who reviewed the Request for Direction prepared August 3, 2021, titled Request for 10 Residential Dwelling Units at 122 Queen Street, Chester. The owner would like to convert the one commercial unit to residential. He reviewed the background, i.e., the property is listed in Schedule C of the Land Use By-Law as a prior existing use (9 residential units and 1 commercial unit). Staff have provided three options for Council’s consideration. Currently, the zone allows a maximum of four residential units that also must contain commercial space. Currently the planning documents do not provide a path forward for the amendment requested. Staff reviewed the following options: 1. As-of-Right Approval (Development Permit) for 10 Dwelling Units in the Central Commercial Zone. 2. Discretionary Planning Approval (Development Agreement) for up to 10 Dwelling Units. 3. Create a new zone specifically to accommodate multi-unit residential units. 4. Direct staff to further study the issue. No matter how the issue is addressed, it will require a policy change. There was also discussion on requirements for water in the changes due to the shortage of water being experienced. It was felt option 2 would be preferred. 2021-317 MOVED by Councillor Veinotte, SECONDED by Councillor Barkhouse that Council direct staff to move forward with Option 2 in the Request for Direction – Discretionary Planning Approval (Development Agreement) for up to 10 Dwelling Units and refer back to the Advisory Committee to work out the details DISCUSSION: This would be done outside of the plan review process but also provides direction to the Village Planning Advisory Committee that Council wishes to see Development Agreements included as part of the Plan Review and made available as a development option within Chester Village. ALL IN FAVOUR. MOTION CARRIED. 9.2 District Council Grant Requests: a. Listing of District Grants. b. District 4 - Chester Basin Community – Banners for Veterans - $4,000.00. Council (continued) August 12, 2021 277 c. District 5 – Western Shore & District Fire Dept – Western Shore Days - $2,000.00. d. District 6 - New Ross Farmers Association – Fair Grounds Projects - $1,500.00. e. District 3 – Star Fish Reunite - $500.00. f. District 6 – New Ross Community Rink - $1,500.00. Chad Haughn, Director of Community Development & Recreation was present to review the requests. 2021-318 MOVED by Councillor Barkhouse, SECONDED by Councillor Veinotte the following Council District Grants Be approved:  District 4 - Chester Basin Community – Banners for Veterans - $4,000.00.  District 5 – Western Shore & District Fire Dept – Western Shore Days - $2,000.00.  District 6 - New Ross Farmers Association – Fair Grounds Projects - $1,500.00.  District 3 – Star Fish Reunite - $500.00.  District 6 – New Ross Community Rink - $1,500.00. ALL IN FAVOUR. MOTION CARRIED. 9.3 Designated Community Fund - Request for Funds - Royal Canadian Legion Branch 88: a. Request for Decision prepared July 29, 2021 – Community Development and Recreation – Designated Community Fund Request – Royal Canadian Legion Branch 88 in the amount of $3,879.33 b. Correspondence dated November 4, 2020, from Royal Canadian Legion Branch 88 requesting formation of Designated Community Fund for Legion. c. Correspondence dated July 20, 2021, from Royal Canadian Legion Branch 88 requesting funds in the Designated Community Fund. 2021-319 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that Council provide a Designated Community Fund Grant to the Royal Canadian Legion Branch 88, Chester Basin in the amount of $3,879.33. ALL IN FAVOUR. MOTION CARRIED. 9.4 Request for setup of Mobile Speed Trailer at Ten Beaches location, Hubbards –Councillor Barkhouse/Deputy Warden Shatford. Following discussion, it was agreed to add this area to the mobile speed trailer schedule as it is a very busy and dangerous location. Council (continued) August 12, 2021 278 9.5 Information Report prepared July 23, 2021 – Corporate and Strategic Management – Economic Development Sponsorship – Christmas Tree Council of Nova Scotia 2022 Summer Meeting. Erin Lowe, Senior Economic Development Officer, reviewed Information Memo on an event coming to Oak Island next year. 9.6 Cell Service Discussion – Councillor Veinotte (copy of letters to Bell and Eastlink as background information). Discussion was held with regard to the decline in service over the past six months. It seems to be that we are at a point there are more areas without coverage than with coverage. Several Councillors voiced their concern with the lack of service. It was noted that this is not just a service concern, it is also a health and safety concern. For instance, the emergency notification system can’t work if the technology isn’t working. It was agreed to raise the matter at the Mayors and Wardens Meeting as well as at REMO. Letters will be updated and sent out again. Councillors left the Council Chambers to go to the Pride Flag Raising Ceremony. IN CAMERA 10.1 Section 22(2)(e) of the Municipal Government Act – Contract Negotiations – Village of Chester. 2021-320 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse the meeting convene “In Camera” as per Section 22(2)(e) of the Municipal Government Act – Contract Negotiations – Village of Chester. ALL IN FAVOUR. MOTION CARRIED. ADJOURNMENT 2021-321 MOVED by Councillor Barkhouse, SECONDED by Councillor Church the meeting adjourn. (10:35 a.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk 272 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING – PUBLIC HEARING Consideration Of Amendments to the Chester Village Land Use By-Law to Permit and Regulate a New Category of signs “Drive-Through Menu Board”, Which May Include the Use of Internal Illumination and Digital Technology 151 King Street, Chester / Facebook Live, NS On Thursday, August 12, 2021 MEETING CALLED TO ORDER Warden Webber called the meeting to order at 8:44 a.m. Present: District 1 – Councillor Veinotte District 2 – Deputy Warden Shatford District 3 – Councillor Barkhouse District 4 – Warden Webber District 5 – Councillor Assaff District 6 – Councillor Connors District 7 – Councillor Church Staff: Tara Maguire, Deputy CAO Garth Sturtevant, Senior Planner Pamela Myra, Municipal Clerk Jennifer Webber, Communications Officer Solicitor: Samuel Lamey, Municipal Solicitor Regrets: Dan McDougall, CAO COMMENTS BY MUNICIPAL SOLICITOR The Solicitor was late arriving but confirmed at his arrival that the matter was properly before Council. OVERVIEW BY PLANNER Garth Sturtevant, Senior Planner, reviewed the Amendment request from Pride Signs Ltd. on behalf of Tim Hortons which was to replace the existing menu board in drive through with an electronically lit changing sign. It was noted that the Committee initially considered amendments to the entire Highway Commercial Zone, but after several meetings felt that area was too far reaching and complicated. Staff then refocused the request to the original request of Pride Signs and Council confirmed this. Council – Public Hearing August 12, 2021 273 Staff prepared the current amendment package to introduce the new signage and noted that there is only one business in that category – Tim Hortons. This is the only type of signage that is allowed to use internal lighting. There are also proposed size and height limits that are reasonable and fit the request of the applicant. There are also regulations on the brightness of the sign (using a formula for measuring the brightness). The most meaningful piece is how frequently the sign is able to change. Signs visible from the road are to change less frequently, however, signs hidden from view can change every 8 seconds. The Senior Planner outlined the process followed which included a public information meeting on April 13th at which time one member of the public attended. Additionally, when staff received the change in direction to focus on drive through signs – they then considered the amendment to be specific to the site and sent neighbour notifications within 30 m. If Council is prepared to adopt the changes would come into effect on September 2 if there are no appeals launched. The developer can then apply for a permit to put the new signs in. PRESENTATION BY DEVELOPER There was no feedback or presentation the developer. COMMENTS BY THE PUBLIC ON THE PROPOSAL Once letter of objection was received from Darcy Houghton regarding illuminated signage within the Village of Chester. CLOSING REMARKS There were no further comments from Council. DECISION OF COUNCIL/DEFERMENT OF DECISION 2021-310 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council conduct Second Reading to the amendments of the Chester Village Land Use By-law and included as Appendix A of Staff Report #3 dated July 15, 2021 – Request from Pride Signs Limited to Amend the Chester Village Land Use By-Law to Permit the Replacement of Existing Menu Board Signs at 3811 Highway 3 with new Digital Menu Board Signage as follows: Appendix A – Proposed Amendments to the Chester Village Land Use By-law Amendments to the Chester Municipal Land Use By-law Be it enacted by the Council of the Municipality of Chester as follows: Council – Public Hearing August 12, 2021 274 1) Remove text from Section 15.1.3 which prohibited all forms of Illuminated Signs. 2) Added section 15.2.8 to regulate Drive-through Menu Board Signs Chester Municipal Land Use By-law Underlined text is added. Strikethrough text is deleted. 15.1.3 Signs Prohibited in All Zones All other provisions of this by-law notwithstanding, the following signs shall not be erected or used in any zone: i) Signs which incorporate in any manner any flashing or moving illumination which varies in intensity or which varies in colour, and s Signs which have any visible moving part or visible mechanical movement of any description except for signs which display only time, temperature or humidity; x) all signs which are internally lit, excluding Drive-through Menu Board Signs including but not limited to, panel signs and neon signs. 15.2.8 Drive-through Menu Board Signs i) A Development Permit may only be issued for a Drive-through Menu Board Sign on a lot with an approved Development Permit for a Drive-through use. ii) Drive-through Menu Board Signs shall be limited to a maximum height of 2.5m from grade to the highest part of the sign structure. iii) Drive-through Menu Board Sign shall be limited to a maximum area of 2.5m2 in sign area per side. iv) The total sign area per side for all Drive-through Menu Board Signs on a lot shall not exceed 4m2 v) Drive-through Menu Board Signs may include and utilize internal illumination such as LEDs and similar light emitting technology. vi) Drive-through Menu Board Signs that use internal illumination shall include software or other mechanisms to automatically adjust the brightness level of the sign to a mbient light conditions. Brightness levels shall not exceed 3 Lux above ambient light conditions when measured from the sign face at its maximum brightness, at a distance equal to the equation shown: Measurement distance (m) =√((Area of the sign in m^2 X 100)) (Example: a sign measures 1.5m x 1.5m for a total sign area of 2.25 m2. In this case the measurement distance = √(2.25 m^2 X 100) = 15 m). vii) The image, logo and text displayed by a Drive-through Menu Board Sign shall remain static for a minimum of 8 seconds before changing and the transition between images or text must be instantaneous. Council – Public Hearing August 12, 2021 275 viii) The Sign Area of a Drive-through Menu Board Sign must not be visible when viewed from a public street. If required, a visual screen composed of natural vegetation, landscaping, fencing or a combination thereof shall be installed to mitigate light trespass and overspill from adjacent properties. ix) Drive-through Menu Board Signs shall only remain illuminated during the regular operating hours of the business which it serves. x) Drive-through Menu Board Sign shall maintain a minimum distance of 2m from all property lines. For greater clarity, this setback distance shall be measured from the closest part of the sign to the property line, including the foundation, sign base, sign face, support structures or any other feature that is physically attached to the sign. xi) Before issuing a permit for a Digital Sign, the Development Officer shall require a letter from the sign manufacturer or professional overseeing installation to confirm that the sign will be calibrated to be compliant with the provisions of this By-law. ALL IN FAVOUR. MOTION CARRIED. ADJOURNMENT 2021-311 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the Public Hearing adjourn. ALL IN FAVOUR. MOTION CARRIED. (8:50 a.m.) __________________________ __________________________ Allen Webber Pamela M. Myra Warden Municipal Clerk 1st Notice – adoption of Policy P-108 Terms of Reference for Equity, Diversity, and Inclusion Advisory Committee. Refer to 2nd Notice for final approval. Terms of Reference for Equity, Diversity, and Inclusion Advisory Committee Policy P-108 Effective Date: P-108 Equity, Diversity, and Inclusion Advisory Committee Page 2 of 8 Equity, Diversity, & Inclusion Advisory Committee Terms of Reference Policy P-108 1. Establishment of the Committee The Municipality of the District of Chester approved a preliminary Equity, Diversity, & Inclusion Action Plan. The plan includes an action item to establishes a Citizen Advisory Committee. 2. Purpose/Objective The Municipality of Chester is committed to supporting equity, diversity, inclusion, and dignity of all people, and to establishing equal opportunities in employment. The Equity, Diversity & Inclusion Advisory Committee (the “Committee”) will provide support to staff in the implementation of the Equity, Diversity and Action Plan. The Committee will be a forum for consultation, feedback, and discussion on matters of diversity, equity, and inclusion in the Municipality of Chester. The goals of this Committee are to: a. Develop and promote a vision of inclusion based on the Municipality of Chester’s preliminary Equity, Diversity, & Inclusion Action Plan; b. Strive to achieve suitable representation of designated and underrepresented groups, in the Municipality's workplace, activities and services; c. Further refine and develop the Municipality’s Equity, Diversity & Inclusion Action Plan; d. Be committed to operating with effective, respectful, and inclusive communication; e. Promote and operate through a consensus decision–making process; f. Be responsive to community needs; g. Foster a greater understanding and awareness of diversity, equity and inclusion matters within the community by fostering collaboration and building partnerships; and h. Facilitate opportunities to educate and celebrate the diverse social, cultural, and traditional elements that make up our Municipality. To achieve this, the Committee will: i. Provide a diversity lens for, and resulting recommendations to, the Municipality respecting materials, social media strategies, educational training, community engagement, and other issues that are believed to support diversity and increase inclusion for all throughout the Municipality; j. Provide advice and recommendations to Council concerning opportunities to: advance community education about diversity and inclusion; review names of infrastructure and amenities; determine minimum training requirements for municipal staff and Council; include more diversity and inclusion in programs, services, and infrastructure, ensuring a respectful and equitable community for all to live and work; P-108 Equity, Diversity, and Inclusion Advisory Committee Page 3 of 8 k. Provide input to Municipal staff on the elimination of barriers faced by our community in accessing Municipal programs, services, and policies; l. Recommend policies, programs and practices designed to eliminate racism, discrimination, and exclusion; m. Establish a work plan and, if approved by Council, share the plan with the Municipality's employees and its residents; n. Engage community groups, provincial agencies, and organizations active in diversity, inclusion, and equity to keep apprised programs and services for marginalized communities; and o. Act as an information resource by providing advice and capacity building to community organizations and businesses to educate them on the importance and benefits of diversity in their organizations or businesses and facilitate the provision of diversity and inclusion training when appropriate or requested. 3. Appointment of the Committee 3.1 Committee Membership a. The Committee shall be comprised of a minimum of six and a maximum of nine voting members including: i. Two municipal councillors and the warden; and ii. Three to six members who are residents of, or operate businesses within, the Municipality. b. There will be goals in terms of Committee composition, but not a quota system. Membership should endeavour to: i. Represent a balance of perspectives from the community at large ii. Include culture and language representation iii. Include individuals from organizations challenging discrimination and racism iv. Include representation from First Nations v. Include gender balance vi. Include representation from youth and older adults vii. Include representation from the business community c. Membership is limited to those who live or work in the Municipality of Chester. d. The Municipality will advertise Committee positions in accordance with current Municipal procedures. The advertisement shall contain the following statement: “As one example of this initiative to ensure recognition of the diversity within the Municipality of the District of Chester, we are actively seeking applications from racially visible persons, persons with disabilities, members of other traditionally underrepresented groups, and citizens with an interest in advancing anti-discrimination programs generally.” e. Municipal staff, consisting of at least one supervisory/management employee, two non- management employees, and the Director of Human Resources will be ex-officio members of the committee and are not voting members. They do not count towards quorum of the committee. f. The Committee may also invite external non-voting participants as advisors who represent key partner organizations and/or who bring expertise in relevant areas. 3.2 Membership Responsibilities P-108 Equity, Diversity, and Inclusion Advisory Committee Page 4 of 8 a. Initial appointments will be made for two- or three-year rolling terms in order to maintain continuity. In terms of membership: i. Committee members may be reappointed for additional two- or three-year terms; ii. New members will be added to replace those who are completing terms or leaving the committee for other reasons; iii. There will not be set terms for Municipal staff and advisors; iv. Members of the Committee shall hold office until their term expires or they provide notice of resignation, with their successors to be appointed within three months; and v. The maximum number of consecutive terms any members may serve on the Committee is two. b. In meeting the Committee’s objectives, members will be responsible for attending regular meetings of the Committee. Attendance includes teleconferencing and videoconferencing as needed. Voting members are expected to attend and participate in a minimum of 75% of regularly scheduled meetings over the course of a calendar year. If they do not, or if they miss three consecutive meetings, they will be asked to reconfirm their commitment to serving on the Committee. c. The Committee will discuss all concerns or issues related to discrimination, racism, and barriers to inclusion and make recommendations to Council and/or administration with the full understanding that it is the role of Council to make policy, procedural, capital budget, and operational budget decisions and investments. 3.3 Sub-committees a. The Committee may establish sub-committees as required. b. The Committee Chair will be an ex-officio member of all sub-committees. c. The Committee may appoint persons from outside the committee to a sub-committee. d. Sub-committees shall be chaired by a Committee member and report back to the Committee for consideration of findings. 3.4 Voting a. Municipal Councillors and public members are considered voting members of the Committee. b. Municipal staff members and advisors to the committee do not have a vote. c. Municipal staff members’ positions on decisions will be noted in the minutes and identified as non-voting contributions. Advisory members’ positions on decisions will be noted in the minutes and identified as non-voting contributions. 4. Roles and Responsibilities 4.1 Individual Committee Members The responsibilities of individual committee members are as follows: a. Attend Committee meetings. b. Share information from the Committee with the organizations/communities they are representing. c. Gather input on relevant matters from the organizations/communities they are representing to share with the Committee. P-108 Equity, Diversity, and Inclusion Advisory Committee Page 5 of 8 d. Represent the Committee as required at community functions. e. Report to the Committee with regards to any functions at which they have represented the Committee. f. Guide the implementation of the Action Plan. g. Contribute to the implementation of the Action Plan. Committee members will work together to prepare an annual budget based on the annual allocation approved by Council. 4.2 Chair a. The Chair is selected by from the voting membership by committee members. The Chair is responsible for: i. Ensuring the timely delivery of all Committee agendas and minutes. ii. Serving as the chair of Committee meetings, calling the meeting to order, and ensuring that appropriate procedures are followed. iii. The delivery of Committee reports and recommendations to Council. iv. Serving as the representative of the Committee at official functions. They may delegate this role to the Vice Chair or other Committee members, as required. b. The Chair is considered a voting member of the Committee. c. The Chair’s term will be for a maximum of two years at which time the voting members will vote for a new Chair. d. The Chair can hold consecutive terms if voted in by the members. e. Voting for the Chair and Vice-Chair will occur every two years at the April meeting (or other designated time). 4.3 Vice-Chair a. The Vice-Chair is selected by from the voting membership by committee members. The Vice- Chair is responsible for: i. Convening and conducting meetings if the designated Chair is not available; and informing the Chair as to the salient points/decisions raised or agreed to at that meeting. ii. Serving as the official representative of the Committee at official functions, when delegated by the Chair. iii. Reporting to the Chair with regards to any functions at which they have represented the Chair. b. The Vice-Chair is considered a voting member of the Committee. c. The Vice-Chair’s term will be for a maximum of two years at which time the voting members will vote for a new Vice-Chair. d. The Vice-Chair can hold consecutive terms if voted in by the members. 5. Decision Making a. All decisions of the Committee shall be made by majority vote of Committee members who are present and eligible to vote. Where a majority is not forthcoming, the vote shall be determined in the negative. All decisions of the Committee will be made without undue influence or biased P-108 Equity, Diversity, and Inclusion Advisory Committee Page 6 of 8 decision-making favouring any Committee member’s personal or financial interests, or that of family members or close friends. b. When decisions are required between meetings: i. To the greatest extent possible, staff will consult with Committee members. They will send an electronic message to Committee members outlining the decision to be made, providing any available materials to inform the decision, and indicating the timeline for making the decision. The decision will be made based on a majority vote of voting members, as above. ii. When time does not permit consultation with Committee members and a decision must be made immediately, the Chair (or Vice-Chair, if delegated by the Chair) may make a decision on behalf of the Committee, using all available and relevant information. They must immediately inform the Committee of the decision. 7. Meetings a. Meetings will take place once a month at a date and time agreed upon by the Committee. b. Additional meetings will be scheduled as needed. c. No decisions or recommendations to Council may be made at any Committee meeting unless a quorum of a majority of the current members of the Committee is present in person. d. Meetings will generally take place at the Municipal office in Chester. e. To facilitate connections with diverse groups in the community, meetings may take place in other locations across the Municipality as agreed by the Committee. f. Meetings will be open to the public unless the nature of Committee business (such as dealing with issues under the Municipal Government Act) requires a closed Committee meeting. 8. Communications a. All communications and messaging from the Equity, Diversity, & Inclusion Committee’s work and activities shall come from the Chair or their designate. b. It is expected that all decisions of the Committee will be supported by all members of the Committee upon ratification. c. The foregoing does not limit the ability of an individual Committee member from speaking freely with the media, but in all such cases the individual Committee member should be clear that it is their personal opinion and not that of the Equity, Diversity, and Inclusion Advisory Committee. 9. Definitions a. Discrimination is broadly defined to include action, speech or behaviour by individuals, organizations or groups which may bring about or have the effect of producing, directly or indirectly, hatred, intolerance and/or prejudice against other individuals or groups based on any prohibited ground covered by the Nova Scotia Human Rights Act and the Canadian Charter of Rights and Freedoms. Illegal and/or arbitrary denial of the rights guaranteed to individuals or groups under the Nova Scotia Human Rights Act and the Canadian Charter of Rights and Freedoms, with a view to exclude or limit the exercise of these rights in equal participation in the economic, political, social, and cultural life of society. b. Diversity is a combination of differences and similarities among people. It is more than race, ability, sexual orientation, language, gender, or any other descriptive category. Diversity means understanding and utilizing different views, ideas, life experiences, skills, and knowledge. P-108 Equity, Diversity, and Inclusion Advisory Committee Page 7 of 8 c. Equity is a condition or state of fair, inclusive, and respectful treatment of all people. Equity does not mean treating people the same without regard for individual differences. d. Inclusion is about community actions meant to eliminate barriers so all its members can fully participate in and contribute to the community. It means being supported and valued within the community and organization. P-108 Equity, Diversity, and Inclusion Advisory Committee Page 8 of 8 RECORD OF ADOPTION/AMENDMENTS Effective Date Reason for Adoption/Amendment Adoption of Policy P-108 to establish an Equity, Diversion, & Inclusion Advisory Committee Municipality of the District of Chester Community Development Department Request for Decision Prepared for: Municipal Council Submitted by: Jordon Daniels, Summer Student Planner Reviewed by: Garth Sturtevant, Senior Planner Date: August 19, 2021 Subject: Heritage Committee Policy Clean-up APPLICANT Community Development & Recreation Department PROPOSAL (minor) Amendments to Policy P-39 (“Village Planning Advisory Committee”) and P-63 (“Municipal Planning Advisory Committee”) to remove duplicated language outlining the composition and mandate of the Heritage Advisory Committee. LOCATION N/A Background Policy P-39 (“Village Planning Advisory Committee”) and P-63 (“Municipal Planning Advisory Committee”) contain provisions to outline the establishment of two Heritage Advisory Committees. This has led to the current Heritage Advisory Committee (HAC) structure where the Chester Village Planning Advisory Committee (VPAC) and Municipal Planning Advisory Committee (MPAC) members also serve as members of the Village Heritage Advisory Committee and Municipal Heritage Advisory Committee. Presently, each group oversees planning applications as well as Heritage property issues in their respective area of jurisdiction. Staff have recently noted that By-law No. 76 (“Heritage Property By-law", attached as Appendix B) also contains provisions and an outline for the formation of a single HAC with jurisdiction across the entire Municipality. The Nova Scotia Heritage Property Act only outlines provisions for a single standalone Heritage Advisory Committee. The HAC described in By-law No. 76 has not convened in recent years. Request for Decision Page 2 Heritage Committee Policy Clean-up August 19, 2021 Table 1. Current language assigning the same responsibilities to multiple committees Policy Title Effective Date Current Policy Language P-63 Chester Municipal Planning Advisory Committee and P-39 Chester Village Planning Advisory Committee 13-February-2020 3. (b) Under the Heritage Property Act, but not including any part of the District outside of Chester Village to advise Council on: (i) The inclusion of buildings, streetscapes, and areas in the Municipal Registry of Heritage Property; (ii) Any application for permission to substantially alter or demolish a Municipal Heritage Property; (iii) The guidelines to be used in evaluating proposals to include buildings in the Registry or to alter or demolish Heritage Properties; (iv) Building, zoning or other regulations that affect the attainment of the intent and purpose of the Provincial Heritage Property Act; (v) Any other matters conducive to the effective carrying out of the Provincial Heritage Property Act. By-law No. 76 Heritage Property By-law 18-October-2005 8.1 The Heritage Advisory Committee may advise the Municipal Council respecting; (a) the inclusion of buildings, streetscapes and areas in the Municipal Registry of Heritage Property; (b) an application for permission to substantially alter or demolish a Municipal Heritage Property; (c) building or other regulations that affect the attainment of the intent and purpose of this Act; (d) any other matters conducive to the effective carrying out of the intent and purpose of this Act. Request for Decision Page 3 Heritage Committee Policy Clean-up August 19, 2021 Discussion - Considerations The policies highlighted above assign the roles and responsibilities of the HAC to the planning advisory committees. The Provincial Heritage Property Act, whose provisions are carried forward in the Municipal Heritage Property By-law, provide for a single HAC. Discussions with the Municipal Solicitor confirm that moving to a single HAC as dictated in the Heritage Property By-law is advisable. Therefore, staff propose removing section 3(b) from both policies P-39 and P-63 to address this issue. This approach will allow the Heritage Property By-law to remain unchanged. To come into compliance with the By-law, current members of the MPAC and VPAC will need to be informed of the change in their duties as they will no longer be tasked with reviewing or considering applications to alter registered heritage properties. This change will not impact the status of the current members as it relates to reviewing planning applications that are brought forward for consideration. Advertising will be required to fill vacancies on the newly formed HAC. The Nominating Committee will meet to determine which applicants will be awarded a seat on the HAC. Current members of the planning advisory committees as well as any member of the public may apply for consideration on the HAC. Policy Analysis A review of recent MPAC and VPAC meeting minutes did not reveal any applications to alter or demolish registered heritage properties. Therefore, removing the policy will not impede any ongoing work of these committees. Staff recommend maintaining the language of By-law No. 76 pending the previously identified need to conduct an overall review and update of many by-laws. This will allow Council to advertise vacancies and convene the Nominating Committee to confirm membership for the single Heritage Advisory Committee without requiring changes to the By-law. Options 1. Give notice of intent to amend Policy P-39 and P-63 by deleting 3. (b), (i), (ii), (iii), (iv), & (v). Direct staff to inform current MPAC and VPAC members of the change to the Committee mandates and place advertisements to begin to populate the Heritage Advisory Committee as outlined in the Heritage Property By-law (By-law No. 76). 2. Request additional information. Staff will present the requested information at a future meeting for consideration. 3. Take no action. Maintain language and overlapping Heritage Advisory responsibilities between the HAC, VPAC and MPAC. Request for Decision Page 4 Heritage Committee Policy Clean-up August 19, 2021 Appendix A – Proposed Amendments Amendments to Policy P-39 Be it enacted by the Council of the Municipality of Chester as follows: 1) Delete Section 3 b) Policy P-39 Underlined text is added. Strikethrough text is deleted. 3. The mandate of this Committee shall be as follows: (a) Under the Municipal Government Act: (i) To advise Council on planning matters that have been referred to it by Council, including the preparation, amendment, and administration of the Secondary Planning Strategy, the Land Use By-law, and the Subdivision By-law which apply to Chester Village. (ii) The Committee may request that Council refer to it for study and recommendation any planning related matter that has come to the Committee’s attention. (b) Under the Heritage Property Act, but not including any part of the District outside of Chester Village to advise Council on: (i) The inclusion of buildings, streetscapes, and areas in the Municipal Registry of Heritage Property; (ii) Any application for permission to substantially alter or demolish a Municipal Heritage Property; ( iii) The guidelines to be used in evaluating proposals to include buildings in the Registry or to alter or demolish Heritage Properties; ( iv) Building, zoning or other regulations that affect the attainment of the intent and purpose of the Provincial Heritage Property Act; (v) Any other matters conducive to the effective carrying out of the Provincial Heritage Property Act Request for Decision Page 5 Heritage Committee Policy Clean-up August 19, 2021 Amendments to Policy P-63 Be it enacted by the Council of the Municipality of Chester as follows: 1) Delete Section 3 b) Policy P-63 Underlined text is added. Strikethrough text is deleted.3. The mandate of this Committee shall be as follows: (a) Under the Municipal Government Act: (i) To advise Council on planning matters that have been referred to it by Council, including the preparation, amendment, and administration of the Planning Strategy, the Land Use By-law, and the Subdivision By-law which apply to the whole of the District of Chester. (ii) The Committee may request that Council refer to it for study and recommendation any planning related matter that has come to the Committee’s attention. (b) Under the Heritage Property Act, but not including the Village of Chester, to advise Council on: (i) The inclusion of buildings, streetscapes, and areas in the Municipal Registry of Heritage Property; (ii) Any application for permission to substantially alter or demolish a Municipal Heritage Property; (iii) The guidelines to use in evaluating proposals to include buildings in the Registry or to alter or demolish Heritage Properties; (iv) Building, zoning or other regulations that affect the attainment of the intent and purpose of the Provincial Heritage Property Act; (v) Any other matters conducive to the effective carrying out of the Provincial Heritage Property Act. REQUEST FOR DECISION Prepared By: Garth Sturtevant, Senior Planner Date August 5, 2021 Reviewed By: Date Authorized By: Date CURRENT SITUATION The Aspotogan Ridge Golf Village Inc. Development Agreement (the Agreement) was approved in August of 2019. To date the Agreement remains unsigned and is not in effect. Staff have made numerous inquiries and had discussions with the project lead, but to date, have no evidence or written assurance that the Agreement will be signed. Due to the length of time which has passed since being approved, staff see no reason for the property owner to delay signing the Agreement. Further, a new development proposal in the area is seeking to connect to the Mill Cove Wastewater Treatment System. The unsigned Agreement has now become an impediment to continuing discussions for future development in the area, leaving an outstanding question of capacity. The unsigned Agreement leaves the Municipality in an undesirable position of not being able to definitively respond when asked if capacity exists within the system to service new development. Staff are recommending that Council pass a motion to notify the property owner by registered mail, Aspotogan Ridge Golf Village Inc., that the approved Agreement must be signed and submitted within 30 days of receipt of the letter, or the unsigned Agreement will be discharged. RECOMMENDATION 1. Direct staff to contact the property owner, Aspotogan Ridge Golf Village by Registered Mail and establish a timeline of 30 days from receipt of the letter that the signed Agreement and accompanying deed package must be submitted for Municipal review and signature. If more than 30 days elapse without such submission, Council will deem the approved but unsigned Agreement discharged by Motion at a future Council meeting. BACKGROUND At a Public Hearing held on August 14th, 2019, Municipal Council voted to enter into a Development Agreement with Aspotogan Ridge Golf Village Inc. to facilitate the development of a residential community in Mill Cove. The Agreement included approval for a 52-unit apartment building and an additional 120 dwelling units comprised of 1-4 units per structure. REPORT TO: Municipal Council SUBMITTED BY: Community Development & Recreation DATE: August 19, 2021 SUBJECT: Unsigned Development Agreement for Aspotogan Ridge Golf Village ORIGIN: #2020-118 2 Request For Decision The original approved Agreement was never signed by the property owner and in early 2020, staff were approached regarding a slight change to the road network and access points leading to the development from Parkwood Drive. This change required a minor amendment to the Agreement. In March of 2020, Council approved a minor amendment to the Agreement to replace the original Site Plan (Schedule B) with a revised plan showing a new access point on Parkwood Drive. This change was approved, and the Site Plan was updated. The approved Agreement (attached as Appendix A) has been awaiting signature from the property owners since being originally approved. In order for the Agreement to come into effect it must be signed by both parties and registered against the property at the Provincial Land Registry. This has left the file open, and questions have arisen about the intent of the property owners and whether the project will be developed. A condition for the Municipality to sign the approved Agreement includes the transfer of a parcel of land from the owner to the Municipality. This land will be the site of the future play park as per the terms of the approved Agreement. The deed package to transfer this land must be submitted along with the signatures of the property owner in order for the Municipality to sign and register the Agreement. Staff have been in contact on several occasions with the project contact, Ged Stonehouse, who has advised that the signed Agreement and deed should be forthcoming from the property owners. These discussions have been ongoing since the agreement has been approved. Recent discussions provided renewed optimism, however, to date no concrete assurances or action has demonstrated that the Municipality should anticipate receiving the signed Agreement and deed package. Staff have contacted Mr. Stonehouse to advise that this report was being brought forward for discussion with Council to consider establishing a timeline for signing the Agreement and deeding the park parcel to the Municipality. DISCUSSION Aside from a general desire to conclude the open file and see development begin at the site, the Agreement also speaks to the ability to connect to the Municipal Sewer System in Mill Cove. The Agreement describes the number of units that may connect and allows an option for the Developer to provide a bond for the upgrading and expansion of the existing wastewater treatment system. This in effect is a commitment on the part of the Municipality to provide the service level described in the Agreement. Council has recently accepted a request to consider a Development Agreement for a 42-unit apartment building located across Parkwood Drive from the site of Aspotogan Ridge Golf Village. This new 42-unit apartment development is seeking to connect to the Municipal Sewer system. Before the Municipality can commit to servicing this new development, the Aspotogan Ridge Development Agreement will need to be signed and registered or discharged. This will allow the Municipality to provide accurate information to the developer of the 42-unit building and begin any necessary negotiations. 3 Request For Decision Staff recommend establishing a timeline within which Aspotogan Ridge Golf Village Inc. must sign the Agreement and provide the required deed package. If the agreement is not signed and submitted accompanied by the required deed package, within this timeline, Council should proceed to discharge the approved agreement. Following discharge of the approved Agreement, if Aspotogan Ridge Golf Village Ltd. wish to develop the property, a new Development Agreement would need to be negotiated and approved by Council. IMPLICATIONS Policy Council negotiated and approved the existing unsigned development agreement in good faith. The Municipality provided as much flexibility in the terms of the agreement as was deemed reasonable, in order to support the development of the site. Given that the original agreement was approved in 2019, staff see no reason for the property owner to delay signing the Agreement immediately. With the request for a new development in Mill Cove, the unsigned Agreement now has further reaching implications as the Municipality cannot negotiate with the new developer without knowing its commitment for sewer capacity to Aspotogan Ridge Golf Village. The outstanding and unsigned Agreement is now an impediment to development in the area and a burden on the Municipality. This will remain until such time as the Agreement is signed and registered or discharged. Financial/Budgetary Council has committed as part of the unsigned Agreement to extend the Municipal Sewer System to the edge of the property of Aspotogan Ridge Golf Village Inc. Discharging the Agreement would free the Municipality of this cost. Alternatively, having the Agreement signed would clarify the Municipality’s expenditure and allow for future planning for capacity and distribution of the Mill Cove Wastewater Treatment System. In addition, the current situation where Council cannot easily negotiate with other developers due to the uncertain future of the Agreement, creates the potential for future losses to Municipal tax base if development proposals are abandoned due to uncertainty in servicing capacity. Environmental No direct environmental impacts are anticipated in relation to the signing of the Agreement. Strategic Plan  Maintain a high level of fiscal responsibility;  Continually improve public satisfaction with municipal services;  Ensure sufficient infrastructure is available to best serve our residents and businesses;  Promote conditions conducive to fostering economic prosperity. 4 Request For Decision Work Program Implications Concluding the open file with Aspotogan Ridge Golf Village Inc. will be beneficial for staff and workflow. This will also allow negotiations to begin with potential new developers in the area. No significant work program impacts are anticipated. OPTIONS 1. Direct staff to contact the property owner, Aspotogan Ridge Golf Village by Registered Mail and establish a timeline of 30 days from receipt of the letter that the signed Agreement and accompanying deed package must be submitted for Municipal review and signature. If more than 30 days elapse without such submission, Council will take action to discharge the approved but unsigned Agreement by Motion at a future Council meeting. 2. Direct staff to contact the property owner, Aspotogan Ridge Golf Village by Registered Mail and establish a timeline of 60 days from receipt of the letter that the signed Agreement and accompanying deed package must be submitted for Municipal review and signature. If more than 60 days elapse without such submission, Council will take action to discharge the approved but unsigned Agreement by Motion at a future Council meeting. 3. Direct staff to immediately prepare motion text to discharge the approved but unsigned Agreement without advance written notice to the property owner. 4. Direct staff to take no action at this time. The approved but unsigned Agreement will remain ineffective, and staff will await word and submission of the signed Agreement and deed package. ATTACHMENTS Appendix A – Approved, but unsigned Development Agreement with Aspotogan Ridge Golf Village. 1 THIS DEVELOPMENT AGREEMENT made in duplicate this day of , A.D. 2020 BETWEEN: ASPOTOGAN RIDGE GOLF VILLAGE INC. of the County of Lunenburg in the Province of Nova Scotia, a body corporate having its head office in the community of Hubbards 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(s) 60613452, 60077799 and 60713278, 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 develop Phase 1 of a residential community, that may also include complimentary commercial, institutional and light industrial uses, hereinafter referred to as the Proposed Development; AND WHEREAS the DEVELOPER(S) intends to form one or more condominium corporations, pursuant to the Condominium Act, for all or part of the property; AND WHEREAS the Site Plan attached hereto as Schedule “B” dated February 13, 2020 depicts the layout and project area of the Proposed Development; AND WHEREAS the property(s) described in Schedule “A” are situated in an area which is both designated Neighbourhood Comprehensive Development District (NCDD) on the Land Use Designation Map of the Municipal Planning Strategy and zoned Neighbourhood Comprehensive Development District (NCDD) 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. 2019, approved the execution of this agreement by the parties hereto; 2 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: 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 APARTMENT COMPLEX means, up to three structures, whether attached or detached and containing a maximum of fifty-two (52) self-contained dwelling units; 1.2 LAND USE BY LAW means, the Chester Municipal Land Use By-law; 1.3 LOCALIZED SITE PLAN means, with reference to a structure, a Site Plan showing the location of the structure, property lines, roads, driveways, the location of any wetlands, watercourses or waterbodies as shown on NS 1:10000 topographic data set, grading and infill. The plan shall extend outward from the structure as far as required to confirm that all setback requirements from property lines, other structures and wetlands, watercourses and waterbodies are met. 1.4 MILL COVE WASTE WATER SYSTEM means the Municipal sewer system located in Mill Cove. This term includes all Municipally owned infrastructure associated with the system including but not limited to service mains and maintenance-holes; 1.5 PERMIT FOR SEWER CONNECTION means the approval issued by the Municipal Engineer giving permission to connect a structure to a Municipally owned sewer system; 1.6 WATERBODY means the bed and shore of a freshwater lake, pond or other still body of water; 1.7 WATERCOURSE means the bed and shore of a river, stream, creek, brook or similar; 1.8 WETLAND means a land surface that is periodically or permanently saturated with water and sustains biological activities adapted to wet conditions, and may be commonly referred to as a marsh, swamp, bog, or similar or as otherwise defined in the Provincial Environment Act. 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 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. 2.3 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 3.1 Subject to Part 12 below, 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 and occupation of one (1) Apartment Complex, not to exceed Fifty-Two (52) self-contained, residential dwelling units, that may also include service oriented Commercial or Institutional uses located on the Ground Floor. The structure may also include amenities and services for the use of residents including but not limited to: meeting rooms, pools, library, fitness rooms, craft rooms, shared kitchen, pickle ball courts and other similar features; 3.1.2. Construction and occupation of an additional One Hundred and Twenty (120) residential dwelling units, comprised of a mixture of Single Unit and Multi-Unit Dwellings, not exceeding four (4) dwelling units per structure; 3.1.3. Construction and occupation of Commercial, Institutional and Light Industrial developments, that meet the criteria outlined in Part 6 STRUCTURES A of this Agreement. 3.1.4. Construction of the Proposed Active Play Park to be subdivided and deeded to the MUNICIPALITY as shown on Schedule “B” and in compliance with Part 5 RECREATION AREA.; 3.1.5. Construction of associated private roads, recreation amenities, driveways, drainage works, and landscaping elements as shown on Schedule “B” attached hereto; 3.1.6. Creation or establishment of one or more condominium corporations in connection with any of the uses described in sections 3.1.1 to 3.1.5 4. PERIOD OF CONSTRUCTION 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. 4.2 that the existing sports field, located on PID 60613452 be left undisturbed and in a useable and playable state until a Development Permit has been issued for the Apartment Complex. Further, within twelve (12) months of the date of this Development Permit, the DEVELOPER(S) shall complete construction of the features proposed for the Active Play Park, in compliance with Part 5 RECREATION AREA. For greater clarity, construction includes all site work, levelling, drainage, access road, parking area and seeding/sodding of the field with the understanding that once construction is complete, the field will require one season without use to become well established and prevent damage. Should the DEVELOPER(S) fail to meet this timeline, no further Development Permits or Building Permits shall be issued until this provision is satisfied, this includes permits that have been applied for but have not yet been issued; 4.3 that landscaping, at a minimum sodding or seeding of lawns, within the area covered by the Localized Site Plan submitted for each structure is completed within thirty-six (36) months of the start of construction of the structure. Any areas left in a natural, undisturbed state need not be landscaped. 4.4 that a progress update meeting with the MUNICIPALITY will occur no less than once per annum. The purpose being to review progress at the site and discuss upcoming work that may require inspections by the MUNICIPALITY or budget approval and planning related to expansion of the 4 Mill Cove Wastewater System outlined in Part 12 SANITARY SERVICES and development of the Active Play Park outlined in Part 5 RECREATION AREA. Should the DEVELOPER fail to arrange a meeting within any given year, the MUNICIPALITY may issue a notice to the DEVELOPER that a progress update meeting is required. If no meeting has occurred within 30 days of the date of the notice, the MUNICIPALITY may specify the date and time of the meeting. 5. RECREATION AREA 5.1 The DEVELOPER(S) have subdivided PID 60613452, thereby creating the Proposed Active Play Park indicated on Schedule “B” as a new lot, PID 60713278. The lot, encompassing the whole of the Proposed Active Play Park in addition to a 20m Right-of-Way, in favour of the Municipality of Chester to provide legal access to the property from Parkwood Drive, shall be granted free and clear of encumbrances to the MUNICIPALITY upon the signing of this AGREEMENT; 5.2 The DEVELOPER(S) undertakes to ensure that in compliance with Part 4 PERIOD OF CONSTRUCTION, that the Active Play Park shall include: 5.2.1. a cleared, levelled and grassed field of at least 8600 square metres. The design and construction of which shall account for slope, drainage and subsurface materials and which shall be developed in consultation with the MUNICIPALITY; 5.2.2. driveway or road to provide access, approved by the MUNICIPALITY, from Parkwood Drive, with a minimum travelled width of six (6) metres, constructed in such a fashion to permit access for adequate fire protection and emergency services; 5.2.3. a stable, dust free parking area with a minimum of ten (10) 2.75m X 5.5m parking spaces. 5.3. Upon completion of the Active Play Park, the DEVELOPER shall provide written notice to the MUNICIPALITY to request an inspection of the finished Active Play Park and to initiate the request for a partial discharge of this AGREEMENT as per Part 17.2. 6. STRUCTURES The DEVELOPER(S) undertake to ensure: 6.1 STRUCTURES, GENERAL: 6.1.1. that the minimum setback distance between structures shall be three (3) metres; 6.1.2. that all structures be located a minimum of three (3) metres from all property lines, exclusive of ownership; 6.1.3. notwithstanding 6.1.2, that all structures be located a minimum of seven and one half (7.5) metres from the boundary of the Phase 1 Development Agreement Area, described in Schedule “A”, whichever is greater; 6.1.4. that all structure be located a minimum of twenty (20) metres from a watercourse, waterbody or wetland with exceptions for fire-fighting impoundments and structures related to water systems; 6.1.5. that prior to any Development Permit being issued, the DEVELOPER(S) shall submit a Stormwater Management Plan, prepared by a qualified person, to the satisfaction of the MUNICIPALITY verifying that storm and drainage patterns are adequate for the subject development, including downstream infrastructure, to avoid flooding, and that storm- water is not directed onto any adjacent property other than road ditches. The DEVELOPER(S) shall ensure that the construction, maintenance and operation of 5 Stormwater Management features on the site adheres to the submitted Stormwater Management Plan; 6.1.6. that prior to any Development Permit being issued, the DEVELOPER(S) shall submit a Localized Site Plan, showing the location of the structure to ensure compliance with setbacks from other structures, property lines, grading and infill and to confirm sufficient parking will be provided; 6.2 RESIDENTIAL STRUCTURES: 6.2.1. That each residential dwelling unit shall be permitted one accessory structure; 6.2.2. That the Apartment Complex shall include screening of any outside storage, including waste containers, from adjacent properties and from the street by an opaque fence at least 1.2m in height or an equivalent combination of berms or landscaping 6.3 COMMERCIAL/INSTITUTIONAL & LIGHT INDUSTRIAL STRUCTURES: Commercial/Institutional and Light Industrial uses which satisfy all other criteria within this Agreement shall be permitted by Development Permit subject to the following: 6.3.1. No single development shall exceed 2000 m2 of gross floor area or 6000 m2 of land area; 6.3.2. 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; 6.3.3. The development, including outdoor storage and display areas, must maintain a minimum twenty (20) metre separation distance from all other structures. Commercial or Institutional uses located within the Apartment Complex are exempt from this setback requirement; 6.3.4. The development shall ensure screening of parking and loading areas and any outside storage, including waste storage, from adjacent properties and from the street by an opaque fence at least 1.2m in height or an equivalent combination of berms or landscaping; 6.3.5. The development shall include landscaping, such as trees, shrubs and garden beds, either retained from the natural state or replanted, to cover a minimum of 25% of the total area shown by the Localized Site Plan. Commercial or Institutional uses located within the Apartment Complex are exempt from this setback requirement; 7. ROADS AND ACCESS Phase 1 of the proposed development will be served by Private Roads, the sole exception being a Seven Hundred and Thirty (730) metre portion of Parkwood Drive which is a Municipal Road. Therefore, the DEVELOPER(S) undertake to ensure: 7.1 that all Private Roads shall maintain a minimum Right-of-Way width of Twenty (20) metres and must provide adequate access for emergency vehicles. 7.2 that the travelled portion of any access right-of-way is at least six (6) metres in width and is constructed in such a fashion as to permit access for adequate fire protection and emergency services. The final road design and layout, including turning radii, shall include consultation with the Hubbard’s Volunteer Fire Department Chief. 7.3 that all access connections to Municipally owned streets require approval by the MUNICIPALITY. Such approval shall require that the portion of any private street that falls within the Municipal 6 Right-of-Way shall be constructed to the Municipal Specifications for Private Roads. Any section of a private road outside of the Municipal Right-of-Way need not meet this standard; 7.4 that any future discussions between the DEVELOPER(S) and the MUNICIPALITY regarding the take-over of ownership and maintenance of existing and new Private Roads is subject to Part 16 CHANGES AND ALTERATIONS; 7.5 that any future subdivision within the Phase 1 Development Agreement Area that requires road design and construction, shall comply with the requirements of the Subdivision By-law. 8. PARKING The DEVELOPER(S) undertakes to ensure: 8.1 that each residential dwelling unit is provided with a minimum of one (1) parking space 8.2 that all Commercial, Institutional and Light Industrial Developments provide a minimum of one (1) parking space for every Fifty (50) square metres of floor area, excluding washrooms and storage areas. 9. SUBDIVISION OF LANDS That without amendment to this Agreement, the DEVELOPER(S) undertakes to ensure: 9.1 that the subdivision of land shall adhere to the Municipal Subdivision By-law; 9.2 that the subdivision of PID 60613452 resulting in the creation of a new lot, identified on Schedule “B” as Proposed Active Play Park, be deeded to the MUNICIPALITY in compliance with Part 5.1. 9.3 that the Proposed Active Play Park be deemed a contribution in calculations for Public Open Space as required by the Subdivision By-law. The Active Play Park shall serve as a land-bank, which shall be drawn down as required by future subdivision undertaken by the DEVELOPER(S) within the Neighbourhood Comprehensive Development District zone. 10. 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. 11. SIGNS The DEVELOPER(S) undertakes to ensure that all permanent exterior advertising or project identification signs shall comply with the Land Use By-law. 12. SANITARY SERVICES 12.1 Prior to a Development Permit being issued, the DEVELOPER(S) shall submit a Servicing Plan and any documentation necessary to confirm that onsite sewage disposal systems are designed and will be constructed to meet Nova Scotia Department of Environment specifications to serve the proposed development; 12.2 Notwithstanding 12.1, a Development Permit may be issued if the DEVELOPER(S) has received a Permit for Sewer Connection to the Mill Cove Waste Water System to serve a portion or all of the Phase 1 Development Agreement Area. 7 12.3 The MUNICIPALITY agrees to extend the service lines of the Mill Cove Wastewater System from the current location to the edge of the DEVELOPER(S)’s property on Parkwood Drive to Service Phase 1, shown on Schedule “B” as Parcel A-1 Proposed Apartment Site; 12.3.1. All wastewater infrastructure that connects to the Mill Cove Wastewater System shall be designed and constructed as outlined in the Municipal Specifications and subject to review and approval by the Municipal Engineer; 12.3.2. Ownership and maintenance for any wastewater infrastructure, built in compliance with 12.3.1, may be turned over to the MUNICIPALITY provided all required easements and inspections have taken place; 12.4 Upon receiving a request from the DEVELOPER(S), Council may consider expansion of the Mill Cove Wastewater System to provide additional capacity, once the Apartment Complex has received a Permit for Sewer Connection. This expansion is subject to the following: 12.4.1. To connect up to Forty (40) residential dwelling units described in Part 3.1.2, a performance bond, in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000) must be submitted to the MUNICIPALITY. The bond shall be returned to the DEVELOPER(S) when Twenty (20) of the residential dwelling units have received a Permit for Sewer Connection. Should the DEVELOPER(S) fail to achieve this standard, the bonded monies may be forfeit; 12.4.2. To connect up to an additional Forty (40) residential dwelling units described in Part 3.1.2, a performance bond, in the amount of TWO HUNDRED THOUSAND DOLLARS ($200,000) must be submitted to the MUNICIPALITY. The bond shall be returned to the DEVELOPER(S) when Twenty (20) of the residential dwelling units have received a Permit for Sewer Connection. Should the DEVELOPER(S) fail to achieve this standard, the bonded monies may be forfeit. 13. OPERATION AND MAINTENANCE 13.1 The DEVELOPER(S)(S) undertakes to ensure that all structures are maintained in good repair and in a tidy and useable state; 13.2 The DEVELOPER(S)(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; 13.3 The DEVELOPER(S)(S) undertakes to ensure that all on-site sewage disposal systems shall be operated so as not to have a negative impact on the quality or quantity of water resources, including wells, in the area; 13.4 The MUNICIPALITY shall, upon acceptance of the deeds and prior inspection and approval of the Proposed Active Play Park, roadways, or sewer infrastructure, together with all required easements being in place and free of encumbrances, assume responsibility for their upkeep and maintenance. 14. FIRE PREVENTION 14.1 The DEVELOPER(S) undertakes to ensure that adequate access to water for fire protection purposes is provided through connection to the Municipal Fire Protection System or by installing retention ponds, dry hydrants or a suitable equivalent. The location and placement of water 8 sources shall be determined after consultation between Hubbards Volunteer Fire Department Chief and the DEVELOPER(S); 14.2 An adequate driveway access, parking area for fire vehicle use and signage shall be provided at the water source (s) as specified by the Hubbards Volunteer Fire Department Chief. 15. LIABILITY 15.1 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) on accordance with this Agreement. 15.2 The indemnity above does not cover acts of negligence or misconduct on the part of the MUNICIPALITY. 16. CHANGES AND ALTERATIONS 16.1 That all matters in this Agreement not specified in Sub-clause 16.2 below, are substantial matters which shall not be changed or altered except by amendment to this Agreement in accordance with the relevant statutes; and 16.2 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 aspects of the agreement: 16.2.1. the precise location of the Apartment Complex shown on Schedule “B”; 16.2.2. the precise placement of roads, driveways, trails and guest parking as shown on Schedule “B”; 16.2.3. the ownership transfer from the DEVELOPER(S) to the MUNICIPALITY of the private portion of Parkwood Drive and/or future private roads that provide access to the development; 17. TERMINATION OF AGREEMENT 17.1 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”; 17.2 That upon receipt of notification from the DEVELOPER described in Part 5.3, the MUNICIPALITY shall undertake an inspection of the Active Play Park. Once the MUNICIPALITY is satisfied that the terms of Part 5 of this AGREEMENT have been met, the Council of the MUNICIPALITY agrees that a partial discharge of this AGREEMENT to extricate the Parcel containing the Active Play Park from the remainder of Phase 1 shall be executed and recorded; 17.3 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. 17.4 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 this Agreement; 9 17.5 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; 17.6 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 17.7 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. 17.8 That the Council of the MUNICIPALITY may discharge this Agreement or reallocate capacity within the Mill Cove Wastewater System to other users should a period of twenty-four (24) months elapse where no Development Permits are issued. This provision shall take effect when the first Development Permit has been issued in accordance with this Agreement. 18. 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. 19. EFFECT 19.1 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; 19.2 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; 19.3 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. 20. OWNERSHIP The DEVELOPER(S) hereby certifies by the signatures affixed below that ASPOTOGAN RIDGE GOLF VILLAGE INC. is the sole owner of the properties identified as PID number(s) 60613452 and 60077799 as described in the attached Schedule “A”. The DEVELOPER(S) further certifies that he has 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. 10 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: ASPOTOGAN RIDGE GOLF VILLAGE INC. 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 11 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 ASPOTOGAN RIDGE GOLF VILLAGE INC.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 12 SCHEDULE “A” Legal Description - DEVELOPMENT AGREEMENT AREA PHASE 1 ASPOTOGAN RIDGE GOLF VILLAGE ALL that certain lot, piece or parcel of land situate, lying and being at Parkwood Drive, in the County of Lunenburg, Province of Nova Scotia, being LOT 1 and PARCEL A-1 as shown on a plan entitled “Site Plan Showing PROPOSED LOT RE-CONFIGURATION Showing LOT 1, PARCEL P-10, PARCEL A-1 Lands of 3314299 NOVA SCOTIA LIMITED” prepared by Design Point Engineering & Surveying Ltd., dated the 9th day of April, 2019, being more particularly described as follows: BEGINNING at a survey marker at southwestern corner of Lot 5A (PID 60615994), also being on the northern limits of Parkwood Drive, THENCE westerly along the northern limits of the public and private portions of Parkwood Drive a distance of 937.4 metres more or less to a point on the northern limits of the private portion of Parkwood Drive; THENCE northerly a distance of 98.2 metres more or less to the southern boundary of PID 60425030; THENCE easterly along the southern boundary of PID 60425030 a distance of 661.8 metres more or less to a survey marker at the northwestern corner of PID 60501277; THENCE southerly along the western boundary of PID 60501277 and PID 60077781 a distance of 94.6 metres more or less to a survey marker at the southwestern corner of PID 60077781; THENCE easterly along the southern boundary of PID 60077781 a distance of 187.2 metres more or less to a survey marker at the northwestern corner of Lot 5A; THENCE southerly along the western boundary of Lot 5A a distance of 125.7 metres more or less to the point of beginning; CONTAINING 147,637.3 square metres more or less. ALL bearings are grid derived from the Nova Scotia Coordinate Survey System and are referred to Central Meridian 64 degrees 30 minutes West. ALL bearings are grid derived from the Nova Scotia Coordinate Survey System and are referred to Central Meridian 64 degrees 30 minutes West. PROPOSED PRIVATE ROAD(20m Wide)830.9m ±578.7m ±94.6m ±187.2m ±125.7m ± 119.8m ±37.3m ±98.2m ±169.2m ±PROPOSED TRAILPARKWOOD DRIVE (Private)(Width Varies)LAKE ROAD(Width Varies)49.5m ±A=183.0m ±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±81.0 m ± 100.1m ±89.6m ±A=180.0m ±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±PARKWOOD DRIVE (Public)(Width Varies)End of PublicRoadROUTE 329 (20.117m Wide)PROPOSED ROAD(20m Wide)A=93.7m ±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±A=37.9m ±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±A=33.3mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm5.8m ±6.0m ±3,632.7 Sq. Metres ±(0.90 Acres ±)PARKWOOD DRIVE (Private)(Width Varies)A=117.7m ±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±2.1 m ±1.4m ±24,317.5 Sq. Metres ±(6.01 Acres ±)Fd.(575)Fd.(179)Fd.(575)Fd.(WML)Fd.(WML)Fd.(WML)Fd.(WML)Fd.(409)Fd.(TC)Fd.(TC)Fd.(TC)Fd.(WML)Fd.(455)Fd.(WML)47.8m ±35,453.0 Sq. Metres ±(8.76 Acres ±)20m Wetland Buffer WetlandPROPOSED TRAILPROPOSED TRAIL94.88 Hectares ±LOT 1PID 60533171Now or Formerly Lands ofBPC PENCO (NOVA SCOTIA) INC.Book 740 Page 958PID 60425030Now or Formerly Lands ofTERRENCE AND SHELLEY MARSHALLLRO Doc. No. 110063824LOT P-10Proposed Active Play ParkEasement in favour ofH.M. in right of Canadafor acess to power andcommunication lines.PID 60077781PID 60501277PID 60501269PID 60501251Easement in favour ofH.M. in right of Canadafor acess to power andcommunication lines.LOT 1-BPID 60425048LOT 5APID 60615994Now or Formerly Lands of3279879 NOVA SCOTIALIMITEDPARCEL A-1Proposed Apartment SiteLOT 1PID 60657590LOT 2PID 60657608LOT 3PID 60657616LOT 4PID 60657624LOT 5PID 60657632 PARCEL HH-1-R1PID 60077799Now or Formerly Lands ofAspotogan Ridge Golf Village Inc.LRO Doc. No. 112344024PARCEL A-2PID 60613452Now or Formerly Lands ofAspotogan Ridge Golf Village Inc.LRO Doc. No. 112345450Easement in favour of H.M. inright of Canada for acess topower and communication lines.PHASE 1LOT MC-1A-R(REMAINDER OF LOT MC-1A)PID 60613452Now or Formerly Lands ofAspotogan Ridge Golf Village Inc.LRO Doc. No. 11234545059,773.1 Sq. Metres ±(14.77 Acres ±)PROPOSED ROAD(20m Wide)150.1m ±94.5m ±289.6m ±82. 6 m ±A=123.2m±103.5m ±PR O P O S E D T R A I L P R O P O S E D A C C E S S P R O P O S E D A C C E S S STORMWATERMANAGEMENTAREA 3STORMWATERMANAGEMENTAREA 2STORMWATERMANAGEMENTAREA 1STORMWATERMANAGEMENTAREA 4PROPOSED PRIVATE ROAD (20m Wide)PROPOSEDTRAILLOT 1123,319.8 Sq. Metres ±(30.47 Acres ±)VENT U R E A V EPHASE 1PARCEL HH-1-R263,546.7 Sq. Metres ±(15.70 Acres ±)8,860.8 Sq. Metres ±(2.19 Acres ±)Proposed GrassedPlay AreaPA R C E L A E - 2 AC C E S S E A S E M E N T I N F A V O U R O F TH E M U N I C I P A L I T Y O F C H E S T E R PARCEL AE-1ACCESS EASEMENT IN FAVOUR OFTHE MUNICIPALITY OF CHESTER661.8m ±GRID NORT H KEYPLANSCALE1:50,000Aspotogan - PHASE 1Site Plan ShowingPROPOSED DEVELOPMENT CONFIGURATIONShowingLOT 1, LOT P-10,PARCEL A-1Lands ofASPOTOGAN RIDGE GOLF VILLAGE INC.PARKWOOD DRIVE,MILL COVEMUNICIPALITY OF CHESTERCOUNTY OF LUNENBURGPROVINCE OF NOVA SCOTIADATE: FEBRUARY 13, 2020DWG NO: 19-037-SV-L1NAD-83 (CSRS) 2010.0 3° MTMCENTRAL MERIDIAN 64° 30'FOX POINTMILL COVEROUTE 329160Scale: 1:2000 (Metric)804004020ST. MARGARETS BAYSITE OFSKETCHFOX POINTLAKEMILL COVEBIG LAKECLAYTON DRIVENOTES:LOT HH-1 SUBDIVIDED TO FORM PARCEL HH-1-R1 AND PARCEL HH-1-R2.LOT MC-1A SUBDIVIDED TO FORM PARCEL A-1, A-2, LOT P-10 AND REMAINDER OF LOTMC-1A.PARCEL HH-1-R1 TO BE CONSOLIDATED WITH REMAINDER OF LOT MC-1A TO FORMLOT MC-1A-R.PARCEL A-2 AND PARCEL HH-1-R2 TO BE CONSOLIDATED TO FORM LOT 1.PHASE 1 IS COMPRISED OF PARCEL A-1, LOT P-10, AND LOT 1.PROPOSED PRIVATE ROAD GEOMETRY DESIGNED TO ACCOMMODATE FIRE TRUCKACCESS ACCORDING TO NBCC. PUBLIC ROAD GEOMETRY TO MEET MUNICIPAL ANDTAC STANDARDS.FOUND SURVEY MARKERPLACED SURVEY MARKERFd.CONTROL POINTFENCESLANDS DEALT WITH BY THIS PLANOTHER LANDSOVERHEAD WIREE-OHCONSTRUCTED ROAD CENTRELINELEGEND:XXPHASE 1 BOUNDARYEASEMENTSPREVIOUS LOT LINES(TC)THOMPSON CONN & ASSOCIATES(179)ALEXANDER M. MCDONALD NSLS #179(U)UNIDENTIFIED(WML)WALLACE MACDONALD LIVELY LTD. (409)LESTER W. BERRIGAN NSLS #409(455)GARRY S. PARKER NSLS #455TACTRANSPORTATION ASSOCIATION OF CANADANBCCNATIONAL BUILDING CODE OF CANADA Sunday Monday Tuesday Wednesday Thursday Friday Saturday SEPTEMBER 2021 1 2 COW 3 4 5 6 CLOSED – LABOUR DAY 7 8 9 COUNCIL 10 11 12 13 14 15 16 COW 17 18 19 20 21 22 23 COUNCIL 24 25 26 27 28 29 30 CLOSED – Truth & Reconciliation Day Sunday Monday Tuesday Wednesday Thursday Friday Saturday OCTOBER 2021 1 2 3 4 5 6 7 COW 8 9 10 11 CLOSED THANKSGIVING 12 13 14 COUNCIL 15 16 17 18 19 20 21 COW 22 23 24 31 25 26 27 28 COUNCIL 29 30 Sunday Monday Tuesday Wednesday Thursday Friday Saturday NOVEMBER 2021 1 2 3 4 COW 5 6 7 8 9 10 Schedule Council on November 10th or Cancel 11 CLOSED – REMEMBRANCE DAY 12 13 14 15 16 17 18 COW 19 20 21 22 23 24 25 COUNCIL 26 27 28 29 30 Sunday Monday Tuesday Wednesday Thursday Friday Saturday DECEMBER 2021 1 2 COW 3 4 5 6 7 8 9 COUNCIL 10 11 12 13 14 15 16 COW 17 18 19 20 21 22 23 24 Closing at Noon 25 26 27 Closed in lieu of December 25 28 Closed in lieu of December 26 29 CLOSED 30 CLOSED 31 CLOSED January 1 District Council Grants 2021 - 2022 Updated August 13, 2021 Requested Approved *Ocean Swells Community Association: Maintain facility 1,000.00$ 1,000.00$ *District 1 Community Centre: Maintain facility 1,000.00$ 1,000.00$ District 1 Community Centre: Water Softener 547.50$ 547.50$ District 1 Community Centre: Parking Lot Repairs 1,000.00$ 1,000.00$ Chester Jr Sail Program: Equipment & Repairs 1,000.00$ TOTAL FUNDS APPROVED 3,547.50$ *Funds Carried Forward from 2020-2021 2,000.00$ TOTAL FUNDS REMAINING 8,452.50$ Chester Brass Band: Summer Band Stand Concerts 600.00$ 600.00$ Hubbards Area Lions Club: Purification System 2,000.00$ 2,000.00$ Through the Years Day Care & Comm Centre: Court Surface 2,000.00$ 2,000.00$ TOTAL FUNDS APPROVED 4,600.00$ TOTAL FUNDS REMAINING 5,400.00$ Chester District Soccer Association: Purchase New Jerseys 500.00$ 500.00$ Chester Farmers' and Artisan Market: Storage Shed 800.00$ 800.00$ Chester Theatre Council (Playhouse): Summer Programs 1,000.00$ 1,000.00$ Chester Yacht Club: Race Week Adaptations (Virtual, PPE, etc.)500.00$ 500.00$ Starfish Reunite, St Stephens Parish: Refugee Family Fundraising 500.00$ 500.00$ Chester Jr Sail Program: Equipment & Repairs 500.00$ TOTAL FUNDS APPROVED 3,300.00$ TOTAL FUNDS REMAINING 6,700.00$ RC Legion, Br 88, Chester Basin: Community Banner Project 4,000.00$ 4,000.00$ TOTAL FUNDS APPROVED 4,000.00$ TOTAL FUNDS REMAINING 6,000.00$ Western Shore & Area Improvement Asso: Flower Baskets 3,248.75$ 3,248.75$ Western Shore & District Fire Department: Western Shore Days 2,000.00$ 2,000.00$ TOTAL FUNDS APPROVED 5,248.75$ TOTAL FUNDS REMAINING 4,751.25$ Forties Community Centre: Oktoberfest 500.00$ 500.00$ RC Legion, Br 79 New Ross: Canada Day & Remembrance Day 1,500.00$ 1,500.00$ New Ross Community Care Centre: Communications 1,000.00$ 1,000.00$ New Ross Farmers Association: Septic Upgrades & Maintenance, etc.1,500.00$ 1,500.00$ New Ross Community Rink Project: Rink Materials & Supplies 1,500.00$ 1,500.00$ TOTAL FUNDS APPROVED 6,000.00$ TOTAL FUNDS REMAINING 4,000.00$ Chester District Soccer Association: Purchase New Jerseys 1,000.00$ 1,000.00$ District 7 Chester Jr Sail Program: Equipment & Repairs 1,000.00$ TOTAL FUNDS APPROVED 1,000.00$ TOTAL FUNDS REMAINING 9,000.00$ Total Funds Approved 27,696.25$ District Grant Budget 2021-2022 70,000.00$ Plus 2020-2021 Carried Forward 2,000.00$ Total District Grant Budget 72,000.00$ Remaining Funds 44,303.75$ District 1 District 2 District 3 District 4 District 5 District 6 MUNICIPALITY OF THE DISTRICT OF CIIESTER GRANT APPLICATION FORM ~ ... ""'"'""'"'0\" CHESTER Name of Organization: OJ (lsJi._ ( Contacl Person: Mailing iWtlress: Email: District Council Grant Request Phone: "'~~Aoi Co~ ·" !Jtl __ ~ "tv&-J(.) f 2.j v• ~~ 1-"f\..-dri':_ l1DOLJ _ Amount Requested:$ dQJV ' Municipal IJistri~t# 1-Sl-4. ({,)/.. ~ I 1 oO UN 3-P<ti1<1/; • ~o Please provide a brief description of your project or event: ~ If funtling is approved, who should the cheque he made payable to: Please for>"1ard applications to the following: Director of Community Developmeott and Recreation "District Coun~il Gt<lnt" Municipality of the Disl:l.ict of Chester POBox369 Chester NS BO/ 1)0