HomeMy Public PortalAbout2017-04-13_Council_Public_Agenda Package_Part 2_8.4 Plan Review - Update Check-in_Municipal Planning Strategy_DRAFTREQUEST FOR DECISION
Prepared By:Bill DeGrace Date April 6, 2016
Reviewed By:Date
Authorized By:Date
CURRENT SITUATION
Staff is completing draft planning documents as part of a phased process of Plan Review. Staff
is seeking concurrence with the general direction as set out in the draft Municipal Planning
Strategy.
RECOMMENDATION
It is recommended that staff be directed to proceed with preparation of planning documents as
proposed.
BACKGROUND / DISCUSSION
The current process of Plan Review was created in 2014 to furnish Council with five new
planning documents:
Municipal Planning Strategy
Land Use By-law
Village of Chester Secondary Planning Strategy
Village of Chester Land Use By-law
Subdivision By-law
The Plan Review process is overseen by the Citizens Planning Advisory Committee, comprised of
District and Village representatives.A phased approach was implemented that would see the
Municipal and Village documents developed simultaneously, interspersed with periods of public
engagement.This approach continued until fall 2016 when the Committee determined that the
Municipal documents should be completed before proceeding with the Village documents.
Accordingly, staff has completed a draft Municipal Planning Strategy. Other planning
documents are in various stages of preparation.
Staff wishes to know if Council concurs with the general direction of the draft Municipal
Planning Strategy. Concurrence will enable staff to complete the Land Use By-law and
REPORT TO:Tammy Wilson, CAO
SUBMITTED BY:Bill DeGrace, Senior Planner
DATE:April 6, 2017
SUBJECT:Municipal Planning Strategy
ORIGIN:Council request for check-in
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request for decision
Subdivision By-law in accordance with the MPS as presented. Staff would then continue with
completion of the draft Village Secondary Planning Strategy and Land Use-By-law.
IMPLICATIONS
Policy
Council is acting on [existing]Municipal Planning Strategy Policy 4.0.6:“This Municipal Planning Strategy
and any subsequent amendments shall be reviewed as required by the Municipal Government Act, when
requested by the Minister of Services Nova Scotia and Municipal Relations, or when deemed advisable by
Municipal Council, but in any case not later than ten (10) years from the date of its coming into force and
effect.”
Financial/Budgetary
As budgeted in current fiscal year and in fiscal year 2017-18.
Environmental
N/A
Strategic Plan
Goal #3:“The Municipality will ensure sufficient infrastructure is available to best serve our residents
and businesses.”Objective: “Conduct a full review of all planning and development by-laws, policies
and specifications.”
Work Program Implications
As current: one staff member dedicated full-time with support from Community Development and IT.
OPTIONS
1.Direct staff to proceed with preparation of planning documents as proposed.
2.Direct staff to consider an alternate approach or approaches to the MPS before
proceeding with remaining planning documents.
ATTACHMENTS
Draft Municipal Planning Strategy
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Municipality of the District of Chester
Municipal Planning Strategy
Original Documents Approved by Council on
Front Page Photo Credit: Jim Barkhouse
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Municipality of the District of Chester
Municipal Planning Strategy
Approved by the Minister of Municipal Affairs on DD/MM/YYYY
This CONSOLIDATED EDITION is prepared for convenience only. For complete
reference, please consult the original documents. This CONSOLIDATED
EDITION has the following history:
1)Compiled DD/MM/YYYY From the documents adopted by Council on
DD/MM/YYYY and approved without amendments by
the Minister on DD/MM/YYYY.
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Contents
1.INTRODUCTION.............................................................................................1
Purpose.........................................................................................................................................2
Vision and Goals........................................................................................................................3
Character and Land Use ........................................................................................................5
Policy Approach.........................................................................................................................8
Authority and Scope .............................................................................................................10
2.LIVEABLE COMMUNITIES ..........................................................................13
Parks and Open Space .........................................................................................................14
Transportation.........................................................................................................................17
Housing .....................................................................................................................................19
Heritage .....................................................................................................................................22
3.GENERAL LAND USE POLICIES ................................................................24
4.COMMUNITY CHARACTER.......................................................................28
Rural Area .................................................................................................................................30
Settlement Area......................................................................................................................33
Hamlet Area .............................................................................................................................42
Village Area ..............................................................................................................................47
5.ECONOMIC DEVELOPMENT.....................................................................48
Industrial and Business Designation ...............................................................................49
6.ENVIRONMENTAL SAFEGUARDS ...........................................................54
Stormwater Management ...................................................................................................55
Watercourse Setbacks and Vegetated Buffers ............................................................58
Lakefront Overlay...................................................................................................................60
The Coast and Sea Level Rise ............................................................................................62
Environmental Designation................................................................................................64
Municipal Planning Strategy The Municipality of Chester
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7.SERVICES AND INFRASTRUCTURE .........................................................67
Sewage Treatment.................................................................................................................68
8.SUBDIVISION ...............................................................................................72
General Subdivision ..............................................................................................................73
Open Space Dedication .......................................................................................................74
9.ADMINISTRATION AND IMPLEMENTATION.......................................75
Public Participation................................................................................................................76
Development Officer ............................................................................................................76
Development Permits ...........................................................................................................78
Variances...................................................................................................................................79
Non-Conforming Structures and Uses...........................................................................80
Site Plan Approval..................................................................................................................81
Development Agreements..................................................................................................83
Amendments ...........................................................................................................................89
Reviewing the Plan ................................................................................................................92
10.FUTURE PROJECTS......................................................................................93
11.HISTORY OF MUNICIPAL PLANNING....................................................94
Planning Strategies and Land Use By-laws...................................................................94
Subdivision Control...............................................................................................................95
12.MAPS AND APPENDICES..........................................................................96
The Municipality of Chester Municipal Planning Strategy
Vision and Approach Page 1
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1.Introduction
The Municipality of the District of Chester (the Municipality) covers a large,rural area in
Lunenburg County, Nova Scotia.Our region is defined by its rugged coastline,
settlements and strong traditions. Over 10,000 people currently live here.
Our coastal communities are among the oldest in Nova Scotia.Our inland communities
are built on agriculture and forestry.This land is the traditional territory of the Mi’ kmaq,
who have called the area home for thousands of years. Today,First Nations
communities are found in both the
northern and coastal areas of the
District.Our heritage is long, diverse and
proud.
Traditionally, our economy was based
on fishing, farming and forestry.
Communities produced food, clothing and other necessities locally.As roads improved
and travelling became easier,our connections to other south shore communities,
Halifax and the Annapolis Valley increased.
Our location between Bridgewater,Halifax and the Annapolis Valley is stunning.With
hard work and dedication,we will build strong communities and a prosperous local
economy. We will encourage sustainable economic development. In so doing, we will
facilitate opportunities for more jobs and services for our residents,enhance community
character,and safeguard our beautiful natural areas. This Municipal Planning Strategy
will help the Municipality reach these goals.
Our location is stunning. With
hard work and dedication, we
will build strong communities
and a prosperous local economy.
Municipal Planning Strategy The Municipality of Chester
Page 2 Vision and Approach
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Purpose
This Planning Strategy sets out a vision for the Municipality,and provides policies that
guide and direct growth and development over the long term.It recognizes the
established character of communities found within its borders,and reflects how
residents would like to see their communities evolve and improve in ways that facilitate
growth, development and change where needed, while preserving and enhancing such
character.
This Planning Strategy serves as a reference for all citizens:those residing in the
Municipality and managing their property; and those engaged in residential,
commercial, industrial or institutional development. It includes policies for land use
and development control, which are implemented by regulations in the Subdivision By-
law and Land Use By-law.
This Planning Strategy is one component of the Municipality’s portfolio of long range
plans, including the Active Living Strategy (2008),the Integrated Community
Sustainability Plan (2009),the Municipal Climate Change Action Plan (2013),Council’s
Strategic Plan (2013-2016),and the Economic Development Strategy (2013).
Planning policy, and subsequent regulation,is only one part of community planning.
The Municipality, other governments, businesses, community groups and residents all
play a role in building a strong community.Many parts of this Planning Strategy build
on prior studies, like the Highway 3 Streetscape Study (2011)and the Age Friendly
Housing Study (2016). In addition to policies and regulation, this Municipal Planning
Strategy lists actions and programs needed to build a strong community.
The Municipality of Chester Municipal Planning Strategy
Vision and Approach Page 3
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Vision and Goals
This Planning Strategy is based on public meetings and public engagement held in 2015
and 2016.The ideas, input and feedback have led to clear, strong planning policies for
our communities.
Council adopted this Municipal Vision:
“The Municipality of the District of Chester
will be a self-sufficient and resilient
Municipality, built on the foundation of the
character of each of our unique communities.
Our communities will work together to
provide economic opportunities and a
balanced lifestyle for all.”
Feedback during our public engagement events built on and validated this Vision.
Residents spoke often about the need for strong,unique, complete and healthy
communities.They spoke about the need to balance growth and development with
the preservation of community character and the natural environment.
Our Community Goals and accompanying objectives are to realize a Municipality that:
Safeguards its natural environment by
Protecting infrastructure from sea level rise and storm surges
Reducing the rate of erosion and sedimentation in rivers and lakes
Encouraging the protection of water quality
Ensuring that identified,potential public drinking water supplies are protected
Treating and managing storm water and waste water
Reducing the impact of development on the natural environment
Celebrates its character and heritage by
Recognizing and enhancing the unique character of each community
Encouraging suitable rural and village settlement patterns
Encouraging community design that is traditional in scale and form
Facilitating access for all to the coast,to lakes and to rivers
Promoting the preservation of historic places
Providing a mix of places to live, work, play,and learn
Our Community Goals
Safeguard the natural environment
Celebrate character and heritage
Build a strong economy
Offer appropriate housing choices
Enjoy good social and physical health
Municipal Planning Strategy The Municipality of Chester
Page 4 Vision and Approach
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Builds a strong economy by
Adopting clear regulations and timely approvals
Providing specific areas for commercial and industrial development
Providing cost effective and efficient services to support growth
Fostering an economic environment that supports good jobs
Offers appropriate housing choices by
Allowing and encouraging a range of housing to meet the needs of all residents
of the Municipality
Encouraging a range of housing and care options for seniors to remain in the
community
Encouraging affordable housing
Enjoys good social and physical health by
Creating places for outdoor recreation across the Municipality
Designing and promoting accessible community spaces
Encouraging and supporting transportation options beyond the private car;
Connecting communities with safe cycling and walking routes
Photo: Jim Barkhouse
The Municipality of Chester Municipal Planning Strategy
Vision and Approach Page 5
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Character and Land Use
This Planning Strategy builds on the physical and social character of our Municipality
–on our illustrious history as well as on our natural and human resources –to
encourage responsible growth. It also addresses certain challenges such as climate
change, sea level rise and our aging population. The Planning Strategy is a response to
the circumstances of today, but also expresses our vision and goals for the future.
The vision and goals of the Planning Strategy are intended to foster the creation of
healthy, liveable communities.Different communities, however, have different needs,
and no single approach is right for all.Thus, the Planning Strategy contains sets of
policies uniquely created to serve different parts of the Municipality.The different parts
of the Municipality are based on community character. This character, defined in the
planning strategy in a range from rural (least dense)to village (most dense)–is its basic
organizing structure.
Close-knit rural communities are part of the Municipality’s fabric, as are communities’
heritage and traditions. Rural areas, however, are changing.In the past, rural
communities were supported by farming, fishing and forestry. These activities are still
critical, but they are gradually being supplemented by opportunities in the tourism,
culture and technology sectors.Meanwhile,seasonal homes, cottages and outdoor
recreation are commonplace, and many residents now travel to nearby towns, or to the
Halifax Regional Municipality, for work.
These changes have brought about different expectations of a ‘rural’ lifestyle.While the
rural hinterland, especially inland waterways and the coast,is attractive to residential
users,it also supports a resource economy where farming, forestry, fishing and industry
have co-existed for decades. Such activities sometimes involve heavy equipment, truck
traffic and noise –a reality in a rural setting.The Planning Strategy recognizes that
business and industrial use can be as much a part of the rural character as low-density
residential and recreational use. Accordingly, the Strategy encourages new
opportunities that build on that character while ensuring compatibility of neighbouring
land uses and the safeguarding of the natural environment.
Municipal Planning Strategy The Municipality of Chester
Page 6 Vision and Approach
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The following principles are adopted to help define rural character:
Rural communities have a low population density.
Small rural centres –hamlets –provide a focal point for shopping and services.
Agriculture, forestry and fishing are critical to rural character.
Much of the rural area should remain available for resource industries.
Development should have a low impact on the natural environment, to ensure
clean air and clean water.
Each community has a unique history and context. Some areas have a long-standing
mix of land uses, large undeveloped areas and strong resource industries.Others may
be faced with more development pressure because of local assets or proximity to larger
centres.To account for their distinct needs, this Planning Strategy assigns each
community with a Community Character Area.
The Community Character Areas are land use designations that accommodate degrees
of density,as follows:
Rural Area
Settlement Area
Hamlet Area
Village Area
Community Character Areas express how different communities exist today, and how
they will grow and change. Rural and settlement areas will continue to have low
population densities. They will continue to have a wide mix of land uses, development
patterns and large resource sectors. The Village (Chester) and Hamlets will continue to
have higher population densities. To respond to development pressure and conflict,
these denser Planning Areas will have stricter regulations.
There are two special land use designations:
Industrial and Business Area
Environmental Protection Area
The purpose of the Industrial and Business Area is to direct heavy industry and business
uses –those developments that require large tracts of land –to specific areas. The
purpose of the Environmental Protection Area is to safeguard key sensitive natural
resources: watersheds for safe drinking water,and specific islands dedicated to
conservation.
The Municipality of Chester Municipal Planning Strategy
Vision and Approach Page 7
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Therefore, Council adopts the following policies:
Land and communities in the Municipality shall be designated with a Community
Character Area that expresses that community’s desired character.
Land in the Municipality shall be designated as an Industrial and Business Area
where heavy industrial and business uses shall be directed.
Land in the Municipality shall be designated as an Environmental Protection Area
where natural resources shall be safeguarded.
The Municipal Planning Strategy shall identify the desired land uses allowed in
each Community Character Area, Industrial and Business Area, and
Environmental Protection Area.
The Municipal Planning Strategy shall contain policies and approaches to allow
and encourage traditional rural land uses, including forestry, fishing and
agriculture,while accommodating economic diversification.
The Municipal Planning Strategy shall create rural zoning that permits a broad
range of land uses, in recognition of the mix of uses traditionally found in rural
areas.
Municipal Planning Strategy The Municipality of Chester
Page 8 Vision and Approach
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Policy Approach
Council’s longstanding policy has been to impose minimal planning regulations, unless
a community asks for more regulation. This Planning Strategy takes a different
approach by providing guidance on how all communities should grow and develop.
Under this Planning Strategy, basic planning regulations are in place across the
Municipality to protect water quality and other critical common resources.Additionally,
it establishes basic environmental protections in all zones, as well as regulations that
will limit the impact of very large or disruptive developments.
Many residents are strongly connected to their land, and want few restrictions on how
they use it. Other residents desire regulations that would protect their communities and
neighbourhoods.Such regulations include land use policy and policy on community
design and physical character.
In recognition of the above, Council adopts the following policies:
All land in the Municipality shall be subject to, at a minimum, basic land use
regulations that:
a)control very large or disruptive land uses;
b)safeguard the natural environment.
Council shall consider more restrictive planning regulations when a community
has shown that it wishes to consider such regulations.Council shall undertake a
public engagement program to understand the wishes of the community before
creating or approving any amendments.
Notwithstanding Policy V-6,Council,on its own initiative,may consider more
restrictive provisions of the Planning Strategy and the Land Use By-law where
Council deems that such land use control is in the best interests of the community
and of the Municipality.
Council intends to control land use and developments in a manner that will lessen
conflicts between land uses and in a manner that is compatible with the existing
pattern of land use in the Municipality of Chester.
The Municipality of Chester Municipal Planning Strategy
Vision and Approach Page 9
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Land use policies and regulations shall reflect each community’s:
a)rural or village context;
b)existing land uses;
c)community character;
d)desire for regulation;
e)community vision.
Photo: Jim Barkhouse
Municipal Planning Strategy The Municipality of Chester
Page 10 Vision and Approach
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Authority and Scope
This Municipal Planning Strategy supersedes the Municipal Planning Strategy approved
by the Minister of Housing and Municipal Affairs on July 17, 1997 and thereafter
amended. This Plan is the product of a public review process begun in 2014, in
accordance with the Municipal Government Act, 1998, c. 18, s. 1.
This Planning Strategy provides the policy framework for land use and development
control. The Municipal Government Act enables Council to make statements of policy
with respect to a broad range of activities including future development, land use, public
lands, transportation, municipal services, municipal development, coordination of
public programs, and any other matters related to the physical, social or economic
development of the Municipality.
The Land Use By-law and the Subdivision By-law are the companion documents to this
Municipal Planning Strategy. These By-laws are the documents that will carry out its
the intent, as set out in the Municipal Government Act.
This Plan is a policy statement of Council. Council shall have regard to the policies
contained within the Municipal Planning Strategy.Council is not required to undertake
any action within the Plan.No development can be permitted which is contrary to the
policies of the Municipal Planning Strategy.
Although a Municipal Planning Strategy may state policies that are carried out through
resolutions of Council or through by-laws other than the Land Use By-law, the Land Use
By-law has a special relationship with the Municipal Planning Strategy. The Municipal
Government Act forbids Council from adopting or amending a Land Use By-law contrary
to the policies stated in the Municipal Planning Strategy.
Where there is a Land Use By-law in effect, the Act says that a Municipal Development
Permit must be obtained for any development, but also allows the By-law to specifically
exempt some developments from this requirement.
The Municipality of Chester Municipal Planning Strategy
Vision and Approach Page 11
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Council adopts the following policies:
This Municipal Planning Strategy applies to the whole of the Municipality of
Chester, which is an area of land shown specifically on the Generalized Future
Land Use Map.
The Chester Municipal Land Use By-law applies to the whole of the
Municipality of Chester, except for the Village of Chester Planning Area, as
shown on the Zoning Map of the Land Use By-law.
Working with other Governments and Local Partners
As in most rural areas, public services and public utilities in the Municipality of Chester
are provided by a network of federal, provincial, municipal, corporate, and volunteer
operations. Council has varying levels of responsibility for these services, and will work
with other levels of government to support and encourage the delivery of these services.
Council will work with First Nations neighbours in matters of planning and
development that may be of interest to, or affect,indigenous communities.
Council will work with federal, provincial, and municipal partners to deliver
services such as recreation, transportation, national defense, housing,
policing, and education.
Council will work with federal, provincial, and municipal partners to support
programs and infrastructure related to fishing, forestry, agriculture, tourism,
and other industries.
Council will continue to cooperate with all fire commissions in the
Municipality of Chester to ensure the provision of adequate fire protection.
Municipal Planning Strategy The Municipality of Chester
Page 12 Vision and Approach
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Council will continue to encourage and support volunteer groups in providing
a range of services.
The Municipality of Chester Municipal Planning Strategy
Liveable Communities Page 13
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2.Liveable Communities
All members of society desire a high quality of life, regardless of their age, income, or
ability. Residents should be able to maintain personal independence, and engage in
civic and social life. How we build communities affects peoples’lifestyles and health.
Community plans should contain goals and policies designed to support and promote
the mental, physical and social well-being of residents.
A ‘liveable’community is one in which:
Open space and the natural environment are safeguarded and may be
experienced by all
Healthy transportation options allow people to move freely and safely around
their community
Affordable, adequate, and sustainable housing is available,allowing people to
engage in community life
There is easy access to facilities and services, such as health care, recreation,
community meeting places,and retail
Neighbourhood design facilitates opportunities to connect with friends, family,
and community
Pursuing the goals of this Planning Strategy will help build healthy, connected,liveable
communities. This chapter contains policies specifically intended to improve to
livability of communities by addressing parks and open space, active transportation,
housing and heritage.
Council adopts the following general policies on liveable communities:
Council shall work to foster a healthy built environment within connected,liveable
communities that promotes wellness,and builds a sense of belonging and
community pride.
Council shall foster liveable communities by encouraging well-being,creativity,
entrepreneurship, community action,and recreation.
Municipal Planning Strategy The Municipality of Chester
Page 14 Liveable Communities
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Parks and Open Space
The policies in this section respond to the following objectives:
Creating passive and active recreation opportunities across the Municipality
Designing public spaces that attract people and activity
Designing and promoting accessible community spaces
Facilitating access for all to the coast, to lakes and to rivers
General policies
Every community needs good public open spaces. Parks, trails, beaches and
playgrounds provide places to meet neighbours, to play and to exercise. Good public
spaces are where all residents and visitors can feel welcome and safe.They are an
‘anchor’for the community and play a key role in maintaining healthy and vital
communities.
One strength of our communities is their proximity to nature and the wilderness. These
areas provide natural resources to support personal livelihoods,species habitat,and
outdoor recreation for residents. The Municipality plays a central role in providing
access to public lands for active and passive outdoor recreation. Public space, however,
is about more than green space, especially in the Village of Chester and in other centres
of community life.Streets, sidewalks and small parks are often owned and shared by
the public. Street, trail and sidewalk design is particularly important to promote active
transportation and healthy lifestyles. The Municipality partners with many groups to
make sure these places are safe and accessible.
The Municipality works to match recreation projects with the character and needs of
each community. In rural areas,the focus is on providing access to protected areas,
trails, rivers and other public lands. In small centres and the Village of Chester, the focus
is on more formal parks and playgrounds. These types of spaces should be in a central,
visible place, and attract a mix of users throughout the year.Design for public places in
such a way that they can be used by all age groups and abilities should be encouraged.
The Municipality has several ways to dedicate land for parks and public space. It can
purchase land or acquire it by donation. During the subdivision process,it can acquire
land for parks or public open space, or accept cash in lieu of land.To build great parks
and good public spaces, it is necessary first to acquire the right land, and second, to
design and program it to serve local needs and be part of a network of parks and public
spaces throughout the municipality.The Municipality will focus on obtaining resources
The Municipality of Chester Municipal Planning Strategy
Liveable Communities Page 15
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to develop parks or acquire high-quality land that will support its goals, and will prepare
an open space master plan that will outline future recreation needs.
Residents have said repeatedly that they desire more access to our coasts, to our lakes
and to our rivers. Council will work towards providing more access to the water.Where
appropriate, in addition to acquiring more land with water access, the Municipality will
acquire land that can be turned into useable, inviting spaces.
Council adopts the following general policies on parks and open spaces:
A parks and open space plan shall be undertaken to guide the acquisition and
development of parks and open spaces across the Municipality.
Design of parks and open space which facilitates use by all age groups and all
abilities, as appropriate, shall be encouraged.
Council shall continue to work with other governments and community groups to
provide parks and open space for residents.
Council shall work to advance the goals and projects found within the Municipal
Active Living Strategy.
Council shall explore opportunities to obtain properties that have water access and
are suitable for recreation.
Council shall explore opportunities and partnerships to provide the public with
better waterfront access.
Municipal Planning Strategy The Municipality of Chester
Page 16 Liveable Communities
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Land adjacent to inland waterways and coastal shores
Within the Municipality, parks may be developed by provincial, federal or municipal
governments, whether individually or in partnership.However,parks and other places
intended for public use can be developed by other public or private organizations, or by
individuals.Of special concern is development that provides public access to inland
waterways and to coastal shores through the development of parks, open space, or other
recreational lands owing to the environmental impacts of waterfront development as
well as its impact on neighbouring residents.
When no other formal agreement has been established,Council believes that the
development of land by interests other than the Municipality of Chester or the Crown,
and which provides public access to inland waterways and coastal shores, should be
subject to a process that ensures adequate measures are taken to protect the
environment, reduce potential land use conflicts and engage the public in the process.
Council therefore adopts the following policies:
Council shall consider the development of land that provides public access to
waterways and coastal shores identified the Generalized Future Land Use Map,
which are not owned by the Crown or the Municipality of Chester,or in which the
Municipality is not a partner,only by Development Agreement subject to the
policies in 9.7.1 and 9.7.4.For the purpose of this policy, access to inland
waterways comprises activities such as, but not limited to, boat launches, beaches,
picnic areas, parking areas and associated public amenities.
Prior to a development agreement for a development subject to Policy L-9 being
considered by Council or any committee of Council, the developer must hold at
least one public information meeting in the community in which the development
is proposed to receive feedback and input from the community on the design,
layout, and use of the development.
The Municipality of Chester Municipal Planning Strategy
Liveable Communities Page 17
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Transportation
The policies in this section respond to the following objectives:
Encouraging and supporting transportation options beyond the private
automobile
Connecting communities with safe cycling and walking routes
Our transportation systems connect people to jobs, events, and services in their
communities. Traditionally, our municipality has been built around the private
automobile as the primary mode of transportation. But residents are now looking for
healthier, more environmentally friendly means of transportation, including walking,
cycling, and public transit. Additionally, as our population ages,a higher proportion may
be unable to drive or have access to a private vehicle.Without alternative forms of
transportation, some residents can become isolated from friends and family, important
services, and employment opportunities.
Encouraging active transportation, such as walking and cycling, will require rethinking
how we design our communities. It is a long process that will involve continual work,
budgeting,and strategic planning.Building sidewalks, bike lanes, and trails is vital,
especially in areas where walking and biking is currently unappealing, or even
dangerous.Cycling and walking routes are most critical in places where services are
clustered, to help people easily reach services like health care, banks, grocery stores and
schools. Additionally, walking and cycling provide opportunities for recreation and
active living.New development can support multi-modal access in its design.
Providing public transit that is of high enough quality to compete with cars is well
beyond the means of a rural municipality. The Municipality can, however, focus on
supporting alternatives to the car, like “dial-a-ride” transit service. Community Wheels
already operates such a service for residents, which offers pre-booked door-to-door
service to residents. This type of service provides critical coverage to many people
wishing to access shopping, medical appointments and other errands.
Through this Planning Strategy’s policies,Council will give priority to creating more
travel options for residents.By supporting walking, cycling and community transit,
residents will have more opportunities for recreation and community engagement.
When paired with good community design,people will have better access to the support
and services they need to stay healthy and connected.
Municipal Planning Strategy The Municipality of Chester
Page 18 Liveable Communities
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Council adopts the following policies for transportation:
Council shall give priority to sustainable transportation choices that provide better
travel options for residents.
Council shall give priority to cycling and walking improvements that both support
long term recreation plans and support practical trips for residents.
Council shall continue to support dial-a-ride transit and other community transit
services, through in kind support, partnerships and other means.
Within the framework of the Active Transportation Policy,Council shall continue
to work with the Province to create safe roads,highways,sidewalks, bike lanes and
active transportation routes for all users.
Council shall encourage new development that provides attractive cycling and
walking options.
The Municipality of Chester Municipal Planning Strategy
Liveable Communities Page 19
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Housing
The policies in this section respond to the following objectives:
Facilitate development of a range of housing types to meet the needs of all
residents of the Municipality
Encourage a range of housing and care options for seniors to remain in the
community
Encourage affordable housing
For decades, there has been a standard approach to building housing in the Municipality.
Houses are often built in rural or suburban subdivisions, just off main roads. In many
cases, houses are separated from other uses like stores or workplaces. In some cases,
housing itself is sorted by type: single-unit in one area; two-unit houses in other areas;
apartments, and so on.
While this model may have had merits in the past, our communities are changing. Our
households are becoming smaller, family units are more diverse, and our senior
population is continually growing. Furthermore, economic forces are making homes
less affordable:National Household Survey (Statistics Canada 2011)data reveal that 12%
of households in the Municipality are paying more than 30% of their income towards
housing costs.Additionally, many households report housing that needs major repair,
or is not suitable for the size of their household.Thus,our housing stock is not always
well-suited to the needs of residents. A livable community means one where everyone,
regardless of age, income, or ability, can access housing that is in a state of good repair,
is suitable for the size of their household, and is affordable.
While providing housing assistance is the Province’s mandate, municipalities must take
on a supporting role by ensuring there are no barriers to creating new affordable housing
as well as special needs housing.This includes assessing the need and supply of these
housing types and developing solutions appropriate to the area.The Municipality can
support affordable housing by allowing for more density where appropriate, whether in
the form of secondary suites,mini-homes or other compact housing options. Council
has also directed that central sewer service, where it exists, is to be used efficiently. This
means allowing more housing in areas with services, which lowers servicing cost.
Additionally,the municipality can work with community groups and developers to
encourage the design and development of innovative housing solutions and
neighbourhoods to meet the diverse housing needs of our communities.
Municipal Planning Strategy The Municipality of Chester
Page 20 Liveable Communities
DRAFT
Council adopts the following policies to address housing in the Municipality:
Council shall encourage a range of housing types and densities that respond to
the needs and physical character of each community, including but not limited
to: housing for varied household sizes, housing for seniors and others with
special housing needs, and affordable housing.
The Land Use By-law shall provide a range of development approaches, including
but not limited to development agreements, mixed-use zoning,varied residential
types and densities,secondary suites, manufactured housing and alternative
development standards, to encourage the development of innovative housing
concepts.
Council may work with community organizations, with non-profit and cooperative
groups and with developers to encourage innovative neighbourhood design and
housing approaches,including affordable housing,in the Municipality.
Mobile/Mini Homes
Mobile homes and mini homes are an affordable alternative to traditional single and
multiple-unit housing types. They are permitted in all communities outside of Chester
Village and in some parts of Chester Village.It is important for mobile home parks and
mini home developments to be designed and constructed to ensure a high standard of
living for their residents,including meeting standards for roads sufficient for
emergency and waste collection, as well as standards for site drainage.For this reason,
larger mobile/mini home developments shall be approved by Site Plan or Development
Agreement.
Council adopts the following policies for mobile/mini homes:
Mobile and mini homes shall be allowed in all zones, unless otherwise stated in
the Land Use By-law.
The Municipality of Chester Municipal Planning Strategy
Liveable Communities Page 21
DRAFT
Where permitted, mobile and mini home developments of medium density shall
only be approved by Site Plan Approval.
Where permitted, mobile and mini home developments of high density shall only
be approved by Development Agreement.
2.3.2 General Residential Development
Council adopts the following general policy for residential developments:
Residential developments that require a development permit shall:
maintain a vegetated setback between all main structures and any water courses;
a)include infrastructure designed to improve stormwater quality and
reduce peak stormwater flows from the site; and
b)not build on any steep slopes, wetlands or areas prone to flooding.
Municipal Planning Strategy The Municipality of Chester
Page 22 Liveable Communities
DRAFT
Heritage
The policies in this section respond to the following objectives:
Recognizing and enhancing the unique character of each community
Preserving and celebrating historic places
Chester Municipality is rich in heritage resources. These are expressed in three ways:
Customs, values and traditions, including those belonging to Indigenous peoples,
those inherited from early settlers, and those brought here by new arrivals;
Buildings of architectural or historical importance, as well as neighbourhoods
and streetscapes that contribute to the character of communities;
Landscapes shaped by human activity (known as cultural landscapes), and
special places that may hold significant archaeological artifacts.
The preservation and celebration of a community’s heritage is important because it
contributes to a sense of place and identity for residents. At the same time, local
customs, values and traditions, as well as places with a distinct, historic character, are
of interest to visitors from near and far.
In Nova Scotia, heritage properties are protected under the Heritage Property Act.At the
time of this Plan’s adoption by Council, Chester Municipality contained forty-five
registered Municipal Heritage Properties. Significant alteration or demolition of any
registered heritage property requires Council approval. The Act also enables the
designation of heritage conservation districts and cultural landscapes.
Important archaeological or paleontological sites are recognized and protected under
the Special Places Protection Act.One site, Oak Island, is protected under the Oak Island
Treasure Act.
When feasible, the Province of Nova Scotia assists owners of registered heritage
properties with grants for repair, restoration and technical advice. Additionally,the
Province has adopted national standards and guidelines for the conservation of heritage
resources.
Council recognizes that preserving a community’s heritage is important to its social and
economic well-being, and that promoting heritage can benefit the local economy. There
should,therefore,be standard approaches to stewardship of heritage buildings,
landscapes and special places.
The Municipality of Chester Municipal Planning Strategy
Liveable Communities Page 23
DRAFT
Council adopts the following policies for the recognition, preservation and celebration
of heritage:
Council shall maintain a Register of Municipal Heritage Properties, and shall
encourage the continued registration of properties pursuant to the Heritage
Property Act.
Council shall adopt the Standards and Guidelines for the Conservation of Historic
Places in Canada in evaluating substantial alterations to Registered Heritage
Properties.
Council shall work with property owners and heritage organizations to designate
buildings, districts and cultural landscapes of historical and/or architectural
importance to communities.
Council shall cooperate with the Province of Nova Scotia in raising awareness of
heritage programs that affect residents and property owners in the municipality.
Council shall cooperate with the Province of Nova Scotia in matters pertaining to
the protection of places of potential archeological significance.
Council shall continue to work with community groups as they promote and
celebrate the cultural heritage of their communities.
Municipal Planning Strategy The Municipality of Chester
Page 24 General Land Use Policies
DRAFT
3.General Land Use Policies
It is the intention of Council, in implementing the key goals and policies of this Planning
Strategy, to control land use and development in a manner that will minimize conflicts
between land uses, and to encourage development that preserves and enhances both
the natural and living environments in the Municipality. Certain matters listed in this
section apply to all Community Character Areas, special Areas and Zones.
Council adopts the following general land use policies:
Permitted Uses
Unless otherwise indicated as a permitted use in a Zone within the Land Use By-
law, the use shall be prohibited in the Zone specified.
Any lot of land may be used for a purpose permitted in the zone in which it is
located, including:
a)all lots created prior to the effective date of this Planning Strategy;
b)all lots created through subdivision approval under any provision of
the Provincial Subdivision Regulations or the Subdivision By-law;
c)all lots created by any event for which subdivision approval is not
required.
Habitation of Motor Vehicle Bodies
Policy G-3
The Land Use By-law shall prohibit cars,trucks and other motor vehicle bodies
from being used for permanent human habitation.
Temporary and Special Uses
Policy G-4
Council shall permit, without a development permit, temporary structures
incidental to construction,including but not limited to scaffolding and structures
for storage of equipment and material.
The Municipality of Chester Municipal Planning Strategy
General Land Use Policies Page 25
DRAFT
Policy G-5
Council shall permit, without a development permit, the use of banners, display
booths and similar structures in conjunction with an election, festival, celebration
or special event.
Policy G-6
Council shall consider yard sales or auctions of personal property on a lot to be a
temporary use not requiring a development permit.
Policy G-7
Council shall place limits on the length of time that any temporary or special use
may remain in place.
Accessory and Ancillary Uses
Policy G-8
Council shall permit an accessory use, building, or structure that is incidental or
essential to the permitted use for each Zone,subject to the requirements of the
Land Use By-law.
Policy G-9
Unless otherwise permitted in the Zone,Council shall prohibit the use of an
accessory structure for human habitation in any zone.
Policy G-10
Council shall permit parks,playgrounds and other non-commercial recreation
uses in all zones.
Policy G-11
Council shall permit places of worship and cemeteries in all zones.
Municipal Planning Strategy The Municipality of Chester
Page 26 General Land Use Policies
DRAFT
Access and Public Safety
Policy G-12
Council shall establish, in the zones where they are appropriate, minimum yard
requirements for separation between adjacent buildings as well as between
buildings and lot lines, for adequate fire separation, emergency vehicle access, on-
site parking, maintenance of buildings and land, private outdoor space, solar
exposure, air circulation, separation from watercourses, and separation of land
uses to reduce land use conflicts.
Policy G-13
Council shall establish use-specific parking standards as appropriate in the Land
Use By-law, and where developments are permitted by development agreement,
the agreement shall make provision for adequate parking to serve the development
proposal.
Signs
Policy G-14
Council shall regulate all signs, through appropriate provisions in the Land Use By-
law.
Home-based Businesses
Policy G-15
Council shall permit home-based businesses in all zones, and may set limits to the
size and type of business to ensure that they remain small-scale and compatible
with neighbouring uses.
Policy G-16
Council may regulate signs, open storage, and outdoor display of home-based
businesses in order to minimize impacts on adjacent residential uses.
The Municipality of Chester Municipal Planning Strategy
General Land Use Policies Page 27
DRAFT
Radiocommunications Facilities
Council recognizes that the sole authority for issuing licenses for radiocommunications
facilities lies with the Federal Government under the Radiocommunications Act.The
Municipality is a participating Land Use Authority with the Canadian
Radiocommunications Information and Notification Service (CRINS).
Policy G-17
Council shall authorize the Canadian Radiocommunications Information and
Notification Service (CRINS)to conduct siting, review and public consultation
processes in accordance with the CRINS Antenna System Siting Review and
Consultation Protocol, Reference Issue 3 [2014](as amended from time to time).
The role of the Municipality shall be to provide input and comments as part of this
Protocol.
Municipal Planning Strategy The Municipality of Chester
Page 28 Community Character
DRAFT
4.Community Character
The policies in this section respond to the following objectives:
Recognizing and enhancing the unique character of each community
Encouraging suitable rural and village settlement patterns
Reducing the impact of development on the natural environment
Providing specific areas for commercial and industrial development
Providing cost effective and efficient services to support growth
The Municipality is made up of many communities.Some communities are very rural,
while others are small hamlets or villages.Recognizing and enhancing each
community’s unique character is the key principle behind this plan’s organizing
structure. As communities are defined by their physical and cultural characteristics.
They belong within a specific Community Character Area.
The Community Character Areas are:
Rural Area
Settlement Area
Hamlet Area
Village Area
Character Areas are descriptive,in that they explain how each community is physically
laid out.They are also visionary, as they describe the desired outcome for each
community.Each Area has policies that describe the developments and land uses
allowed in that designation. Each Area also has policies describing what level of
regulation is appropriate.For example, some rural communities will have few
regulations under the Land Use By-law.Different zones may be applied to different land
within each Area.
In recognition of these considerations, Council adopts the following policies:
The Generalized Future Land Use Map shall depict the Character Areas in the
Municipality.
The Zoning Map in the Land Use By-law shall depict the extent of all zones.
The Municipality of Chester Municipal Planning Strategy
Community Character Page 29
DRAFT
The Municipal Planning Strategy policies shall describe:
a)the desired character of each Community Character Area;
b)the types of land use appropriate in each Community Character Area;
c)the appropriate zones and regulations that may apply in each
Community Character Area
Municipal Planning Strategy The Municipality of Chester
Page 30 Community Character
DRAFT
Rural Area
The Rural Area provides land for economic activity and adds to the beauty of the
Municipality.A mix of wilderness,resource lands and rural communities make up the
Area.A low population density with mostly single unit homes is part of this Area’s
character.Resource industries are a key part of the rural economy.Forestry, fishing and
natural resource processing occur throughout the Area.Agriculture, the raising of farm
animals, and food production are also part of the rural fabric.Supporting a rural lifestyle,
with access to open space, nature and traditional industries, is an important principle.
The Rural Area therefore allows a broad range of land uses and buildings.
Environmental regulations –especially for water quality –are now in place to safeguard
communal resources.During the Plan Review process, the importance of sound
environmental stewardship was made clear from public feedback. At the same time,
many rural residents expressed a desire for a low level of environmental regulation.To
balance these aspirations,this Planning Strategy only applies environmental standards
to larger projects,and to projects that may have a sizeable impact on water quality.
The Rural Area and Rural Basic Zone replace the General Basic Area and Zone from the
previous Planning Strategy.While stronger environmental standards for large
developments are stipulated, there remain few land use regulations for small
developments. As in other Areas, regulations are stricter for larger or more intensive
projects.Certain developments such as golf courses, abattoirs, and fur farming may
have impacts on neighbouring uses –for example noise, dust and odour –such that
they will require approval by development agreement.
Heavy industry is prohibited in the Rural Area.Heavy industry includes uses that create
emissions like excessive noise, odour, ash, dust or heavy vibrations. It also includes
dangerous uses that should be separated from other uses. These include bulk storage of
petroleum, heavy metals, ore, caustic chemicals or dangerous goods. Council has
decided these uses should be allowed only within the Industrial and Business Area.
Council adopts the following policies for the Rural Area:
A Rural Area designation shall be created which shall generally be placed on lands
outside of the more densely developed regions of the municipality. The extent of
the Rural Area designation shall be identified on the Generalized Future Land Use
Map.
The Municipality of Chester Municipal Planning Strategy
Community Character Page 31
DRAFT
The intent of the Rural Area designation is to:
a)encourage the continuation of a moderately changing and diverse
rural landscape;
b)permit a broad range of land uses and structures;
c)provide land use regulations for larger and more intensive uses;
d)allow for a range of development options that are consistent with the
types of development occurring in rural areas;
e)safeguard the natural environment.
Rural Basic Zone
POLICY GOALS:
to exempt common low-impact uses from land use standards
to identify a range of development standards that will be applied in order to
minimize potential impacts of intensive uses
Council therefore adopts the following policies:
A Rural Basic Zone shall be created to carry out the intent of the Rural Area
designation by:
a)permitting a broad range of land uses and structures;
b)regulating larger, more intensive uses that may impact rural character.
Notwithstanding Policy G-1,all land uses other than heavy industrial are
permitted in the Rural Basic Zone,unless otherwise indicated in the Land
Use By-Law.
The Rural Basic Zone shall regulate permitted and prohibited uses and site
standards depending on their size and their impact.
Municipal Planning Strategy The Municipality of Chester
Page 32 Community Character
DRAFT
The Rural Basic Zone shall only be applied in the Rural Area.
In the Rural Basic Zone,site plan approval shall be utilized in accordance with the
provisions of the Municipal Government Act to regulate:
a)moderate-density residential development;
b)small abattoirs;
c)commercial salvage yards not subject to Provincial licensing;
d)recycling facilities and sorting depots.
In the Rural Basic Zone, development agreements shall be utilized in accordance
with the provisions of the Municipal Government Act to permit:
a)high density residential developments;
b)golf courses;
c)public waterfront parks not owned by the Municipality.
In the Rural Basic Zone, development agreements shall be utilized in accordance
with the provisions on the Municipal Government Act to permit:
a)large abattoirs;
b)fur farming;
c)stationary and modular asphalt plants;
d)industrial composting facilities not owned by the Municipality
where, in addition to relevant criteria in Policies found in sections 9.7.1
and 9.7.2 of this Planning Strategy, and applicable Provincial standards,
Council shall establish terms and conditions for setbacks from property
lines and watercourses, distances from existing residential, institutional
and recreational buildings, screening, buffering, and protection from
emissions including but not limited to noise, dust, smoke, odour and
artificial light.
Municipality of Chester Municipal Planning Strategy
Community Character Page 33
DRAFT
Settlement Area
The Settlement Area covers land near Highway 103 and Highway 3.While still having a
rural feel,settlement patterns are more concentrated and steady growth is likely in this
Area.The Settlement Area is created to encourage and prepare for development in a
manner that is compatible with each community’s environment and character.
Emphasis shall be on creating well-designed communities that support future
residential growth complemented by businesses,institutions, and light industry.It also
regulates larger developments and some uses that have the potential to negatively
impact neighbourhoods.Some parts of this Area were zoned General Basic under the
previous Municipal Planning Strategy, but Council has created the Settlement Area to
lessen land use conflicts in more built up areas.
The settlement area is unique in that residents tend to relate more to suburban lifestyles
than traditional rural ones.Thus,there is a need to create zones more tailored to these
forms of development. There is also a need to create a comprehensive planning
approach to safeguard the rural landscape that residents value so highly.
The zones created are:
The Mixed-Use Zone –widely applied for areas requiring a low level of regulation,
especially over small developments. Most regulations are in place to lessen
conflicts which may occur when larger uses are proposed for the area;
The Single Unit Residential Zone –carried over from the previous Municipal
Planning Strategy for those established neighbourhoods to ensure the continuity
of a quiet residential character;
The Settlement Residential Zone –carried over from the Rural Use Zones near
the Village and applied to several parts of the Settlement Area where rural
residential landscape character is most evident;
The Coastal Island Zone –respects the ecological integrity of islands by limiting
intense development and is applied to all coastal islands which are not donated
in trust or owned by the Municipality;and
The Gateway Zone –for those areas close to hamlets and villages, where tighter
controls for large commercial, light industrial, institutional and multi-unit
residential projects are applied.
Municipal Planning Strategy Municipality of Chester
Page 34 Community Character
DRAFT
Therefore,Council adopts the following policies for the Settlement Area:
A Settlement Area designation shall be created,which shall generally be placed
on the more densely-populated areas primarily south of Highway 103 that have
experienced modest development pressures. The extent of the Settlement Area
shall be identified on the Generalized Future Land Use Map.
The intent of the Settlement Area designation is to:
a)permit a mix of uses that can foster cohesive communities of
moderate density;
b)provide a varying level of regulation which recognizes the diversity
of the different communities within the Settlement Area;
c)prepare for development, especially near major highways;
d)encourage development compatible with the Area’s character;
e)ensure that commercial and light industrial development is well-
designed and does not create highway strip environments;
f)safeguard the natural environment, especially water quality.
The policies of the Settlement Area shall be implemented by:
a)creating the Mixed-Use Zone;
b)creating the Single-Unit Residential Zone;
c)creating the Settlement Residential Zone;
d)creating the Coastal Island Zone;
e)creating the Gateway Zone;
f)providing setbacks, yard sizes and site standards for rural uses,
including the keeping of farm animals and the processing of natural
resources;
g)providing environmental regulations such as watercourse setbacks
for developments that require a development permit;
h)providing stormwater standards for large developments;and
i)prohibiting heavy industrial uses and fur farming;
j)creating site design standards for driveways, signage, landscaping,
lighting, stormwater and the location of parking in the Gateway Zone.
Municipality of Chester Municipal Planning Strategy
Community Character Page 35
DRAFT
Mixed-Use Zone
POLICY GOALS:
to encourage the continued development of the municipality’s traditional mix of
rural land uses in populated areas
to identify a range of development standards that will be applied to moderately
intensive uses in order to minimize their impact on neighbourhoods,the
environment and the community
to prohibit highly intensive uses
Council therefore adopts the following policies for the Mixed-Use Zone:
Policy CC-16
A Mixed-Use Zone shall be applied only in the Settlement Area and the extent shall
be shown on the zoning map in the Land Use By-law.
Policy CC-17
Within the Mixed-Use Zone, it shall be the intent of Council to:
a)allow a range of residential,small-scale business,commercial,
institutional and light industrial uses;
b)provide modest setbacks for certain rural uses, including the keeping
of farm animals and the processing of natural resources;
c)provide basic site design standards for commercial, industrial and
institutional uses in order to limit the impact of lighting, driveways
and signage;
d)provide basic environmental regulations such as watercourse
setbacks for all developments;
e)provide stormwater standards for large developments;
f)prohibit heavy industrial uses and fur farming.
Policy CC-18
For commercial,light industrial,and institutional development in the Mixed-Use
Zone, the Land Use By-law shall:
a)limit the number, location and size of signs;
b)limit the number and location of driveways;
c)provide standards to reduce light pollution and glare from outdoor lighting.
Municipal Planning Strategy Municipality of Chester
Page 36 Community Character
DRAFT
Policy CC-19
Performance standards for stormwater will be applied to large commercial,light
industrial and institutional developments, through the Land Use By-law.
Policy CC-20
The Land Use By-law shall state the common low-impact uses for which no
development permit shall be required.
Policy CC-21
In the Mixed-Use Zone, a development permit shall be required for:
a)low density residential developments;
b)small commercial, institutional and light-industrial developments;
c)natural resource processing;
d)home-based businesses;
e)keeping of farm animals;
f)small campgrounds, RV Parks and tourist accommodations.
Policy CC-22
In the Mixed-Use Zone, site plan approval shall be utilized in accordance with the
provisions of the Municipal Government Act to regulate the site design of:
a)moderate density residential developments;
b)large commercial, institutional and light industrial developments;
c)small salvage yards not requiring Provincial licensing;
d)marinas;
e)moderately-sized campgrounds, RV Parks and tourist
accommodations.
Municipality of Chester Municipal Planning Strategy
Community Character Page 37
DRAFT
In the Mixed-Use Zone, development agreements shall be utilized in accordance
with the provisions of the Municipal Government Act to permit:
a)high density residential developments;
b)golf courses;
c)large campgrounds and RV Parks;
d)public waterfront parks not owned by the Municipality;
e)large tourist accommodation developments;
f)stationary and modular asphalt plants;
g)abattoirs;
h)composting facilities;
i)salvage yards requiring Provincial licensing.
Single-Unit Residential Zone
POLICY GOAL:
To safeguard the character and foster the stability of established single-unit
residential neighbourhoods,while limiting or prohibiting other land uses.
Council adopts the following policies for the Single-Unit Residential Zone:
The Single-Unit Residential Zone shall be applied only in the Settlement Area and
shall generally be applied to existing residential neighbourhoods primarily
consisting of single-unit dwellings.The extent of the Single-Unit Residential Zone
shall be shown on the Zoning Map in the Land Use By-law.
The Single-Unit Residential Zone shall:
a)permit single unit dwellings as the primary land use;
b)permit limited types of home-based businesses;
c)prohibit natural resource processing,farm animals,industrial uses
and commercial uses;
d)provide a minimum lot size and a minimum lot frontage.
Municipal Planning Strategy Municipality of Chester
Page 38 Community Character
DRAFT
Settlement Residential Zone
POLICY GOALS:
to safeguard the essential character of rural residential areas
to permit a limited amount commercial, light industrial,farming,and natural
resource processing
to prohibit intensive uses
Council adopts the following policies for the Settlement Residential Zone:
The Settlement Residential Zone shall be created in the Land Use By-law and shall
only be applied in the Settlement Area,the extent of which shall be shown on the
Zoning map in the Land Use By-law.
The Settlement Residential Zone shall:
a)permit single-unit and two-unit dwellings as the primary land uses;
b)permit home-based businesses;
c)permit small-scale commercial,institutional, and light industrial uses;
d)prohibit heavy industrial uses and a range of intensive commercial and
institutional uses;
e)provide setbacks and other limits on the keeping of farm animals;
f)provide a minimum lot size and a minimum lot frontage.
The Land Use By-law shall approve the following uses in the Settlement
Residential Zone by development permit:
a)single unit and two unit dwellings on a lot;
b)home-based businesses;
c)farm uses, including land-based aquaculture.
Municipality of Chester Municipal Planning Strategy
Community Character Page 39
DRAFT
In the Settlement Residential Zone, site plan approval shall be utilized in
accordance with the provisions of the Municipal Government Act to regulate the
site design of
a)moderate density residential developments;
b)limited natural resource processing, light industrial uses and
commercial uses.
In the Settlement Residential Zone, development agreements shall be utilized in
accordance with the provisions of the Municipal Government Act to permit:
a)high density residential developments;
b)public waterfront parks not owned by the Municipality.
Coastal Island Zone
POLICY GOAL:
To limit development on coastal islands not owned by the Municipality in
order to safeguard their character as well as their ecological integrity.
Council adopts the following policies for the Coastal; Island Zone:
A Coastal Island Zone shall be created in the Land Use By-law .and shall be applied
to all coastal islands not owned by the Municipality.The extent of the Coastal
Island Zone shall be shown on the Zoning Map in the Land Use By-law.
The Coastal Island Zone shall:
a)permit single unit dwellings;
b)permit limited eco-tourism uses;
c)permit small-scale commercial uses;
d)permit land-based aquaculture uses;
e)permit home-based businesses;
f)require large minimum lot sizes and setbacks.
Municipal Planning Strategy Municipality of Chester
Page 40 Community Character
DRAFT
The Land Use By-law shall allow for the approval of the following permitted uses
in the Coastal Island Zone by development permit.
Gateway Zone
POLICY GOALS:
To accommodate high-growth potential expected at entry points to hamlets and
the Village of Chester;and
To ensure that residential, commercial, institutional and light industrial uses are
designed to be mutually compatible.
Council adopts the following policies for the Gateway Zone:
A Gateway Zone shall be created in the Land Use By-law and shall be applied only
in the Settlement Area.The extent of the Gateway Zone shall be shown on the
Zoning Map in the Land Use By-law.
The intent of the Gateway Zone is to:
a)encourage suitable site design and built form in gateways to hamlets
and the Village of Chester;
b)allow for a range of residential, institutional, commercial, and light
industrial uses;
c)limit and regulate rural uses that may impact the character of
gateways;
d)prohibit heavy industrial uses, fur farming and other industrial uses
that are incompatible with the intent of the Settlement Area;
e)provide stormwater standards for large developments;
f)provide environmental regulations such as watercourse setbacks for
large developments.
Municipality of Chester Municipal Planning Strategy
Community Character Page 41
DRAFT
In the Gateway Zone,a development permit shall be required for:
a)single unit and low density residential developments;
b)home-based businesses;
c)small commercial, institutional and light-industrial developments;
d)recreation uses.
In the Gateway Zone,site plan approval shall be utilized in accordance with the
Municipal Government Act to regulate the site design of:
a)moderate density residential developments;
b)large commercial, institutional and light industrial developments;
c)small campgrounds, RV Parks and tourist accommodations.
In the Gateway Zone,development agreements shall be utilized in accordance with
the Municipal Government Act to regulate:
a)high density residential development;
b)golf courses;
c)large campgrounds;
d)large tourist accommodations;
e)public waterfront parks not owned by the Municipality
Municipal Planning Strategy Municipality of Chester
Page 42 Community Character
DRAFT
Hamlet Area
Hamlets are small communities with a distinct commercial area and a cluster of
housing. They are denser and offer more services than either the Rural or Settlement
Areas. They are hubs that provide services to the surrounding area,while their settings
and landmarks are familiar to area residents and thus make a strong contribution to the
Municipality’s physical character.Churches, halls, volunteer fire departments, legions,
clubs and societies generally locate in these areas and help to bind them together as
communities.The purpose of the Hamlet Area is to preserve the character of community
hubs.
Hamlets were zoned General Basic in the previous Municipal Planning Strategy.To
preserve and enhance the area’s character, the Hamlet designation provides regulations
for large developments,and prohibits some incompatible developments.
The cores of Chester Basin, Western Shore, Hubbards and New Ross are the areas
considered to be Hamlet Areas. Development will be regulated through the Hamlet Zone
and the Rural Hamlet Zone.The Rural Hamlet Zone is a unique zone created for New
Ross which has more rural characteristics than the other Hamlets and therefore fewer
development restrictions.However, feedback from the community expressed a desire
for some limited regulations,to protect community character. Therefore, unlike the
Rural Basic Zone which surrounds it, the Rural Hamlet Zone states permitted uses
where, unless indicated, a use is deemed to be prohibited.
Council adopts the following policies for the Hamlet Areas:
The Hamlet Area designation shall be created and shall be generally placed in
areas that have a mix of land uses in more densely built-up areas. The extent of the
Hamlet Areas shall be identified on the Generalized Future Land Use Map.
Municipality of Chester Municipal Planning Strategy
Community Character Page 43
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The intent of the Hamlet Area designation is to:
a)encourage development compatible with the existing character of each
hamlet;
b)permit a range of residential developments;
c)permit modest sized business and light industrial uses; and
d)be a focus for investment in community infrastructure;
The policies of the Hamlet Area shall be implemented by:
a)creating the Hamlet Zone;
b)creating the Rural Hamlet Zone;
c)providing environmental regulations such as watercourse setbacks
for developments that require a development permit;
d)providing stormwater standards for large developments.
Hamlet Zone
POLICY GOALS:
to recognize, preserve and enhance the unique character of the communities of
Hubbards, Chester Basin and Western Shore by applying regulations for
residential, commercial, institutional and light industrial developments that will
minimize conflict with the existing character of these communities
to be a focus for investment in services and public amenities
Council therefore adopts the following policies for the Hamlet Zone:
A Hamlet Zone shall be created in the Land Use By-law and shall be applied only
in the Hamlet Area.The extent of the Hamlet Zone shall be shown on the Zoning
Map in the Land Use By-law.
Municipal Planning Strategy Municipality of Chester
Page 44 Community Character
DRAFT
The Hamlet Zone shall:
a)permit a range of residential, commercial, institutional and light
industrial uses;
b)provide minimum setbacks for all building types;
c)provide site design standards for larger commercial, industrial,
institutional and residential uses to limit the impact of these
developments;
d)provide stormwater standards for large developments
e)provide environmental regulations such as watercourse setbacks for all
developments;
f)prohibit heavy industrial uses,fur farming and other industrial uses
that are incompatible with the Hamlet Area.
In the Hamlet Zone, a development permit shall be required for:
a)single-unit and low density residential developments;
b)home-based businesses;
c)small commercial, institutional and light-industrial developments.
In the Hamlet Zone,site plan approval shall be utilized in accordance with the
Municipal Government Act to regulate the site design of:
a)moderate density residential developments;
b)moderate commercial,institutional and light industrial
developments;
c)marinas;
d)small campgrounds, RV Parks and tourist accommodations.
In the Hamlet Zone, development agreements shall be utilized in accordance with
the Municipal Government Act to permit:
a)high density residential developments;
b)public waterfront parks not owned by the Municipality.
Municipality of Chester Municipal Planning Strategy
Community Character Page 45
DRAFT
Rural Hamlet Zone
POLICY GOAL:
to recognize,preserve,and enhance the unique character of the community of
New Ross by applying regulations for residential, commercial, institutional and
light industrial developments that will minimize conflict with the existing
character of this community, while exempting common, low-impact uses.
Council adopts the following policies for the Rural Hamlet Zone:
A Rural Hamlet Zone shall be created and shall only be applied in the Hamlet Area.
The extent of the Rural Hamlet Zone shall be shown on the Zoning Map in the Land
Use By-law.
The Rural Hamlet Zone shall:
a)encourage development compatible with the existing character;
b)permit a range of residential developments;
c)permit low to moderate commercial, institutional and light industrial
uses;
d)prohibit heavy industrial uses,fur farming and other industrial uses
that are incompatible with the Hamlet Area.
The Land Use By-law shall state the uses in the Rural Hamlet Zone that require a
development permit.
In the Rural Hamlet Zone, site plan approval shall be utilized in accordance with
the Municipal Government Act to regulate the site design of:
a)moderate density residential developments;
b)moderate commercial, institutional and light industrial developments;
c)recycling facilities and sorting depots.
Municipal Planning Strategy Municipality of Chester
Page 46 Community Character
DRAFT
In the Rural Hamlet Zone,development agreements shall be utilized in accordance
with the Municipal Government Act to permit:
a)high density residential developments;
b)public waterfront parks not owned by the Municipality.
Municipality of Chester Municipal Planning Strategy
Community Character Page 47
DRAFT
Village Area
Chester Village is the most developed and dense area of the Municipality. The unique
needs of the Village are considered in a Secondary Planning Strategy. The Strategy
provides policies for community character, for heritage, and for development control in
the Village.
Council therefore adopts the following policies for the Village Area:
A Secondary Planning Strategy and Land Use By-law shall be created for the
Chester Village Planning Area, as shown on the Generalized Future Land Use Map.
The Chester Village Secondary Planning Strategy and the Chester Village Land Use
By-law shall provide policies and regulations to enhance community character and
protect heritage within the Chester Village Planning Area.
Policies from this Municipal Planning Strategy shall apply in the Village of Chester
Planning Area, unless these policies are otherwise amended by the Secondary
Planning Strategy.
Where there is any conflict between the policies of this Municipal Planning
Strategy and the policies of the Secondary Planning Strategy, the Secondary
Planning Strategy shall prevail within the Village of Chester.
Municipal Planning Strategy The Municipality of Chester
Page 48 Economic Development
DRAFT
5.Economic Development
The policies in this section respond to the following objectives:
Adopting clear regulations and timely approvals
Providing specific areas for commercial and industrial development
Providing cost effective and efficient services to support growth
Fostering an economic environment that supports good jobs
The Municipality is designating specific areas for industrial and business
development, in order to help grow the economy.Resilient communities need to build
strong economies.A strong economy gives residents meaningful, year-round work,
provides resources to pay for Municipal services, and helps attract and retain
residents.
The Municipality of Chester Municipal Planning Strategy
Economic Development Page 49
DRAFT
Industrial and Business Area
The Industrial and Business Area Designation is a special planning designation.Its
purpose is to provide a place just for industrial and commercial development. Business
and industry look for many things when building or expanding. One of these is the ready
availability of appropriate land in the right location.
Providing areas that are pre-zoned for industry and business is a new approach for the
Municipality.Apart from the land owned by the Municipality at Kaizer Meadow,land to
be designated Industrial and Business Area was zoned General Basic under the previous
Municipal Planning Strategy. This new Area is created to provide developers with
certainty that their projects will be quickly approved.Specific zoning will also ensure
that incompatible uses, such as homes or schools,will not locate there and create
potential conflict because of noise, dust or odour from some industrial uses.
Industrial and commercial buildings often have large parking areas, yards and outdoor
storage, which have the potential to increase runoff and harm water quality.
Environmental regulations –especially for water quality –are therefore included to
protect common resources. In addition, regulations for outdoor storage, screening and
commercial access may be included.A Business Park Zone exists to identify land for a
business park and to accommodate these needs.
The Kaizer Meadow zones apply to municipally owned properties on Highway 14, which
together make up the site of the Kaizer Meadow Solid Waste Centre. Restricting
disruptive industries to a remote area, near an already established use such as a landfill,
is a suitable way to limit their impact on neighbouring rural uses.
Therefore,Council adopts the following policies for the Industrial and Business Area
designation:
An Industrial and Business Area designation shall be created at the discretion of
Council and the extent of the area shall be identified on the Generalized Future
Land Use Map.
Municipal Planning Strategy The Municipality of Chester
Page 50 Economic Development
DRAFT
The intent of the Industrial and Business Area designation is to:
a)enable the zoning of land specifically for industrial and commercial
uses;
b)provide suitable locations for new businesses and expanding businesses to
locate with a clear approval process;
c)encourage development compatible with industrial and commercial
uses;
d)prohibit residential development in this Area.
The policies of the Industrial and Business Area designation shall be implemented
by:
a)creating the Business Park Zone;
b)creating the Kaizer Meadow Industrial Zone;
c)creating the Kaizer Meadow Zone;
d)providing appropriate environmental standards through regulations
in the Land Use By-law.
Heavy industrial uses shall only be permitted in the Kaizer Meadow Industrial
Zone.
Council shall discourage Municipal Planning Strategy amendments that
would allow heavy industrial uses outside the Kaizer Meadow Industrial
Zone.
Business Park Zone
POLICY GOALS
to accommodate high-growth commercial and light industrial uses in key
strategic areas of the municipality by providing places for development as of
right
to ensure that commercial and light industrial uses are designed to be
compatible with surrounding land uses
The Municipality of Chester Municipal Planning Strategy
Economic Development Page 51
DRAFT
Council adopts the following policies for the Business Park Zone:
A Business Park Zone shall be created in the Land Use By-law at the discretion of
Council and the extent of the zone shall be shown on the Zoning Map of the Land
Use By-law.
The Business Park Zone shall:
a)contain land exclusively for uses commonly found in business parks,
such as commercial and light industrial uses;
b)provide yard and setback standards;
c)provide standards for stormwater management, watercourse buffers,
lighting, outdoor storage, and accessory structures.
The Business Park Zone shall allow the approval of permitted uses by
development permit.
Kaizer Meadow Industrial Zone
POLICY GOALS
to accommodate the development of industrial, distribution, and manufacturing
uses that, by nature of their intensity, may be incompatible with other types of
land use activities
to ensure that such uses meet provincial environmental standards
Council adopts the following policies for the Kaizer Meadow Industrial Zone:
A Kaizer Meadow Industrial Zone shall be created in the Land Use By-law and the
extent of the Zone shall be shown on the Zoning map of the Land Use By-law.
Municipal Planning Strategy The Municipality of Chester
Page 52 Economic Development
DRAFT
The Kaizer Meadow Industrial Zone shall:
a)provide space only for industrial uses, including heavy industry
b)provide standards for stormwater management, for watercourse
buffers that employ means including,but not limited to,natural
vegetation and bio-swales, and for outdoor lighting
The Kaizer Meadow Industrial Zone shall list permitted developments, which
shall be approved by Development Permit.
Kaizer Meadow Zone
POLICY GOALS
to accommodate the potential expansion to the Kaizer Meadow Solid Waste
Centre
to ensure adequate separation through buffering between industrial uses in the
Kaizer Meadow Industrial Zone and neighbouring properties
Council adopts the following policies for the Kaizer Meadow Zone:
A Kaizer Meadow Zone shall be created in the Municipal Land Use By-law and the
extent of the Zone shall be shown on the Zoning map of the Land Use By-law
a)provide an area for potential expansion to the Solid Waste Centre;
b)provide a buffer between potentially disruptive uses and nearby properties
c)provide standards for stormwater management, vegetated watercourse
buffers and outdoor lighting.
The Kaizer Meadow Zone shall:
a)enable the potential expansion to the Solid Waste Centre;
b)provide a buffer between potentially disruptive uses and nearby properties;
c)provide standards for stormwater management, vegetated watercourse
buffers and outdoor lighting.
The Municipality of Chester Municipal Planning Strategy
Economic Development Page 53
DRAFT
The Kaizer Meadow Zone shall list permitted developments, which shall be
approved by Development Permit, and shall prohibit heavy industrial uses.
The Kaizer Meadow Zone shall provide a buffer (which shall consist of natural
vegetation, bio-swales or other means),such that development between Highway
14 and where this zone meets the Kaizer Meadow Industrial Zone shall be
restricted to recreation and outdoor activities.
Municipal Planning Strategy The Municipality of Chester
Page 54 Environmental Safeguards
DRAFT
6.Environmental Safeguards
The policies in this section respond to the following objectives:
Protecting infrastructure from sea level rise and storm surges
Reducing the rate of erosion and sedimentation in rivers and lakes
Encouraging the protection of water quality
Treating and managing storm water and waste water
The Municipality of Chester Municipal Planning Strategy
Environmental Safeguards Page 55
DRAFT
Stormwater Management
Development changes the pattern of water runoff.Development replaces natural
surfaces with hard surfaces like asphalt, roofs, decks and concrete. These hard surfaces
do not absorb or hold water.Water flows off them quickly, instead of being slowed down
by plants or soils. Heavily developed land, with lots of hard surfaces, can create much
more surface runoff than a natural landscape.This additional surface runoff is known
as stormwater.
Stormwater causes three major issues.First, large quantities of stormwater can erode
stream banks and cause flooding.Second, dirt and pollutants,such as oil and
phosphorous, are carried by stormwater into water bodies.Third, stormwater does not
pass through hard surfaces and absorb into the ground, which can reduce aquifer
recharge. Aquifers provide fresh well-water for many residents.Regulations in this Plan
are in place to control the quantity and quality of stormwater,to protect freshwater
streams, lakes and wetlands.Many progressive stormwater techniques keep water on
site and let it soak into the ground, thus helping recharge aquifers.Managing
stormwater is increasingly important when considering the impacts of climate change,
which includes extreme precipitation as a potential hazard.
This Planning Strategy provides, through policy,tiered stormwater standards.The Land
Use By-law contains different regulations for developments based on their size and
intensity.Some developments are not subject to stormwater regulations. Large
residential, commercial and industrial developments have the strictest regulations.
These developments have the largest impacts on water quality.
Municipal Planning Strategy The Municipality of Chester
Page 56 Environmental Safeguards
DRAFT
Council adopts the following policies for stormwater regulations:
Policy E-1
The Land Use By-law shall contain a range of stormwater regulations for
developments of different size and intensity.Large residential, commercial,
institutional and industrial developments shall have the strictest regulations.
Policy E-2
Stormwater standards shall be developed and shall have regard for the
anticipated impacts of climate change.They shall include quantitative,
performance standards for:
a)sediment concentrations (total suspended solids)
b)chemical concentrations,such as phosphorous or nitrogen;
c)peak flow rates and total stormwater volumes.
Policy E-3
The Land Use By-law shall indicate which developments require a professional
engineer to verify that stormwater infrastructure will meet stormwater standards.
Protecting our lakes, rivers and wetlands requires the Municipality to work with other
governments and with community groups. The Municipality may look at how to
encourage groups and residents to implement stormwater management practices. In
particular, the Municipality may work with the Province to encourage infrastructure
design that protects water quality.
Council adopts the following policies for stormwater management:
Policy E-4
The Municipality may work with the Province to ensure that roads, ditches,
culverts and other infrastructure are designed to protect water quality.
Policy E-5
The Municipality may explore and enter into partnerships with other governments
and community groups on stormwater management and water quality projects.
Policy E-6
Council may work with developers and other community partners to implement
ongoing water quality monitoring projects, where Council feels it is necessary.
The Municipality of Chester Municipal Planning Strategy
Environmental Safeguards Page 57
DRAFT
Policy E-7
Council shall develop and implement a stormwater management education
program, including guidelines to provide the public with information and
guidelines regarding flood risk, stormwater flows, aquifer recharge, water quality
and protection of natural habitat.
Municipal Planning Strategy The Municipality of Chester
Page 58 Environmental Safeguards
DRAFT
Watercourse Setbacks and Vegetated Buffers
Vegetated buffers are areas next to a watercourse that are left undisturbed. Their
function is to slow down water runoff and to filter out sediment and chemicals. The roots
of plants in the buffer also hold together the soil in stream banks and lake shores,
protecting these areas from erosion.The purpose of a vegetated buffer is to encourage
protection of water quality, control sedimentation and erosion, and maintain stable
stream banks.
Vegetated buffers around watercourses are one of the most effective tools to protect
water quality.Developments that have buildings and paved areas produce more runoff
and dirtier runoff, both of which lower water quality. Vegetated buffers reduce the
impact of development by filtering stormwater before it enters watercourses, so that
clean,fresh water remains available for wildlife habitat, for drinking water and for
recreation.
Many factors impact the effectiveness of buffers. Wider buffers protect water quality
better than narrow buffers. Buffers along the entire watercourse length protect water
quality better than buffers along just a portion of a stream or shoreline. Finally, buffers
with a dense mix of trees, shrubs, small plants and grasses are more effective than thin
buffers with only grass or small plants.Land use planning can help retain intact buffers
to ensure water quality does not decrease. Council requires that larger projects keep or
replant vegetated buffers.Larger projects are regulated since they have the largest
potential impacts on buffers and water quality.
Although repairing buffers is important, land use regulations are not the only way to
achieve this goal. Working with property owners,communities and environmental
groups can help repair buffers and improve water quality. To track success, water
monitoring programs may also be explored, as needed.
Council adopts the following policies on watercourse setbacks and vegetated buffers:
Policy E-8
Developments requiring a Development Permit shall set all buildings back from the
edge of any watercourses,as shown in the Provincial 1:10,000 topographic
database.
The Municipality of Chester Municipal Planning Strategy
Environmental Safeguards Page 59
DRAFT
Policy E-9
A natural,vegetated buffer shall be maintained for larger developments that
require a site plan approval or a development agreement.
Policy E-10
Notwithstanding Policy E-9, small accessory structures shall be permitted in the
watercourse setback, subject to a development permit.
Policy E-11
A natural vegetated buffer shall maintain mostly existing vegetation, as
specified in the Land Use By-law.
Policy E-12
Where a natural vegetated buffer has been removed, or is not practical to be
maintained, a suitable alternative shall be required.An environmental study
completed by a qualified professional shall demonstrate that this alternative
will provide a similar level of protection for water quality by minimizing
sediment and chemicals in runoff.
Policy E-13
The Municipality shall explore programs and partnerships that encourage
residents and businesses to repair or replant buffers where vegetation has been
removed.
Policy E-14
The Municipality shall explore programs and partnerships to monitor and report
on freshwater quality, as needed.
Municipal Planning Strategy The Municipality of Chester
Page 60 Environmental Safeguards
DRAFT
Lakefront Overlay
Lakefront and cottage developments add to the vibrancy and economy of rural areas.
The enjoyment and attractiveness of lakes, however, depends on clean water.Over-
development and poor development practices near lakes can damage water quality.The
Municipality wants to ensure development protects the water quality of our lakes.
This Planning Strategy balances the protection of lakes with the desire for lakefront
development by creating a Lakefront Overlay in the Land Use By-law. The Lakefront
Overlay’s purpose is to protect water quality.
Several approaches are used in the Lakefront Overlay to protect water quality. Vegetated
buffers are required; they are a simple and effective approach, but they must be tailored
to allow views, docks and access to the water. Restricting the amount of hard surfaces
(gravel, concrete, roofs, and asphalt) also reduces the amount of runoff entering lakes.
Quantitative standards to limit sediment and chemicals in runoff may be adopted
through the Land Use By-law. Finally, major new developments in the Lakefront Overlay
may need to become part of a Wastewater Management District. These Districts will
ensure septic systems work properly. Together, these approaches help protect our
precious lakes.
Council adopts the following policies for lakefronts:
Policy E-15
The Lakefront Overlay shall be created which may be applied to all Zones,and shall
be applied to land surrounding all lakes that appear on Provincial 1:10,000
topographic database, as shown in the Land Use By-law.
Policy E-16
The intent of the Lakefront Overlay shall be to protect lakes from overdevelopment
and from poor development practices.
Policy E-17
Lakes shall require vegetated buffers, additional stormwater standards, limited
paving surfaces and wastewater management districts depending on the size of
development, as specified in the Land Use By-law.
The Municipality of Chester Municipal Planning Strategy
Environmental Safeguards Page 61
DRAFT
Policy E-18
The Land Use By-law shall allow for the same uses in the Lakefront Overlay as in
the zone in which the designated lake is located,but all development shall require
a development permit.
Policy E-19
Vegetated buffers shall apply to all developments in the Lakefront Overlay.
Policy E-20
Vegetated buffers in the Lakefront Overlay shall allow for limited thinning, so
residents can enjoy access to and views of the lake.
Policy E-21
Small accessory structures shall be permitted in the vegetated buffer, subject to a
development permit.
Policy E-22
The Land Use By-law may include additional stormwater standards, specific to the
Lakefront Overlay,including provisions for stormwater management practices.
Policy E-23
The Land Use By-law shall include a limit on hard surfaces in the Lakefront
Overlay.
Policy E-24
The Land Use By-law may specify the size of developments in the Lakefront
Overlay that shall be part of a Wastewater Management District.
Municipal Planning Strategy The Municipality of Chester
Page 62 Environmental Safeguards
DRAFT
The Coast and Sea Level Rise
The Municipal Climate Change Action Plan (2013) identified sea level rise as one of
thirteen potential hazards that could occur as a result of global warming and weather
extremes. As a coastal community, Chester Municipality is especially vulnerable to
these effects.The average sea level is expected to rise between 1.5 metres and 2 metres
in Nova Scotia by the year 2100. Storm surges, which push water and waves to abnormal
heights during extreme storms, could reach 5 metres in height above the current high
water mark by 2100. Sea level rise will also increase the speed of coastal erosion.These
changes will have large impacts on our coastal areas,affecting marine habitats as well
as the livelihoods of people who live and work there.Planning must anticipate and
acknowledge threats to private property and public infrastructure.
Different parts of the shoreline react differently to sea level rise. Coastal marshes and
dunes are forced inland by rising sea levels. Coastal cliffs made of hard bedrock resist
erosion, but coastlines made of soft sandstones or loose till may erode quickly. Coastline
exposed directly to ocean waves will erode more quickly than sheltered bays or
harbours. The different combinations of waves, tides and coastline mean that no two
parts of the coastline will erode at precisely the same rate, year after year. For these
reasons, continual monitoring and study of the coastline is needed to ensure public
safety and to protect property.
Properties within the coastal area may be threatened by sea level rise in three ways:
rising sea levels; eroding coastlines; and storm surges. The Municipality has the
responsibility to raise awareness of the inherent risk associated with development on
or near the coast, particularly in low-lying areas or areas prone to erosion.
Council adopts the following policies for the coast:
Policy E-25
The Municipality shall, where possible,partner with other governments, with
community groups and with institutions to continually monitor and predict the
rate of erosion and along the coastline.
Policy E-26
The Municipality shall collect and analyse future information and data related to
the impacts of climate change as it affects coastal areas, including through
mapping and scientific indicators.
The Municipality of Chester Municipal Planning Strategy
Environmental Safeguards Page 63
DRAFT
Policy E-27
The Municipality shall continually update its infrastructure planning and
maintenance to respond to evolving sea level rise threats.
Policy E-28
Council shall adopt a Coastal Hazard Risk Map to identify areas in proximity to low-
lying and sensitive areas such as beaches, dune systems and coastal wetlands in
order to protect communities from storm surge and coastal erosion.
Policy E-29
Council shall consider requiring waivers for any development in the coastal hazard
area, which states that developers are aware of the risks posed by climate change
and release the Municipality from all liability.
Municipal Planning Strategy The Municipality of Chester
Page 64 Environmental Safeguards
DRAFT
Environmental Protection Area
The Environmental Protection Area designation addresses two specific land types
requiring protection:
potential drinking water sources;
lands placed in trust or donated to the Municipality for the purpose of
conservation.
Drinking water is a crucial issue, especially in Chester Village. Several conceptual plans
and studies have been conducted on a central water system for the Village using
Spectacle Lake as a water source. To protect a future water supply, Spectacle Lake was
designated a Protected Watershed under the former Chester Village Secondary Planning
Strategy.
To preserve the potential of Spectacle Lake as a water source,land uses will be strictly
controlled to minimize the possibility of contaminating the lake water. Engineering
studies have also identified the feasibility of diverting the water flow from the northern
watershed of Mill Brook into Spectacle Lake. To ensure an adequate supply of clean
water, the same land use controls extend to this watershed.In the event that other lake-
water sources are deemed to be viable options, this Area designation may be applied to
any area within the Municipality.
Over the years, a number of islands in Mahone Bay and St. Margaret’s Bay have been
placed in trust or donated to the Municipality for the purpose of conservation. For the
islands so designated, only research, education or passive recreation uses will be
permitted. Council may further apply this designation to any land that has been
specifically dedicated by the owners for the long-term conservation of natural habitat.
Council adopts the following policies for the Environmental Protection Area
designation:
Policy E-30
An Environmental Protection Area designation shall be created,the extent which
shall be shown on the Generalized Future Land Use Map.
Policy E-31
The intent of the Environmental Protection Area designation is to:
a)limit development and strictly control land use in designated lands;
b)safeguard the ecological integrity of designated lands in order to protect
drinking water or preserve natural habitat.
The Municipality of Chester Municipal Planning Strategy
Environmental Safeguards Page 65
DRAFT
Policy E-32
The policies of the Environmental Protection Area designation shall be
implemented by:
a)Creating the Protected Watershed Zone;
b)Creating the Conservation Zone;
c)Strictly limiting or prohibiting land use in the interests of environmental
protection.
Protected Watershed Zone
POLICY GOAL:
To prevent the contamination of identified potential drinking water sources and
their associated watersheds by limiting development
Council adopts the following policies for the Protected Watershed Zone:
Policy E-33
A Protected Watershed Zone shall be created to carry out the intent of the Protected
Watershed Policy Goal and its extent shall be shown in the Zoning Map in the Land
Use By-law.
Policy E-34
The Protected Watershed Zone may only be applied to an Environmental
Designation, at the discretion of Council.
Policy E-35
The Protected Watershed Zone shall:
a)permit single unit dwellings on large lots;
b)prohibit commercial and industrial uses;
c)permit forestry uses and some agricultural uses;
d)prohibit intensive livestock operations;
e)prohibit new public roads and subdivision on private roads;
f)create additional environmental standards,including stormwater
standards and large watercourse buffers;
g)require a large minimum lot size and a large minimum lot frontage.
Municipal Planning Strategy The Municipality of Chester
Page 66 Environmental Safeguards
DRAFT
Policy E-36
The Land Use By-law shall allow for the approval of uses permitted in the Protected
Watershed Zone by development permit.
Conservation Zone
POLICY GOAL
to safeguard the ecological integrity of lands placed in trust or donated to the
Municipality for the purpose of conservation.
Council adopts the following policies for the Conservation Zone:
Policy E-37
A Conservation Zone shall be created in the Land Use By-law. Its extent shall be
shown on the Zoning Map in the Land Use By-law.
Policy E-38
The Conservation Zone may only be applied to an Environmental Designation, on
land dedicated by its owners for conservation by:
a)conveying the land to a conservation organization;
b)conveying the land to government; or
c)establishing conservation easements.
Policy E-39
The Conservation Zone shall allow only research, education and passive recreation
uses.
Policy E-40
The Land Use By-law shall not allow for the construction of any permanent
structures,including wharves and docks, in the Conservation Zone.
Policy E-41
The Land Use By-law shall allow for the approval of uses permitted in the
Conservation Zone by development permit.
The Municipality of Chester Municipal Planning Strategy
Services and Infrastructure Page 67
DRAFT
7.Services and Infrastructure
The policies in this Section respond to the following objectives:
Reducing the impact of development on the natural environment
Providing cost effective and efficient services to support growth
Ensuring drinking water supplies and aquifers are protected
Treating and managing stormwater and waste water
The Municipality raises money through taxes and grants from the Province. Money is
spent on services, including providing basic services like central sewage and Municipal
roads. Ensuring quality services are delivered cost-effectively is critical to the well-
being of the Municipality.
Council adopts the following policies for services and infrastructure:
Policy SI-1
Where financially sustainable,Council shall maintain, improve, and expand
municipal services, facilities, and programs.
Policy SI-2
Council shall maintain and improve the system of solid waste collection and
disposal, including programs for recycling material and reducing the volume of
waste.
Policy SI-3
Council shall ensure that all major development is designed to allow emergency
vehicle access and includes adequate water supply for fire fighting.
Policy SI-4
Council shall retain the services of a Municipal Engineer, who shall be
responsible for the review and approval of all engineering drawings and
proposals for all municipal services, including central sewer systems, central
water systems and public roads.
Municipal Planning Strategy The Municipality of Chester
Page 68 Services and Infrastructure
DRAFT
Sewage Treatment
Treating sewage is critical to protecting human health and water quality. Sewage
treatment decisions have a large effect on the cost of development and development
options.Policies on sewage services are needed to grow our communities responsibly.
The Municipality has a mix of public sewer systems and private on-site systems. The
public central systems have pipes and pumping stations, which collect sewage from
many homes and send it to a central treatment location. Public systems are operated
and funded by the Municipality, through a sewer rate. In more rural areas, people have
on-site septic systems. Approval to build on-site systems is under Provincial
jurisdiction, but the Municipality has a clear interest in ensuring proper treatment.
Central Sewer Systems
As of 2017, the Municipality operates six central systems:
Mill Cove’s treatment plant was built in 1967 and serves just over 60 connections.
Otter Point’s system was built in 1976 and serves just over 20 connections.
Sewage is treated by a sand filter bed system.
Chester Basin’s serves 5 connections, with a sand filter bed system.
Western Shore’s treatment plant was built in 1975 and serves over 330
connections.
Chester Village’s treatment plant was built in 1974 and serves about 800
connections.
New Ross’s sand filter bed system was built in 2011 and serves almost 20
connections.
In general, central services are not appropriate for few units or areas of very low density.
Some of these systems, however, were built to fix small, localized pollution problems
caused by failing on-site septic systems. The result is that several of our systems serve
a small number of residents at a high cost per connection.
Sewer options have improved dramatically since many systems were built. In addition,
there is less money available from other levels of government to build and maintain
these systems.The Municipality no longer has the ability to greatly expand central
services.While more units on each system would make them more financially efficient,
there is little extra capacity in any system. Increasing capacity is expensive, as is
extending pipes.
The Municipality of Chester Municipal Planning Strategy
Services and Infrastructure Page 69
DRAFT
In recognition of the above, Council adopts the following policies for sewer systems:
Policy SI-5
Council may consider requests to extend or develop central services to permit
new developments, or to connect existing structures or properties to central
services.
Policy SI-6
Council may require new developments adjacent to existing central services to
connect to those services where capacity exists.
Policy SI-7
Council may consider some or all of the following before approving extensions to
the collection system:
a)the environmental appropriateness of any new, extended or adopted
systems;
b)the appropriateness and cost-effectiveness of alternative on-site
systems;
c)the Municipality’s ability to pay for capital costs and long term maintenance
of extending the collection system;
d)the ability to access funding from other levels of government;
e)the developer or property owner’s ability and willingness to contribute to the
costs of any extension;
f)the increased revenue from an increase in sewer connections; and
g)the existence or potential for establishment of a Wastewater Management
District in order to allow wastewater treatment alternatives.
Wastewater Management Districts
A Wastewater Management District (WMD)is a technique used to provide appropriate,
cost-effective wastewater service in rural areas.WMDs allow Municipalities to manage
privately owned, on-site septic systems. WMDs ensure that on-site systems have regular
upkeep and maintenance, which helps prevent failures. The Municipality can access
outside funding and provide subsidies for private systems. Finally, WMDs provide more
opportunities to use innovative approaches, like cluster systems.
The Municipality will create several WMDs as a means to help implement this Planning
Strategy. WMDs will allow more growth in denser areas –like Hamlets and the Village
–while protecting water quality. Council may also put WMDs in place near lakes and
other sensitive areas.
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WMDs are structured to provide residents with flexibility and choice.Existing properties
may join the WMD voluntarily, but new development must join the WMD. This approach
will accomplish several objectives:
providing support to residents with on-site services;
ensuring proper sewage disposal;
encouraging innovative sewage treatment;
supporting denser development; and
providing residents with choice.
To support appropriate, cost-effective wastewater disposal, Council adopts the
following policies on Wastewater Management Districts:
Policy SI-8
When establishing Wastewater Management Districts, Council shall adopt
a By-law that specifies:
a)the boundaries of all Wastewater Management Districts;
b)the properties or on-site systems that must become part of a District;
c)the properties or on-site systems that may voluntarily become part of a
District;
d)the criteria to accept properties into a District;
e)the responsibility of the Municipality with regard to designing,
building, maintaining, upgrading and replacing on-site systems within
a District;
f)the responsibility of property owners with regard to designing,
building, maintaining, upgrading and replacing on-site systems within
a District;
g)the charges or rates, if any,that are applied to properties within the
District;
h)the financial support, if any, that is available to property owners in the
District.
Policy SI-9
Council may prioritize creating Wastewater Management Districts in and around
the Hamlets,Villages,lakefronts or environmentally sensitive areas as a means
of promoting growth in an environmentally and fiscally responsible fashion.
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Policy SI-10
Council may create additional Wastewater Management Districts to deal with
existing or anticipated pollution problems. Where a District is created to deal
with an existing pollution problem, Council may mandate that property owners
become part of the District.
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8.Subdivision
Subdivision means dividing a parcel of land into two or more lots, consolidating two or
more lots, or undertaking boundary adjustments.Under the Municipal Government Act,
Municipalities are required to administer subdivision approvals.
The Subdivision By-law, the Land Use By-law, and the Municipal Specifications work
together to regulate the following aspects of development:
Servicing and sewage disposal;
Design and construction of new roads;
Design and construction of municipal services; and
Drainage and stormwater management;
Dedication of land for open space.
This Plan provides policy direction for the creation of a Subdivision By-law.
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General Subdivision
The subdivision of land involves the orderly process of land division while providing for
the creation of streets and services. The Municipal Government Act and the Provincial
Subdivision Regulations set out the basic requirements for information that must be
shown on plans of subdivision,as well as the procedures which must be followed in
reviewing and in approving plans of subdivision.Through policy, the Municipality may
set alternative criteria or requirements for subdivision.A Subdivision By-law addresses
matters such as lot size, access to lots, the extension of sewer and water lines to any
new lots, and the provision of open space. The Subdivision By-law must be closely linked
to the Land Use By-law, especially in the matter of lot size and access to lots.
To carry out the Subdivision By-law, Council adopts the following policies:
A Subdivision By-law shall be created to carry out the intent of this Municipal
Planning Strategy and shall apply to the whole Municipality, including the
Chester Village Planning Area.It provides the principal means to control the
subdivision of land.
The intent of the Subdivision By-law shall be to follow Provincial Subdivision
Regulations unless otherwise stated by policy.
Any subdivision of land shall conform to all of the applicable Land Use By-law
requirements.
When new public roads,Municipal sewer systems or Municipal water services are
proposed, subdividers shall submit concept plans for early evaluation.
When new public roads, Municipal sewer systems or Municipal water services are
proposed, subdividers shall submit tentative plans for approval.
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Open Space Dedication
When large properties are subdivided, land for public purposes is transferred to the
Municipality for parks and open spaces. The Subdivision By-law sets out the standards
for land and the process to acquire that land.
Under the Municipal Government Act, the Municipality can acquire either land or cash-
in-lieu of land as part of subdivision approval. To help acquire and build better parks, the
Subdivision By-law will state when the Municipality will accept land, when it will accept
only cash-in-lieu, or when it will accept a combination of land and cash-in-lieu.
Council adopts the following policy for acquiring land for public purposes:
The Subdivision By-law shall provide a process for acquiring land dedications or
cash-in-lieu that specifically supports the Municipality’s needs and goals for
parkland and open space.
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9.Administration and Implementation
This Municipal Planning Strategy is adopted under the Municipal Government Act.The
It applies to all areas of the Municipality and expresses the intentions and policies of
Council. Council is not obligated to undertake any projects identified in it, but may not
undertake actions that contradict its intent.
The Municipal Government Act (MGA) identifies various types of development control
techniques available to municipalities to regulate and plan for development. These
include zoning, development agreements, and site plan approval. The Municipality
relies upon these tools for the implementation of its planning policies.
This Planning Strategy controls the use of land and the design of development. The Land
Use By-laws and the Subdivision By-law are the companion documents that carry out
the intent of the Planning Strategy. These By-laws contain the detailed standards for
development.
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Public Participation
Public input on planning issues is needed to create good plans and build community
trust. A public engagement program will be implemented for all amendments to
planning documents and to Development Agreements and their amendments. The
Municipality’s public participation program will, at a minimum, meet the requirements
in the Municipal Government Act, and will be guided by the Municipality’s Public
Participation Program Policy. In all communications with the public, we will uphold the
following principles:
Clarity -We will advertise and communicate with the public in plain language, to
ensure that the process is understood by all participants.
Variety –To reach as many people as possible, we will use different formats,
including newspapers, newsletters, the Municipal website and social media.
Timeliness –Notices and information will be posted well in advance of
meetings and events.
Meaning –Residents will have the opportunity to comment on, question and
discuss planning matters with meaningful results.Public feedback will be
compiled in a clear format and presented to decision makers in a timely
manner.
With respect to Public Participation, council adopts the following policies:
All public participation processes shall follow the Municipality’s Public
Participation Program Policy and shall meet or exceed the requirements of the
Municipal Government Act.
The public participation processes shall focus on the following principles:
Providing clear information
Using a variety of formats
Giving timely notice
Gathering meaningful feedback
Development Officer
The Land Use Bylaw and Subdivision Bylaw are the principal means to implement the
Plan. A Development Officer is appointed by Council in order to enforce these bylaws,
and process permits. Depending on the type of application, the decisions of the
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Development Officer can be appealed either to Council or to the Nova Scotia Utility and
Review Board (NSUARB), as specified in the Municipal Government Act.
In accordance with the provisions of the Municipal Government Act, Council adopts
the following policies:
Council shall appoint a Development Officer. The Development Officer shall be
responsible for administering the Land Use By-law and Subdivision By-law,
including issuing, refusing and revoking Municipal Development Permits.
Council may appoint others to act on the Development Officer’s behalf.
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Development Permits
A Development Permit is a way of ensuring that new development in the Municipality
meets the regulations of the Land Use By-law. The Planning Strategy and Land Use By-
law specify that certain types of development do not need a Development Permit. All
other development in the Municipality will require a Development Permit prior to
receiving permission to proceed with development.
Council adopts the following policies with respect to Development Permits:
In accordance with Section 244 of the Municipal Government Act, a Development
Permit shall be required for all development in the Municipality, except those
specified in the Land Use By-law as not requiring a Development Permit.
Development Permits issued under the Land Use By-law shall describe the
development, and shall specify a period after which the permit shall lapse
automatically. The permit shall be null and void if the development has not
commenced by the date the permit lapses.
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Variances
A variance allows a relaxation or reduction of one or more of the Land Use By-law
requirements. They are granted by the Development Officer when it may not be possible
to meet the exact specifications of the Land Use By-law, often due to the peculiarities of
the site or development.The Municipal Government Act allows Council to consider
other circumstances where a variance may be considered,provided they are identified
within this Planning Strategy and corresponding Land Use By-law regulations.
Council adopts the following policies on variances:
As set out in Sections 235-237 of the Municipal Government Act, the Development
Officer may vary certain requirements of the Land Use By-law, or one or more
terms of a Development Agreement, where provided for in the Development
Agreement.When granting a variance, the Development Officer shall be satisfied
that the variance carries out the intent of the Municipal Planning Strategy.
The Development Officer may grant variances for:
a)the number of parking spaces;
b)the number of loading spaces;
c)percentage of land that may be built upon;
d)yard setbacks;
e)lot frontage or lot area;
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.
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Non-Conforming Structures and Uses
The term ‘non-conforming’ applies to land uses and structures that do not comply with
current Land Use By-law regulations, but which were legally permitted under previous
by-laws. The Municipal Government Act addresses non-conforming structures, non-
conforming structures used for residential purposes, non-conforming uses of land, and
non-conforming uses of a structure.The Act contains provisions which recognize the
legal status of these uses.The Act provides some of the development rights normally
reserved for uses and structures that conform to the applicable by-laws to non-
conforming structures and uses. The Municipality will deal with these non-conforming
uses and structures in accordance with the Act.
Council adopts the following policies on non-conforming structures and uses:
The Municipality shall administer non-conforming uses as provided for in the
Municipal Government Act, 1998.
The Municipality shall permit an existing non-conforming structure to be enlarged,
reconstructed, repaired or renovated provided that any change to the structure
does not further reduce the minimum required yard or setback that do not conform
with the Land Use By-law.
The Municipality shall permit an existing structure or existing non-conforming
structure situated on an existing lot to be occupied by a permitted use where the
structure does not meet the lot area or other yard requirements as applicable to the
proposed use in the zone.
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Site Plan Approval
Site plan approval enables the Development Officer to evaluate and approve
development proposals based on their compliance with a predetermined set of
objectives that are written out in the planning documents.The intent of site plan
approval is to ensure that the proposed development takes measures to minimize
negative impact on the built and natural environment and to maintain or enhance the
overall character of the existing community.The benefit of site plan approval is that it
does not require a public hearing or a lengthy approval process.
Site Plan Approval is required for certain developments, as described in detail in Chapter
4 of this Planning Strategy, for each Planning Area and each Zone.Typically, such
approval is required for larger developments, particularly those that have specific
standards for items such as setbacks, buffers, screening and parking.
Council adopts the following policies for Site Plan Approval:
For projects that require Site Plan Approval, the Land Use By-law standards
may include:
a)the location of buildings and structures on a lot;
b)the location of off-street loading and parking;
c)the location and number and width of driveways;
d)the type, location and height of walls, fences, hedges and other landscaping
elements;
e)the retention of existing vegetation;
f)the location and surfacing of walkways;
g)the location and type of outdoor lighting;
h)the location of solid waste storage facilities;
i)the location of easements;
j)the grading or alteration of land levels, including stormwater management;
k)the type, location, number and size of signs;
l)provisions for maintenance of any of the above standards.
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For residential developments subject to Site Plan Approval, the Land Use By-law
shall also require the following prior to issuance of a development permit:
a)an appropriate connection to a sewage disposal system, or an on-site
system that meets Provincial requirements;
b)adequate on-site traffic circulation for emergency vehicles;
c)road design satisfying the requirements of the Municipal Specifications
adopted by Council;
d)appropriate approval for access to any public street;
e)adequate on-site water supply for domestic and firefighting purposes.
The Site Plan notification,approval and appeal process shall follow the
requirements of Sections 232 -233 of the Municipal Government Act, as well as the
Public Participation Program Policy.
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Development Agreements
Development Agreements are used in cases where proposals lie outside the limits of the
Land Use By-law.For example,very large developments, alternate designs, or
developments which may have a high environmental impact may be considered by
Development Agreement.Section 3 of this Plan describes the zones and Planning Areas
in which Development Agreements can be considered, and the types of development
that would apply.Development Agreements are used as a way to give Council more
control over proposed developments, and ultimately decide if the proposed development
is in the community's best interest. While Development Agreements offer more
flexibility in approving developments, they must meet the intent of this Planning
Strategy.
The Municipality will require applicants to submit a detailed proposal as part of any
development agreement application. The proposal shall include any information or
materials Council needs in order to evaluate the submission. The submission shall be
accompanied by professionally prepared plans that illustrate the proposal.
General Development Agreement Policies
Council adopts the following policies for all Development Agreements:
Developments approved by Development Agreement shall meet or exceed
environmental standards required under Site Plan Approval. Specifically,
developments shall meet or exceed Stormwater Standards found in the Land
Use By-law.
When reviewing Development Agreements, Council shall be satisfied that:
a)the Development Agreement conforms to the intent of the Municipal
Planning Strategy and to the intent of any relevant Secondary Planning
Strategies;
b)the Development Agreement conforms to relevant Municipal By-laws;
c)the applicable Public Participation Program has been followed and
residents’ opinions have been carefully considered; and
d)the Development Agreement is in the best interest of the
Municipality.
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Development Agreement proposals shall include:
a)the location, area, and dimensions of the subject property based on a survey
or location certificate prepared by a licensed surveyor;
b)elevation drawings of the proposed structure or structures;
c)the proposed location, dimensions, height, and proposed use of all buildings;
d)the means by which the site is to be serviced, including sewage disposal
and drinking water supply;
e)the proposed location and nature of any outdoor storage or display;
f)the proposed location,design, and content of any signage;
g)the proposed location and dimensions of any parking spaces,stalls,
driveways,and walkways;
h)the proposed location of any fencing, refuse containers, and snow storage;
i)the proposed location and type of any exterior lighting;
j)the proposed location of any outdoor amenity space;
k)landscaping elements including the type and location of any existing and
proposed trees or other vegetation;
l)architectural features including type of materials;
m)the location of any watercourses on or near the site;
n)existing and proposed drainage patterns,including any stormwater
management measures;
o)any proposed phasing of the development.
When considering Development Agreements, Council shall be confident the
proposal is not premature or inappropriate due to:
a)the financial ability of the Municipality to absorb costs related to
development;
b)the availability and capacity of Municipal services;
c)the adequacy of the site conditions for on-site services;
d)the adequacy of stormwater drainage and its effects on water quality;
e)inadequate access to schools, parks, emergency services, commercial
properties and other community facilities;
f)a lack of street connections, sidewalks, bike lanes, walkways or footpaths;
g)a poor supply of on-site water for domestic uses or for firefighting;
h)inadequate separations from watercourses or from the ocean shoreline;or
i)proximity to places of known or potential archaeological significance as
indicated by the Province.
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Council may require applicants to submit additional information to address issues
that Council considers to be pertinent to the development process.
Developments that require a development agreement shall:
a)maintain a vegetated setback between all main structures and any
water courses or water bodies;
b)include infrastructure designed to improve stormwater quality and
reduce peak stormwater flows from the site;
c)meet or exceed the Land Use By-law’s stormwater standards and
watercourse buffers for comparable developments;
d)maintain all steep slopes, wetlands and areas prone to flooding in an
undisturbed state.
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Commercial, Industrial,Institutional Development Agreements
In addition to the policies of Section 9.7.1., Council adopts the following policies:
When considering commercial, industrial or institutional developments by
Development Agreement, Council shall be satisfied that:
a)the development will not create undue traffic hazards, traffic congestion,
or pedestrian hazards;
b)the development will not generate emissions that unduly reduce the
development potential and value of properties in the vicinity has been
minimized;
c)the development is separated from adjacent properties not in commercial
or industrial use, and screening is used in order to minimize impact on the
abutting uses;
d)all structures use durable building material so their appearance
complements the community’s character;
e)all necessary permits have been issued or Council is satisfied that the
required permits will be issued;
f)development shall not increase traffic volume so as to have an undue
negative effect on properties served by a residential street;
g)the applicant demonstrates that the development can be appropriately
serviced in a cost-effective manner;
h)a satisfactory parking calculation has been stipulated;
i)the applicant demonstrates that sewage disposal and any demands on the
drinking water source will not negatively impact the quality and quantity
of water resources; and
j)driveways, parking areas, and areas used for open storage shall be
surfaced with stable materials to prevent erosion and to prevent dust from
blowing onto adjacent properties.
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Residential Development Agreements
In addition to the policies of 9.7.1., Council adopts the following policies:
When considering residential developments, in addition to considering all general
policies for Development Agreements,Council shall be satisfied that:
a)development is not located on a site subject to undue nuisances or a
degraded living environment;
b)residential density and the building design are compatible with, but not
necessarily the same as, the Community Character Area and with the
surrounding neighbourhoods;
c)the development includes outdoor space suitable for playground
equipment, walking trails, or other active or passive recreation use;
d)the development includes landscaping such as trees, shrubs, lawns, fences
and walkways as necessary to create a residential character;
e)any exterior lighting is downcast with full horizontal cutoff;
f)sufficient parking is provided, and parking areas are safely accessible;
g)driveways and parking areas have a durable, dust free surface appropriate
for all seasons;
h)development shall not increase traffic volume so as to have an undue
negative effect on properties served by a residential street;
i)screening,setbacks and buffering are used in order to minimize impact on
the abutting uses and the environment;
j)the development can be adequately serviced with sewer or on-site septic
systems and water sufficient for domestic use and for fire suppression;
k)any wastewater disposal and any demands on the drinking water source
will not negatively impact the quality and quantity of water resources of
the area, based on a report by a qualified professional;
l)driveways, parking areas, and areas used for open storage shall be
surfaced with stable materials to prevent erosion and to prevent dust from
blowing onto adjacent properties.
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Waterfront Public Access Development Agreements
In addition to the policies of 8.6.1, Council adopts the following policies:
When considering a development agreement for uses that provide public access
to inland waterways or coastal shores on property that is owned by interests
other than the Municipality of Chester or the Crown, Council shall be satisfied
that:
a)neighbouring properties will not be adversely affected as a result of traffic
generation, visual intrusion, hours of operation, noise, or lighting. Council
may also consider the overall impact of the development on all properties
which abut the lake;
b)the proposed development resolves any potential compatibility issues with
nearby land uses resulting from lighting, signage, outdoor display,outdoor
storage, traffic, vehicle headlights, and noise through appropriate site
design, landscaping, buffering and fencing;
c)the development site is suitable in regards to grading, soils, geological
conditions, and susceptibility to man-made or natural hazards;
d)areas used for the purpose of an off-leash dog park shall be fenced with
chain link fencing or a suitable alternative, that is at least four feet high.
Preferably, the fence should be equipped with a double-gated entry to keep
dogs from escaping and to facilitate wheelchair access;
e)sufficient, adequate parking areas are provided and that safe access to the
parking areas has been provided for the public;
f)safe and adequate roadway access is provided;
g)where applicable, adequate measures have been taken to minimize
increases in stormwater runoff from any development in order to diminish
flooding, siltation, non-point source pollution and to minimize any impacts
on water quality measures, and minimize erosion;
h)boat launches shall be limited to those that provide access to non-motorized
water-craft;
i)any structures, such as boat launches, piers or wharves used for fishing or
boat access, are located away from any areas designated as swimming
areas;
j)consideration has been given to neighbourhood access and connection,
particularly connectivity to existing park and trail systems;
k)the developer has reasonably demonstrated that they have attempted to
address the concerns that were raised at the public information meeting
required under Policy 2.8.2 which can be controlled though the development
agreement process according to the Municipal Government Act.
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Amendments
From time to time, changes to Planning Documents are needed, despite all efforts
to ensure that it is comprehensive in its outlook.All such changes:
must respect the intent of the Planning Strategy
should be done in a thoughtful and transparent way following detailed
study
must be in the public interest
must be carried out in accordance with the Public Participation policies
set out in Section 9.1.
Council adopts the following policies for amending all planning documents:
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;
b)that the amendment conforms to all relevant Municipal By-laws;
c)that the applicable public consultation program has been followed and
residents’opinions have been carefully considered;
d)that the amendment is in the best interest of the Municipality.
Land Use By-law Amendments
In addition to the policies above, Council adopts the following policies for amending
the Land Use By-law:
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
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Applications for a Land Use By-law amendment shall show:
a)the location, area, and dimensions of the subject property;
b)the proposed location, dimensions, height, and proposed use of all
buildings;
c)the means by which the site is to be serviced by sanitary and storm
sewers,water, electrical service and other utilities;
d)the location of any parking stalls, driveways, walkways, lighting, fencing,
refuse containers, and snow storage;
e)landscaping elements including existing and proposed shrubs and
trees;
f)architectural features where such features are regulated by the planning
document;
g)additional reports or environmental studies as requested by the
Municipality.
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;
b)compatibility of the development, and potential developments with adjacent
properties in terms of size, lot coverage and density;
c)potential compatibility issues with nearby land uses resulting from lighting,
signage,outdoor display and storage, traffic, vehicle headlights, and noise;
d)the adequacy of sewer services, water services, waste management services
and stormwater management practices;
e)efficient use of existing and new municipal infrastructure;
f)proximity to and impact on heritage sites and archaeological sites;
g)the proximity and capacity of schools;
h)the adequacy and proximity of recreation and community facilities;
i)the adequacy of the road network in, adjacent to, or leading to the
development;
j)the potential for erosion or for the contamination or sedimentation of
watercourses;
k)environmental impacts such as air and water pollution and soil
contamination;
l)previous uses of the site which may have caused soil or groundwater
contamination;
m)suitability of the site in terms of grades, soil and bedrock conditions, location
of watercourses, marshes, swamps or bogs;
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n)the ability of emergency services to respond to an emergency at the location
of the proposed development;
o)the proposal and the proposed zone supports the intent of this strategy; and
p)the financial ability of the Municipality to absorb any costs relating to the
amendment.
Municipal Planning Strategy Amendments
This Municipal Planning Strategy is the main document through which the
growth and development of the Municipality shall be guided and coordinated.
The policies of the Municipal Planning Strategy will be implemented through the
powers provided to Council in the Municipal Government Act and other relevant
statutes.
Any Municipal Planning Strategy amendments shall be considered using the
appropriate sections of the Municipal Government Act.These amendments
should not be entered into lightly, and they require strong public engagement.
Council adopts the following policy on Municipal Planning Strategy
amendments:
A Municipal Planning Strategy amendment shall be required where:
a)any policy intent is to be changed;
b)an amendment to the Land Use By-law would conflict with any portion of
the Municipal Planning Strategy;
c)an amendment to the Subdivision By-law would conflict with any portion of
the Municipal Planning Strategy;
d)the boundaries of a Planning Area are changed.
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Reviewing the Municipal Planning Strategy
This Planning Strategy is a significant departure from previous planning
strategies of the Municipality. The intention of this redesigned plan is to create
a document that is more approachable, and easy to use. Nevertheless, as the
municipality continues to grow and change, it will be necessary to regularly
review this document to ensure that it continues to reflect the values and goals
of the community and Council.
Council adopts the following policies on review of the Municipal Planning
Strategy:
A brief,housekeeping review of this Plan and accompanying Land Use Bylaw shall
occur one to two years after implementation to ensure that these documents
reflect the intention of the Plan.
Council shall require regular reviews of this plan and subsequent amendments,
such that the Plan is reviewed as required by the Municipal Government Act;and
otherwise when so requested by Council.
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10.Ongoing and Future Projects
Through the articulation of planning policies, this Planning Strategy expresses the will
of Council following extensive consultation with communities.Council has thereby
committed to adopting,where appropriate,a set of projects as part of this Planning
Strategy which, when taken together,promote positive change in communities.
Council’s actions may be as simple as producing a promotional brochure, or as
partnering with a community group or government agency on a multi-year program.
Pursuant to this Planning Strategy, the following are recommended community
actions:
Parks and Open Space Plan (Policy L-3)
Waterfront access opportunities (Policy L-8)
Safe roads for active transportation (collaboration with Province; Policy L-14)
Innovative and affordable housing approaches (collaboration with community
organizations; Policy L-18)
Heritage designation and recognition (Policies L-25, L-28)
Stormwater management information program (Policy E-7)
Safe and adequate water supply (Policies E-14, E-15)
Coastal Hazard Risk Map (Policy E-29)
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11.History of Municipal Planning
Planning Strategies and Land Use By-laws
A Land Use By-law has controlled land use in the Village of Chester and the surrounding
area since 1975.In 1988, a Land Use By-law came into effect for the Chester Downs and
Islandview Subdivisions in East Chester.That By-law was repealed when the previous
Municipal Planning Strategy came into effect in 1997. Both Islandview and Chester
Downs were incorporated into this Strategy and the accompanying Land Use By-law.
Council had first considered the possibility of regional planning in the middle 1970's, but
this was not pursued. Council rejected a proposal for land use control in the whole of the
Municipality in 1994 after a contentious public debate.
Requests from various residential areas have led Council to reconsider ways to address
land use control throughout the Municipality.In 1995 and 1996, Council received
requests from five separate areas for municipal control over land use. Instead of
adopting five separate By-laws, Council agreed to draft a By-law which would contain
all the necessary elements, but would be applied only in those areas which requested
land use planning.
In addition, in 2002, in response to a request from the Aspotogan Heritage Trust to
establish land use control at Mill Cove Park, Council agreed to amend the Municipal
Planning Strategy and Land Use By-law to incorporate specific policies and By-law
provisions tailored to the development issues and opportunities at Mill Cove Park.
Zoning in Mill Cove Park was further amended in 2014.
In 2003, in response to pressure throughout the municipality, Council adopted basic land
use controls (administered through the General Basic Zone)which apply to the whole
Municipality.The General Basic Zone formed the basis of the previous Municipal
Planning Strategy, which was in place until 2017. Council only applied more restrictive
zoning than was stipulated in the General Basic Zone if specifically requested by the
community.
This Municipal Planning Strategy was adopted on Date XX 2017, after a multi-year Plan
Review, which ran from 2014 to 2017.The entire process, including several rounds of
public consultations and the formulation of goals,policies and regulations, was directed
by a dedicated group of citizens who acted in a voluntary capacity.
Further information on the 2014-2017 Plan Review can be found in:
engagement Reports to the Citizens Planning Advisory Committee, prepared by
the firm Third Sector Enhancement Ltd.and dated March, 2015 and December
2015.
background reports for Plan Review, which were completed in 2014 and 2015.
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History of Municipal Planning Page |95
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meeting minutes and agenda packages from the Citizens Planning Advisory
Committee, which directed the Plan Review process between November 2014
and Month/ Year.
Subdivision Control
The Minister of Municipal Affairs first prescribed Subdivision Regulations for Chester
Municipality on 5 March, 1975. From that time on, the 1969 Planning Act allowed any
parcel of land to be divided into three without approval, but the fourth and subsequent
division had to satisfy the Subdivision Regulations.
These regulations were repealed and new Provincial Subdivision Regulations were
prescribed on 6 August, 1984 under the Planning Act of 1983. In August of 1987, new
Provincial Subdivision Regulations were prescribed under the 1987 amendments to the
Planning Act which required every division of land to satisfy the regulations. Work on a
Subdivision By-law for Chester Municipality went very slowly, and when a draft was
submitted to Department of Municipal Affairs staff in 1988, it was rejected because it
conflicted with provincial standards on lot sizes and access to lots.
Since Provincial Subdivision Regulations do not address the provision of Municipal
Services such as sewers, water supply, and recreation facilities, nor do they address
matters of concern to Municipal Council such as private road construction standards,
Council in 1989 again requested Lunenburg County District Planning Commission staff
to draft a Municipal Subdivision By-law to deal with these issues. This project did not
get a high priority and the drafts were set aside in favour of other work.
As part of the Provincial-Municipal Services Exchange, the Provincial Subdivision
Regulations were extensively amended in 1995. Council gave a high priority to the
drafting of a Municipal Subdivision By-law, because of a new municipal responsibility
for municipal public highways. Because of the re-organization of the Commission
resulting from the Services Exchange, this project proceeded slowly.A Subdivision By-
law was adopted in 2000. It was repealed and replaced with a new By-law in 2017, as part
of the creation of this Municipal Planning Strategy.
Municipal Planning Strategy The Municipality of Chester
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12.Maps and Appendices