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MUNICIPALITY OF THE DISTRICT OF CHESTER
CHESTER MUNICIPAL COUNCIL
Thursday, November 14, 2013 – 8:45 a.m.
AGENDA
1. MEETING CALLED TO ORDER.
2. MINUTES OF PREVIOUS MEETING:
2.1 Council – Wednesday, October 30, 2013
2.2 Emergency Meeting of Council – November 7, 2013
3. MATTERS ARISING:
3.1 2nd READING - BY-LAW – Amendment - By-Law #131 Waste Collection and Disposal By-Law –
including clarification of definitions; changes to tie in other policies/practices; time of placement of waste at
roadside; inclusion of Curbside Inspector.
3.2 2ND NOTICE – POLICY – Adoption - P-77 Designated Community Project Fund Policy – to establish
and maintain a Designated Community Project Fund reserve fund account in the Operating reserve section
to receive donations from the public or organizations to be dispersed to local community groups or projects
as a grant.
4. COMMITTEE RECOMMENDATIONS FOR APPROVAL:
4.1 Fire Advisory Committee – October 16, 2013 – Deputy Warden Shatford
4.2 Village Planning Advisory Committee – October 30, 2013 – Councillor Armstrong/Church-Cornelius
a. Memo from Senior Planner dated November 7, 2013 regarding building Height Definition
(Appointment at 9:00 a.m. with Senior Planner)
4.3 Municipal Planning Advisory Committee – October 29, 2013 – Councillor Armstrong/Church-
Cornelius
a. Memo from Senior Planner dated November 7, 2013 regarding Radio Telecommunications
Antenna tower – Chester Basin.
4.4 Building Code & Unsightly Premises Committee – October 25, 2013 – Deputy Warden Shatford
5. COMMITTEE MINUTES FOR APPROVAL (following approval of Committee):
5.1 None at this time.
6. CORRESPONDENCE:
6.1 Correspondence dated October 24, 2013 from Municipality of the District of West Hants regarding
proposed amending agreement “The Crossing” Land Leased Community.
6.2 Correspondence dated October 16, 2013 from Service NS & Municipal Relations regarding funding
assistance for the Mill Cove Wastewater System and Chester Wastewater System studies.
Page 2 of 2
6. CORRESPONDENCE: (continued)
6.3 Report from Director of Community Development dated November 12, 2013 regarding Aspotogan.
6.4 Report from Director of Community Development dated November 12, 2013 regarding South Canoe.
7. NEW BUSINESS.
8. ADJOURNMENT.
APPOINTMENTS ARRANGED
8:45 a.m. 2nd Reading of Amendments to Waste Collection & Disposal By-Law
2nd Notice of Adoption of Designated Community Project Fund Policy
9:00 a.m. Senior Planner regarding Building Height Definition (refer to item 4.3 a)
In Camera following regular session under Section 22 of the MGA if required
Municipality of the District of Chester
Waste Collection and
Disposal By-Law
By-Law No. 131
Effective Date:
Waste Collection & Disposal By-Law (continued) Page 2 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
MUNICIPALITY OF THE DISTRICT OF CHESTER
BY-LAWS
WASTE COLLECTION AND DISPOSAL BY-LAW
BY-LAW NO. 131
DEFINITIONS:
1) In this by-law:
a) ABlue bag recyclables@ means glass bottles and jars, aluminum, steel and tin cans, high
density polyethylene, low density polyethylene, and polyethylene terephthalate plastic
bottles, containers and bags, milk and juice cartons, tetra packs and mini-sip containers or
other items as designated by Council from time to time.
b) “Clear bag garbage” means broken bottles, crockery and glassware, floor sweepings,
pet litter, light bulbs, disposable diapers, discarded clothing and furnishings, broken
toys, mats and small carpets, non-recyclable plastic, non-recyclable packaging,
including Styrofoam, and metallic wrapping paper.
c) “Black bag garbage” means items as defined in “clear bag garbage”. Black bags may be
used for items requiring privacy from view of the waste collector and public. All
residents and businesses of the Municipality are entitled to one (1) black bag of
garbage per collection.
d) ABoxboard@ means cereal, shoe, tissue, detergent, cracker, cookie, baking product and frozen
food boxes, toilet paper rolls and paper towel rolls or other similar items.
e) ACollectible waste@ means material originating from eligible premises and placed by the
owner or occupant for collection by a collection contractor or by an agent of the Municipality
and includes, without limitation, mixed waste, recyclable materials, and organic materials.
f) ACollection contractor@ means any company, person or persons and the agents of such
persons under contract with the Municipality to collect collectible waste from eligible
premises.
g) ACollection day@ means any day which is scheduled by the Municipality for municipal
collection of collectible waste.
h) “Municipal Collection Location” means any garbage pound, waste station or
community collection point provided by the Municipality, based on Municipal criteria,
and designated for use by the local residents in place of, or in the absence of, a
curbside collection.
Waste Collection & Disposal By-Law (continued) Page 3 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
i) ACommercial enterprise@ means an enterprise which is assessed a business but does not and
can include a business located in a residential dwelling such as, but not limited to, a home
occupation or a professional office.
j) “Construction and demolition waste@ means that waste which results from the construction,
alteration, repair or demolition of buildings and other structures and does not include items
contained within Schedule AA@. This category may include items found in Schedule AB@;
k) Contractual partner” means Municipality or private entity which pays a predetermined cost
per tonne for waste disposal and is not a part of an operations committee.
l) ACouncil@ means the Council of the Municipality of the District of Chester.
m) “Curbside Inspector” means someone designated by the Director of Solid Waste to
inspect waste from residences and businesses where it has been deposited for
collection or at the public drop off located at the landfill.
n) AEligible premises@ means those properties within the Municipality which may be eligible for
municipal collection which include, but not limited to, waste compound, industrial,
institutional, residential premises, and public schools.
o) AFibre recyclables@ means mixed paper, corrugated cardboard, newsprint, magazines,
catalogues, flyers, telephone and other soft cover books and egg cartons, boxboard, or other
similar items designated by Council or the Nova Scotia Department of Environment.
p) AFood waste@ means fruit and vegetable peelings, table scraps, meat, poultry and fish,
shellfish, dairy products, cooking oil, grease and fat, bread, grain, rice and pasta, bones, egg
shells, coffee grounds and filters, tea leaves and bags or other similar items.
q) AFull partner@ means a Municipality or private entity which bears the actual cost per tonne
for waste disposal and is a part of an operations committee.
r) AGreen cart@ or Acart@ means an aerated or non-aerated organics collection cart supplied to
eligible premises by the Municipality for the collection of organic waste.
s) AHauler@ means any company, person or persons, licensed hauler transporting waste
materials including, without limitation, ICI waste, mixed waste, recyclable materials, or
organic materials to waste management facilities operated by the Municipality, its
contractor(s) or its agents or to other waste management facilities approved under
applicable law for disposal of waste materials.
t) AHighway@ means both roadways or roads eligible for waste collection, as determined
by the Director of Solid Waste, owned and maintained by the Provincial Department
of Transportation and Infrastructure Renewal and owned and maintained by the
Waste Collection & Disposal By-Law (continued) Page 4 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
Municipality; or roads eligible for waste collection, including private roads. Highways
owned and maintained by the Provincial Department of Transportation and Public Works
and owned and maintained by the Municipality;
u) AIndustrial/commercial/institutional waste@ or AICI waste@ mean material of similar
composition as mixed waste, including but not limited to sludges, collected within the
Municipality other than by municipal collection.
v) AInstitutional premises@ means any building exclusively used by any corporate body or
society for promoting a particular purpose on a non-profit basis and includes public
buildings.
w) ALandfill@ means the Municipal Landfill facility located on Highway #14, commonly referred
to as AKaizer Meadow Environmental Management Centre@;
x) ALeaf and yard waste@ means grass clippings, leaves, brush, twigs, house and garden plants,
sawdust and wood shavings or other similar items.
y) AMini-bin@ means a small container supplied to eligible premises by the Municipality for the
collection of organic materials prior to deposit in an organic materials regulation container.
z) AMixed waste@ means and includes all collectible waste other than that which is collected as
recyclable materials or organic materials including:
i) Broken bottles, crockery and glassware, floor sweepings, discarded clothing and
furnishings, non-recyclable plastic and metal, non-recyclable packaging, non-
repairable household goods and other household waste;
ii) Glass that is tightly wrapped in cardboard or other suitable material and clearly
marked to prevent injury to collection personnel;
iii) Other items not specifically designated as mixed waste except as excluded by this By-
law.
aa) AMunicipal collection@ means the scheduled collection of collectible waste made by or on
behalf of the Municipality, at the expense of the Municipality, for eligible premises.
bb) “Municipal solid waste” means garbage refuse, rubbish, tailings, debris, litter and
other discarded materials resulting from residential, commercial, institutional and
industrial activities which are commonly accepted at a Municipal solid waste
management facility, but excludes waste from industrial activities regulated by an
approval issued under the Act; Definition REPLACES “Waste” – see (ww) below.
cc) AMunicipality@ means the Municipality of the District of Chester, its Council, its agents and
Waste Collection & Disposal By-Law (continued) Page 5 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
employees;
dd) ANon-acceptable waste@ means all waste as described in Schedule AA@ attached hereto;
ee) ANon-collectible waste@ means all material other than collectible waste and without
limitation includes:
i) Transient waste;
ii) Liquid waste or material that has attained a fluid consistency and has not been
drained.
iii) Highly combustible or explosive materials, including without limitation, celluloid
cuttings, motion picture film, oil or gasoline soaked rags, gas containers, chemicals,
acids or other combustible residues, fine dry sawdust, ammunition, dynamite,
fireworks, or other similar material;
iv) Material that is considered pathogenic or biomedical including, without limitation,
dressings, bandages or other infected material or hypodermic needles discarded in
the course of the practice of physicians, surgeons, dentists or veterinarians;
v) Trade waste;
vi) Carcasses or parts of any animal except food waste;
vii) Waste listed or characterized as hazardous by any federal or provincial law or as
defined in the landfill operations manual.
viii) Sheet iron, large pieces of scrap metal or machine parts, large automobile parts
exceeding 50 lbs. or 4’ in length, fuel tanks and bodies;
ix) Septic tank pumpings, raw sewage or industrial sludge;
x) Radioactive materials;
xi) Soil, rock and stumps;
xii) Waste material resulting from construction, demolition or renovation activities
including planking, siding, bricks, masonry, wood, beams and gyproc left by any
contractor or property owner except as permitted herein;
xiii) Industrial waste material from factories or other manufacturing processes;
xiv) Manure, kennel waste, excreta, fish processing waste;
Waste Collection & Disposal By-Law (continued) Page 6 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
xv) Waste material from commercial containers;
xvi) Lead-acid automotive batteries and propane tanks;
xvii) Waste material which has not been placed for collection in accordance with the
provisions of this By-law; and
xviii) Materials banned from landfill disposal by the Nova Scotia Department of the
Environment unless such materials are recyclable materials or organic materials
from eligible premises.
ff) AOil tanks@ means residential oil tanks, cleaned and an inspection hole sized 12" x 12".
gg) AOperator@ means the operator of the Landfill;
hh) AOrganics@ means all food wastes, soiled and non-recyclable paper, and carbon based
material such as animal waste and byproducts from fish farms, forestry and gardens.
ii) ARecyclable@ means all items deemed to be recyclables from time to time by the Province of
Nova Scotia. Organics and Recyclables are herein referred to as Aorganic/recyclable
material@;
jj) AOwner@ means actual owner including both assessed owner and occupant. both the
actual owner of the premises and the occupant.
kk) APrivate collector@ means any company, person or persons and the agents of such persons
permitted to collect collectible waste from eligible premises within the Municipality.
APrivate roadway@ means roads that are constructed and maintained by a private individual.
These roads must be built and maintained to a standard to allow a collection contract to
provide service.
ll) AProvincial disposal bans@ means materials banned from disposal in landfills and
incinerators under the Solid Waste - Resource Management Regulations of the Environment
Act of the Province of Nova Scotia as updated and amended from time to time.
mm) ARecyclable materials@ means fibre recyclables, blue bag recyclables and other materials of
a recyclable nature.
nn) AResidential premise@ means a building, or a unit in a building, occupied or intended to be
occupied as a home, residence or sleeping place by one or more persons but does not include
a hotel, motel, guesthouse or inn.
Waste Collection & Disposal By-Law (continued) Page 7 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
oo) AResidual waste@ means all waste not otherwise defined in this By-law or included within
Schedules AA@ and AB@;
pp) AScale clerk@ means the person(s) responsible for the operation of the scale system(s)
located at the waste management facilities operated by the Municipality, its contractors or
its agents.
qq) ASoiled and non-recyclable paper@ means napkins, paper towels and fast food wrappers, wax
paper, file folders, yellow and brown envelopes, wrapping paper, soiled pizza boxes, paper
plates and cups, damp and soiled newspaper and flyers, sugar, flour and potato paper bags
or other similar items.
rr) ASolid waste@ means solid waste materials including but not limited to collectible waste,
industrial/commercial/institutional waste, construction and demolition waste, mixed waste,
and organic materials but does not include recyclable materials from industrial, commercial
and institutional premises, international waste, pathogenic or biomedical waste, waste
dangerous goods, hazardous waste materials, septic tank pumpings, raw sewage, industrial
sludge and contaminated soils and solids as defined by appropriate regulatory bodies having
jurisdiction from time to time and as determined by the Administrator or person designated
to act in place of the Administrator.
ss) ASpecial waste@ means large bulky items that can be contained, packaged, tied and bundled in
such a manner that it can be reasonably collected by one or two persons. Items should not
exceed 50 lbs. in weight, 4' in length (except furniture), and 1.3 cubic metres in volume. This
category would include such items as sheet iron, scrap metal, furniture, water heaters, water
tanks, dryers, washers, televisions and similar household items but excludes electronics
and any other item that may be from time to time excluded by Provincial Regulations.
This category does not include any items found within Schedule AA@ nor does it include
organic/recyclable material but may include some items contained in Schedule AB@;
tt) ATipping fees@ means user fees, per tonne fees or per cubic meter fees charged by the
Municipality for the acceptance of ICI waste, mixed waste, recyclable materials, and organic
materials at designated waste management facilities operated by the Municipality, its
contractors or its agents.
uu) ATrade waste@ means materials accumulated as a result of commercial enterprise such as
packing materials, display boards, rags, paper, and other waste materials resulting from such
activities.
vv) ATransient waste@ means waste material produced outside the Municipality.
ww) AUnit@ means a self-contained portion of a building occupied as a separate residence.
xx) AWaste accepted on conditions@ means all waste as described in Schedule AB@ attached
Waste Collection & Disposal By-Law (continued) Page 8 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
hereto;
AWaste@ means all waste defined in this By-law including references to solid waste and
organic/recyclable material; Rewritten – refer to “Municipal solid waste”.
yy) Waste Collection Schedule means the scheduled Collection Day’s for regular and
special waste collections, as publicized by the Municipality as approved by the
Director of Solid Waste, by whatever means deemed appropriate.
zz) AWaste containers@ means green carts for organics, translucent blue bag for blue bag
recyclables, grocery store bag or clear bag for fibre recyclables, and black bags or a rigid
garbage can with lids for residual waste.
aaa) AWaste management facilities@ means any of the facilities for the management of ICI waste,
mixed waste, recyclable materials, and organic materials operated by the Municipality, its
contractors or its agents and includes, without limitation, front end processing facilities,
materials recovery facilities, residuals disposal facilities, source-separated composting
facilities, transfer station(s) and waste stabilization facilities.
bbb) AWhite goods@ means any large household appliance including but not limited to
refrigerators, freezers, air conditioners, stoves, washers, and dryers with the CFC
refrigerants removed as required by applicable law, provided that any such item may be no
more than 200 kilograms in weight.
DISPOSAL
2) No person shall dispose of, or cause to be disposed of, waste of any kind within the
Municipality, other than in accordance with this By-Law, the regulations prescribed in
this By-law or any Resolution or Policy adopted pursuant to this By-Law.
COLLECTION
3) A regular collection service may be provided for residual waste and organic/recyclable
material on a weekly or bi-weekly basis for all eligible premises within the Municipality
which are located on a Highway and for all eligible premises which are located on a private
roadway that the Municipality has approved for collection services. When such collection
service is provided, it shall be in accordance with the following:
a) All residual waste and organic/recyclable material originating from eligible premises located
on a Highway or an approved private roadway are to be left in an accessible and clearly
visible location within a reasonable distance of the paved or traveled portion of the Highway
or roadway in the following manner:
Waste Collection & Disposal By-Law (continued) Page 9 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
i) All residual waste must be in plastic bags. Clear plastics bags may be placed in a
suitable waste container. Five clear, plastic bags may be placed for collection
along with one black bag;
ii) Organic/recyclable material shall be put out for collection in accordance with
information provided to the Public from time to time, as defined by Council in
accordance with the Municipal Waste Collection Schedule.
b) All residual waste and organic/recyclable material originating within the Municipality from
eligible premises and located on a non-approved private roadway, shall be left at either the
Highway or an approved private road in an accessible and clearly visible location within a
reasonable distance of a paved or traveled portion of the Highway or approved private road
in the same manner as provided in paragraph 2(a)(i) and 2(a)(ii); Any eligible
premises not receiving curbside collection must make suitable arrangements with the
Solid Waste Department.
c) All residual waste and organic/recyclable material originating within the Municipality from
commercial, industrial, institutional premises or from a public school, shall be left in a
clearly and easily accessible location within waste containers designed for that purpose
located on the premises at a place that is a reasonable distance from the paved or traveled
portion of the Highway or approved private road. If the commercial, industrial, institutional
premises or public school are located on a non-approved private road, the collection shall be
in the manner and place designated by the Municipality.
4) Special waste shall be collected at such times as the Municipality may from time to time
prescribe in its discretion by Resolution, Policy or the Waste Collection Schedule. Special
waste shall be kept separate from residual waste and organic/recyclable material and must
be securely tied and packaged and not exceed 1.3 cubic meters (approximately 12 garbage
bags) per premise. For premises with multiple separate occupied units, this volume shall
apply to each unit.
5) The dates and times for the regular collection service and special collection shall be as
prescribed from time to time by the Municipality by Resolution, Policy or the Waste
Collection Schedule. Residual waste and organic/recyclable material shall be placed for
collection not earlier than dusk of the day prior to collection. 6:00 o=clock p.m. of the
morning of the previous day of the day scheduled for collection. This material is the sole
responsibility of the property owner until time of collection. Special waste shall be
placed not earlier than twenty-four hours prior to the day scheduled for collection.
6) Any residual waste, special waste or organic/recyclable material placed for collection as
provided for herein, but not collected by 7:00 p.m. on the day scheduled for such collection,
shall be removed from the place of collection by the owner of the premises from which it
originated and properly stored or kept until such time as it is disposed of in accordance with
this By-law.
Waste Collection & Disposal By-Law (continued) Page 10 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
7) Construction and demolition waste generated from premises within the Municipality is not
collected by the Collector, other than those items that may qualify as special waste, but shall
be the responsibility of the owner of the premises that generated the waste to have it
delivered to the landfill, as soon as possible.
8) Waste collection services for Municipal Collection Locations shall be provided as
outlined in the Waste Collection Schedule unless otherwise amended by Policy or
Resolution, or by Signage placed at the Municipal Collection Location by the
Municipality.
LANDFILL
9)
a) The landfill shall be open for the use of the residents, ratepayers, contractual
partners, and full partners of the Municipality at such times and dates and upon such
terms and conditions as the Municipality may from time to time set out by Resolution
or Policy.
b) Unless otherwise provided, the Landfill shall only accept waste that originates from
premises within the Municipality or from its full partners, and its contractual
partners.
c) The Municipality may, by Contract or by Resolution, approve from time to time the
acceptance of residual waste and waste contained in Schedule B that originates from
premises outside the Municipality and is not from a full partner or contractual
partner upon such terms and conditions as the Municipality may impose and, in
particular, subject to such fees as may be specified in the Resolution;
d) Non-acceptable waste as outlined in Schedule AA@ and organic/recyclable material
shall not be accepted at the Landfill unless specifically authorized by Resolution or
Policy of the Municipality under defined circumstances. Accepted organic/recyclable
materials will be shipped to a waste management facility for processing.
e) Residual waste, special waste, construction and demolition waste and waste items
contained in Schedule AB@ shall be deposited in the appropriate area at the Landfill or
as otherwise directed by the Operator or scale clerk.
f) No person shall place, cause to be placed or permit to be placed at, in or adjacent to
the Landfill, any waste as defined herein when the Landfill is not open or when the
Operator refuses to accept a load or loads or items of waste as defined herein;
g) No person shall place or cause to be placed or permit to be placed in the Landfill, any
Waste Collection & Disposal By-Law (continued) Page 11 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
solid waste which is not permitted to be placed for collection or any solid waste
generated outside the Municipality except by contract with the Municipality or
unless it has been approved for acceptance by the Municipality as provided for
herein.
h) No person shall place, cause to be placed or permit to be placed in the Landfill any
solid waste that is not separated as required herein or which is falsely or
misleadingly misrepresented or packaged as solid waste of a particular kind, stream
or place of origin or which is concealed with intermingled with solid waste of
another kind, type, stream or place of origin.
i) The Operator of the Landfill may refuse waste;
(i) which contains waste for which the Landfill is not a designated site;
(ii) for which a tipping fee has not been set or negotiated with the Generator or
Collector or for which a tipping fee has not been paid or for which tipping fee
arrangements satisfactory to the Municipality has not been made;
(iii) which is being delivered by an unauthorized or unlicensed Collector;
(iv) which the Landfill is unable to weigh, measure or process for any reason,
including but not restricted to excessive inventory of solid waste or shortage
of space, mechanical or electrical breakdown or labour dispute or;
(v) which would be deposited or placed in contravention of this By-law;
10) No person shall deposit, store, keep or maintain or cause to be deposited, stored, kept or
maintained, any waste, at any site within the Municipality other than at the Landfill unless
that site has been issued a License for the purpose by the Municipality or, if applicable, by
the Province of Nova Scotia. The issuance of any License pursuant to this section by the
Municipality and the terms and conditions attached thereto, shall be in accordance with such
policies as the Municipality may from time to time adopt and it shall be at the discretion of
the Municipality whether the issuance of such a License is in the best interest of the
residents of the Municipality.
11) The Municipality may from time to time by Resolution or Policy adopt such rules and
regulations with regard to the operation to the Landfill and collection and transportation of
all waste as defined herein, including organic/recyclable material and which rules and
regulations shall be in addition to the following provisions:
a) No person shall carry out any salvaging or scavenging or scavenging activities at the Landfill;
b) The Municipality may approve by resolution re-use or recycling programs.
Waste Collection & Disposal By-Law (continued) Page 12 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
c) All vehicles used in the collection and transportation of waste as defined herein including
organic/recyclable material shall be loaded in such a manner so as to prevent any of the
contents from falling, spilling or escaping from the vehicle and every vehicle so used shall
have a cover or top sufficient for that purpose;
d) No person shall smoke at the Landfill other than in designated areas;
e) The hours for operation for the Landfill shall be as set out from time to time by the
Municipality and shall be then clearly posted at the entrance of the Landfill for the
convenience of the Public;
f) The operation of the Landfill shall be in accordance with such rules, procedures and
regulations as the Nova Scotia Department of the Environment may from time to time adopt.
12) .
a) Any person who contravenes the provisions of this By-law is guilty of an offence and on
conviction is liable to a fine of not less than One Hundred Dollars ($100.00) and not more
than Ten Thousand Dollars ($10,000.00) and in default of payment to imprisonment for a
period of not less than fifteen (15) days and not more than ninety (90) days.
b) Proof that solid waste as defined herein that was deposited or placed somewhere in
contravention of this By-law originated from a particular person or hauler that transports
waste without authorization, shall be evidence that the person or hauler so deposited or
placed it, or caused or permitted it to be so deposited or placed, in the absence of evidence to
the contrary.
c) Any person who contravenes the provisions of the By-law and who is given Notice of the
contravention, may pay to the Municipality, at the place specified in the Notice, a minimum
fine of One Hundred Dollars ($100.00) pursuant to Payment in Lieu of Prosecution Policy
within fourteen (14) days of the date of the Notice and shall thereby avoid prosecution for
that contravention.
13) By-law No. 131, The Waste Collection and Disposal By-law of the Municipality of the District
of Chester passed by Council effective the 9th day of June, 1999 is hereby repealed.
14) No person shall export or remove any commercial or residential solid waste material
generated within the Municipality, outside the boundaries of the Municipality and all
such solid waste be disposed of within the boundaries of the Municipality in
accordance with this By-Law except where Council has approved the disposal location
of that solid waste material; all commercial and residential solid waste material generated
within the Municipality outside the boundaries of the Municipality and all such solid waste
shall be disposed of within the boundaries of the Municipality and in accordance with this
By-Law.
Waste Collection & Disposal By-Law (continued) Page 13 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
15) Notwithstanding Section 12 14, the Municipality may export solid waste materials to
licensed disposal facilities outside the boundaries of the Municipality when Council
determines it is in the Municipality’s best interest or if it is an emergency situation.
the volumes of solid waste delivered to municipal facilities exceed the capacity of the
facilities to handle the materials and only with signed agreements with said facilities and or
Municipalities.
16) For the purpose of Sections 12 and 13 14 and 15, solid waste means solid waste materials
including but not limited to collectible waste, industrial/commercial/institutional waste,
construction and demolition waste, mixed waste, and organic materials but may does not
include recyclable materials from industrial, commercial and institutional premises,
international waste, but not pathogenic or biomedical waste, waste dangerous goods,
hazardous waste materials, septic tank pumpings, raw sewage, industrial sludge and
contaminated soils and solids as defined by appropriate regulatory bodies having
jurisdiction from time to time and as determined by the Administrator or person designated
to act in place of the Administrator.
17) The curbside inspector will randomly inspect waste at collection locations for the
purpose of ensuring compliance with Provincial Regulations and this By-Law.
Waste Collection & Disposal By-Law (continued) Page 14 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
SCHEDULE AAAAA@@@@
NON-ACCEPTABLE WASTES
This schedule forms part of the Waste Collection and Disposal By-Law of the Municipality of the
District of Chester.
1) The following materials are not acceptable at the Municipal Landfill under any circumstance:
a) Explosives or highly combustible materials of any nature;
b) Radioactive material;
2) The following materials are not acceptable at the Municipal Landfill for disposal in the
landfill:
a) Any corrosive, reactive, toxic or hazardous materials;
b) Certain liquid waste including left over sprays, paints, oils, herbicides and
insecticides;
c) Gas cylinders in which the value has not been removed and the cylinder has not been
properly drained by a professional trained for handling gas cylinders;
d) Hot ashes;
e) Pieces of concrete or asphalt which are larger than two feet by two feet;
f) Any substance, waste, or thing the storage, handling, transportation or disposal of
which is either prohibited by any Federal or Provincial Statute or regulated by any
Federal or Provincial Statute so as to be prohibited from being deposited at a Landfill
site;
3) Any waste deemed by the Landfill operator to be inappropriate for disposal at the Landfill
site and any waste which does not fit specifically into any category of waste described in this
schedule or in other schedules to this By-law are to be referred to the Nova Scotia
Department of the Environment for approval prior to the deposition of the Landfill.
4) Transient waste from outside the boundaries of the Municipality of the District of Chester
transported by either a Municipal Collector or private collector without written permission
from the generating unit.
Waste Collection & Disposal By-Law (continued) Page 15 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
SCHEDULE AAAAB@@@@
WASTE ACCEPTABLE ON CONDITIONS:
This schedule forms part of the Waste Collection and Disposal By-law of the Municipality of the
District of Chester.
1) The following materials may be acceptable at the municipal Landfill subject to certain
conditions and limitations as set out herein:
a) Materials from a demolition project, a renovation project, a construction project, or a fire
damaged building;
b) Asbestos waste provided it is packaged and handled in accordance with the Provincial
Statutes and Regulations governing the disposal of asbestos waste;
c) Sawdust and shaving;
d) Sludgecake: provided it has a minimum solid content of 30%, is non-toxic and will not form a
toxic leachate in the future and provided that its deposit is specifically and expressly
authorized by the Landfill operation on each occasion;
e) Incinerator ash, fly ash and wood ash, when properly quenched and cooled. Large quantities
of ash may require special pre-treatment before being accepted at the site and may require
special disposal methods;
f) Oily waste material in a soil matrix if concentrations of metals and hazardous materials are
within acceptable limits as stipulated by the regulatory agencies;
g) Electrical transformers on the condition that all oils have been removed and flushed;
h) Gas cylinders in which the value has been removed and the cylinder has been properly
drained by a professional trained for handling gas cylinders;
i) Sheet iron and scrap metal provided they are placed in the designated salvage area;
j) Septic sludge from septic tanks provided it is deposited in the designated septic lagoons;
k) Septic from domestic sewage treatment plants provided the material has not been
dewatered to a solid content of 30% or more and it is deposited in the designated septic
lagoons;
l) Furniture;
Waste Collection & Disposal By-Law (continued) Page 16 of 16
Notice of Amendment – Committee of the Whole – October 3, 2013 (2013-462)
1st Reading - Council – Council – October 17, 2013
2nd Reading - Council – Council – November 14, 2013
Effective Date -
m) Air conditioners, refrigerators or any other unit that has had or still has Freon must be
delivered to the Landfill by the owner;
n) Solid waste as defined in this By-law.
o) Contaminated soil that meets the Department of Environment’s regulations.
2) In each case, the operator reserves the right to limit the amount received in any one day and
to require that items which he or she may determine to be oversize be cut up and made
manageable.
In each case, waste accepted under this Schedule may be subject to a special charge which shall be
determined by the Municipality from time to time.
Waste not outlined in Schedule A or B can be accepted by motion of Council, provided it meets
Department of Environment’s regulations or is approved by the Department of Environment.
Municipality of the District of Chester
Designated
Community Project
Fund Policy
Policy P-77
Designated Community Project Fund Policy (continued)
Notice of Intention to Adopt –
First Notice –
Second Notice –
Effective Date – Page 2
MUNICIPALITY OF THE DISTRICT OF CHESTER
DESIGNATED COMMUNITY PROJECT FUND POLICY
POLICY P-77
1. Definition
1.1 “Municipality of the District of Chester” is referred to as MODC.
1.2 “Designated” Community Project Fund is referred to as DCPF.
1.3 “Donors” is referred to as any individual, corporation, organization, trust, partnership, or
any other entity that has right to provide a donation.
1.4 “Donation recipients” is referred to local community groups or community projects.
2. Title
2.1 MODC will establish and maintain a Designated Community Project Fund (DCPF) reserve
fund account in the Operating reserve section to receive donations from the public or
organizations to be dispersed to local community groups or projects as a grant.
3. Eligibility
3.1 Donors may make donations to MODC with a direction that the donation(s) be deposited to
the DCPF.
3.2 The following wording must be included in DCPF solicitations by any donation recipient:
a. (Name of Community Group) is unable to issue a charitable donation receipt under the
Income Tax Act however Municipality of the District of Chester (MODC) has established
a fund entitled the Designated Community Project Fund (DCPF) whereby MODC Council
may by resolution make a grant or contribution from this fund pursuant to Section
65(au) of the Municipal Government Act for projects located within MODC.
b. (Name of Community Group) would like to apply to MODC for a grant, equivalent to the
funds collected from the community project fundraising campaign for expenditures on a
community project, as detailed in the attachment, from the DCPF fund.
c. If donors wish to receive a charitable donation receipt, acknowledging that any grant to
the (Name of Community Group) from MODC is at the discretion of Municipal Council,
then the donors should make their donation to the “Municipality of the District of
Chester” with a notation that the donation is to be deposited to the DCPF fund.
Designated Community Project Fund Policy (continued)
Notice of Intention to Adopt –
First Notice –
Second Notice –
Effective Date – Page 3
4. Deposit of Funds
4.1 The funds shall be deposited in a segregated account at MODC’s financial institution in
conformance with regular banking arrangements.
5. Charitable Donation Receipts
5.1 A charitable donation receipt, where and to the extent permissible under the Income Tax
Act (Canada), will be issued to donors for donations of $25.00 or more.
6. Grants or Contributions from the DCPF
6.1 Council may by resolution:
a. Make a grant or contribution from the DCPF pursuant to Section 65(au) of the Municipal
Government Act for projects located within MODC; or
b. Expend funds from the DCPF on any charitable, nursing, medical, athletic, educational,
environmental, culture, community, fraternal, recreational, religious, sporting, or social
facility owned by MODC.
c. Funds provided through donations will not impact on grant requests received
from the organization.
7. Application
7.1 Pursuant to clause 6, a written application to MODC for a grant must be made and include
an explanation of how the funds would be spent, the amount sought, the estimated date
when the funds would be required, and confirmation that the organization meets the
criteria of Section 65 (au) of the Municipal Government Act. A grant would be paid to the
organization at the discretion of Council.
8. Advertisement
8.1 Pursuant to Section 65(au) of the Municipal Government Act, Council shall annually publish
in a newspaper circulating in MODC a list of the organizations and the amounts received as
a grant from this Fund.
9. Records
9.1 Charitable receipts shall be under the supervision and control of the Municipal Treasurer or
designate of MODC.
MUNICIPALITY OF THE
DISTRICT OF CHESTER
M E M O R A N D U M
DATE: 8 November 2013
TO: Erin Beaudin, CAO
FROM: Tara Maguire, Director
DEPARTMENT: Community Development
SUBJECT: Aspotogan Ridge development
______________________________________________________________________________________________________________________
BACKGROUND:
Aspotogan Developments Limited is seeking approval for a residential development in the Mill Cove
area comprising one-acre estate lots, small single detached dwellings in clusters of lots 10,000 sq. ft. ±
and 8,400 sq. ft.±; and townhome lots, interspersed with a planned golf course. This proposal requires
appropriate planning tools in order to be brought to fruition.
DISCUSSION:
1. Zoning
Mill Cove Park zoning has been in place since 2000 (Figure 1). Primarily Residential, it also contains
Highway Commercial, Campus Commercial, Institutional, Park Institutional, and Community Park
zones. In 2006, the Municipal Planning Strategy and Land Use By-Law were amended to allow for
clusters of more than one single until dwelling on any one lot and dwellings containing more than two
units, provided density did not exceed 12 units per hectare (5 units per acre).
Versions of the Aspotogan Ridge development have been in existence since 2007. Progress was stalled
in 2009 when the principal partners of company decided not to pursue a Development Agreement or
amendment to allow the uses as of right. Nevertheless, 43 estate residential estate lots were created
within the Mill Cove Park Rural Residential Zone (MCP-RR). These lots are permitted as of right in the
zone. A further 20 estate residential lots are intended in this zone and in the neighbouring Mill Cove
Park Single Residential Zone (MCP-SR), which is proposed to also contain a “50+ Active Lifestyle Village”
of cluster dwellings on small lots, as well as townhomes. The small lots are not permitted as of right in
the zone.
The developer has purchased an additional 60 hectares north of the MCP-RR-zoned lands and east of
Farm Lake to develop a further 37 estate residential lots and an additional 43 single detached housing
cluster lots. This parcel is located in the General Basic (GB) zone. The golf course has been roughed out
in both the MCP-RR-zoned land and in the GB-zoned land. The developers would like to complete nine
holes of the course and begin construction in the spring of 2014. They intend to start selling the estate
residential lots over the winter that are market-ready now.
The MCP-RR zone permits the estate residential lots and the golf course use. The minimum lot area,
however, is 29,062 sq. ft. and so the small lots of 10,000 sq. ft. and under are not permitted as of right,
but rather by site plan approval with maximum lot coverage of 20%.
The GB zone permits the estate residential lots, but does not permit a golf course use as of right;
However, this use is permitted by Development Agreement. The proposed cluster of small single family
dwelling lots is permitted in the GB zone, but must satisfy requirements for water and sewer.
A package of zoning and approval mechanisms must be prepared and approved to enable the
development of Aspotogan Ridge as proposed. Possible mechanisms, to be further examined by staff,
include amendments to the Municipal Planning Strategy and Land Use By-Law, Development
Agreement(s) and Site Plan Approvals.
2. Sewer system
Reserve capacity of the existing sewer system is no longer available. A report from SNC Lavalin is
expected in December. Staff has discussed with the developer the possibility of using re-circulating sand
filtration systems developed on an incremental basis, thus servicing the whole development. The cost
of the system would be recovered from an infrastructure charge levied on building permits.
3. Water
The water system has been decommissioned. However, the developer has expressed an interest in
negotiating with the Municipality to operate the system privately.
A new iteration of the development has recently been brought to staff. Where previous versions focused
on single detached dwellings on large lots, changing socio-economic circumstances have resulted in a
development with more housing options and greater density. The developers have engaged a project
management team, have informed us that funding is in place, and are anxious to proceed.
Staff is requesting direction from Council to develop an appropriate set of planning tools needed to
permit the mix of land uses being proposed, ensuring the retention of those uses already permitted.
ATTACHMENTS:
Existing Zoning Map –Mill Cove Park Zones
RECOMMENDATION:
It is recommended that staff be directed to review the existing suite of planning tools and recommend
any necessary changes in order to facilitate the mix of land uses being proposed in the Mill Cove Park
area, ensuring the retention of those uses already permitted.
Tara Maguire, Director
MUNICIPALITY OF THE
DISTRICT OF CHESTER
R E P O R T
DATE: November 7, 2013
TO: Erin Beaudin, CAO
FROM: Tara Maguire, Director
DEPARTMENT: Community Development
SUBJECT: South Canoe Development Agreement
______________________________________________________________________________________________________________________
BACKGROUND:
On March 14, 2013, Council approved a motion to enter into three separate development agreements
to allow for the development of the South Canoe Wind Energy Project. Two separate appeals were filed
with the Nova Scotia Utility and Review Board. The Board heard the appeals on May 30, 31 and June 2,
3, 4 and 5, 2013. They also conducted a site visit on August 13, 2013. A decision was rendered on
September 5, 2013 which dismissed the appeals.
A 30 day appeal period expired in October, clearing the way to execute the agreement, however there
is a need to address the final location of the turbines. We are now preparing the final form of the DA for
signature.
DISCUSSION:
Council’s motion to approve the development agreements included a provision to remove the Crown as
a party to the agreement. The Crown was added to the agreement because of the possibility that there
may have been a need to move a turbine to a Crown parcel. On March 14, the day of the approval, the
applicants submitted a revised plan that did not have a turbine on Crown Land. However, by removing
the Crown as a party to the development agreements, it has since been noted that one turbine violates
the terms of the 200 m setback from third party property lines. It sits within the 200 m buffer near the
piece of Crown land that was originally included in the development agreement.
During the Development Agreement process, the developers had indicated that minor changes may be
necessary in the locations of turbines. As turbine locations are adjusted, there have been a number of
changes proposed. Section 8 of the Development Agreement addresses non substantial matters that can
be changed or altered without amendment to the Development Agreement but with written consent of
Council. Included in the matters that may be changed with written consent of council include:
a) the project boundary described in Schedule “A” may be reduced provided that the criteria for
the location of wind turbines as identified in Section 3.1 (c) of this Agreement are met;
b) the precise location of wind turbines as shown on Schedule “B” attached hereto may be adjusted
provided that the criteria for the location of wind turbines as identified in Section 3.1 (c) of this
Agreement are met.
Section 3.1 (c) states:
c) the Proposed Development shall be constructed and operated so as to achieve optimal
separation from adjacent properties which are not in commercial or industrial use or owned
by the PROPERTY OWNERS and in particular:
i. the DEVELOPER has agreed that no WIND TURBINE shall be constructed within
1,200 metres of any existing residences as of 15 October 2012; and
ii. no WIND TURBINE shall be constructed within 200 metres of any adjacent third
party property boundary saving and excepting the property defined as PID
#60131216;
Appendix 1 contains a map that shows a comparison of the layout Council approved on March 14
along with the proposed changes. The new locations are considered a non-substantial matter that can
be changed by motion of Council provided that the new locations are not within 1200 m of a residence
that existed as of October 15 2012, and they are not within 200 m of a third party property boundary.
Since the Crown has been removed from the Development agreements, the turbines must be at least
200 m from the Crown land.
Staff has reviewed the new locations and has determined that they meet the conditions outlined in 3.1.
A new version of the layout is included as Appendix 2 to this report. Council can, by motion, approve
new turbine locations by approving the replacement Schedule “B” in each of the three Development
There are a few changes are that either typographical errors or non-substantial from the form of
agreement that was the subject of the original resolution These Minor errors/oversights should be
fixed prior to execution of the final agreements. One error that will be corrected is:
1. Replace ensure with enure in section 11.1 as follows:
THAT this Development Agreement shall enure to the benefit and be binding upon the MUNICIPALITY
its successors and assigns and shall enure to the benefit of and be binding upon the DEVELOPER and
the PROPERTY OWNERS, their successors and assigns as the Property Owner and Lessee of the lands
described in Schedule “A” attached hereto until discharged by Council of the MUNICIPALITY.
ATTACHMENTS:
Appendix 1: Layout comparison
Appendix 2: New version of layout
OPTIONS:
1. Approve the new turbine locations by the replacement of Schedule “B” in each of the three
draft Development Agreements with the map provided in Appendix 2 of this report. Further,
as any appeal periods have expired and/or appeals have been dismissed and the form of the
agreement is substantially the same as the draft document, the Clerk and Warden are
authorized to execute the Development Agreements making any necessary non-substantial
changes or corrections for typographical errors in accordance with the resolution of March
14, 2013.
2. Council can request additional changes to turbine locations and defer executing the
Development Agreements. This option would require Council to provide a reason for
requesting changes to the developers.
RECOMMENDATION:
Staff recommends Option 1.
Tara Maguire, Director
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Checked By:S. Duncan
Drawn By:Staff
Drawing #:
1
1:35,000Scale:
October 2013Date:Project #:N/A
Area OfInterest
South CanoeWind Project
Nova Scotia
New Brunswick
AtlanticOcean
Prince EdwardIsland
B a y o f F u n d y
Cape BretonIsland
Notes:
1. Source: NSPI, DNR, GeoBase, NSTDB 1:10,000, Strum, Acciona Energia.
2. Projection: NAD83, UTM Zone 20 North.
3. No guarantee is given as to the accuracy or currency of the data. The cadastral information portrayed has no legal value and should only be used as a guide.
1 0 10.5 Kilometres
³
Hants County
Lunenburg County
Turbine Layout
Legend:
!Development Agreement Layout (Summer 2013)
!Current Turbine Layout
Project Site Boundary
"Building
County Boundary
X Y X Y Major Roads and Highways
Public Roads
Access Roads / Trails
Mapped Stream
Mapped Indefinite Stream
Water Bodies
Mapped Wet Area
Dwelling - 1.2km
Property Line Setback - 200m
Other - 200m
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Checked By:S. Duncan
Drawn By:Staff
Drawing #:
1
1:35,000Scale:
October 2013Date:Project #:N/A
Area OfInterest
South CanoeWind Project
Nova Scotia
New Brunswick
AtlanticOcean
Prince EdwardIsland
B a y o f F u n d y
Cape BretonIsland
Notes:
1. Source: NSPI, DNR, GeoBase, NSTDB 1:10,000, Strum, Acciona Energia.
2. Projection: NAD83, UTM Zone 20 North.
3. No guarantee is given as to the accuracy or currency of the data. The cadastral information portrayed has no legal value and should only be used as a guide.
1 0 10.5 Kilometres
³
Hants County
Lunenburg County
Turbine Layout
Legend:
!Current Turbine Layout
Project Site Boundary
"Building
County Boundary
X Y X Y X Y Major Roads and Highways
Public Roads
Access Roads / Trails
Mapped Stream
Mapped Indefinite Stream
Water Bodies
Mapped Wet Area
Dwelling - 1.2km
Property Line Setback - 200m
Other - 200m