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HomeMy Public PortalAbout2023-06-08_Council_Website Agenda Package.pdf Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, June 8, 2023 Livestreamed via YouTube at www.youtube.com/modcvideo 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 – 8:45 a.m. to 9:00 a.m.) 4. MINUTES OF PREVIOUS MEETING 4.1 Council – May 18, 2023. 5. PROCLAMATIONS 6. COMMITTEE REPORTS 6.1 Committee of the Whole Recommendations - June 1, 2023 - Warden Webber. 6.2 April 2023 Lunenburg County Seniors’ Safety Program - Councillor Connors. 7. PUBLIC PRESENTATIONS 8. BY-LAWS AND POLICIES 9. MATTERS ARISING 9.1 Planning Matters Report prepared April 4, 2023 – Community Development & Recreation – Land Use By-Law Amendment – Request to rezone Sawler Lake to Lakeside Zone. 9.2 Draft letter to Minister Halman regarding Coastal Protection Act. (Information to follow) 10. CORRESPONDENCE Page 2 of 2 10.1 Correspondence dated May 15, 2023 from Municipal Affairs and Housing to Brenda Chisholm-Beaton, President of the NS Federation of Municipalities - 12 month notice letter. 11. NEW BUSINESS 11.1 Request for Decision prepared April 19, 2023 – Infrastructure and Operations - Landfill ‘Mobile Workshop’ & Sand-Spreader. 11.2 Request for Decision prepared November 2, 2023 (Updated May 24, 2023) - Community Development & Recreation - Municipal Land Use By-Law and Village Land Use By-Law Amendments. 11.3 Summer Council Meeting Schedule for July and August. 11.4 District Council Grant Requests: a. District 2 - Hubbards & Area Business Association - $1,000. b. District 3 - Chester Playhouse Society - $2,000 (deferred from May 18, 2023 Council Meeting). 11.5 Request for Decision prepared May 23, 2023 - Corporate & Strategic Management - Fire Advisory Committee Membership Approval. 11.6 Request for Direction prepared May 31, 2023 - Community Development and Recreation - Front Harbour Property (Owner Unknown). 11.7 Request for Direction prepared May 31, 2023 - Community Development and Recreation - Building Official Vacancy. 11.8 Request for Decision prepared May 30, 2023 - Infrastructure & Operations - Award Active Transportation Sidewalk Construction (Phase 1). 11.9 Request for Decision - New Fire Hall (Chester Fire Department). Information to follow. 12. IN CAMERA 12.1 Section 22(2)(c) of the Municipal Government Act - Personnel (Salary and Benefits Report). 12.2 Section 22(2)(g) of the Municipal Government Act - Legal Advice (Fox Point Beach). 13. ADJOURNMENT APPOINTMENT 11:00 a.m. Gerald Walsh Associates (In Camera at 11:00 a.m. - refer to item 12.1) 213 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING Livestreamed via YouTube www.youtube.com/modcvideo from 151 King Street, Chester, Nova Scotia On Thursday, May 18, 2023 MEETING CALLED TO ORDER Warden Webber called the meeting to order at 8:50 a.m. Present: District 1 – Councillor A. Veinotte District 2 – Deputy Warden F. Shatford District 3 – Councillor D. Wells District 4 – Warden A. Webber District 5 – Councillor A. Assaff District 6 – Councillor T. Connors Staff: Tara Maguire, CAO Erin Lowe, Deputy CAO Pamela Myra, Municipal Clerk Jennifer Webber, Communications & Outreach Coordinator (Via Zoom) Emily Lennox, Executive Assistant Chad Haughn, Director of Community Development & Recreation Tim Topping, Director of Financial & Information Services Brendan Mosher, Fire Inspector/By-Law Enforcement Officer Heather Archibald, Development Officer Solicitor: Samuel Lamey, Municipal Solicitor Public: There were four members of the public in the gallery. Regrets: District 7 – Councillor S. Church Council welcomed Erin Lowe to her first meeting as the Deputy CAO. APPROVAL OF AGENDA/ORDER OF BUSINESS Council (continued) May 18, 2023 214 2023-254 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff the agenda and order of business for the May 18, 2023, Council meeting be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT There was no public input. MINUTES OF PREVIOUS MEETINGS 4.1 Council – May 11, 2023. 2023-255 MOVED by Deputy Warden Shatford, SECONDED by Councillor Wells that the minutes of the May 11, 2023 Council Meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. PROCLAMATIONS There were no proclamations for consideration. COMMITTEE REPORTS 6.1 Building Code & Unsightly Premises Committee: a. Request for Decision prepared May 11, 2023 - Community Development & Recreation - Unsightly Property Order to Remedy. Brendan Mosher, By-Law Enforcement Officer was present at the meeting to review the Request for Decision regarding 11 Valley Road, Chester - Unsightly Property Order to Remedy. 2023-256 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council approve staff to work with legal counsel on the issuance of a Summary Offence Ticket to the property owners of 11 Valley Road, Chester (PID # 60091188) based on Section 344 and Section 348(b) of the Municipal Government Act for failing to abide by the Order previously served along with a Long Form Information so that the Municipality can also seek to have the property cleaned up pursuant to Section 505(4). ALL IN FAVOUR. MOTION CARRIED. Council (continued) May 18, 2023 215 b. Request for Decision prepared May 11, 2023 - Community Development & Recreation - Unsightly Property Order to Demolish and/or Rectify. Brendan Mosher, By-Law Enforcement Officer was present at the meeting to review the Request for Decision regarding 11 Valley Road, Chester - Unsightly Property Order to Demolish and/or Rectify. 2023-257 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council approve staff to work with legal counsel on an Order to Comply with the order, the Municipality of Chester will complete the assigned order through the Heavy Equipment Contract and any expenses accumulated will be assigned to the property owner’s taxes. The Order will also include a Municipal Building Inspector visit to the site to gather GPS data on the structure to confirm that the structure is not over the property line. ALL IN FAVOUR. MOTION CARRIED. PUBLIC PRESENTATIONS 7.1 Chester Playhouse - Chair Sara Filbee, Vice Chair Susan Crocker, and Executive Director Andrew Chandler. Present from the Chester Playhouse were Chair Sara Filbee, Vice Chair Susan Crocker, and Executive Director Andrew Chandler. The representatives provided an update to Council on the upcoming re-opening on August 26th as well as how the project is staying on track with construction. Mr. Chandler noted that they are not just opening a building, but opening the new Chester Playhouse and will continue to serve the communities of the Municipality with this opening event. A line-up of the August 26th activities was provided, and they hope residents from across the municipality and beyond will be present to take part. They outlined the concept of a municipally driven program for banners to be used to create excitement featuring events in the municipality, such as the Playhouse, Chester Art Centre, Race Week, etc. to tie the communities together. This would create visual energy for tourists and residents alike. This is something that needs to be coordinated on a Municipal level. Organizations that participate would pay the cost of their own banner. Council agreed it would be a good initiative and would have staff review it for the entirety of the Municipality. Council (continued) May 18, 2023 216 Councillor Wells asked about the capacity of the theatre, and it was noted that the capacity would be 176 as it was previously. They are holding off on tours until the drywalling is completed. Councillor Wells also noted that the Playhouse is a Municipal facility and encouraged Councillors to contribute as well from their Council district grants. It was noted that the banner program may work with the Beautification grant from the province which has a deadline in two weeks. It could be a pilot project in the village with expansion to other districts at a later date. BY-LAWS AND POLICIES There were no by-laws or policies for consideration. MATTERS ARISING 9.1 Request for Direction prepared May 5, 2023 - Community Development and Recreation - Grants Review. Chad Haughn, Director of Community Development and Recreation reviewed the over the Request for Direction prepared May 5, 2023 - Grants Review. At the April 6 meeting there was a discussion that shows there is a gap that needs to be addressed. The changes, if any, would be effective in the next fiscal year. The new Small Capital Program is intended to fund up to a max of $10,000 with a budget of $25,000. Some may be larger applications but don’t meet criteria for large capital. A lengthy discussion took place regarding organizations with facilities, value of community facilities and infrastructure, percentages of projects, guiding principles, addressing gaps, criteria, budget, community infrastructure that has a purpose that aligns with the Municipality’s mandate, applying for other grants through the provincial and/or federal governments, some organizations having more of an opportunity for revenue generation, deadlines, etc. It was agreed to move $50,000 from Major Capital Grants funding to Small Capital Grants and consider 1/3 of the project up to $25,000. The Director of Community Development & Recreation will make changes to the criteria. Council (continued) May 18, 2023 217 Also discussed were private members clubs and whether they should be eligible or not. The restrictions have been loosened to allow funding for events open to the general public. Various types of private members clubs were discussed and whether they have exclusionary criteria. Also discussed was the role staff could play with navigating with organizations to determine what grant opportunities they may be eligible for. It was agreed to hold a workshop to discuss the options for private members’ clubs. A break was held from 9:58 a.m. to 10:10 a.m. 9.2 Request for Decision prepared May 11, 2023 - Infrastructure & Operations - Chester Basin Wastewater Treatment Plant Site Location RFP MODC-T-2023-02 - Chester Basin WWTP: Site Selection, Technology, and Probable Costs. Councillor Veinotte declared a Conflict of Interest and left the meeting table. Jonathan Meakin, Strategic Initiatives Coordinator reviewed the Request for Decision prepared May 11, 2023 - Chester Basin Wastewater Treatment Plant Site Location RFP MODC-T-2023-02 - Chester Basin WWTP: Site Selection, Technology, and Probable Costs. The criteria and scoring was clarified. 2023-258 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council approve the award of the work outlined in the RFP MODC-T-20203-02 Chester Basin WWTP: Site Selection, Technology, and Probable Costs to CBCL as the successful bidder. ALL FIVE IN FAVOUR. MOTION CARRIED. Councillor Veinotte returned to the meeting table. CORRESPONDENCE 10.2 Correspondence from Gail Smith Tim Topping, Director of Financial & Information Services reviewed the history of the matter, noting that PVSC incorrectly assessed the property in 2021 and the owner did not appeal within the time frame for that year. An appeal was successful in 2022. Since that time the owner has not paid the taxes on the incorrect assessment of $820,000. Council (continued) May 18, 2023 218 It was noted that the Municipality does not have the authority to provide a reduction in this case. The Director noted that with subdivision sales and timing assessments are sometimes incorrect. Staff reached out to PVSC to clarify the error and they indicated that they did incorrectly assess the property and, had it been appealed by the deadline PVSC would have revised the assessment from $820,000 to $410,000. The Municipality does not have the authority to go back and make the adjustment. Unfortunately, we don’t have authority to go back and do that. this kind of thing happens all the time and there are processes and unfortunately sometimes don’t have any recourse. It was agreed to review this matter In Camera to receive legal opinion. Gail Smith, property owner, thanked Council for entertaining her request. 10.1 Correspondence from NS Department of Public Works (Highway Engineering & Construction - Capital Program) regarding three-year cost share agreement for subdivision streets. 2023-259 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council confirm taking part in the NS Public Works Cost Sharing Agreement No. 2023-006 - Cost Sharing Agreement on the Paving of Subdivision (J-Class Streets for a three year term). DISCUSSION: Councillor Wells asked if the agreement was the same as previous agreement and the CAO thought that it was the same as the agreement signed previously. Councillor Wells indicated that he would agree if the agreement was the same as previous. FIVE IN FAVOUR. ONE OPPOSED. MOTION APPROVED. NEW BUSINESS 11.1 Request for Decision prepared May 3, 2023 - Community Development & Recreation - New Private Road Name Request - Northern Hill Road (off Highway 329, Blandford). Chad Haughn reviewed the Request for Decision prepared May 3, 2023 for a new Private Road Name Request - Northern Hill Road (off Highway 329, Blandford). Council (continued) May 18, 2023 219 Councillor Veinotte noted there is some contention as the family of the person who built the road wants it named after him, but the majority of owners prefer another name. He also noted that there are often issues when using the names of people in road names. 2023-260 MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that Council approve the proposed road name of Northern Hill Road accessed off of Highway 329 in Bayswater. DISCUSSION  Councillor Connors noted that the Fire Department had a preference to Walters Way and asked if that was a preference related to emergency services. The Director indicated that choice was not an emergency services reason.  Councillor Veinotte noted the Fire Chief had no issue with either name, but it was because the family reached out that he chose Walters Way. He felt that it should be made clear that when we are asking for emergency services input, it is only input related to emergency services. ALL IN FAVOUR. MOTION CARRIED. 11.2 Request for Decision prepared May 8, 2023 - Community Development & Recreation - Operating Grants Review. Chad Haughn, Director of Community Development & Recreation outlined the changes approved by Council last year - combining Council and Tourism Grants. The combined budget is $33,000 and there have been applications received in the amount of $39,300. A lengthy discussion was held regarding allotting grants to the organizations that did apply. 2023-261 MOVED by Deputy Warden Shatford, SECONDED by Councillor Wells that Council approve the following Operating Grants for the 2023/24 fiscal year: OPERATING GRANTS TYPE REQUEST APPROVED A - ESSENTIAL SERVICES None Received B - REGIONAL SERVICES Christmas Daddies $100 100 Pride Lunenburg Society $1,000 500 Society of Saint Vincent De Paul $2,000 2,000 United Way of Lunenburg County $1,200 1,200 C - LOCAL NON-PROFIT Council (continued) May 18, 2023 220 Bonny Lea Farm $3,000 3,000 Chester Brass Band $2,000 2,000 Chester Off Road Racing $3,000 2,000 Chester Merchants $3,000 2,200 Chester Playhouse $3,000 3,000 Chester Yacht Club $3,000 3,000 Martins Point Pop-Up Market Society $3,000 2,500 New Ross Farms Association $3,000 2,500 New Ross Regional Development Society $3,000 2,500 New Ross Trails Society $3,000 2,500 D - COMMUNITY HALLS Ocean Swells Community Association $3,000 3,000 Royal Canadian Legion Branch 79 New Ross $3,000 1,000 E - PROVINCIAL/NATIONAL None Received $33,000 ALL IN FAVOUR. MOTION CARRIED. The Director noted to Councillors that his department has an oversized cheque to use if Councillors wish to make presentations of the grants. 11.3 District Council Grants: a. District 3 - $2,000 - Chester Playhouse Society. Councillor Wells asked that this request be deferred until Councillor Church is in attendance and asked that other Councillors consider a grant from their District Grants as the Chester Playhouse Society affects all areas of the Municipality. b. District 5 - $2,500 - Royal Canadian Legion. 2023-262 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council approve a District 5 Council Grant to the Royal Canadian Legion Branch 144 Western Shore in the amount of $1,850.00. ALL IN FAVOUR. MOTION CARRIED. A break was held from 11:14 a.m. to 11:22 a.m. Council (continued) May 18, 2023 221 IN CAMERA 12.1 Section 22(2)(e) of the Municipal Government Act - Contract Negotiations (Town of Mahone Bay). 2023-263 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that the meeting convene In Camera as per Section 22(2)(e) Contract Negotiations - Town of Mahone Bay. ALL IN FAVOUR. MOTION CARRIED. Following a brief “In Camera” session, the meeting reconvened with all members present. 2023-264 MOVED by Councillor Assaff, SECONDED by Councillor Veinotte that Council approve the execution of an Intermunicipal Services Agreement to provide services to the Town of Mahone Bay as outlined in the document provided today. ALL IN FAVOUR. MOTION CARRIED. 2023-265 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that the meeting adjourn. ALL IN FAVOUR. MOTION CARRIED. (11:45 a.m.) _________________________ _________________________ Allen Webber Pamela Myra Warden Municipal Clerk This meeting may be viewed at www.youtube.com/modcvideo MOTIONS FOR APPROVAL OF COUNCIL FROM JUNE 1, 2023 COMMITTEE OF THE WHOLE 2023-269 APPROVAL OF AGENDA AND ORDER OF BUSINESS 2023-270 APPROVAL OF APRIL 20, 2023 MINUTES 2023-271 MUNICIPAL BUILDING FEASIBILITY ANALYSIS BUDGET APPROVAL MOVED by Councillor Church, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to approve a budget of $30,000 to continue the preparation of a Feasibility Analysis which will include a Class C cost estimate for a municipal building upgrade at our current location as well as an off-site public works building. FIVE IN FAVOUR. 2 OPPOSED. MOTION CARRIED. 2023-272 AMENDMENT TO SCALE OF THE TRAIL PLAN ON THE HAUGHN PROPERTY MOVED by Councillor Church, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to ‘right-size’ the build scale of the mainline trail on the Haughn Property to better fit with the peaceful aesthetic of the property created on the new trails recently constructed, manage increasing costs, and that we do not permit motorized traffic on the trail to respect the concerns raised by neighbours. ALL IN FAVOUR. MOTION CARRIED. 2023-273 LOCATION OF VAULT TOILETS ON MUNICIPAL PROPERTIES MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to accept the recommendation to not pursue enviro-toilets and to utilize vault toilets instead a the three locations (Gold River near the new parking lot and trail head on Beech Hill Road, East River Trail Parking Lot centrally located within the lot serving Castle Rock hikers, and Moland Point located in the parking lot which has not yet been constructed) and to include enhancements such as solar power for lighting and a fan system to remove odours from the toilet. ALL IN FAVOUR. MOTION CARRIED. 2023-274 APPOINTMENT TO JOINT REGIONAL TRANSPORTATION AGENCY MOVED by Councillor Wells, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to appoint the CAO as the Municipality’s representative on the Joint Regional Transportation Agency and appoint the Deputy CAO as the alternate. ALL IN FAVOUR. MOTION CARRIED. 2023-275 PUBLIC WORKS TO MOW LAWN OF ZOE VALLE LIBRARY MOVED by Councillor Wells, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to direct the Public Works Department to mow the lawn of the Zoe Valle Library while the caretaker is unable to do so. FIVE IN FAVOUR. TWO OPPOSED. MOTION CARRIED. 2023-276 CREATION OF BY-LAW ENFORCEMENT/WASTE INSPECTOR POSITION MOVED by Councillor Church, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to direct staff to realign the positions as outlined in the Request for Decision prepared April 5, 2023 - By-Law Enforcement Officer/Waste Inspector Position to create a By-Law Enforcement Officer/Waste Inspector Position. FOUR IN FAVOUR. THREE OPPOSED. MOTION CARRIED. 2023-277 ADJOURNMENT Lunenburg County Seniors’ Safety Program Monthly Report –April 2023 prepared: May 4, 2023 The LCSSP is a free confidential community-based non-profit service that works collaboratively with BPS, RCMP, and many community partners to help address the safety concerns of older adults (55 years of age+), residing in Lunenburg County. Service is provided through awareness campaigns, advocacy, community outreach projects, educational programs, community presentations and one to one service. Presentations for April: April 12th at Chester Basin Legion (with CST Upshaw) – 26 participants, April 18th a MODL Council via TEAMS presentation/introduction with LCSSP Board Chair David Murdoch, FMH Auxiliary April 27th - 25 seniors. LCSSP updates/trends: • Progressing with the Home Management Navigator Grant project. The labels have arrived, books are being built and a plan for informing First responders of this valuable tool is underway. • Work has begun with the grant from NS Health and Wellness for staffing assistance in research and development of Seniors’ Mental Wellness toolkit including local resources to connect with. The toolkit will include a brochure, presentation/workshop (digital and hard copy) and a quick reference card for local contact numbers. • Dates set for Seniors’ Safety Academy Oct 12 -Nov 16/2023 at the OHC in Chester. More details will follow. • Noticing a trend of older adults moving to this area without family support and finding it hard to make local connections. • Michael Graves from the United Way attend our virtual LCSSP Board Meeting on April 26th – Thank you United Way for your continued support and for sharing all that you do for the community!! • Attended Community Conversations hosted by Community Links April 19th. Upcoming Events: LCSSP overview to TOB staff May 2 and BPS Commissioners May 4, REMO Emergency Preparedness May 13th, and there’s been an ask for a presentation at the NSCC on May 31st. Referrals: New Referrals: 12 Re Referrals: 2 Home/site Visits: 17 Active clients: 63 Closed files: 15 New Referrals Service Area in Municipal Units % Active Clients Service Area % MODC 16.5% 12 % MODL 66.5% 41 % Mahone Bay 8% 10 % Lunenburg 1% 5 % Bridgewater 8% 32 % Referral Source: Community Partner 33% Self/Family 41.5 % RCMP 16.5% BSP 8% Areas of concern: Safe housing, Transportation, Community resources/connections, Seniors’ Mental Health and Adult Protection. LCSSP Client Emergency Contingency Fund (CECF): The CECF continues to serve the community in partnership with other organizations to help mitigate risk for seniors experiencing financial hardship. The April, 2023 float count balance is: $1,639.70. $18.50 for client I.D. replacement, $225 for client glasses. ‘Thank you to all Lunenburg County Seniors’ Safety Program supporters. We couldn’t do what we do without you.’ PLANNING MATTERS REPORT REPORT TO: Municipal Council MEETING DATE: June 8, 2023 DEPARTMENT: Community Development & Recreation SUBJECT: Land Use By-law Amendment – Request to rezone Sawler Lake to Lakeside Zone Date: April 4, 2023 (Updated May 29, 2023) Prepared by: Garth Sturtevant, Senior Planner Date: Reviewed by: Date: April 26, 2023 Authorized by: Tara Maguire, CAO APPLICATION OVERVIEW Applicant: Jeffery & Andrew Burchell Zone: Mixed Use & Settlement Residential Two Proposal: Rezone properties (8 in total) on Sawler Lake to Lakeside Zone Rezoning Required: X Yes _ _ No __ N/A Location: Hubbards Neighbour Notification: Direct notice to neighbouring properties will be sent to advise of the Public Hearing, a sign will also be posted on the site with the same information. RECOMMENDED MOTION Staff recommend Option 2: 1. That Municipal Council reject the request to rezone properties on Sawler Lake, maintain the existing Mixed Use Zone and Lakefront Overlay. AND further set a date for a Public Hearing on July 6th, 2023 beginning at 8:45 am in Municipal Council Chambers; CURRENT SITUATION Jeffery and Andrew Burchell, owners of PID 60593043, have submitted a request to rezone a portion of properties on Sawler Lake from the Mixed Use (MU) Zone to the Lakeside (LS) Zone. The intent being to create a buffer or “band” of Lakeside Zone from the edge of Sawler Lake to an undetermined point where the Mixed-Use Zone would remain in place. The request involves portions of ten parcels that have frontage or are located adjacent to Sawler Lake. The remaining parcels which abut Sawler Figure 1 - showing properties requested to be rezoned to Lakeside Zone (in purple). P l a n n i n g M a t t e r s R e p o r t P a g e | 2 Lake are located in HRM and will be unaffected by this rezoning request. The request does not contain a specified distance from the lake that the Lakeside Zone should be applied, however, this report contains analysis of site-specific conditions in later sections. BACKGROUND Following a Public Hearing held on November 10, 2022, Council authorized the rezoning of PID 60422888 from Settlement Residential Two (SR-2) Zone to Mixed Use (MU) Zone. The purpose of that rezoning was to facilitate a commercial development on the property adjacent to Highway 103. This parcel is one of the listed parcels now proposed for partial rezoning to Lakeside (LS) Zone. The letter of request (Appendix A) states the reason the applicants are seeking the rezoning is to protect the lake from new highway development and “development near Exit 6, landscaped areas at Exit 6 that will be fertilized…”. The letter also mentions runoff from parking areas and the concern with excessive nutrients creating or worsening algal blooms in the lake. DISCUSSION Second Request for Lakeside Zone The current request to implement the Lakeside (LS) Zone on properties near Sawler Lake follows the successful application of the Lakeside Zone to properties on Sherbrooke Lake in 2022. Sherbrooke Lake is also split by a Municipal Boundary line with the District of Lunenburg and only the properties within the District of Chester were rezoned to Lakeside Zone. The Lakeside Zone is designed and intended to protect water quality and support a low-density residential living environment. However, there are complicating factors, including the proximity of Highway 103, current twinning activity and the construction of a new cottage road to access properties in HRM on Sawler Lake that will access Mill Lake Road and be built at the edge of Sawler Lake. The following excerpt from the Municipal Planning Strategy outlines the intent and policy goals of the Lakeside Zone: The lakeside (LS) zone is intended to provide opportunities for low-density development, fresh water related recreation, leisure activities, and habitation to reduce the need to clear large areas of the lakeshore for development and to reduce the number of septic systems. This is intended for existing developed areas surrounding lakes as well as areas for future development. POLICY GOALS:  The primary purpose of the Lakeside (LS) zone is to protect water quality  To safeguard essential character of lakefront residential areas  To prohibit commercial and industrial uses  To provide for and protect lakefront residential communities comprised of detached, single- family homes and residential use type compatible with quiet, family-living environment.  To enable low density residential development on lands surrounding lakes while protecting the sensitive riparian environment. P l a n n i n g M a t t e r s R e p o r t P a g e | 3  To provide flexibility to recognize the pre-existing development patterns and the hardship of strict limitations on property owners.  To protect lake water quality in the Lakeside (LS) zone shall take priority in the event of a conflict between residential and recreational uses with lake water quality. Existing and Surrounding Land Uses All of the properties proposed for rezoning are currently undeveloped. The Applicant’s property (PID 60593043) is split, with approximately half the lot in HRM and half in Chester. It should be noted that the Applicant and owners with the same family name own a number of developed lots in residential use that are located just north of the Municipal Boundary with HRM. These developed lots would not be subject to the Lakeside Zone as they are outside of the Municipality. As noted, one of the larger parcels proposed for rezoning (PID 60422888) has recently been rezoned by Council in support of a planned commercial development (Figure 2). This lot is currently being cleared and site work appears to be underway in support of the planned development. The application of the Lakeside Zone has the potential to unequally impact this lot and proposed development when compared with the remaining parcels proposed for rezoning. Municipal staff are not aware of planned development in the area, with the exception of the proposed commercial development on PID 60422888. Properties not directly impacted, but in the vicinity of the proposed rezoning area include low density residential development along Mill Lake Road, continuing in a rural subdivision pattern north toward Mill Lake. Other surrounding properties are vacant and undeveloped, either being held or used for resource activity. Directly south of Sawler Lake the Provincial Highway 103, which is currently being twinned, is located approximately 30 m from the lake (Figure 3). The twinning work includes the creation of a new traffic lane on the opposite side of the existing highway as Sawler Lake. Additionally, a small private road, Sawler Lake Road, is being rerouted and will now run parallel to Highway 103 between Sawler Lake and Figure 3 – Showing new Sawler Lake Road within 20m of Sawler Lake and edge of existing Highway 103 being approximately 30m from Sawler Lake Figure 2 - Showing Hwy 103 Construction (left) and Site Work and Clearing on PID 60422888 Site Rezoned for Commercial Development (right) P l a n n i n g M a t t e r s R e p o r t P a g e | 4 Highway 103. This new access road is being constructed by the Province to provide access to existing cottages located in HRM on Sawler Lake, who will now access the lots via Mill Lake Road. The edge of the new Sawler Lake Road is estimated to be within 20 m of Sawler Lake. The highway twinning work is required to comply with environmental standards and Provincial regulations regarding working near a waterbody or watercourse, however, the exact impacts of the highway twinning on Sawler Lake are unknown (Figure 4). When construction is complete, it can be reasonably anticipated that runoff to the lake will worsen due to the increase in hard surfaces, proximity, and reduced buffer area as a result of this road work (previously existing trees and vegetation have been cleared and infill of the lake appears to have been done in support of the road work) and ongoing maintenance including seasonal treatment (salting and sanding). Lakefront Overlay (existing protection) Sawler Lake, as with all lakes in the Municipality identified on Schedule “B” of the Municipal Land Use By-law, has existing environmental protections provided by the Lakefront Overlay. This includes a 20m setback for main buildings from the Ordinary High Water Mark and limitations on hard surfaces (buildings, pavement etc) within the 20m area adjacent to the lake. It should be noted that the Provincial Highway construction work is not required to comply with Municipal permitting regulations. The Lakefront Overlay was established during the previous Plan Review process and deemed appropriate for widespread application as shown on Schedule “B” of the Land Use By-law. In contrast, the Lakeside Zone was created following adoption of the new Municipal Planning Strategy and Land Use By-law, as a result of several requests that stated the Lakefront Overlay was insufficient in protecting water quality and a low-density residential living environment. When debating the creation and application of the Lakeside Zone, Council, with the understanding that the Lakefront Overlay remains in effect on all lakes, felt that application of the Lakeside Zone should not be done in as wide-spread a manner, but considered on a lake-by-lake basis with the appropriate depth of the zone not dictated by policy, but rather determined based on site-specific conditions each time the Lakeside Zone is being considered for application. Determining an Appropriate Depth for the Lakeside Zone (Sawler Lake) As provided for in the Municipal Planning Strategy and Land Use By-law, the Lakeside Zone is intended to be applied at a depth appropriate for the lake and local area to which it is being applied. MPS policies include consideration of criteria such as lot size, proximity to public roads, existing community character and other local contextual features. Figure 4 - Evidence of sedimentation during road construction. Berm in place but not maintained. P l a n n i n g M a t t e r s R e p o r t P a g e | 5 Each time the Lakeside Zone is considered for application, relevant policies are reviewed, and analysis of the lake and surrounding area is conducted to inform the recommended depth of the zone for that lake. In the case of Sawler Lake there are multiple complicating factors that deserve consideration. Location and Authority As noted in this report, Sawler Lake is divided between the Municipality of Chester and Halifax Regional Municipality. While this does not exempt the lake from consideration, of the total lake area 673,319.97 sq. meters, only 63,639.35 sq. meters or 9.54% of the lake is within the Municipality of Chester. This means that of the total properties bordering Sawler Lake, only 10 PIDs would be impacted by this change. Review of existing development patterns and a site visit confirm that all existing structures are located within HRM and therefore would not be subject to the Lakeside Zone if applied. Proximity to Highway 103, Twinning Expansion and Sawler Lake Road When considering whether the Lakeside Zone is appropriate for application to Sawler Lake, the impacts of the ongoing Highway 103 twinning work are important factors. During a site visit, staff measured a distance of 30 m between the edge of the current Highway and Sawler Lake. The rerouted Sawler Lake Road will be located between the existing Highway 103 and Sawler Lake, with the edge of Sawler Lake Road estimated to be between 15 – 20 m from the water’s edge (figure 3). This area will be unimpacted by the application of the Lakeside Zone and has potential to be an ongoing source of sedimentation and runoff (fuel, oil, salt etc.) for the foreseeable future. While this source of potential contamination does not preclude Sawler Lake from being rezoned to the Lakeside Zone, the efficacy of implementing the zone is likely to be diminished as this work is outside Municipal authority or control. Figure 5 - Portion of Sawler Lake within Municipality of Chester P l a n n i n g M a t t e r s R e p o r t P a g e | 6 Topography The lands surrounding the Southwestern portion of Sawler Lake (those within the Municipality of Chester) are generally sloped toward the lake. The main ridgeline appears to run approximately 100 m from the Ordinary High Water Mark. Figure 5 shows the edge of Sawler Lake (left) and the sloping topography to the right side of the photo. The photo location is at the North edge of PID 60422888 where it meets Sawler Lake and also shows partial clearing to the lakeshore. If there is a desire to proceed with rezoning of the subject lands to the Lakeside Zone, a decision is need on the appropriate depth for the zone. Based on the identified issues and challenges discussed, staff offer the following for consideration. 1) Apply the Lakeside Zone at a depth of 20 m from the Ordinary High Water Mark. This approach would mirror the distance of the existing Lakefront Overlay protections. Application of the Lakeside Zone would require the maintenance of a vegetated buffer and prevent commercial uses from accessing Sawler Lake. The Lakeside Zone at 20 m would not cause new development to be set back further from the Lake, as the Lakefront Overlay already includes a 20 m setback. 2) Apply the Lakeside Zone at a depth of 30 m from the Ordinary High Water Mark. This approach would apply the Lakeside Zone slightly beyond the Lakefront Overlay protections. 30 m may be appropriate as that is the approximate distance from Highway 103 to the lake. Applying the Lakeside Zone at a depth beyond 30 m would include both the new Sawler Lake Road and Highway 103. Figure 6 - North Point of PID 60422888 at edge of Sawler Lake, partial clearing shown on right P l a n n i n g M a t t e r s R e p o r t P a g e | 7 3) Apply the Lakeside Zone at a depth of 100 m from the Ordinary High Water Mark. This approach would be based primarily on the location of the slope which runs toward the lake (Figure 7). While not aligned exactly to a contour line, this approach would ensure that most development on the slope leading to the lake is limited to low density residential development. The 10 m vegetated buffer would be the same as the options above, but with greater depth of the Lakeside Zone, there would be an increased setback for commercial or industrial uses to be at minimum 100 m from the lake as they are not permitted in the Lakeside Zone. While not prohibited by policy, questions may arise as to the effectiveness of the Lakeside Zone if the zoned area includes a major 100 series highway. While a depth beyond 30 m would apply to all privately owned land, consideration should be given to whether this approach is prudent and equitable. 4) Apply the Lakeside Zone at a depth beyond 100 m (please specify) from the Ordinary High Water Mark. This option is not recommended as there is little basis or argument to extend the zone beyond the land significantly sloping toward Sawler Lake. While a detailed watershed study could be undertaken to determine an exact boundary where land drains to Sawler Lake, this level of detail is not warranted given the complicating factors, including Highway 103, discussed previously. This Figure 7 - Contour lines and Coloured Bands in 100m intervals P l a n n i n g M a t t e r s R e p o r t P a g e | 8 option would also have the most impact on the proposed commercial development on PID 60422888. 5) Maintain existing protections (Lakefront Overlay). Following review of the information and considerations presented in this report, this approach would conclude that Sawler Lake is not an ideal candidate for the Lakeside Zone. This is due to a variety of factors including the proximity of Highway 103, small proportion of the lake located within MOC, lack of increased zoning or protection for all developed properties located in HRM, no evidence of support from other landowners in the affected area and the potential impacts and limitations to the proposed commercial development for which Council recently approved a rezoning of PID 60422888 (Figure 8). P l a n n i n g M a t t e r s R e p o r t P a g e | 9 Policy Review Policy A-32 When considering amendments to a land use by-law or a subdivision by-law, Council shall consider the following: a) that the amendment meets the intent of the Municipal Planning Strategy and the intent of any relevant Secondary Planning Strategies; While the proposal generally is in keeping with policy statements, there are a number of policy statements where staff have concerns on the effectiveness, compatibility and appropriateness of the Lakeside Zone for application to properties on Sawler Lake. b) that the amendment conforms to all relevant Municipal By-laws; The request to rezone a portion of lots on Sawler Lake has not been determined to be in violation of any Municipal By-laws. c) that the applicable public consultation program has been followed and residents’ opinions have been carefully considered; This file is following the approved Public Participation Program outlined in the Municipal Planning Strategy. This report will be updated as the file advances to include the results of the Public Information Meeting and Municipal Planning Advisory Meeting. d) that the amendment is in the best interest of the Municipality. Staff do not feel that the application of the Lakeside Zone to the 10 PIDs on Sawler Lake is in the best interest of the Municipality as discussed in this report. In addition to having little chance of improving water quality, there is no existing development pattern to maintain or protect. Further the site is subject to a recent rezoning done in support of a proposed commercial development. Application of the Lakeside Zone at any depth will likely impact those plans, and at a larger depth could have significant impacts on the proposed commercial site. The application is from an individual who has a developed property in HRM and a portion of a vacant lot split between HRM and Chester. To date no evidence has been provided showing support from other property owners in the area proposed to be rezoned. Staff believe that the existing Lakefront Overlay is the appropriate level of regulation for Sawler Lake given the circumstances outlined. Opportunities for well managed development around select lakes is desirable from a resident and economic development perspective. It is prudent of Council to identify where strict environmental protections and community character warrants further protection and other areas where careful development will provide opportunities for growth and public water access without severely limiting commercial potential. P l a n n i n g M a t t e r s R e p o r t P a g e | 10 Policy A-33 When evaluating a rezoning application, Council shall consider other potential developments and uses that may be permitted as a result of a proposed zone change. The Lakeside Zone permits a limited list of residential uses, including home based businesses. Commercial and Industrial uses are prohibited. The rezoning does not contemplate a specific development but would facilitate low density residential development around Sawler Lake. Policy A-34 Applications for a Land Use By-law amendment shall show: a) the location, area, and dimensions of the subject property; The request is seeking application of the Lakeside Zone to an unspecified depth, impacting properties within the Municipality of Chester near Sawler Lake. Staff calculate a total of ten potentially impacted properties. b) the proposed location, dimensions, height, and proposed use of all buildings; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. c) the means by which the site is to be serviced by sanitary and storm sewers, water, electrical service and other utilities; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. d) the location of any parking stalls, driveways, walkways, lighting, fencing, refuse containers, and snow storage; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. e) landscaping elements including existing and proposed shrubs and trees; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. f) architectural features where such features are regulated by the planning document; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. g) additional reports or environmental studies as requested by the Municipality. None called for at this time. Policy A-35 When considering amendments to the Land Use By- law, Council shall be satisfied that the proposal is appropriate with respect to: a) compatibility of the proposed land uses permitted within the proposed zone; The lots requested for rezoning are currently undeveloped. Council has recently rezoned PID 60422888 to be fully within the Mixed Use Zone, in support of a planned multi-year commercial development. It may be possible to apply the Lakeside Zone in a manner that does not significantly interfere with the planned commercial development, however, the effectiveness of the zone given the other criteria discussed in the report may come into question. There is no current development on the subject properties, therefore there is no existing development or settlement pattern, except for the existing lot configuration resulting from subdivision in the past. P l a n n i n g M a t t e r s R e p o r t P a g e | 11 b) compatibility of the development, and potential developments, with adjacent properties in terms of size, lot coverage and density; Not applicable. The Lakeside Zone would be applied evenly to all lots within the specified distance of Sawler Lake. c) potential compatibility issues with nearby land uses resulting from lighting, signage, outdoor display and storage, traffic, vehicle headlights, and noise; All properties within the area proposed to be rezoned may be subject to noise and lighting from Highway 103. Additionally, the proposed commercial development may increase traffic flow and activity on the site. The Lakeside Zone is intended to promote low density residential development, which could have the potential to create conflicts with the proposed commercial development. The current Mixed Use Zone also permits residential use, in addition to options for commercial and light industrial uses. The Lakeside Zone is specific in describing a quiet, low density residential environment, which the subject site may not be appropriate. d) the adequacy of sewer services, water services, waste management services and stormwater management practices; Not applicable. e) efficient use of existing and new municipal infrastructure; The site proposed for rezoning is currently undeveloped and does not have direct road access or access to a Municipal Wastewater System. f) proximity to and impact on heritage sites and archaeological sites; Not applicable. g) the proximity and capacity of schools; Not applicable. h) the adequacy and proximity of recreation and facilities; Not applicable. i) the adequacy of the road network in, adjacent to, or leading to the development; The area proposed to be rezoned does not currently have road access. Staff understand that a new Sawler Lake Road will be created adjacent to Highway 103, which will provide access to PID 60422888 and may provide indirect access to other lots within the proposed rezoning area. The new Sawler Lake Road is being constructed by NS Public Works as part of the Highway 103 Twinning work. j) the potential for erosion or for the contamination or sedimentation of watercourses; As noted in this report, Highway 103 and Sawler Lake Road construction appear to be impacting Sawler Lake currently. The Lakeside Zone does include requirements to maintain a vegetated buffer within 10 m of the Ordinary High Water Mark. The buffer is intended to reduce, absorb and slow overland flow from reaching Sawler Lake and depositing nutrients, sediment and other pollutants. Regardless of the extent chosen for the Lakeside Zone, there is no authority for the Municipality to address the concerns and proximity of Highway 103 and the new P l a n n i n g M a t t e r s R e p o r t P a g e | 12 Sawler Lake Road (while the land will be shown as zoned, Municipal authority does not require the Province to adhere to the provisions of the Land Use By-law). As a result, it is anticipated that sedimentation and runoff from Highway 103 and Sawler Lake Road will continue to impact the Lake into the future. The Mixed Use Zone does not have a requirement to maintain a vegetated buffer. Large residential, commercial and industrial developments, as outlined in the Municipal Land Use By-law must meet the Stormwater Standard through engineering and other means. k) environmental impacts such as air and water pollution and soil contamination; The stated reason for the requested rezoning is to protect Sawler Lake from the impacts of Highway and proposed commercial development. As noted, Municipal authority will prevent any meaningful action from being taken to address runoff and pollution from the Provincial highway. Additionally, only the 10 PIDs located in the Municipality of Chester are proposed to have the Lakeside Zone applied. All other properties located in HRM are not subject to the Lakeside Zone. l) previous uses of the site which may have caused soil or groundwater contamination; No previous uses are known or cause for concern. m) suitability of the site in terms of grades, soil and bedrock conditions, location of watercourses, water bodies or wetlands; The lots proposed for rezoning to the Lakeside Zone, are generally sloping toward Sawler Lake from West to East. There is a small watercourse which runs through several of the impacted properties and flows into Sawler Lake. No impacts are anticipated regarding suitability of the site for application of the Lakeside Zone. n) the ability of emergency services to respond to an emergency at the location of the proposed development; Not applicable. o) the proposal and the proposed zone support the intent of this strategy; and While the proposal appears to be mainly in keeping with the intent of the Municipal Planning Strategy, there are concerns with the compatibility between the Lakeside Zone, the Mixed Use Zone, the proposed commercial development and the proximity to Highway 103. The Mixed Use Zone is likely more appropriate given the variety of activities and level of development anticipated in this area. p) the financial ability of the Municipality to absorb any costs relating to the amendment. No costs are anticipated whether the request is accepted or rejected. P l a n n i n g M a t t e r s R e p o r t P a g e | 13 MPAC MEETING On May 17, 2023, staff presented a report and request for rezoning to members of the Municipal Planning Advisory Committee. Following discussion and consideration the committee passed the following motion: MOVED by Hugh Harper, SECONDED by Carol Nauss THAT the Municipal Planning Advisory Committee recommend that Council give 1st reading to the request to rezone properties that border Sawler Lake to Lakeside Zone, and further, that the Lakeside Zone be applied beginning at the Ordinary High Water Mark and extending 20m inland. CARRIED. No members of the public attended the MPAC meeting. OPTIONS The Municipal Planning Advisory Committee recommends Option 1, staff recommend Option 2: 1. That Municipal Council approve the request to rezone properties on Sawler Lake to the Lakeside Zone with the zone beginning at the Ordinary High Water Mark and extending 20m inland. AND further set a date for a Public Hearing on July 6th, 2023 beginning at 8:45 am in Municipal Council Chambers; 2. That Municipal Council reject the request to rezone properties on Sawler Lake, maintain the existing Mixed Use Zone and Lakefront Overlay. AND further set a date for a Public Hearing on July 6th, 2023 beginning at 8:45 am in Municipal Council Chambers; 3. That Municipal Council approve the request to rezone properties on Sawler Lake to the Lakeside Zone. The Lakeside Zone will be applied beginning at the Ordinary High Water Mark and extending inland at a distance other than 20m (please select one). AND further set a date for a Public Hearing on July 6th, 2023 beginning at 8:45 am in Municipal Council Chambers; IMPLICATIONS By-Law/Policy Identify links/references to/impacts on any MOC By-Law or Policy. Financial/budgetary No significant budget implication are anticipated. Environmental The nature of the request relates to implementing additional environmental protections for the portion of Sawler Lake that is within the Municipality of Chester. The efficacy and impact of implementing these protections is unknown due to the factors discussed in this report. Regardless of the decision made relating to this request, the Lakefront Overlay will remain in effect for Sawler Lake. Strategic Priorities Given the factors and circumstances discussed in this report, staff do not feel that the request to rezone a portion of lots on Sawler Lake to the Lakeside Zone will assist the Municipality in advancing its Priority Outcomes of the 2021-24 Strategic Priorities Framework. P l a n n i n g M a t t e r s R e p o r t P a g e | 14 Work Program Implications No significant impacts, other than staff time, are expected to be required regardless of the direction from Council. Has Legal review been completed? ___ Yes X No __ N/A COMMUNICATIONS (INTERNAL/EXTERNAL)  In keeping with the Public Participation Program of the Municipality, a Public Information Meeting was held on May 10th  The file will then be presented to the Municipal Planning Advisory Committee for consideration  Council will then give 1st Reading and set a date for a Public Hearing  Notice will be posted on the site and mailed to all impacted owners and those within 30m of the subject properties  Public Hearing will be held, followed by a Council vote  All meetings are advertised in the Progress Bulletin, on the Municipal Website and posted to Municipal Office doors. ATTACHMENTS Appendix A – Letter of Request from Jeff Aucoin Appendix B – Public Information Meeting Report v cI\\ES COOPER Our File: 224028 February 8, 2023 The Municipality of Chester Council 151 King Street PO Box 369 Chester, NS BOJ 1J0 Dear Warden and Council Members: Jeff Aucoin Direct +1 (902) 444 8507 jeff.aucoin@mcinnescooper.com 1969 Upper Water Street Suite 1300 McInnes Cooper Tower - Purdy's Wharf Halifax NS Canada B3J 2V1 Tel +1 (902) 425 65001 Fax +1 (902) 425 6350 Re: Application to Establish Lakeside Zone at Sawler Lake I represent a collection of landowners on Sawler Lake who are seeking a zoning amendment. The amendment being sought only applies to the properties in the Chester Municipality. Enclosed you will find a completed Application to amend the zoning around Sawler Lake to have this area designated as a lakeside zone pursuant to Section 9.4 of the Chester Land Use Bylaws. We understand that this Application requires a fee of $500 as well as a $500 advertising deposit. We ask that Council please consider, based on our particular situation as a group, waiving the requirement for these fees and deposits on the basis that this Application will help to protect the Sawler Lake area and allow the historical usage of the land by property owners to continue. The benefits of a change to lakeside zoning for the Sawler Lake area are numerous, however we believe that the most important reason the designation should be considered by Council is the environmental protection of Sawler Lake. Of particular relevance to this issue is Section 6.3 - Lakefront Overlay in the Municipality of Chester's Municipal Planning Strategy which states in part: Lakefront and cottage developments add to the vibrancy and economy of rural areas. The enjoyment and attractiveness of lakes, however, depends on clean water. Unregulated development practices near lakes can damage water quality. The Municipality wants to ensure development protects the water quality of our lakes. Within Section 6.3, policies E16 to E23 all confirm the importance of this issue. Recent development including new highway lanes and service roads near the lake make the need to protect this area is even more critical. Potential issues include parking lot runoff from development near Exit 6, landscaped areas at Exit 6 that will be fertilized and have the potential for fertilizer and chemical runoffs into the lake and the dangerous risk of blue-green algae. 40453630_1) mcinnescooper.com MCINNES COOPER Page 2 224028 February 8, 2023 Blue-green algae (also called cyanobacteria) occurs naturally in surface waters like lakes. ponds, rivers and streams. Toxins and blue-green algae can make people sick and can be fatal for pets if ingested. The presence of blue-green algae will immediately result in the stoppage of any use of the water including swimming, recreational activities or drinking. A key contributing factor to the growth of blue-green algae is the amount of available nutrients such as phosphorus and nitrogen. Blue-green algae blooms can be caused by agricultural and stormwater water runoff, as well as leaching from septic systems. My clients are extremely worried about the potential environmental impacts on Sawler Lake, particularly with respect to blue-green algae. My clients are hopeful that it will receive the strongest support from Council on this issue and that the enclosed application will be approved. My clients would be happy to provide any further information required. Yours very truly, JAIWPRO Attach. 40453630_1) Public Information Meeting: Request to Rezone a Portion of Properties on Sawler Lake to Lakeside Zone Wednesday, May 10, 2023 Hubbard Lions Club Meeting Notes Attendance: MOC Staff: Garth Sturtevant & Chad Haugh Applicant: Andrew Burchell Public: 7 members of the public were in attendance The Senior Planner opened the meeting at 7:03 pm and provided an overview of the application for a Land Use By-law amendment. Slides were reviewed regarding the area proposed for rezoning, the content and regulations of the Lakeside Zone, the process and policies that must be considered for a rezoning and the expected timeline and process to come. Following this, the floor was opened to questions and comments. Andrew Burchell, the Applicant, made gave brief remarks as to the reasoning for the rezoning request. Andrew began by thanking Council and staff for considering the rezone request. He and his brother are third generation residents on the lake. They are applying on behalf of other lake residents. They are familiar with the process that resulted in Sherbrooke Lake being rezoned and wish the same for Sawler Lake. Sawler Lake drains to Dorey Lake and ultimately to Hubbards Cove, it is important to protect the lake water quality from the impacts of new development. He is supportive of growth, but believe that the rezone will assist in protecting the lake. Questions and Comments: Q If the rezoning is approved, would the regulations and setbacks apply to the proposed commercial use, since it hasn’t yet begun construction? A Yes, the regulations in the Lakeside Zone would apply, presuming the rezoning is finalized prior to permits being issued for the proposed commercial development P a g e | 2 C The proposed nearby commercial development will create runoff from pavement and parking areas, not in support of the commercial development and in favour of the request to rezone to the Lakeside Zone. Q What triggered this rezoning? Assuming there is something proposed or going on? A It was a response to the request of the Applicant who asked Council to consider rezoning Sawler Lake. There is a proposed commercial development which has generated interest and concern in the community and may have prompted the applicant to act in requesting the rezoning. C Having a buffer between the lake and the development is a good idea Q The large piece of land that has been recently rezoned to Mixed Use Zone, what size of development is planned? A While no permits have been issued, the proposal included a substantial commercial development including gas bar, restaurant and grocery store. There are still many unknowns as subdivision of the lot into multiple lots would affect the size and process for developing the land. Q How do property owners and members of the community find out about the progress of the application? A There is a mail-out for all affected properties as well as those within 100 ft of an affected property. This notice is sent in advance of the Public Hearing in addition to newspaper ads, website and social media postings. Q What was the depth of the Lakeside Zone that was applied to Sherbrooke Lake? A The final decision for Sherbrooke Lake was 300m beginning at the Ordinary High Water Mark. Q Will a slope map for the lands around Sawler Lake be shown or included in considerations? A Yes, slope is one of the criteria that are evaluated as part of the request to rezone to Lakeside Zone. A slope map is included in the staff report that will become public following the MPAC meeting scheduled for May 17th. Q What is the expected timeline for the rezoning file? A With the file going to MPAC on May 17th, we would expect 1st reading in late May or early June, with a Public Hearing likely by the end of June. The meeting was adjourned at 7:40 pm. May 15, 2023 Mayor Brenda Chisholm-Beaton President, Nova Scotia Federation of Municipalities Suite 1106, 1809 Barrington Street Halifax, Nova Scotia B3J 2K8 Dear President Chisholm-Beaton, Under the provisions of the Municipal Government Act, the Minister of Municipal Affairs and Housing must provide to the Nova Scotia Federation of Municipalities (NSFM) 12-months’ notice of any provincial legislation, regulation, or administrative actions that could have the effect of decreasing revenues or increasing the required expenditures of municipalities. This letter is intended to provide notice of such changes for fiscal year 2024-2025 and beyond. The Department of Municipal Affairs and Housing (DMAH) canvassed all other provincial departments to seek information on plans for legislative, regulatory, and policy changes in the coming fiscal year. Below you will find a summary of the results of that process. Additionally, you will find as an appendix to this notice a listing of other related initiatives that departments feel municipalities should be made aware. DEPARTMENT OF JUSTICE Biological Casework Analysis Agreement The Biological Casework Analysis Agreement provides Nova Scotia’s municipalities with DNA analysis arising from criminal investigations. DNA analysis is an important and affordable service that helps solve crimes. The 2023-24 financial cost of this program is expected to be $845,000 however the proration of the cost to municipalities will be reassessed upon the Department of Municipal Affairs and Housing’s release of the “Uniform Assessment” for 2023-24. If any of the above content is unclear or should you have any questions regarding the provided information, please do not hesitate to contact the corresponding department for clarification. DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE Construction and Demolition Debris Regulation and Guideline Changes As noted in the letter to the Nova Scotia Federation of Municipalities on January 4, 2023 (which was a supplement to the notice for fiscal year 2023-24), the Province has approved changes to the construction and demolition (C&D) debris management in Nova Scotia. These new measures are designed to ensure that C&D debris management (including disposal, storage, transfer, and processing) does not cause adverse environmental impacts. ECC completed a review of C&D debris management in response to fires and groundwater impacts that occurred at existing C&D debris disposal facilities, as well as community concerns about facilities that store, transfer, and process these materials. The review included engagement and consultation with municipalities, construction industry stakeholders, environmental groups, waste management stakeholders, and provincial government departments. Amendments to the Activities Designation Regulations and the Solid Waste Resource Management Regulations mean that, starting on July 5, 2023, chemically treated wood will no longer be accepted for disposal at C&D debris facilities. Instead, these materials can be reused, repurposed, or disposed of in municipal solid waste landfills. Storage, transfer, and processing will continue to be permitted for treated wood. As well, this fall, ECC engaged stakeholders on proposed amendments to the following guidelines: •Solid Waste Management Facility Guidelines for Construction and Demolition Debris Storage, Transfer, Process and Disposal; •Solid Waste Management Facility Guidelines for Municipal Waste Transfer. The guidelines outline details on siting, design, and operational requirements to prevent environmental impacts. Terms and conditions of approvals will outline further site-specific details, which will be developed case-by-case with the facility’s respective ECC regional office. The proposed amended guidelines include an implementation timeline for the ban on treated wood. The implementation of the ban will be staged by having education compliance during the first year to reduce costs associated with adhering to the ban. Municipalities were engaged on this approach during the fall targeted engagement sessions. In addition, facilities storing, transferring, or processing C&D debris will now require an operating approval from ECC. Previously, only C&D debris required an operating approval. Amending approvals to include C&D transfer, process and storage will be required by July 5, 2023, but any significant terms and conditions will have staged timelines to allow for one year notice. Please note that any new facilities (brand new sites; not currently operating) and expansions of current disposal sites would be subject to requirements starting July 5, 2023. Coastal Protection Act As indicated in last year’s letter, it is possible municipalities will incur incremental costs related to implementation of the Coastal Protection Act and Coastal Protection Regulations in the coming fiscal year. Nova Scotia Environment and Climate Change (ECC) is providing notice of changes which will be required in building permit approval and compliance processes once the Coastal Protection Act is proclaimed. This legislation will provide consistent, province-wide protection for our coast by restricting development and related activity where structures will be at risk from coastal flooding and coastal erosion, or where they will cause unnecessary interference with or damage to coastal ecosystems. Once proclaimed into law, this legislation would create a Coastal Protection Zone, within which the regulations apply. Municipalities would be allowed to issue a building permit for structures within the Coastal Protection Zone if the proposed location of the construction is above a minimum building elevation specified in the regulations and is situated upland of a site-specific horizontal setback certified by a designated professional. This will require modifications to municipal administrative processes for building permits. Subject to the final form of the regulations, it is anticipated that the municipality will be expected to determine whether the proposed location of the construction is located within the Coastal Protection Zone and whether the regulations apply to the general type of construction and/or the type of structure to be built or expanded. If the regulations apply, the municipality may be required to determine whether the proposed location is above the minimum building elevation prescribed in the regulations and upland of the horizontal setback certified by the designated professional in a coastal erosion risk factor assessment report accompanying the permit application. They also may be required to ensure the designated professional is a member in good standing of the relevant professional body at the time the report was signed. It is expected that the responsibility for competent, accurate and objective certification of the horizontal setback will rest with the designated professional, with forms and a standard methodology for determining the setback prescribed by regulation and provided by ECC. Specifics regarding which professional groups will qualify to provide the certification, standards, forms to be used, and other administrative details will be set out in regulations. ECC expects to support municipal officials with training, support materials and digital mapping resources to help interpret the regulations and where they apply. Sincerely, Honourable John Lohr Minister of Municipal Affairs and Housing Appendix A: DEPARTMENT OF INTERGOVERNMENTAL AFFAIRS Procurement Every two years, Global Affairs Canada updates its thresholds for covered procurements under the Canada-Europe Trade Agreement (CETA), the Canada-UK Trade Continuity Agreement (TCA) and the Canada Free Trade Agreement (CFTA), which covers internal trade within Canada. Municipal procurements are covered under these obligations. All procurements above the thresholds must be publicly tendered unless subject to an exemption. Thresholds were last updated on January 1, 2022, and are as follows: CETA Thresholds TCA CFTA Thresholds Goods $366,800 $366,800 $121,200 Services $366,800 $366,800 $121,200 Construction $9.1M $9.1M $302,900 The next update will be posted in December 2023 for calendar years 2024 and 2025. These thresholds are calculated based on data that will not be available until the end of next year, so at this time, the scope for municipal involvement is not known. We will advise as soon as we receive updated information. Municipal officials may contact Intergovernmental Affairs, Trade Policy, with any questions related to municipal procurement obligations under trade agreements. DEPARTMENT OF JUSTICE RCMP Collective Bargaining Agreements The RCMP National Police Federation’s collective bargaining agreement with the federal government will expire on March 31, 2023, and new contract negotiations are expected to begin. In addition, labour contract negotiations are ongoing for RCMP telecom operators and intercept monitoring employees for the period April 1, 2016, to March 31, 2023. The cost implications and its future impacts cannot be determined until these negotiations have settled. We will monitor the situation closely and keep municipalities up to date as the process moves forward. The Accessibility Act Work is underway on the development of the accessibility standard for the built environment. There will be an opportunity for municipalities, villages, and Nova Scotians to provide feedback or input once the standard has been drafted. The goal is to make the regulations effective in 2024. A compliance and enforcement framework has been approved. At a minimum, one-year notice will be given to municipalities and villages of any policy and regulation change related to obligations under the Accessibility Act and standards that impact revenue or expenditures. Amendments to the Part XX of the Municipal Government Act The Attorney General and Minister of Justice’s Mandate Letter of September 14, 2021 directs the Minister to [a]mend the Freedom of Information and Protection of Privacy Act to give order-making ability to the Privacy Commissioner. These amendments, as well as other amendments aimed at modernizing the act are anticipated to be brought forward by government at a future sitting of the House of Assembly. To ensure consistency in access and privacy legislation, Part XX of the Municipal Government Act will be updated at the same time. DEPARTMENT OF ECONOMIC DEVELOPMENT Peggy’s Cove Commission Act A review is seeking to modernize the role and administration of the Peggy’s Cove Commission. While it is too early to speculate on the outcomes of the review, given the location of Peggy’s Cove within the boundaries of HRM, any proposed changes to the Act, or to the administration of it, could have an impact on the municipality, for example shifting responsibility for planning approvals. Community Economic Development The Department’s mandated review of structures and mechanisms to support economic development includes reviewing the current structure and function of the Regional Enterprise Networks (RENs). Over the past several months, the Department has been engaging with the RENs, municipalities, sector and business leaders in communities across Nova Scotia to ensure the best model for community economic development in Nova Scotia. The outcome of this review has the potential to impact the existing REN model, and therefore our municipal funding partners. DEPARTMENT OF NATURAL RESOURCES AND RENEWABLES Feeding Wildlife The department is currently undertaking consultations on regulations pertaining to the feeding of wildlife, with a goal of introducing regulations in 2023. It is possible there will be impacts on municipalities in relation to green bins and garbage handling, but it is too early to say definitively, and the actions may be limited to supporting NRR’s public education efforts. As we complete consultations and move into the regulation writing phase, municipalities will be kept informed. REQUEST FOR DECISION REPORT TO: Council MEETING DATE: June 8, 2023 DEPARTMENT: Infrastructure & Operations SUBJECT: Landfill ‘Mobile Workshop’ & Sand-Spreader ORIGIN: Kaizer Meadows Landfill Date: April 19, 2023 Prepared by: Tammie Bezanson, CET Date: May 11, 2023 Reviewed by: Christa Rafuse, Director of Solid Waste Date: May 31, 2023 Authorized by: Tara Maguire, CAO RECOMMENDED MOTION That council approves the purchase of an enclosed cargo trailer and sand-spreader for Kaizer Meadows Landfill. CURRENT SITUATION Currently, the landfill staff must transport tools and equipment to broken and damaged vehicles. This is time- consuming and impacts regular, productive operations. The new plow truck budget did not include the purchase of a new electric sand-spreader. BACKGROUND In consultation with the Kaizer Meadows staff, it has been determined that heavy equipment and vehicle maintenance at the landfill would greatly benefit from a 14’ trailer equipped with a secure toolbox, generator, welding equipment, misc. tools etc. In addition, landfill staff are also requesting a sand spreader for the new ¾ ton truck as it was discovered after budget discussions that the existing gas sand spreader is no longer working. DISCUSSION When heavy equipment breaks down, the crew transports the machine back to the shop for repairs. With a ‘mobile workshop’, outfitted with a generator, welder, tools etc., the landfill mechanic would be able to fix most items in-situ, decreasing the downtime of the equipment, This will increase efficiency in time and be less labor intensive dragging/lifting heavy equipment (ie loader tires and generators) up onto a truck as the new trailer will have a ramp gate door. The new cargo trailer and modifications would increase the municipal trailer asset count to six (6), at a cost of $20,000 + HST. The existing trailer inventory is as follows:  TR 001 – Speed Radar Trailer (2018) o Has a permanently mounted mobile speed radar unit.  TR 002 – Cana UT 612-3K (2013) o To transport vehicles and equipment such as zero-turn mowers, side-by-sides etc.  TR 003 – BIGTX float trailer for the trench box (2007) o To transport the trench box to site for sewer connections. R e q u e s t f o r D e c i s i o n P a g e | 2  TR 004 – Dump Trailer (old) (2017) o Has a lift action for transporting and dumping vegetation, materials etc.  TR 005 – Dump Trailer (new) (2023) o Has a lift action for transporting and dumping vegetation, materials etc. Whilst the existing trailers do not have constant day-to-day usage, they are task specific for the property maintenance division and required to perform appropriate tasks on an often ad hoc basis. All of the existing trailers are for use by the Public Works staff. This new trailer request would be for use by the Solid Waste staff at Kaizer Meadows landfill. A new sand-spreader would cost $12,000 + HST. OPTIONS Option A – Approve an unbudgeted purchase of a new 14’ trailer, accessories, tools and new sand-spreader for a total of $32,000 + HST ($20,000+HST Mobile Workshop; $12,000+HST Sand Spreader) Option B – Instruct staff to return with more information. Option C – Reject the recommendation and do not authorize the purchase. IMPLICATIONS By-Law/Policy Not Applicable Financial/budgetary This project has not been approved in the 2023-2024 Capital Budget. The funds for the purchase of the cargo trailer and the sand-spreader would come from the proceeds from the accumulated recycled scrap metal sale funds. Strategic Priorities This change will provide an increase in efficiency for staff and will lower the time the equipment is offline for repairs. Priority Outcomes: Governance & Engagement 1. Ensure municipal service delivery is efficient and effective, communicated, and accessible. Priority Outcomes: Infrastructure & Service Delivery 1. Create efficiencies through innovative service delivery, and proactive maintenance and operations of existing infrastructure. Environmental Stewardship 1. Seek opportunities for innovation and leadership in waste management. R e q u e s t f o r D e c i s i o n P a g e | 3 Work Program Implications Will the subject of this report have an impact on staff’s work programs? Are additional resources needed or will the action delay or change any timelines of the departmental work program? No Has Legal review been completed? ___ Yes _ _ No _X_ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) N/A ATTACHMENTS None REQUEST FOR DECISION REPORT TO: Council MEETING DATE: 2023-06-08 DEPARTMENT: Planning & Development SUBJECT: MLUB and VLUB Amendments ORIGIN: Staff: LUB as living document Date: November 02, 2022 (updated May 24, 2023) Prepared by: Emily Statton, Planner Date: November 02, 2022 Reviewed by: Garth Sturtevant, Senior Planner Date: May 31, 2023 Authorized by: Tara Maguire, CAO RECCOMENDATION Staff are recommending that Council gives first reading to the list of housekeeping amendments to the Municipal Land Use By-Law & Village Land Use By-Law and schedule a public hearing date for July 06th 2023. CURRENT SITUATION Staff have identified a series of amendments that would improve the clarity and administration of both the Municipal Land Use By-Law and Village Land Use By-Law. These amendments are minor in nature and can be accomplished without amending any policies outlined in the Municipal Planning Strategy. The sections from each Land Use By-Law that staff are proposing amendments to are: Municipal Land Use By-Law a) MLUB Section 2.0 – revise definition of ‘Tourist Home’ and rename to ‘Short-Term Rentals’, add a line to general provisions of the use of short-term rentals; b) MLUB Section 3.2– revise wording to address the adoption of revised maps; c) MLUB Section 4.1.3– add language explaining that certain By-laws are exempt from LUB provisions, including but not limited to: Uniform Signage By-Law #152 & Outdoor Dining By-Law #153; d) MLUB Section 4.18.1 – use single unit dwelling setbacks as the standard for private storage; e) MLUB Section 4.28.1 – (1) clarify that any development on a lot subject to Lakefront Overlay requires a development permit, and (2) revise lot coverage language; f) MLUB Section 6.4.1 – (1) list campgrounds and RV parks as permitted uses in the SR-2 zone (2), limit camp sites/RVs to 10, and (3) impose 10m setbacks equal to those found in the Hamlet Zone; g) MLUB Section 6.4.1 revise setbacks for 3-11 dwelling units on a lot from 1.5m to 3m and Tourism Accommodations setbacks from 7m to 7.5m to match MU Zone requirements; h) MLUB Section 6.5.1 – revise language for larger campgrounds and RV parks to “21 or more sites”; i) MLUB Section 9.4.3 - add Waterfront Parks not owned by the Municipality by Development Agreement to list of Permitted Uses and Developments. Village Land Use By-Law j) VLUB Section 3.4 – revise wording to address the adoption of revised maps; k) VLUB Section 4.5 – add language explaining that certain By-laws are exempt from LUB provisions, including but not limited to: Mobile Vending & Outdoor Dining; R e q u e s t f o r D i r e c t i o n P a g e | 2 BACKGROUND Over the last year or so Staff have identified a series of amendments that would improve the clarity and administration of the MLUB & VLUB. Staff consider these amendments minor in nature and can be accomplished without amending any policies outlined in the MPS. Staff requested direction from Council to direct staff to prepare a report & draft amendments to MLUB & VLUB that addresses the above list. The motion was as follows: Direct Staff to prepare a report and draft amendments to the Municipal Land Use By-law and Chester Village Land Use By-law that address the list of housekeeping amendments and schedule a date for a Public Information Meeting. DISCUSSION Municipal Land Use By-Law a) In Section 2.0 (Definitions) of the MLUB, the definition of ‘Tourist Home’ should add language specifying that the site “will not function as a residential dwelling unit”. Further, the term ‘Tourist Home’ should be changed to ‘Short-term Rental’, as the latter better reflects current terminology of rental units. Finally, a line should be added to the General Provisions (Section 4.0) to state that “Short-term Rentals are subject to the dwelling standards of the zone where the structure is situated.” This change ensures short-term rentals are subject to the same dwelling standards as the other dwelling uses in that zone. b) In Section 3.2 (Interpretation of Zone Boundaries) of the MLUB, language should be added to acknowledge that the maps shown in Schedule “A” are revised from time to time to reflect improved data or more accurate information. When property data is updated by the province (a process that happens semi-regularly), it is possible that discrepancies may arise between property lines and zone boundaries. This will provide staff with the ability to update the maps without undergoing the amendment process every time the province updates data, allowing the mapping to be the most up to date possible. c) In Section 4.1.3 (Mobile Vending) of the MLUB a line should be added: ‘Other By-laws are exempt from Land Use By-Law provisions including but not limited to: Uniform Signage By-Law #152, Outdoor Dining By-Law #153.’ Staff have introduced a variety of new by-laws over the years, which all supersede the General Provisions found in the MLUB. This should be reflected in the MLUB so that there are no contrary provisions. d) In Section 4.18.1 (Private Storage) of the MLUB as currently written, this section uses general language for setbacks for private storage sheds– “subject to zone standards”. It should be stated that “private storage buildings shall be permitted in any zone, subject to the zone standards for single unit dwellings (Section 6.2)”. The way it is written now, we have different setbacks for different uses, making that requirement difficult to interpret and leaves room for error. The new wording will mirror the standards for a single unit dwelling to create a more fluent document. This change will utilize single-unit dwelling R e q u e s t f o r D i r e c t i o n P a g e | 3 setbacks as the standard for private storage, creating more uniform setback standards throughout the document. e) In Section 4.28.1(a) (Lakefront Overlay) of the MLUB, language should be revised to state that “any development on a lot subject to the Lakefront Overlay shall require a development permit.” As it currently stands, if a landowner wants to develop on land that is subject to the Lakefront Overlay but does not propose to build on area covered by the Lakefront Overlay, a development permit is not required. In these cases, once construction begins, the Municipality is limited in ensuring that the development does not infringe on the Lakefront Overlay. This change clarifies that even if a landowner wants to develop on their land outside of the Lakefront Overlay, they still require a development permit. This will ensure that the Lakefront Overlay boundary is respected. 4.28.1(d) refers to “impermeable surfaces must not exceed 25% of total area of the lot including buildings and hard-surface landscaping”. Staff have proposed to change the wording to ““impermeable surfaces must not exceed 25% of the total lakefront overlay area of the lot”. This needed to be clarified to reflect that the 25% limit is intended to be just the area covered by LF overlay and not lot coverage for the entire lot. f) In Section 6.4.1 (SR-2 Permitted Uses and Developments) Campgrounds and RV Parks are listed as “any other commercial or institutional use”, which are not subject to setback requirements. Within the Mixed-Use & General Basic zones, Campgrounds and RV Parks are listed as a permitted used with listed setbacks. The SR-2 zone was intended to be more restrictive than the MU & GB zones, however in this instance, that is not the case. Campgrounds and RV Parks should be added to the list of permitted Commercial & Institutional uses within the SR-2 zone. This amendment would also include more restrictive setbacks for Campgrounds and RV Parks in the SR-2 zone, going from the current 1.5m to 10m (equal to current setbacks in Hamlet Zone). With this change, staff recommend limiting the number of campsites/RVs to a maximum of 10 sites. This change is intended to mirror setbacks for similar uses in other zones, to again create more uniformity through the document. g) In Section 6.4.1 (SR-2 Permitted Uses and Developments) the setbacks for 3-11 dwelling units on a lot are currently 1.5m. The amendment would change this setback to 3m. This would also change Tourism Accommodations setbacks from the current 7m to 7.5m to match MU Zone requirements. h) In Section 6.5.1 (Mixed-Use Zone Permitted Uses and Developments) of the MLUB, there is language stating that Campgrounds and RV Parks with more than 21 sites are approved by development agreement and Campgrounds and RV Parks up to 20 sites to be approved via development permit. This could theoretically leave a 21 site Campground or RV Park outside of the purview of the Land Use By- law. As such, the language should be adjusted to “Campgrounds and RV Parks with 21 or more sites”, allowing the potential 20 site RV Park by development permit. i) In Section 9.4.3 (Lakeside Zone) of the MLUB, ‘Waterfront Parks not owned by the Municipality’ through the Development Agreement approval process should be added to the ‘Permitted Uses and Development’ list, to mirror all other zones. This line simply got missed when developing the Lakeside Zone and should be added to mirror all other zones. A Waterfront Park is defined in the LUB as: a park R e q u e s t f o r D i r e c t i o n P a g e | 4 allowing public access to inland waterways or coastal shores on property that is owned by interests other than the Municipality of Chester or the Crown. Village Land Use By-Law j) In Section 3.4 (Interpretation of Zone Boundaries) of the VLUB language should be added to acknowledge that the maps shown in Schedule “A1” and “A2” are revised from time to time to reflect improved data or more accurate information. When property data is updated by the province (a process that happens semi-regularly), it is possible that discrepancies may arise between property lines and zone boundaries. This will provide staff with the ability to update the maps without going through the amendment process every time the province updates data, allowing our mapping to be the most up to date possible. k) In Section 4.5 (Waivers and Exemptions) of the VLUB a line should be added to include Mobile Vending and Other By-laws are exempt from Land Use By-Law provisions including but not limited to: Outdoor Dining By-Law #153 & Trade and Licensing By-Law #11.’ Staff have introduced a variety of new by-laws over the years, which all supersede the General Provisions found in the VLUB. This should be reflected in the VLUB so that there are no contrary provisions. DISCUSSION Public Information Meeting A public information meeting was held on October 5th, 2022. There were no members of the public in attendance. Municipal & Village Planning Advisory Committees Staff presented a report and list of amendments to both the Municipal PAC (November 16th, 2022) & Village PAC (November 8th, 2022). Short discussions were had at both meetings. Both committees made motions to recommend that Council give first reading to the list of housekeeping amendments & schedule a public hearing date. OPTIONS 1. Council gives first reading to the list of housekeeping amendments to the Municipal Land Use By-Law & Village Land Use By-Law and schedule a public hearing date for July 06th 2023. 2. Council rejects the proposed list of housekeeping amendments to the Municipal Land Use By-Law & Village Land Use By-Law. 3. Council gives first reading to the list of housekeeping amendments to the Municipal Land Use By-Law & Village Land Use By-Law with identified changes and schedule a public hearing date for July 06th 2023. IMPLICATIONS By-Law/Policy None outside of additions/amendments mentioned in ‘Discussion’ section R e q u e s t f o r D i r e c t i o n P a g e | 5 Financial/budgetary None Environmental None Strategic Priorities None Work Program Implications An increase in development permits being sought is possible as a result of changes to MLUB Section 4.28.1, however any increase is not expected to be significant. Has Legal review been completed? ___ Yes _X_ No __ N/A ATTACHMENTS Schedule “A”: Draft amendments to the MLUB Schedule “B”: Draft amendments to VLUB SCHEDULE A DRAFT MUNICIPAL LAND USE BY-LAW HOUSEKEEPING AMENDMENTS Municipality of the District of Chester Community Development Department Amendments to the Chester Municipal Land Use By-law Be it enacted by the Council of the Municipality of Chester as follows: 1) Amendments to Section 2.0 Definitions to revise definition of 'Tourist Home' and rename to 'Short -Term Rentals'; a. Add a section to Section 4.0 General Provisions to state that Short-term Rentals are subject to the dwelling standards of the zone where the structure is situated/' 2) Amendments to Section 3.2 Interpretation of Zone Boundaries to add wording to address the adoption of revised maps from time to time as the province updates data; 3) Amendment to Section 4.1.3 Mobile Vending to add language explaining that certain By-laws are exempt from LUB provisions, including but not limited to: Uniform Signage By -Law #152 & Outdoor Dining By -Law #153; 4) Amendment to Section 4.18.1 Private Storage to use single unit dwelling setbacks of the zone the structure is located in, as the standard for private storage; 5) Amendment to Section 4.28.1 Lake Front Overlay to: a. Clarify language that any development on a lot subject to Lakefront Overlay requires a development permit b. Revise lot coverage language to better reflect the calculation for permitted impermeable surfaces; 6) Amendment to Section 6.4.1 SR -2 Pemited Uses and Developments to: a. list campgrounds and RV parks as permitted uses in the SR -2 zone b. limit camp sites/RVs to 10 c. impose 10m setbacks equal to those found in the Hamlet Zone; d. revise setbacks for 3-11 dwelling units on a lot from 1.5m to 3m e. revise setbacks for Tourism Accommodations from 7m to 7.5m to match MU Zone requirements; 7) Amendment to Section 6.5.1 Mixed Use Zone Permitted Uses and Developments to revise language for larger campgrounds and RV parks to "21 or more sites" 8) Amendment to Section 9.4.3 Lake Side Zone to add Waterfront Parks not owned by the Municipality by Development Agreement to list of Permitted Uses and Developments. Underlined text is added. Strikethrough text is deleted. Short -Ter ental a means a dwelling functioning in a commercial capacity as self-catering accommodation for the travelling public, will not function as a residential unit and does not include facilities open to the general public such as meeting rooms, restaurants, or entertainment facilities. Transportation depot means any facility developed for the primary purpose of storing and dispatching trucks, cars, and any other mode of transportation for the transporting of goods or people and does not have any related retail use. Use means the purpose for which any land, budding or structure is utilized, and for greater certainty: Accessory use: a use subordinate to, normally incidental to and located on the same /otas the main land use. Change of use: any alteration in the use made of the whole or any part of a parcel of land, building or structure. Non -conforming use: means a use as described in the Municipal Government Act. Variance means a relaxation or reduction of Land Use By-law requirements for a specific site, as stipulated in Sections 235-237 of the Municipal Government Act. Vegetated buffer means a designated strip of land containing a mix of species including trees, shrubs and grasses, whether naturally occurring or planted during restoration, that provides filtration of pollutants and sediment, and promotes bank stability as a means to protect water quality and habitat of watercourses and lakes, and to protect property from flooding and erosion. Wall Sign — see Sign Wall Sign Area — see Sign Warehouse means a building in which goods or wares are stored but shall not include a retai/store. Wastewater Management District means a designated area of land within which privately -owned on -site septic systems are collectively managed by the Municipality in accordance with a municipal wastewater managementdistrict by-law. Watercourse means the bed and shore of a river, stream, creek, brook or similar. This By -Law applies to all watercourses indicated on the Nova Scotia 1:10,000 topographic database. Eave Line Wail: Sign Area 3.2 Interpretation of Zone Boundaries The boundaries of zones are shown in the Land Use By-/awZoning Maps (Schedule "A") and shall be precisely located as follows: 3.2.1 Where a zone boundary is shown on or within a street or highway, the boundary shall be the centreline of such street or highway; 3.2.2 Where a zone boundary approximately follows lot lines, the boundary shall follow such lot lines; 3.2.3 Where a zone boundary approximately follows a shoreline, the boundary shall be the ordinary high water mark; 3.2.4 Where a zone boundary approximately follows a railway right-of-way, public recreational trail right-of-way, electrical transmission right-of-way, or a watercourse, the boundary shall be the centreline of such right-of-way or of such watercourse; 3.2.5 Where there is no landmark, lot line or right-of-way that indicates the precise location of a boundary, the boundary shall be scaled from the Land Use By-law Zoning Maps as shown in Schedule "As2. 3.2.6 Where maps shown in Schedule "A" are revised improved data or more accurate information province. 4.1 Application, Waivers and Exemptions 0 o time to re n o eztV data is undated by More Information: The Trade and Licensing By-/awcan be found at www.chester.ca or by visiting the Municipal Office 4.1.1 Application of General Provisions The general provisions of Part 4.0 shall apply to all zones and shall prevail over all zone requirements, unless otherwise specified. 4.1.2 Height regulation The regulation on maximum height for each zone shall not apply to church spires, water tanks, silos, flagpoles, structures and antennae used for radio -communications, ventilators, skylights, chimneys, clock towers, wind turbines and solar collectors. 4.1.3 Mobile vending al Mobile vending, associated signs, and associated structures are subject to the Trade and Licensing By-law #11 of the Municipality, and no development permit shall be required. b) Other By_ -Laws arc exegrr at from Land Use B Haw provisions included but not limited to: Uniform Si 2 Outdoor Dining By -Law #153. 4.1.4 Permitted uses a) Unless otherwise indicated as a permitted use in a zone within this By-law, the use shall be deemed to be prohibited in said zone. b) Subject to regulations in each zone, uses accessory to, subordinate to, or incidental to the principal use shall be permitted in any zone. 4.1.5 Restoration to a safe condition Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of any structure. 4.1.6 Signs All signs shall be subject to the applicable requirements of Part 10 of this By-law. 4.1.7 Swimming pools No development permit shall be required for the installation of any swimming pool. However, any decking, accessory structures or fencing associated with a swimming pool. may require a development permit subject to the provisions of the By-law. 4.1.8 Accessory Uses Accessory Uses Subject to regulations in each zone, uses accessory to, subordinate to, or incidental to the principal use shall be permitted in any zone. 4.1.9 Accessory Structures Accessory structures shall be permitted in all zones and, unless otherwise indicated, shall be subject to the following: a) Shall not be used for human habitation; b) In zones where minimum yards standards apply, shall not be permitted to be located closer than 1.2 m to any lot line, with the exception of one accessory structure without plumbing which may be built to the ordinary high-water mark; c) Shall not be located or built within 1.5m of a main building or structure, excluding signs, except that a fence or retaining wall may join accessory structures with a main building; d) Small accessory structures shall not require a development permit in any zone with the exception of the Single Unit Residential Zone (SU), the Protected Watershed Zone (PW), and on any land within the Lakefront Overlay; e) Notwithstanding 4.1.9 c), in any zone that includes regulations for Farm Animals, Small accessory structures used for the rearing, breeding, boarding, sheltering and keeping of Farm Animals shall require a Development Permit; f) Minor accessory structures shall not require a development permit. 4.2 Aggregate processing 4.2.1 In the Kaizer Meadow Industrial (KI) zone, aggregate processing shall be permitted by development permit. 4.2.2 In any other zone, aggregate processing within the active area designated for the operation of an approved pit or quarry, shall be permitted by development permit. 4.2.3 In the General Basic (GB) and Mixed Use (MU) zones, for any location outside of an active area designated for the operation of an approved pit or quarry, and for a period not to exceed six (6) months, aggregate processing shall be permitted by temporary development permit, subject to the following: Provisio n Stand Minimum distance for the envelope of a processing facility from any existing residential property 360 m Minimum distance for the envelope of a processing facility from any zone boundary other than the Kaizer Meadow Industrial (KI), General Basic (GB), or Mixed Use (MU). 50 m and thereafter not permitted on the same lot except by development agreement. 4.2.4 In the General Basic (GB) and Mixed Use (MU) zones, for any location outside of an active area designated for the operation of an approved pit or quarry, and for a period exceeding six (6) months in any calendar year, aggregate processing shall be permitted by development agreement. 4.3 Agricultural Uses 4.3.1 This By-law does not regulate or control agricultural uses and no development permit shall be required unless otherwise noted in this By-law. 4.4 Cannabis Production Facilities 4.4.1 Indoor Cannabis Production Facilities Indoor Cannabis production facilities completely contained within a building are deemed a light industrial use and shall comply with all zone standards for a light industrial use including but not limited to any required gross floor area or land area requirements. 4.4.2 Outdoor Cannabis Production Facilities Outdoor Cannabis production facilities cultivating, propagating, or harvesting cannabis, are deemed an agricultural use and shall: a) be located a minimum of five hundred (500) m from any permanent dwelling, childcare centre, school, nursery, public park, religious institution, long term care facilities, hospitals or permanent alcohol or drug treatment facility; b) the use shall be set back a minimum of thirty (30) m from all lot lines. 4.5 Community Gardens 4.5.1 Community gardens shall be permitted in any zone and shall not require a development permit. 4.6 Composting, Small-scale 4.6.1 Small-scale composting shall be permitted as an accessory use to commercial, institutional and light industrial uses in zones where such uses are permitted. 4.7 Electrical Generation Facilities The following provisions shall apply to developments not owned by the Municipality or located on Municipally -owned property. 4.7.1 Wind Turbines Wind turbines shall be permitted in all zones by development permit and shall be subject to the following requirements: a) in the Single Unit Residential (SU), Hamlet (HM), and Gateway (GW) zones, total combined production capacity for all wind turbines on the lot shall not exceed five (5) kilowatts; b) in all other zones, total combined production capacity for all wind turbines on the /01 shall not exceed one hundred (100) kilowatts; c) wind turbines shall be set back 1.5 times the height of the turbine, measured from grade to the highest point of the rotor's arc, from adjoining lot lines; d) wind turbines shall not exceed thirty (30) m in height; c) wind turbines shall bear a non -reflective finish, and shall not contain any exterior lighting; f) no sign shall appear on a wind turbine other than the owner's or manufacturer's identification; g) rotor blade clearance shall be at least eight (8) m above grade. 4.7.2 Solar Collectors Solar collectors shall be permitted in all zones, subject to the following requirements: a) This By-law shall apply to all solar collectors that are not attached to a building on the lot. Solar collectors attached to a building do not require a development permit. Off -building solar collectors shall require a Development Permit, except within the General Basic (GB) zone; b) off -building solar collectors shall be permitted on /ots that do not contain a main building; c) where minimum yard standards apply, off -building solar collectors shall not be permitted within the front yard and shall meet the requirements of the zone. 4.7.3 High Capacity Electrical Generating Facilities Any electrical generating facilities not permitted under sections 4.7.1 or 4.7.2, such as a large-scale wind turbine facility or solar farm, shall be permitted by development agreement in the General Basic (GB), Business Park (BP), Kaizer Meadow Industrial (KI) and Kaizer Meadow (KM) zones. 4.8 Farm Animals 4.8.1 The rearing, breeding, boarding, sheltering and keeping of Farm animals does not require a development permit unless otherwise stated in this By-law. 4.9 Farm Markets 3 m or less Farm markets operating one day per week or less shall be permitted in any zone and shall not require a development permit. 4.10 Fences 4.10.1 Requirements for fences are based on height, as follows: Development Location Requiremen Permit No None Greater than 3 m Yes (except within the General Basic (GB) zone Must meet minimum yard requirements of the zone in which it is to be located 4.11 Fuel Production, Alternative Non-commercial 4.12 Lots 4.11_ 1 Notwithstanding restrictions within specific zone standards for heavy industrial uses, nothing in this By-law shall prevent the small-scale production of alternative fuel sources such as, but not limited to; biodiesel, methane and ethanol in zones where the production exclusively used in relation to a non-commercial use or non -commerce use. For greater clarity this does not permit any operation involving commercial sale of products or those which require licensing under Provincial Acts relating to fuel production, storage or retail including but not limited to the Resources Conservation Act & Technical Safety Act of Nova Scotia. 4.12.1 Common lot line Notwithstanding the yard requirements of each zone, adjoining buildings which are structurally attached to each other are permitted to be built to the common lot line. 4.12.2 Existing undersized lots Notwithstanding minimum lot area and lot frontage requirements established elsewhere in this by-law, a lot which does not satisfy the minimum requirements for lot area, lot frontage, or both, and either was in existence on or before 16 April, 1987 (see MGA Sec. 291), or satisfies one or more of the following requirements (a) or (b) may be used for a purpose permitted in the zone in which the lot is located, and a structure may be erected on the lot, provided that all other applicable provisions of this by-law are satisfied: More Information: The Municipal Government Act allows certain structures which do not otherwise meet the requirements of this By-law to continue to be used and altered subject to certain criteria. For more information, see sections 238-242 of the Municipal Government Act, available from www.nslegislature.ca a) The lot has been created after 16 April 1987 by the consolidation of two or more lots, by the expansion or increase in size of an existing lot, by subdivision under the variance provisions of the Municipal Government Act or by an instrument to which the Municipal Government Act does not apply; or b) The lot is located upon an island, in which case the required lot frontage shall be measured along the ordinary high water mark. 4.12.3 Minimum lot frontage The minimum lot frontage for all lots shall be six (6) m, unless otherwise required in this By-law. 4.13 Non -Conforming Structures and Uses 4.13.1 Non -conforming structures: enlargement and relocation A structure, excluding any sign, which was legally in existence on the effective date of this By-law, and which would not otherwise be permitted due to the size of the yard in which it is located, or its setback from property lines, may be: a) enlarged, reconstructed, repaired, renovated, or replaced by a new structure, provided that the structure shall not thereby be permitted to extend, elongate or increase any existing encroachment into the minimum front yard, flankage yard, side yard or rear yard required in that zone except by the granting of a variance in accordance with this By-law. b) relocated, provided no encroachment into the minimum front yard, flankage yard, or rear yard required in that zone shall be permitted except by the granting of a variance in accordance with this By-law. provided that the application for a development permit is supported by a location certificate or survey plan showing the location of the structure in relation to the boundaries of the lot. 4.13.2 Non -conforming structures: used as permitted in A structure, excluding any accessory structure or sign, which was legally in existence on the effective date of this By-law, and which would not otherwise be permitted due to the size of the yard in which it is located, or its setback from property lines, may be used as permitted in the zone in which the structure is situated. 4.13.3 Non -conforming uses Prior Existing Uses, land uses which were legally in existence on the effective date of this By-law, and which would not otherwise be permitted in the zone in which they are located due to the type of use or the size of the use, as demonstrated through municipal. records or through Statutory Declaration, are subject to the non- conforming provisions of the Municipal Government Act, with the exception that non -conforming uses may be recommenced, if discontinued for a continuous period of less than twelve months. 4.14 Outdoor lighting zone More Information: The Municipal Government Act allows uses which would otherwise not be permitted under this By- law to continue, subject to certain criteria. For more information, see sections 238-242 of the Municipal Government Act, available from www.nsle slature.ca 4.14.1 For uses requiring a development permit, all outdoor lighting shall be downcast and have full horizontal cut-off so as not to cast directly upon an abutting property. 4.15 Outdoor wood furnaces 4.15.1 Outdoor wood furnaces shall be permitted, subject to development standards, in all zones except the Single Unit Residential (SU) zone. Outdoor wood furnaces shall be located a minimum of 22.5 m from any lot line and forty-five (45) m from dwellings on adjacent lots, shall not have a chimney height lower than the eaves of the building which it serves, but in any case not lower than five (5) m and shall be kept locked when unattended. 4.16 Parking requirements 4.16.1 Where a development permit is required, the minimum requirement for on -site parking shall be one space for every dwelling unit and one space for every fifty (50) m2 of non-residential floor area. 4.17 Places of Worship & Cemeteries 4.17.1 Places of worship and cemeteries shall be permitted in all zones with the exception of the Business Park (BP), Kaizer Meadow Industrial (KI), Kaizer Meadow (KM), Protected Watershed (PW) and Conservation (CS) zones. 4.18 Private storage 4.18.1 Where there is no other main building on the lot, private storage buildings shall be permitted in any zone subject to-th ree-51,tea ard5 for vu, I to zone standards for single unit dwellings (refer to Section 6.2). 4.19 Public Structures and Uses 4.19.1 Public utilities provided by the Municipa/itysuch as, but not limited to, sewage treatment plants, pumping stations, water storage reservoirs, and stormwatermanagement facilities shall be permitted in any zone. 4.19.2 Public buildings, public uses and parks shall be permitted in any zone. 4.20 Radio -communications facilities More Information: CRINS is the non- governmental organization that the Municipality has designated as the body which carries out public consultation regarding radio -communications facilities. More information can be found at htt f/www.cri ns- sinrc.ca/ 4.23 4.20.1 Nothing in this By-law shall prevent the use of land for the installation of radio - communications facilities that have been issued a license by the Federal Government following due process as prescribed in the Canadian Radiocommunications Information and Notification Service (CRINS) Antenna System Siting Review and Consultation Protocol, Reference Issue 3 [2014] as amended from time to time. 4.21 Salvage yards 4.21.1 Where permitted, salvage yards shall have an approved commercial highway access from the appropriate Provincial or Municipal department. The area of a salvage yard shall be screened to provide a visual barrier that is at least two (2) m in height. 4.22 Shipping containers 4.22.1 Shipping containers shall be permitted, subject to development standards, in all zones except the Single Unit Residential (SU), and Coastal Island (CI) zones and shall not be used for human habitation unless converted in compliance with the Nova Scotia Bui/ding Code. Ter r entals Short --Term Rentals are subject to the dwelling standard of the zone where the structure is situated, 4.2_3 Site Plan Approval 4.244.1 Where permitted in the zone, and in accordance with the provisions of the Municipal Government Act, the Development Officer may issue a development permit, upon approval of a site plan approval of moderate -density residential development, or a commercial, institutional, recreational or industrial development, as indicated in zones where such approval may be considered, in which the following requirements have been addressed: a) approval by the authority having jurisdiction for sewage disposal either by an on -site sewage disposal system, or by connection to a municipal central sewer, or by connection to a sewage disposal system satisfying the design and construction requirements of the Municipal Specifications adopted by Council; b) adequate emergency vehicle access; c) adequate solid waste collection access; d) approval by the authority having jurisdiction for access to any public street; e) adequate on -site potable water supply for domestic use and fire suppression, such as not to negatively impact existing abutting developments; f) location of new buildings and additions to existing buildings within the permissible building envelope, and no less than twenty (20) m from any watercourse, water body, or wetland; g) location and design of on -site loading and parking areas to facilitate safe access between building(s) and vehicle parking and maneuvering areas; h) screening of parking areas and any outside storage areas from adjacent properties and from the public street by a fence at least 1.2 m high or an equivalent combination of berms or landscaping; i) location and design of walkways and any outside storage areas so as to facilitate building access, and shall be surfaced with stable materials to prevent dust from blowing onto adjacent properties; j) provision of a landscaped buffer consisting of a combination of trees, shrubs, plants and grass, or retention in the form of existing vegetation, in the front yard, side yard and rear yard, exclusive of parking, driveways and pedestrian walkways, a minimum of 25% of the total land area; k) retention and incorporation of existing vegetation into the site landscaping, including the protection of environmentally sensitive areas; 1) with regard to watercourses and water bodies: (i) maintenance of a vegetated buffer of twenty (20) m in depth from the ordinary high-water mark of a watercourse or water body; (ii) retention, replanting and maintenance of the vegetated buffer, in tree cover and understory vegetation to at least 75% of the linear water body frontage of the buffer, and not as a maintained, mowed lawn; (iii) allowance of a 3.5 m wide opening in the vegetated buffer for access to watercourses and water bodies by means of docks, decks and pathways; (iv) allowance of small accessory structures shall be permitted within the vegetative buffer so identified. m) indication on the site plan approval of all easements where applicable; n) indication of measures including lot grading and the limitation of impermeable surfaces, such as concrete and asphalt, to areas for access, parking, and pedestrian walkways so as to demonstrate satisfactory stormwater drainage; o) other than the minimum infilling required for construction of boathouses, slipways, wharves and bridges, indication of adequate management of land levels within twenty (20) m of any watercourse, water body, or the sea such that they are not altered by filling in of land greater that 0.3 m above the natural ground surface; p) provision of outdoor lighting fixtures with full horizontal cut-off such that direct illumination does not extend beyond the lot lines of the development; q) all buildings and all other structures, lawns, trees, shrubs, parking areas, lighting systems, and other landscaping elements shall be maintained in a tidy, attractive and useable state free of unkempt matter of any kind; and the development shall not generate emissions such as dust, 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 the adjacent properties. 4.243.2 Notwithstanding site plan approval requirements, accessory structures under fifty (50) m2 shall not require site plan approval but shall be approved by development permit. 4.243.3 The applicant shall enter into a written undertaking to carry out the terms of the site plan approval. 4.254 Stormwater Standard 4.254.1 Residential developments comprising 12 or more dwelling units; or a commercial, institutional, light industrial or heavy industrial development with a gross floor area over 1,000 m2 or occupying a land area over 6,000 m2 shall submit a storm drainage plan, furnished by a qualified professional, namely an engineer, using stormwater management best practices such that: a) surface runoff from impermeable sufaces, and rooftop runoff from downspouts, shall drain across permeable areas such as yards, vegetated areas or other permeable surfaces, utilizing rain gardens, drainage swales or other stormwater control methods, before entering any watercourse, water body, wetland, stormwater system, or drainage ditch; b) peak post -development flows do not exceed pre -development flows for all major storms including extreme weather events (1 in 20 -year storms). 4.2 Temporary structures 4.26§.1 4.26§.2 4.265.3 4.265.4 Temporary uses: special occasions Nothing in this By-law shall prevent the use of land for the erection of temporary structures or signs for a special occasion organized and operated by the Municipality, a non-profit organization, or private household. Such use of land shall not require a development permit. Temporary structures: incidental to construction A temporary structure incidental to construction of a main building, including but not limited to a mobile site office, tool shed, scaffold, shipping container or temporary shelter of goods, shall require a temporary development permit. The temporary structure shall be removed no more than six (6) months from issuance of a temporary development permit for said temporary structure. Temporary structures: special occasions A temporary structure for special occasions and holidays, including but not limited to community or private celebrations, and commercial promotions, shall not require a development permit, shall not be installed more than ten (10) days prior to the start of the special occasion and shall be removed no more than ten (10) days following the termination of the special occasion. Temporary signs: special occasions Nothing in this By-law shall prevent the use of land, the use of structures or the erection of signs during and for the purposes of municipal, provincial or federal election campaign provided such uses are terminated and such signs are removed within seven days following the election. 4.27 Variances 4.276.1 The Development Officer may grant variances of the required minimum or maximum for: a) the number of parking spaces; b) the number of loading spaces; c) percentage of land that may be built upon; d) size or other requirements relating to yards; e) lot frontage, lot area, or both lot frontage and lot area provided the lot existed on the effective date of this By-law or a variance was granted for the for the lot at the time of subdivision approval; f) the ground area and height of a structure; g) the floor area occupied by a home -based business; and h) the height and area of a sign. 4.276.2 In considering these variances, no variance shall be issued unless the development permit application is supported by a location certificate or survey plan showing the location of the parking area, loading area, and structures in relation to the property boundaries. 4.2* Vehicle Habitation & Storage 4.287.1 An automobile, truck, bus, coach, rail car, recreational vehicle or other vehicle, or part thereof, with or without wheels, may be used for human habitation with no requirement for a development permit unless listed in the zone standards. 4.287.2 Storage of a recreational vehicle is permitted on any lot, except as noted within specific Zone Standards. 4.287.3 Notwithstanding 4.287.1 and 4.287.2, additional requirements related to the habitation and storage of vehicles are detailed in the zone standards where applicable. 4.287.4 Section 4.287 shall not apply to recreational vehicles in campgrounds and RV parks. 4.2 Watercourses, Water Bodies, and Wetlands 4.298.1 Lakefront Overlay a) any developments on a lot subject try the a t v r rle Lakefront Overlay (Schedule "B") shall require a development permit; b) main buildings are not permitted within the arca covered by the Lakefront Overlay. For greater clarity this covers lands within twenty (20) m of the ordinary high water mark of any water body identified on Schedule "B"; c) Small accessory structures, fire -fighting impoundments and structures related to water systems shall be permitted with the Lakefront Overlay subject to the provisions of this By -Law; d) Impermeable surfaces within the Lakefront Overlay shall not exceed 25% of the total lakefront overlay arca of the lot area -of the-/-6,-/-including buildings and hard -surface landscaping. 4.298.2 Watercourses, Water Bodies, and Wetlands a) all uses requiring a development permit shall place all buildings at least twenty (20) m from the ordinary high-water mark of any wetland, watercourse or water body; b) setback and minimum yard requirements shall not apply to fire -fighting impoundments, small accessory structures and structures related to water systems, or where otherwise permitted in this By-law. c) if a property owner disagrees with the location of a watercourse, water body or wetland as shown on the Nova Scotia 1:10,000 topographic database, a professional assessment may be submitted by the property owner or their representative proving that the boundaries of a watercourse, water body or wetland have changed or that no water feature is present. In such circumstances, the setbacks, if applicable, being in accordance with the Professional assessment. 4. Wharves, slipways and docks 6.4 Settlement Residential Two Zone 6.4.1 Permitted Uses and Developments The following uses are permitted in the Settlement Residential Two (SR -2) zone subject to the specified approval process and standards: Max. Approval Min. Front Min. Side Min. Rear Height of Process Yard Yard Yard Structure Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement Residential 1 - 2 dwelling units on a lot ............................................................................................................... 3 - 11 dwelling units on a lot . ................................................................................................................ 12 or more dwelling units on a lot ................................................................................................................... Land Lease Communities DP SP DA ............. DA 1.5m 1.5m 1.5m 11m 31- m m 34-5m 11m Commercial / Institutional Golf Courses ......................................................................................................................... Marinas Tourist Accommodations up to 20 units Carnppunds an_ RV Parks up to 10sites/units Any other commercial or institutional use or combination of uses not listed in section 6.4.2 with a gross floor area less than 100 m2 or which occupies a land area less than 500 m2, whichever is lesser Any other commercial or institutional use or combination of uses not listed in Section 6.4.3 with a gross floor area between 100 m2 and 500 m2 or which occupies a land area between 500 m2 and 2000 m2, whichever is lesser DA DP DP 1.5 m 10m none 11 m 7.5 m 7.5 m 7.5 m 11 m DP 1.5m 3m 3m 11m SP 1.5m 3m 3m 11 m Light Industrial Max. Approval Min. Front Min. Side Min. Rear Height of Process Yard Yard Yard Structure Any other light industrial development or combination of developments not listed in Section 6.4.2 with a DP 7 m 7 m 7 m 11 m gross floor area less than 100 m2 or which occupies a /and area less than 500 m2, whichever is lesser Any other light industrial development or combination of developments not listed in Section 6.4.2 between 100 m2 and 500 m2 of SP 7 m 7 m 7 m 11 m gross floor area or which occupies a land area between 500 m2 and 2000 m2, whichever is lesser Research Facility DP 1.5 m 3 m 3 m 11 m Other Outdoor Cannabis Production Facilities ForestryProcessin9........................................._DP.._..._......_..................5....m 5 m 5 m 11m Waterfront Parks not owned by the Municipality Permitted subject to the provisions of section 4.4 DA 6.5 Mixed -Use Zone Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement 6.5.1 Permitted Uses and Developments The following uses are permitted in the Mixcd Us approval process and standards: U) Zone subject to the specified Max. Approval Min. Front Min. Side Min. Rear Height of Process Yard Yard Yard Structure Residential 1 - 4 dwelling units on a lot .................................................................................................................. 5 - 11 dwelling units on a lot .................................................................................................................... 12 or more dwelling units on a lot ......... ....................................................................................................... Land lease communities DP 1.5 m 1.5 m 1.5 m none SP DA DA 3m 3m 3 m none Commercial / Institutional Campgrounds and RV Parks up to 20 sites Campgrounds and RV Parks or: than 21 sites DA or more Golf Courses Marinas Tourist Accommodations up to 20 units ... .. ........................................................................................................ Tourist Accommodations 20-50 units .................................................................................................................... Tourist Accommodations more than 50 units Recycling Depots Any other commercial/institutional development or combination of developments with gross floor area up to 2000 m2 or which occupies a land area up to 6000 m2, whichever is lesser DA DP DP 10 m 10 m 10 m none 5 m 5 m none none DP 7.5 m 7.5 m 7.5 m none SP 7.5 m 7.5 m 7.5 m none DA DP 5m 5m 5.m none DP 5 m 5 m 5 m none Max. Approval Min. Front Min. Side Min. Rear Height of Process Yard Yard Yard Structure Any other commercial/institutional development with gross floor area greater than 2000 m2 or which occupies a land area greater than 6000 m2, whichever is lesser DA Light Industrial Abattoirs less than 2500 m2 ......................................................................................................... Aggregate processing Aquacu/ture, including inland fish farms a n d hatcheries ......................................................................................................... Indoor Cannabis Production Facilities . ..................................................................................................... Salvage yards less than 2500 m2 ......................................................................................................... Any other light industrial development or combination of developments with gross floor area up to 2000 m2 or which occupies a land area up to 6000 m2, whichever is lesser .................................................................................................................... Any other light industrial development or combination of developments with gross floor area greater than DA 2000 m2 or which occupies a land area greater than 6000 m2, whichever is lesser SP 10 m 10 m 10 m none Permitted subject to the provisions of section 4.2 DA DP SP 10 m 10 m 10 m none 5m 5m 5 m none DP 5 m 5 m 5 m none Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry Processing DP 5 m 5 m 5 m 11m Waterfront Parks not owned by the Municipality P Y DA Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement 9.4 Lakeside Zone 9.4.1 Lakeside Zone In addition to the underlying zone requirements, the Lakefront over/aycriteria shall apply to all development. 9.4.2 Permitted Uses and Developments The following uses are permitted in the Lakeside (LS) zone subject to the specific approval process and standards: Max. Approval Min. Front Min. Side Min. Rear Height of Process Yard Yard Yard Structure Residential 1-2 dwelling units on a lot DP 3 m 3m 3m 11 m Home -based Business Other DP Subject to section 9.4.6 Forestry Processing DP Farm Animals Sherbrooke Lake United Church Camp (P/D 60113842) Waterfront Parks not owned by the DA Municipality DP DP 5m Subject to section 9.4.7 Subject to section 9.4.8 5m 5m 11m 9.4.3 Prohibited Uses and Developments The following uses and developments are prohibited in the Lakeside (LS) zone. a) all light and heavy industrial uses; b) commercial uses. 9.4.4 Special Requirement: Vegetated Buffers Within the Lakeside (LS) zone a vegetated buffer area is required to lessen the impact of surface and subsurface runoff on water quality. Vegetated buffers reduce sedimentation and help protect property from erosion. ESTER SCHEDULE B PROPOSED VILLAGE LAND USE BY-LAW HOUSEKEEPING AMENDMENTS Municipality of the District of Chester Community Development Department Amendments to the Chester Village Land Use By-law Be it enacted by the Council of the Municipality of Chester as follows: 1) Amendments to Section 3.4 Interpretation of Zone Boundaries, to add wording to address the adoption of revised maps from time to time as the province updates data; 2) Amendments to Section 4.5 Waivers and Exemptions, to add language explaining that certain By-laws are exempt from LUB provisions, including but not limited to: Outdoor Dining By -Law #153, Trade and Licensing By -Law #11. Underlined text is added. strikethrough text is deleted. 3.4 INTERPRETATION OF ZONE BOUNDARIES The boundaries of zones shall be as shown on Schedule "A" and shall be more precisely located as follows: i) where a zone boundary is shown on or within the boundaries of a street or highway the boundary shall be the centre line of such street or highway as shown; where a zone boundary approximately follows property lines the boundary shall follow such property lines; iii) where a street, highway or watercourse is shown on Schedule "A", it shall unless otherwise indicated be included in the zone of the adjoining property on either side thereof; Subject to clause (v) below, where an electrical transmission line right-of-way or watercourse is included on the zoning maps and serves as a boundary between two or more different zones, a line midway on such right-of-way or watercourse and extending in the general direction of the long axis thereof shall be considered the boundary between zones unless specifically indicated otherwise; v) where a zone boundary is indicated as following the shoreline of a lake, ocean or harbour the boundary shall follow the Mean High Water line of the year 1981 as shown on Schedule "A" including wharves and piers, regardless of whether subsequent alterations to the shoreline may have changed the actual mean high water line; vi) where none of these above provisions apply, and where appropriate, the zone boundary shall be scaled from the attached Schedule "A". laps shown in Schedule "A" are revised from time to time accurate information when property data is undated by tl vi 0 -oved data or 4.5 WAIVERS AND EXEMPTIONS 4.5.1 Accessory Uses No development permit shall be required for any use which is accessory to a permitted use. 4.5.2 Accessory Structures Accessory structures shall be permitted in any zone but: i) shall not contain kitchen facilities and shall not be used for human habitation; and ii) shall not be built closer than 1.2 metres (4 feet) to any rear or side lot line except that: a) common semi-detached garages may be centred on the mutual side lot line; and b) accessory buildings with no windows or perforations on the side of the building which faces the said lot line, may be located a minimum of 0.6 metres (2 feet) from the said lot line; and c) with the consent of the property owner below the high water mark, fishing gear sheds, boat houses and boat docks may be built across the lot line when the line corresponds to the water's edge; and d) special requirements apply to accessory structures in the Estate Residential zone (see Subsection 5.3.6), the Waterfront Residential Zone (Subsection 5.4.4), the Water Access Zone (Subsection 11.2). iii) shall not be located or built within 1.5 metres (5 feet) of the main building, except that a fence or wall may join an accessory structure with a main building; accessory structures in the inner Architectural Control Areas are subject to the requirements of Section 4.6 v) accessory structures in the Highway 3 Development Area are subject to the requirements of Section 4.10 4.5.2A In addition to the requirements of 4.5.2, outdoor wood furnaces shall be located a minimum of 45 metres (150 feet) from any lot line and 90 meters (300 feet) from dwellings on adjacent lots, shall not have a chimney height lower than the eaves of the building which it serves, but in any case not lower than 5 meters (16 feet), and shall be kept locked when unattended. 4.5.3 Minor Accessory Structures No development permit shall be required for miscellaneous minor accessory structures such as, by way of example but not to limit the generality of the foregoing: retaining walls; children's play structures; cold frames; garden trellises; clothes line poles; pet houses; monuments; and interpretive displays. 4.5.4 Private Storage Where there is no other main building on the lot, private storage buildings, including but not limited to private garages, private boathouses, and fishing gear sheds, shall be pei witted in any zone subject to the zone standards for yards. 4.5.5 Construction Accessories Nothing in this by-law shall prevent the use of land or the use or erection of temporary structures incidental to construction, such as but not limited to, a construction camp, tool shed, scaffold, sales office or rental office incidental to construction and no development permit for such temporary uses or structures shall be required, provided that a development permit for the main structure under construction has been issued. Such temporary use shall be terminated no more than sixty (60) days after the completion of the construction of the main structure. 4.5.6 Special Occasions (a) Nothing in this by-law shall prevent the use of land or the erection of temporary buildings, structures or signs for special occasions and holidays not to exceed two weeks in duration and no development permit shall be required for such temporary uses, provided that such uses or structures remain in place for no more than seven (7) days following the termination of the special occasion or holiday. (b) Nothing in this by-law shall prevent the use of land, the use of structures or the erection of signs during and for the purposes of municipal, provincial or federal election campaigns provided such uses are terminated and such signs are removed within seven (7) days following the election. 4.5.7 Uses Permitted In All Zones Public Streets, Public Utilities, Public parks, private parks, and cemeteries shall be permitted in any zone, and structures within them shall be subject to the requirements of Section 8.2 and of Section 4.1. 4.5.8 Lots Lacking Minimum Area Or Frontage Notwithstanding minimum lot area requirements and lot frontage requirements established elsewhere in this by-law, a lot which does not satisfy these minimum requirements for lot area, lot frontage, or both; and either was in existence on or before 16 April, 1987 (see MGA Sec. 291) or satisfies one or more of the following requirements (i) to (v) may be used for a purpose permitted in the zone in which the lot is located, and a structure may be erected on the lot, provided that all other applicable provisions of this by-law except for the minimum lot area and frontage requirement, are satisfied: i) The lot has been created after 16 April, 1987 by the consolidation of two or more lots, by the expansion or increase in size of an existing lot, by subdivision under the variance provisions of the Municipal Government Act or by an instrument to which the Municipal Government Act does not apply; or The lot is located upon an island, in which case the required frontage shall be measured either along the Ordinary High Water Mark or along a right-of-way at least 6 metres (20 feet) wide to the ocean; or iii) No part of the lot is located in the Protected Watershed Zone and the lot has access to a public street by means of a right-of-way of no less than 20 metres (66 feet) in width in which case the required frontage shall be measured along the boundary of the right-of-way; or No part of the lot is located in the Protected Watershed Zone and the lot has access to a public street by means of a right-of-way listed both in Schedule "B" to the Subdivision By-law and Schedule "B" to this Land Use By-law, in which case the required frontage shall be measured along the boundary of the right-of-way; or v) No part of the lot is located in the Protected Watershed Zone and the lot has access to the public street by means of a right-of-way at least 3.6 metres (12 feet) in width in accordance with Policy 5.2.2 of the Planning Strategy. 4.5.9 Conformity with Existing Setbacks Notwithstanding setback requirements established elsewhere in this by-law, a building to be constructed between existing buildings, may be built with a front yard equal to or greater than the average front yard of any immediately adjacent buildings on either side, provided that the proposed building shall not encroach upon any public street right-of-way, and further provided that the immediately adjacent buildings are within 30 metres (100 feet) of the building to be constructed. This provision does not apply within the Highway 3 Development Area shown on SPS Map 7. 4.5.10 Existing Structures Where a structure which is not a sign has been erected on or before the effective date of this by-law, or subsequently in accordance with a development pc,mit, with less than the minimum front yard, flankage yard, side yard, rear yard or any other open space required by this by-law, or on a lot having less than the minimum area or frontage, the structure may be used as permitted in the zone in which the structure is situated; and , provided that the application for a development permit is supported by a location certificate or survey plan showing the location of the structure in relation to the boundaries of the property, the structure may be: enlarged, reconstructed, repaired, renovated, or replaced by a new structure, provided that the structure shall not thereby be permitted to extend or increase any existing encroachment into the minimum front, flankage, side or rear yard required in that zone except by the operation of Subsection 4.5.14. relocated, provided no encroachment into the minimum front, flankage side, or rear yard required in that zone shall be permitted except by the operation of Subsection 4.5.14. 4.5.11 Restoration to a Safe Condition Nothing in this by-law shall prevent the strengthening or restoring to a safe condition of any structure, provided in the case of a non -conforming use the provisions of the Municipal Government Act shall prevail. 4.5.12 Height Regulations The height regulations of this by-law shall not apply to spires on a church, public water tanks, flagpoles, telecommunications towers or chimneys. 4.5.13 Small Scale Business Uses Permitted y In all zones, any lot used for residential purposes may be used for small scale business purposes provided that all of the following requirements are satisfied: i) the business shall be located in a dwelling unit on the same lot as the residential use or in an accessory building on the same lot as the residential use; ii) the owner of the business shall live in the main residence on the property; iii) subject to limitations on the uses permitted in particular zones as specified elsewhere in this by-law, the business use shall fall within one of the following types of uses: a) Offices b) Boarding or Rooming Houses c) Craft Workshops d) Guest Houses e) Personal Service Shops 0 Studios for the practice or instruction of fine arts or crafts g) Repair Shops h) Residential Day Care Centres i) Taxicab Operations retail sales shall be limited to: the sale of products made, assembled, refinished, or repaired on the premises; and the sale of any goods or materials used in any of the processes involved in the primary business use; v)the business use shall occupy a total of no more than 37 sq. m. (400 sq. ft.) or 25 percent of the floor area of the dwelling, whichever is less, except for Guest Houses, where the maximum size of the business shall be three (3) rental units, and except for boarding houses, where the maximum number of boarders or roomers shall be three (3). v) a minimum of two (2) off-street, customer parking spaces shall be provided on the lot, in addition to the space required for the residence itself; vi) there shall not be more than one (1) sign on the lot related to the business use. The sign shall be non -illuminated, -shall not exceed 0.5 sq. m. (5 sq. ft.) in area and shall not be a portable sign as specified within this By-law. vii) the use shall not emit noise, odour, dust, light, or radiation that would be a nuisance or is uncustomary in a residential neighbourhood and, on the lot, there shall be no open storage or outdoor display of materials or products related to the business use; viii) no more than two (2) commercial vehicles including taxicabs related to the business use shall be kept upon or operated from the lot on which the business is located; the use shall not include an animal shelter or animal hospital. 4.5.13A Yard Sales Nothing in this by-law shall prevent retail sales events accessory to residential uses provided that: (a) articles for sale shall include only the tangible personal property of the residents conducting the sale; (b) there shall be no more than four such retail sales events on any property during each year; (c) no such retail sales event shall last longer than four consecutive days; and (d) retail sales shall be conducted only during daylight hours between sunrise and sunset. 4.5.14 Variance From Minimum Requirements (a) In accordance with the Planning Strategy, the Development Officer may grant a variance from the requirements of this by-law for the number of parking or loading spaces required the ground area and height of a structure, the floor area occupied by a home -based business, and the height and area of a sign. (b) In accordance with the provisions of Section 235 of the MGA the Development Officer may grant a variance from the requirements of this by-law for the percentage of land that may be built upon, size or other requirements relating to yards, lot area, and lot frontage. (c) In considering these variances, the intent of the Land Use By-law is to carry out the policies expressed in the Planning Strategy, and no variance shall be issued unless the development permit application is supported by a location certificate or survey plan showing the location of the parking arca, loading arca and structures in relation to the property boundaries. 4.5.15 Fences Subject to special requirements in the Waterfront Residential (WR) Zone and the Central Village Residential (CVR) Zone: a) Fences 2 metres (6 feet) or less in height are minor accessory structures for which no development permit is required; b) Fences greater than 2 metres (6 feet) in height but less than 3 metres (10 feet) in height are accessory structures subject to the requirements of Subsection 4.5.2; Fences 3 metres (10 feet) or greater in height are structures subject to the applicable yard requirements of the zone in which they are located. 4.5.16 Mobile Homes and Mini -homes Mobile homes and mini -homes are not permitted within the Inner Residential Area shown on SPS Map 6, Residential Areas. 4.5.17 Exemptions By Laws that are exempt from Laaad Use By -Law provisions included hut not limited to: Outdoor Dining By-Liw #153, Trade and Licensing By -Law #11. Sunday Monday Tuesday Wednesday Thursday Friday Saturday JULY 2023 1 2 3 CLOSED IN LIEU OF CANADA DAY 4 5 6 COW 7 8 9 10 11 4:00 Village PAC 12 13 COUNCIL 14 15 16 17 18 19 6 Municipal PAC 20 COW 21 22 23 30 24 25 3:30 RCMP Adv 6:00 EDI Comm 26 27 COUNCIL 28 29 Sunday Monday Tuesday Wednesday Thursday Friday Saturday AUGUST 2023 Proposed 1 2 3 COUNCIL 4 5 6 7 CLOSED – CIVIC HOLIDAY 8 4:00 Village PAC 9 10 COUNCIL 11 12 13 14 15 16 6:00 Municipal PAC 17 18 19 20 21 22 23 24 COW 25 26 27 28 29 6:00 EDI Committee 30 31 COUNCIL District Grants 2023-2024 Updated May 30, 2023 Requested Approved Date Approved FHCS Prom Committee 300.00$ 300.00$ April 27, 2023 TOTAL FUNDS APPROVED 300.00$ TOTAL FUNDS REMAINING 9,700.00$ FHCS Prom Committee 300.00$ 300.00$ April 27, 2023 Hubbards & Area Business Association: Community Garden 1,000.00$ TOTAL FUNDS APPROVED 300.00$ TOTAL FUNDS REMAINING 9,700.00$ Chester Playhouse Society: Reopening Celebrations 2,000.00$ FHCS Prom Committee 300.00$ 300.00$ April 27, 2023 TOTAL FUNDS APPROVED 300.00$ TOTAL FUNDS REMAINING 9,700.00$ FHCS Prom Committee 300.00$ 300.00$ April 27, 2023 TOTAL FUNDS APPROVED 300.00$ TOTAL FUNDS REMAINING 9,700.00$ FHCS Prom Committee 300.00$ 300.00$ April 27, 2023 Royal Canadian Legion, Western Shore: 4 special events 2,500.00$ 1,850.00$ May 18, 2023 TOTAL FUNDS APPROVED 2,150.00$ TOTAL FUNDS REMAINING 7,850.00$ Forties Community Centre: Oktoberfest 500.00$ 500.00$ Apirl 13, 2023 FHCS Prom Committee 300.00$ 300.00$ April 27, 2023 TOTAL FUNDS APPROVED 800.00$ TOTAL FUNDS REMAINING 9,200.00$ FHCS Prom Committee 300.00$ 300.00$ April 27, 2023 District 7 TOTAL FUNDS APPROVED 300.00$ TOTAL FUNDS REMAINING 9,700.00$ Total Funds Approved 4,450.00$ District Grant Budget 2023-2024 70,000.00$ Remaining Funds 65,550.00$ District 6 District 1 District 2 District 3 District 4 District 5 Page 1 of 2 MUNICIPALITY OF THE DISTRICT OF CHESTER ~ DISTRICT GRANT APPLICATION ~ Deadline to Apply: No deadline Name of Organization Contact Person Position with Organization Organization Mailing Address Phone: Cell: Email: Date: Signature of Signing Officer and position with Organization: Name: Position: Endorsement (check box) I declare I am a member of the organization and have authority to submit this application. AMOUNT REQUESTED: $ MUNICIPAL DISTRICT # 1) Please provide a brief description of your project or event. Note: Feel free to attach additional supporting documents if the space provided is not sufficient. Page 2 of 2 2) How do you plan on spending your District grant funds? 3) Please describe the positive effects your project will have on the community and how it supports the Municipal Strategic Priorities Framework (to view the Priorities document click the attached link or copy and paste it in your browser .) https://portal.laserfiche.ca/Portal/DocView.aspx?id=1236847&repo=r -0001f4a08362 or Google ‘Municipality of Chester Strategic Priorities’. Yes No If No, please submit your Final Report as soon as possible. _______________________________________________________________________________________ 5) Who should the cheque be made payable to and what address should we send it to if different from Page 1? Please email a pdf version of your application to : recreation@chester.ca OR mail a hard copy to: Recreation & Parks Services Municipality of the District of Chester 186 Central Street, PO Box 369 Chester NS B0J 1J0 *If you have any questions, please call us at 902-275-3490. 4) If you have previously received any grants from the Municipality, have you submitted the Final Report? REQUEST FOR DECISION Prepared By: Bruce Blackwood Date May 23, 2023 Reviewed By: Erin Lowe, Deputy CAO Date May 23, 2023 Authorized By: Tara Maguire, CAO Date May 23, 2023 CURRENT SITUATION Policy P-112, Fire Advisory Committee Terms of Reference, was approved by Council as of February 23, 2023. Policy P-112 was distributed to all Fire Departments, 6 Fire Commissions and the Village Commission. An initial request for the names and contact information for the designated FAC membership was sent out on February 1 st with follow ups on March 27 th and May 1 st, 2023. We have now received the names of the FAC voting membership from all fire service organizations. In the interim period, Council appointed Councilors Floyd Shatford and Tina Conners as t he Council representatives on the FAC. (Motion of April 27 (2023-230) from the Nominating Committee Motion (2023-216) of April 20) Policy P-112 requires that this list of members be approved by Council. RECOMMENDATION In accordance with Policy P-112, Fire Advisory Committee Terms of Reference, it is recommended Council approve the initial list of FAC membership as submitted by the MOC fire service organizations. BACKGROUND The Fire Advisory Committee was originally established in 1996 as Committee of Council and served as forum for the fire services to discuss issues with the Municipality and make recommendations. Full background on the Fire Advisory Committee was provided in COW of REPORT TO: Municipal Council SUBMITTED BY: Bruce Blackwood, Fire Services Coordinator DATE: May 23, 2023 SUBJECT: Fire Advisory Committee Membership ORIGIN: Fire Services 2 Request For Decision October 20, 2022. In summary, in August 2015 the MOC received notice that several of the Commissions and Fire Departments wished to withdraw representation on the Fire Advisory Committee. The FAC as outlined did not reconvene and Council repealed Policy P66 Fire Advisory Committee Terms of Reference in Motion 2021-055 of January 28, 2021. After consultation with the MOC fire services, revised Terms of Reference for a new FAC, Policy P-112, was approved by Council as of February 23, 2023. D ISCUSSION The Municipality of the District of Chester (MOC) Fire Advisory Committee (FAC) is a Committee of Council of the Municipality of Chester, appointed by Council, to review, advise and recommend upon issues pertaining to the development and maintenance of cost -effective fire and emergency response services meeting the needs of the citizens of the Municipality. IMPLICATIONS Policy Policy P112 Fire Advisory Terms of Reference (February 13, 2023) Financial/Budgetary N/A Environmental N/A Strategic Plan Reference to: • Maintain a high level of fiscal responsibility • Continually improve public satisfaction with municipal services Work Program Implications Covered in work program of Fire Services Coordinator. OPTIONS 1. In accordance with P-112, approve the FAC membership list as submitted (May 2023) by the fire service organizations within MOC. 2. Direct staff to seek revisions to the membership list. A TTACHMENTS FAC Membership list as of May 2023 COMMUNICATIONS (INTERNAL/EXTERNAL) N/A FAC Membership May 2023 District Organization Voting Member Designated Alternate District 1 (Blandford) District 1 Commission Chuck Bennett (Chairperson) Ted Duchene (Vice Chairperson) Blandford Fire Rescue Chief Mike Schnare (Chief) Chris Turpin (Deputy Chief) District 2 (Hubbards) District 2 Commission Tina Schwartz (Chairperson) Joan Kaizer (Vice Chairperson) Hubbards FD Clary Coolen (Chief) Mitchell Kaizer (Deputy Chief) District 4 (Chester Basin) District 4 Commission Len Stevens (Chairperson) Cliff McKinnon (Treasurer) Chester Basin FD Doug Rines (Chief) Blake Rafuse (Deputy Chief) District 6 (New Ross) District 6 Commission Dale Broome (Commissioner) Cameron Broome (Secretary) New Ross FD Lyle Russell (Chief) Bryce Russell District 5 (Western Shore) District 5 Commission Lawrence Sawler (Chairperson) Carolyn Wells (Secretary) Western Shore FD Jared Swinemar (Chief) Jeff Young (Deputy Chief) District 5 (Martins River) Martins River Commission Stuart Hirtle (past Chief) TBA Martins River FD Scott Rafuse (Chief) Dana Hirtle (Captain) District 3,7 and 1 (Chester) Chester Advisory Committee Colin Macdonald (Appointed) Norman Countway (Appointed) Chester FD Jon Waddell (Captain) Cody Stevens (Chief) MOC Councilors Floyd Shatford Tina Conners REQUEST FOR DIRECTION REPORT TO: Municipal Council MEETING DATE: June 8, 2023 DEPARTMENT: Community Development & Recreation SUBJECT: Front Habour Property ORIGIN: Council Direction Date: May 31, 2023 Prepared by: Chad Haughn, Director CD&R Date: June 2, 2023 Authorized by: Tara Maguire, CAO RECOMMENDED MOTION/ACTION It is recommended that Council review the information related to PID 60395951 and determine if there is any Municipal interest in the property. CURRENT SITUATION PID 60395951, located on Nauss Point Road in the Village of Chester, is listed in the Property Online database as “Owner Unknown”. There is a footpath on this property that has been used by some local residents overtime to access the water. More recently, a neighbor has reportedly been using the property for personal use. BACKGROUND The recent use of the Owner Unknown property has been the cause concern by some neighbors. Following is a list of properties that are primarily impacted by this situation: 31 Nauss Point Road, PID 60092251 Owners of the property / house across the road from the Owner Unknown property and have used the water access point and they are interested in the continuation of that access to the water. 32 Nauss Point Road, PID 60395944 (Wharf) A new wharf was recently built on this property. The wharf is surrounded by the Owner Unknown property. 35 Nauss Point Road, PID 60092236 (Home) & 60385341 (Wharf) Complaint December 2022: concerns related to how the Owner Unknown property was being used by neighbour. 30 Nauss Point Road, PID 60092004 Adjacent property on the north side of the Owner Unknown property. 36 Nauss Point Road, PID 60091923 & 60637998 Adjacent property on the south side of the Owner Unknown property. R e q u e s t f o r D i r e c t i o n P a g e | 2 DISCUSSION The property highlighted in yellow on the map below is the Owner Unknown property and the photo shows the path to the water as well as the new wharf (32 Nauss Point Road) on the left of the path. R e q u e s t f o r D i r e c t i o n P a g e | 3 Currently, the Municipality has no connection to this property. The Department of Finance has reported that taxes are not being paid on this property. It recently was assigned an Assessment Account Number and assessed (triggered by a public inquiry) but is not yet ready for tax sale. When it goes up for tax sale, the Municipality is required to provide DNRR with 120 days notice. If the Municipality felt that there is enough evidence proving that this location has acted as a public access point to the water, consideration could be given to acquiring the property so that this activity can continue into the future. Given the location, size of the property and the neighboring wharf, it is unlikely that much could be done with the property other than modest improvements to the site. There is no physical space for parking or any significant infrastructure. OPTIONS 1. Take no action. Property owners to resolve any civil issues as appropriate. 2. Seek legal opinion on option to acquire the property for public use (i.e. expropriation). 3. Request additional information from staff or solicitor. IMPLICATIONS By-Law/Policy NA Financial/budgetary There is no financial impact unless Council decides to get involve with an option such as expropriation. At the time of decision, cost estimates can be provided. Environmental NA Strategic Priorities If Council chooses to become involved with this property it could assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Economic Development 1. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses, and organizations, and as an international tourism destination. Priority Outcomes: Healthy & Vibrant Communities 1. Ensure residents have access to facilities, natural assets, programs, and services that enrich a quality of life and provide safe communities for residents and visitors alike. Work Program Implications Any further work on this property is not part of current staff workplans. Has Legal review been completed? ___ Yes _X _ No __ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) NA REQUEST FOR DIRECTION REPORT TO: Council MEETING DATE: June 8, 2023 DEPARTMENT: Community Development & Recreation SUBJECT: Building Official Vacancy ORIGIN: Building Official Staff Date: May 31, 2023 Prepared by: Chad Haughn, Director of CD&R Date: June 2, 2023 Authorized by: Tara Maguire, CAO RECOMMENDED MOTION/ACTION It is recommended that Council review the Building Official position vacancy and provide direction on next steps to fill the position. CURRENT SITUATION The Building Official Level 1 position is currently vacant and despite job advertising, there has been no progress made after four months to fill the position. A few resumes have been submitted, however, none of the applicants were qualified building officials. BACKGROUND In December 2022, Council made the decision to not participate in the regional shared services model for building and fire inspection. As part of that decision, it was recognized that the Municipality needed to have an appropriate compliment of staff for continuity of service. At that time, it was decided that the level of staff required for building inspection services include a Building Official Level 2, Building Official Level 1, and a Building Official Trainee. The Building Official Level 2 and the Trainee positions are both filled; however, we have not been successful in filling the Building Official Level 1 vacancy. Position Staff Notes 1 Building Official Level 2 Brent Haase Anticipated to retire in 3 – 5 years. 1 Building Official Level 1 Vacant Some part-time coverage being completed by Jim Holt (7-14 hours per week). 1 Building Official Trainee Jared Stevens 1 course completed to date. Expected to have Intern Status by October 2023. Residential qualification is anticipated by March 2024 and Level 1 by the end of 2024. It is anticipated that Brent will retire in the next 3 – 5 years. Since we are required to have a Level 2 Official on staff, it is expected that the Building Official Level 1 and/or the Trainee will upgrade their qualifications and become a Building Official Level 2 over time. R e q u e s t f o r D i r e c t i o n P a g e | 2 The progression of building official training for someone that has no training is as follows: *See attached summary of qualification requirements from the Nova Scotia Building Officials Association. DISCUSSION Building Official Trainee The Building Official Level 1 and Trainee positions were both advertised in January 2023 (social media, newspaper, municipal listserv, NSBOA). There was a significant amount of interest and Trainee position was successfully filled with internal candidate Jared Stevens. As outlined above, it is going to take Jared approximately two years to become a qualified Level 1 Building Official based on when courses are offered and the time it takes to achieve all the requirements of the training. Building Official Level 1 Since January 2023, several applications were received for the Building Official Level 1 position, however, none of the applicants had Building Official qualifications. The vacancy has remained open since January and staff are not confident that the position will be filled any time soon. One alternative is to hire a second Trainee and start them on the path towards obtaining their Level 1 qualification. This option is not ideal as it will take approximately two years (if the applicant does not have any qualifications) for the individual to become qualified and does not allow for immediate assistance with inspections. A second alternative is to hire a human resource recruiting firm to try some targeted recruiting. If recruitment takes place outside of Nova Scotia, there are requirements to become certified in Nova Scotia so there would be some delay before the individual would be qualified. It is costly to hire a recruiting firm with typical costs about 20% of the salary for the position to be filled. OPTIONS 1. Status Quo, operate with the existing staff and continue to try and fill the Building Official Level 1 position. 2. Hire a second Trainee and support them to become a qualified Building Official. 3. Hire a human resource recruiting firm to try and attract a qualified applicant. 4. Request additional information from staff. IMPLICATIONS By-Law/Policy NA Financial/budgetary All of the Building Official positions mentioned in this report have been included in the 2023-24 operating budget. The hiring of a recruiting firm is not part of the budget. Intern Program Residential Qualification Level 1 Qualification Level 2 Qualification R e q u e s t f o r D i r e c t i o n P a g e | 3 Environmental NA Strategic Priorities The recruitment of Building Officials will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Economic Development 1. Partner in the development of infrastructure and opportunities for business development and attraction. 2. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses, and organizations, and as an international tourism destination. Priority Outcomes: Governance & Engagement 1. Ensure municipal service delivery is efficient and effective, communicated and accessible. Work Program Implications Any changes to the recruitment for the Building Official position will be implemented as soon as possible. Hiring staff takes a significant amount of time for each position – updating job descriptions, advertising, shortlisting, interviewing, reference checks, hiring paperwork and onboarding. Has Legal review been completed? ___ Yes _X _ No __ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) Position vacancies will be advertised through the usual avenues. ATTACHMENTS 1. NSBOA Building Official Qualification Requirements Summary. Outline of the NSBOA Professional Studies Program **not to be repeated if completed intern program October 2022 Intern Program Residential Qualification Level 1 Qualification Level 2 Qualification Prerequisites 2 years post secondary education or equivalent. Associate Member of NSBOA. 2 years post secondary education or equivalent. Trade Certification, equivalent experience or completed the Intern Program. Regular Member of NSBOA in good standing. Residential Qualification. Completed 120 inspections as a Residential Building Official. Regular Member of NSBOA in good standing. Level 1 Qualification. Completed 120 inspections as Level 1 Building Official. Regular Member of NSBOA in good standing. Required Training Courses Communications Legal Small Buildings Plumbing the House Communications** Legal** Small Buildings** Plumbing the House** Part 9 Plans Examination The House NS Barrier Free HVAC the House NSBOA 9.36 Part 3 - Health & Safety GB Part 3 - Complex Buildings Part 3 - Large Buildings ACBOA Part 3 – Plans Examination Field Training Must complete 120 field inspections under the mentorship of a Level 1 or 2 Building Official. Must complete 120 Residential field inspections under the mentorship of a Level 1 or 2 Building Official. Must complete 120 Level 1 field inspections under the mentorship of a Level 1 or 2 Building Official. Must complete 120 Level 2 field inspections under the mentorship of a Level 2 Building Official. Scope of Practice upon Completion Field inspections on NSBC Part 9 Group C single storey accessory buildings and single storey decks only. May accept building permit applications for intake. Field inspections of 1- & 2- Unit Group C buildings, their accessory buildings, and decks covered under NSBC Part 9. Plans examinations & field inspections on: All Part 9 NSBC buildings. Group A, Div. 1,2,3,4, and Group F, Div. 1 in a building not more than 200m2 in building area and not more than 1 storey in building height. Plans examinations & field inspections on all buildings covered by the NSBC. May take any course from Residential Qualification May take any course from Level 1 Program May take any course from Level 2 Program Level 2 Certification 2 years working as a Level 2 Building Official. Must have completed a minimum of 120 field inspections. REQUEST FOR DECISION REPORT TO: Council MEETING DATE: June 8, 2023 DEPARTMENT: Infrastructure and Operations SUBJECT: Award AT Sidewalk Construction – Phase 1 ORIGIN: Modal Shift and New Connections 2020-2027 Date: May 30, 2023 Prepared by: Tammie Bezanson, CET Date: May 31, 2023 Reviewed by: Fred Whynot, P. Eng., Director of Public Works Date: June 2, 2023 Authorized by: Tara Maguire, CAO RECOMMENDED MOTION That council award the tender for the construction of four sidewalks which are part of our Modal Shift and New Connections group of projects to Dexter Construction Company Limited in the amount of $2,904,469.39. CURRENT SITUATION The Department of Infrastructure and Operations issued a tender for construction for four (4) sidewalks identified in the Model Shift and New Connections Report. The sidewalks are: 1. Hubbards – Hwy 329 to trail – 60m 2. Chester Basin – Hwy 3 to Trail Head – 370m 3. Chester – Duke St. to Victoria St – 660m 4. Chester – Our Health Centre to Pig Loop Road – 160m BACKGROUND The initial project list of sidewalks was approved by Council on September 3, 2020. Council also incorporated those projects into the 5-year Capital Improvement Plan that was approved in December 2020. This tender covers the first four (4) of a planned eleven (11) sidewalks. DISCUSSION I & O issued a tender for construction of the first four (4) sidewalks on May 5th, 2023, closing on May 26th, 2023. Dexter Construction Company Limited was the only submission, with a tender price of $2,904,469.39 which includes our portion of HST. The tender was reviewed for compliance with the final price remaining as stated above. This tender is over budget. The following estimated numbers include our portion of HST. Construction Budget: $2,106,194.00 Engineering: $146,000.00 Tender Submission: $2,904,469.39 Total Estimated Construction Budget: $3,050,469.39 Overage: $944,275.39 In consultation with the consultant, similar tenders are coming in above projected costs. Supply chains and staff limitations are some of the expected reasons. This overage would be covered through the ICIP program. The resulting funding shortfall for remaining projects would be funded through other streams, subject to Council R e q u e s t f o r D e c i s i o n P a g e | 2 approval. Staff would also negotiate with the contractor prior to signing the contract to see if there would be potential cost savings without compromising the intent of the project, an ability we retain as part of the tender. OPTIONS Option A – Direct Staff to award the contract to Dexter Construction Company Limited for $2,904,469.39. Option B – Direct back to staff for further information. IMPLICATIONS By-Law/Policy Not Applicable Financial/budgetary These four sidewalk projects are included in the 23/24 capital budget (approved March 23, 2023), with a combined budget amount of $2,106,194. This was based on an the ICIP funding updates that were approved by council on Feb 9, which assumed $75K of spending in 22/23. The actual 22/23 spend was $62K. However, as the $13K isn’t sufficient to cover the overages, the full incremental budget is recommended to be approved now, with these projects being removed from the carryforward approval coming later. Environmental Not Applicable Strategic Priorities The design and future construction will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Healthy & Vibrant Communities 1. Ensure residents have access to facilities, natural assets, programs, and services that enrich a quality of life and provide safe communities for residents and visitors alike. 2. Develop an accessibility, diversity, and equity lens for municipal plans and services, and support partners in advancing accessible and inclusive communities. Priority Outcomes: Infrastructure & Service Delivery 1. Develop and implement evidence-based plans for future infrastructure and service needs, along with related funding models, to accommodate sustainable growth and levels of service. 2. Create efficiencies through innovative service delivery, and proactive maintenance and operations of existing infrastructure. 3. Plan for and create infrastructure that improves the connectivity of roads, multi-use trails, natural assets, and facilities as part of an active transportation network. Has Legal review been completed? ___ Yes _ _ No _X_ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) No communication needs are anticipated at this stage of the project. R e q u e s t f o r D e c i s i o n P a g e | 3 ATTACHMENTS n/a