HomeMy Public PortalAbout2022-04-21_PH Package_Bill 58 MPS Amendments - Early Notice to Abutting Municipalities MUNICIPALITY OF THE
DISTRICT OF CHESTER
A G E N D A
PUBLIC HEARING
Consideration of amendments to the Chester Municipal Planning Strategy to provide clarity on the Public
Participation Program that is undertaken before holding a Public Hearing related to the adoption or amendment
of planning documents. The amendments also introduce new policies on engaging with abutting Municipalities
earlier in the approval process, to allow meaningful input and opportunities for collaboration.
21 April 2022, 8:45 a.m.
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
2. COMMENTS BY MUNICIPAL SOLICITOR
3. OVERVIEW BY PLANNER
a. Location and nature of proposal
b. Secondary Planning Strategy
c. Outstanding Concerns
d. Summary of Advertisements and Meetings related to the draft amendments
e. Recommendations
i. Draft Amendments
4. PRESENTATION BY DEVELOPER
a. N/A – initiated by staff and Council in response to Provincial legislation requiring Municipalities adopt
policies to provide early engagement with abutting Municipal units.
5. COMMENTS BY THE PUBLIC ON THE PROPOSAL
a. In Favour
b. Opposed
c. Any other comments
6. CLOSING REMARKS (CHAIR)
7. DECISION OF COUNCIL / DEFERMENT OF DECISION
PLANNING MATTERS REPORT
REPORT TO: Municipal Council
MEETING DATE: March 31, 2022
DEPARTMENT: Community Development & Recreation
SUBJECT: MPS Amendments in Response to Bill 58 –
Minimum Planning Requirements
ORIGIN: Passage of Provincial Bill 58
Date: March 18, 2022 Prepared by: Garth Sturtevant, Senior Planner
Date: March 22, 2022 Reviewed by: Chad Haughn, Director CD&R
Date: March 22, 2022 Authorized by: Dan McDougall, CAO
APPLICATION OVERVIEW
Applicant: N/A Zone: N/A
Proposal: N/A Rezoning Required: ___ Yes _ _ No _X N/A
Location: General Amendment to MPS Neighbour Notification: N/A
RECOMMENDED MOTION
For consideration and discussion. See Options below.
CURRENT SITUATION
Effective on December 3, 2019, Provincial Bill 58 includes amendments to the Municipal Government Act and
introduces minimum planning requirements for all Municipal Units. Any required amendments must be in place
within three years of the effective date, being December 3, 2022.
Staff have reviewed the contents of the Bill and confirm that most changes will not impact the current planning
framework in MOC. However, one new area requires specific policies on how the Municipality will engage on
planning decisions with abutting municipalities.
Bill 58 requires that a Municipality engage abutting municipalities earlier in the planning process, prior to 1st
notice of a Public Hearing being advertised. This is in addition to the standard public participation program
carried out for each planning file.
BACKGROUND
In support of Municipal planning and land use control, Bill 58 has introduced changes to the existing Municipal
Government Act. This includes the addition of Minimum Planning Requirements which require that every
Municipality adopt a Municipal Planning Strategy and Land Use By-law for all areas within the Municipality. In
addition to these requirements, Bill 58 includes provisions that require a Municipality to adopt policies on
engagement with abutting Municipal Units prior to giving 1st reading to planning documents.
DISCUSSION
Staff from the Municipality of the District of Lunenburg, the Town of Mahone Bay, the Town of Lunenburg, the
Town of Bridgewater and Municipality of Chester have met to discuss a regional engagement policy. It was
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determined that each unit has varying procedures for engagement and that creating an identical policy was
unlikely to succeed. Instead, staff focused on producing a draft procedure for each unit, incorporating the spirit
of collaboration and although differing in format, much of the core ideas remain common.
In the Municipality of Chester, the public engagement program has been long established and primarily
contained in the Municipal Planning Strategy and Land Use By-law. Other Municipal units choose to have a
stand-alone policy for Public Engagement or Public Engagement for Planning Activities.
The draft amendments, attached as Appendix A will add policies to Section 9.1 of the Municipal Planning
Strategy to outline both the existing public participation program as well as new policies on engagement with
abutting Municipalities. The most significant change being a requirement to notify abutting Municipalities of
changes to planning documents prior to Council giving 1st reading.
The draft policies describe the type of planning documents that require this early notice. Additionally, the
policies outline the procedure for notifying abutting Municipalities. Of note, the draft policies consider notice to
abutting Municipalities to have “solicited” comments, whether or not a response is received. Without this
clarification, it could be argued that a Municipality is required to await feedback once notice is given before
proceeding to a Public Hearing.
RECOMMENDATION FROM MPAC/VPAC
At a jointly held meeting of the Municipal Planning Advisory Committee and Village Planning Advisory
Committee on March 16, 2022, staff presented the proposed amendments to the Municipal Planning Strategy.
As these amendments will impact all planning files in the Municipality, it was felt that a joint meeting of the two
groups would be the most efficient method of reviewing the amendments. Following brief discussion and
questions, the group passed the following motion:
MOVED by Syd Dumaresq, SECONDED by Ross Shatford to recommend that Council approve the draft
MPS amendments with the following change: clarify at Policy A-6 that the trigger for sending out early
notice to abutting Municipal units is when there is a direction to staff from Council. All in FAVOUR.
MOTION CARRIED.
The motion recommends a small change to the draft amendments. The change would specify that the early
notice, required in Policy A-6, must be sent at the time Council first directs staff to prepare a report for
consideration. Without this change, the policy was less specific and stated that the early notice must be sent
prior to the first advertisement of the Public Hearing. The recommended change proposed by the Planning
Advisory Committees would remove any uncertainty in when early notice is sent. This would also provide the
maximum amount of time for an abutting Municipality to submit comments back to the Municipality.
OPTIONS
1. Accept the recommended minor change to policy A-6 as proposed by the Municipal and Village Planning
Advisory Committees. Give First Reading to the draft amendments attached as Appendix A, and further
set a date for a Public Hearing for Thursday April 21, 2022 at 8:45am in Municipal Council Chambers.
2. Reject the recommended change to Policy A-6 as proposed by the Municipal and Village Planning
Advisory Committees. Give First Reading to the draft amendments attached as Appendix A as originally
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presented. Further, set a date for a Public Hearing for Thursday April 21, 2022 at 8:45am in Municipal
Council Chambers.
3. Do not give First Reading to the draft amendments. Additional direction is required.
IMPLICATIONS
By-Law/Policy
The draft amendments will add policy to Section 9.1 of the Municipal Planning Strategy as per Appendix A.
Financial/budgetary
N/A
Environmental
N/A
Strategic Priorities
The amendments to clarify the Public Participation Program for planning documents will assist the Municipality
in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework:
Priority Outcomes: Governance & Engagement
1. Ensure municipal service delivery is efficient and effective, communicated and accessible.
2. Ensure municipal bylaw and policy frameworks reflect current and changing needs.
Work Program Implications
No significant implications are expected.
Has Legal review been completed? X Yes _ _ No __ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
As noted in this report, staff worked with the Municipality of the District of Lunenburg, Town of Mahone Bay,
Town of Lunenburg and Town of Bridgewater to develop a similar approach to regional engagement. This was in
keeping with the spirit of the legislation and resulted in similar policy statements being proposed for each unit in
Lunenburg County.
ATTACHMENTS
Appendix A – draft MPS Amendments to outline Public Participation Program and engagement with
abutting Municipalities for planning documents. Includes recommended change by VPAC and MPAC in
red text.
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APPENDIX A – Draft MPS Amendments
Policy Amendments to Section 9 of the Municipal Planning Strategy. The following will be added beginning at 9.1
as follows:
Policy A-1
All public participation process relating to the creation, review
or amendments of planning documents shall follow the
Municipality’s public participation program as outlined in this
Municipal Planning Strategy and shall meet or exceed the
requirements of the Municipal Government Act.
Policy A-2
The public participation program shall focus on the following
principles:
a) Providing clear information
b) Using a variety of formats
c) Giving timely notice
d) Gathering meaningful feedback
Policy A-3: Public Participation Program
As required by the Municipal Government Act, a Public
Participation Program (A-3) shall be completed before first
notice of a Public Hearing is advertised. The minimum required
Public Participation Program shall be as follows:
a) Council provides direction to staff to:
i) Prepare a draft Development Agreement; Or
ii) Prepare amendments to a Municipal Planning
Strategy, Secondary Planning Strategy, Land Use
By-law or Subdivision By-law; Or
iii) Conduct a review of, or prepare a new Municipal
Planning Strategy, Secondary Planning Strategy,
Land Use By-law or Subdivision By-law.
b) Public Information Meeting advertised in local newspaper,
on the Municipal Website, via Municipal Alerts, posted to
the Municipal Office doors and may be posted to
Municipal Social Media sites. This meeting is open to the
public and advertised at least 5 days prior to the date of
the meeting.
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c) Planning Advisory Committee Meeting held. This meeting
shall be advertised in a local newspaper, on the Municipal
Website, via Municipal Alerts, posted to the Municipal
Office doors and may be posted to Municipal Social
Media sites. This meeting is open to the public and
advertised at least 5 days prior to the date of the meeting.
Policy A-4: Public Hearing
a) Following the completion of the Public Participation
Program (Policy A-3), Council may give first reading and
set a date for a Public Hearing. First Reading shall occur
at a regular Council meeting that is open to the public.
b) Council shall hold a Public Hearing in compliance with
the Municipal Government Act, including notification
sent to neighbouring Municipalities and Villages to
advise of the date and time of the Public Hearing.
Policy A-5: Approval
a) Following the Public Hearing (A-4), Council may vote to
give second reading to approve the documents.
Policy A-6: Early Notice for Abutting Municipalities
In addition to the notice of a Public Hearing, early notification
for abutting Municipalities is required at the time Municipal
Council provides direction to staff prior to advertising a Public
Hearing. This early notice is required in the following
circumstances:
a) Council provides direction authorizing:
i) The creation or review of a Municipal Planning
Strategy or Secondary Planning Strategy; Or
ii) The creation or review of a Municipal Subdivision
By-law; Or
iii) The preparation of a Draft Development
Agreement for a site in a community (GSA) within
500m of a border with the abutting Municipality;
Or
iv) Preparation of Amendments to a Municipal
Planning Strategy, Secondary Planning Strategy or
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Land Use By-law, where the amendment impacts a
specific property in a community (GSA) within
500m of a border with the abutting Municipality.
b) Subject to A-6 a), an abutting Municipality means, for the
General Service Areas of:
i) Beech Hill, Blandford, Chester Islands, Forties,
Franey Corner, Gold River, Martins Point and
Martins River, the Municipality of the District of
Lunenburg.
ii) Aldersville, Forties, Franey Corner, Fraxville and Mill
Road, the Municipality of the County of Kings.
iii) New Russell, Mill Road and Sherwood, the West
Hants Regional Municipality.
iv) East River, Fox Point, Hubbards, Sherwood and
Simms Settlement, the Halifax Regional
Municipality.
c) In the cases outlined in A-6 a) above, notice will be sent by
regular mail or electronic means to the Clerk of the
relevant abutting Municipalities. This notice will provide a
general summary of the proposed work and provide an
opportunity for the abutting Municipality to submit
comments on the proposal.
d) Any comments received from an abutting Municipality
shall be considered at a Council meeting or at the relevant
Planning Advisory Committee meeting, but in all cases
shall be considered prior to Council giving First Reading.
e) The notification and opportunity to submit comments
prior to the date of first reading shall be deemed as
having solicited comments, regardless of whether a
written response is received. In no case shall the lack of
response from an abutting Municipality or Village require
a delay or postponement in giving first reading.
MUNICIPALITY OF THE
DISTRICT OF CHESTER
R E P O R T
REPORT TO: Dan McDougall, CAO
SUBMITTED BY: Garth Sturtevant, Senior Planner
DATE: 21 April 2022
SUBJECT: 2022-128 MOVED by Councillor Veinotte, SECONDED by Councillor
Assaff that Council accept the recommended minor change to policy A-6 as
proposed by the Municipal and Village Planning Advisory Committees. And
give First Reading to the draft amendments attached as Appendix A in the
Request for Decision prepared March 18, 2022 – Community Development
& Recreation – MPS Amendments in Response to Bill 58 Minimum Planning
Requirements; and further set a date for a Public Hearing for Thursday April
21, 2022 at 8:45am in Municipal Council Chambers. ALL IN FAVOUR.
MOTION CARRIED.
______________________________________________________________________________________________________________________
(A) DETAILS OF PROPOSED AMENDMENTS
Request from: Council directed staff to pursue amendments to the Municipal Planning Strategy to comply with
Provincial Bill 58.
2022-079 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford that Council direct staff to
host a Public Information Meeting and present the draft amendments, attached as Appendix A in the report (MPS
Amendments in Response to Bill 58 – Minimum Planning Requirements), to the Village Planning Advisory Committee
and the Municipal Planning Advisory Committee for comment and recommendation before returning to Council for
First Reading. ALL IN FAVOUR. MOTION CARRIED.
Request date: 24 February 2022 – staff report presented to Council to outline the proposed amendments and next
steps.
Nature of amendments:
The proposed amendments to the Municipal Planning Strategy include:
Add text at Section 9.1 to outline the existing Public Participation Program and new policies to describe the
manner and timing of early notice to abutting municipalities on planning files.
Purpose of amendments: The purpose of the amendments is to provide clarity on the Public Participation
Program that is undertaken before holding a Public Hearing related to the adoption or amendment of
planning documents. The amendments also introduce new policies on engaging with abutting
Municipalities earlier in the approval process, to allow meaningful input and opportunities for collaboration.
(B) MEETING DATES
24 February 2022: Council – staff presented the issue to Council and received direction to proceed with PIM
and MPAC/VPAC meetings.
08 March 2022: Public Information Meeting held.
16 March 2022: Joint MPAC/VPAC meeting held.
31 March 2022: Council 1st Reading and set date for Public Hearing
21_April 2022: Public Hearing Held
(C) DOCUMENTATION
Reports:
24 February 2022 – Staff Report – Bill 58 Policy Changes to MPS
31 March 2022 – Staff Report (Updated with MPAC/VPAC recommendation) presented to Municipal Council
for 1st Reading
Advertisements (Progress Bulletin):
02 March 2022: Notice of Public Information Meeting
09 March 2022: Notice of Joint Municipal and Village Planning Advisory Committee Meeting
06 April 2022: Notice of Public Hearing (1st Notice)
13 April 2022: Notice of Public Hearing (2nd Notice)
Other notifications:
06 April 2022: Notice of Public Hearing mailed to:
o Village of Chester
o Municipality of the District of Lunenburg
o Municipality of West Hants
o Municipality of Kings
o Halifax Regional Municipality
Notices of meetings posted on Municipal office doors
Notice of Public Information Meeting & Public Hearing posted on Municipal Website
Fees paid: N/A staff initiated, no applicant.
(D) WRITTEN SUBMISSIONS RECEIVED
None to date