HomeMy Public PortalAbout2019-11-25_COPY of FINAL DRAFT_Municipal MPS_passed 1st Reading
MUNICIPAL PLANNING STRATEGY | i
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Municipality of the District of Chester
Municipal Planning Strategy
Original Documents Approved by Council on
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/2019 and approved without amendments
by the Minister on DD/MM/2019.
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MUNICIPAL PLANNING STRATEGY | iii
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CONTENTS
CONTENTS ........................................................................................ iii
1.0 TITLE, PURPOSE, AND SCOPE ............................................... 1
1.1 Purpose ................................................................................................... 2
1.2 Vision and Goals .................................................................................. 3
1.3 Character and Land Use .................................................................... 5
1.4 Policy Approach ................................................................................... 9
1.5 Authority and Scope ......................................................................... 11
2.0 LIVEABLE COMMUNITIES .................................................... 17
2.1 Parks and Open Space ..................................................................... 19
2.2 Transportation .................................................................................... 23
2.3 Housing ................................................................................................. 26
2.4 Heritage ................................................................................................ 29
3.0 GENERAL LAND USE POLICIES ............................................ 33
4.0 COMMUNITY CHARACTER .................................................. 43
4.1 Rural Area ............................................................................................. 45
4.2 Settlement Area ................................................................................. 49
4.3 Hamlet Area ......................................................................................... 60
4.5 Village Area .......................................................................................... 63
5.0 ECONOMIC DEVELOPMENT ................................................ 65
5.1 Industrial and Business Area.......................................................... 66
5.2 Neighbourhood Comprehensive Development District
Areas.. ................................................................................................................. 71
6.0 ENVIRONMENTAL SAFEGUARDS ....................................... 77
6.1 Stormwater Management .............................................................. 78
6.2 Watercourse, Water Body, and Wetland Setbacks and
Vegetated Buffers .......................................................................................... 81
6.3 Lakefront Overlay .............................................................................. 84
6.4 The Coast and Sea Level Rise ........................................................ 86
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6.5 Environmental Protection Area .................................................... 88
7.0 SERVICES AND INFRASTRUCTURE .................................... 95
7.1 Sewage Treatment ............................................................................ 97
8.0 SUBDIVISION ..................................................................... 103
8.1 General Subdivision ........................................................................ 104
8.2 Lot Size ................................................................................................ 107
8.3 Lot Access ........................................................................................... 109
8.4 Sewer Services .................................................................................. 112
8.5 Water Services .................................................................................. 114
8.6 Open Space ....................................................................................... 116
9.0 IMPLEMENTATION & ADMINISTRATION ...................... 121
9.1 Public Participation ......................................................................... 122
9.2 Development Officer ...................................................................... 124
9.3 Development Permits .................................................................... 125
9.4 Variances ............................................................................................ 126
9.5 Non-Conforming Uses and Structures .................................... 128
9.6 Site Plan Approval ........................................................................... 129
9.7 Development Agreements ........................................................... 131
9.8 Amendments ..................................................................................... 141
9.9 Reviewing the Municipal Planning Strategy .......................... 145
10.0 ONGOING & FUTURE PROJECTS ..................................... 147
11.0 HISTORY OF MUNICIPAL PLANNING .............................. 149
11.1 Planning Strategies and Land Use By-laws ............................ 149
11.2 Subdivision Control ........................................................................ 150
SECTION 1:
INTRODUCTION
CONTENTS:
Purpose ....................................... 1.1
Vision and Goals...................... 1.2
Character and Land Use ....... 1.3
Policy Approach ...................... 1.4
Authority and Scope .............. 1.5
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1.0 TITLE, PURPOSE, AND SCOPE
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 settlements are among the oldest in Nova Scotia. Our
inland populated areas 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 Municipality. Our
collective heritage is long and diverse.
Traditionally, our economy was based on fishing, farming and
forestry. Production of food, clothing and other necessities was done
locally. As roads improved and travelling became easier, our
connections to other south shore populations centres, Halifax and
the Annapolis Valley increased.
Our location between Bridgewater, Halifax and the Annapolis Valley
is stunning. With hard work and dedication, we will maintain a strong
sense of place while supporting 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.
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1.1 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 the various
settled areas within its borders. The strategy reflects how residents
would like these areas to evolve and improve in ways that facilitate
growth, development and change where needed, while preserving
and enhancing the existing character that makes these places
attractive to live and work.
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), the Economic
Development Strategy (2013), and Council’s ongoing strategic
planning activity.
Planning policy, and subsequent regulation, cannot on its own create
great places. The Municipality, other levels of government,
businesses, community groups and residents all play a role in
creating a strong sense of place. 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 to facilitate development while maintaining and enhancing
existing community character.
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1.2 Vision and Goals
This Planning Strategy is based on public meetings and public
engagement held since 2015. The ideas, input and feedback have led
to clear, strong planning policies to direct and guide future growth
and development within the Municipality.
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 places to live and work. They
spoke about the need to balance growth and development with the
preservation of historic character and the natural environment.
Our Shared Goals and accompanying objectives are intended to
realize a Municipality that:
Safeguards its natural environment by
Recognizing potential threats caused by sea level rise, storm
surge and their effect on the coastline and infrastructure
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 stormwater 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 various
parts of the Municipality
Encouraging suitable rural and village settlement patterns
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Encouraging 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
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 Municipality
Encouraging affordable housing
Enjoys good social and physical health by
Creating places for outdoor recreation across the Municipality
Designing and promoting accessible spaces
Encouraging and supporting transportation options beyond
the private automobile
Connecting residents and visitors with safe cycling and
walking routes
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1.3 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
promote and maintain a healthy, liveable Municipality. Different
areas 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 defined by their 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 settlements are part of the Municipality’s fabric, as
are the heritage and traditions associated with each area. However,
Rural settlement patterns are changing. In the past, these areas were
supported by farming, fishing, forestry and mining. These activities
are still important, 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
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compatibility of neighbouring land uses and the safeguarding of the
natural environment.
The following principles are adopted to help define rural character:
Rural areas 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 locale within the Municipality 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 a Community Character Area to all land
within the Municipality.
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 parts of the
Municipality 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.
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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 or have the potential to impact their surroundings – 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.
Therefore, Council adopts the following policies:
Policy V-1
All land in the Municipality shall be designated with a
Community Character Area that expresses the area’s desired
character.
Policy V-2
Land in the Municipality shall be designated as an Industrial and
Business Area where heavy industrial and intensive business
uses shall be directed.
Policy V-3
Land in the Municipality shall be designated as an
Environmental Protection Area where natural resources shall be
safeguarded.
Policy V-4
The Municipal Planning Strategy shall identify the desired land
uses allowed in each Community Character Area, Industrial and
Business Area, and Environmental Protection Area.
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Policy V-5
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.
Policy V-6
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.
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1.4 Policy Approach
Council’s longstanding policy has been to impose minimal planning
regulations, unless a group of residents asks for more regulation. This
Planning Strategy takes a different approach by providing guidance
on how all parts of the Municipality 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, this plan 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 existing developed areas from incompatible forms of
development. Such regulations include land use policy and policy on
building design and physical character.
In recognition of the above, Council adopts the following policies:
Policy V-7
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.
Policy V-8
Council shall consider more restrictive planning regulations
when a group of residents has shown that it wishes to consider
such regulations. Council shall undertake a public engagement
program to understand the wishes of local residents and
property owners before creating or approving any amendments.
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Policy V-9
Notwithstanding Policy V-8, 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 Municipality.
Policy V-10
Council intends to control land use and development 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.
Policy V-11
Land use policies and regulations shall reflect each area’s:
a) rural or village context;
b) existing land uses;
c) community character;
d) desire for regulation;
e) vision.
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1.5 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 carry out its intent, as set out in the Municipal
Government Act.
This Planning Strategy 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
Planning Strategy. However, developments cannot proceed unless
the intent of the Planning Strategy is met.
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 states that a Land Use By-law may only be adopted
in order to carry out the intent of a Municipal Planning Strategy.
Where there is a Land Use By-law in effect, the Act says that a
development permit must be obtained for any development, but also
allows the By-law to specifically exempt some developments from
this requirement.
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Council adopts the following policies:
Policy V-12
This Municipal Planning Strategy applies to the whole of the
Municipality of Chester unless otherwise indicated in the
Chester Village Secondary Planning Strategy as shown on the
Generalized Future Land Use Map, as detailed in Schedule “A”.
Policy V-13
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 Generalized Future Land Use
Map, as detailed in Schedule “A”.
1.5.1 Addressing the Statements of Provincial
Interest
Development and growth within the municipality must be considered
with respect to the Statements of Provincial Interest in the Municipal
Government Act. These Statements recognize the importance of:
protecting the quality of drinking water; protecting the public and
property from flooding risks; protecting agricultural land from
inappropriate development; the efficient use of municipal water
supply and wastewater disposal systems; and, providing housing
opportunities to meet the needs of all Nova Scotians. This Planning
Strategy and the policy statements within address each of the five
Statements of Provincial Interest as outlined below:
Statement of Provincial Interest Regarding Drinking Water
This Planning Strategy takes a firm approach on protecting drinking
water in the municipality. Policies E-1, E-2 and E3 provide regulation
for stormwater while Policies E-4 through E-7 create tiered
stormwater provisions to protect groundwater. Policies E-9 through
E-24 protect water quality through watercourse, water body, wetland
setbacks, vegetated buffers, and a Lakefront Overlay. Finally, within
the Environmental Protection Area, Policy establishes the Protected
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Watershed Zone in the Land Use By-law. The purpose of the
Protected Watershed zone is to prevent the contamination of
identified potential drinking water sources and their associated
watersheds by limiting development and are supported by Policies
E-32 through E-35.
Statement of Provincial Interest Regarding Flood Risk Areas
None of the Flood Risk Areas designated under the Canada-Nova
Scotia Flood Damage Reduction Program are located within the
municipality; however, Policies in this Planning Strategy work toward
reducing stormwater runoff which can contribute to erosion and
flooding. Policies E-1 through E-3 and E-5 through E-7 speak
directly to the Municipality’s desire to manage the impacts of
stormwater. Policies E-25 through E-28 establish coastal provisions
for current and future development.
Statement of Provincial Interest Regarding Agricultural Land
Historically, agriculture has played an important role in shaping the
Municipality and continues to be important to this day. Policy G-2
permits agriculture in accordance with normal farm practices defined
by the Farm Practices Act throughout the Municipality. Policy G-24
regulates farm animals within specific zones as detailed in the Land
Use By-law. Policy G-30 details regulations regarding outdoor
cannabis production facilities as an agricultural use.
Statement of Provincial Interest Regarding Infrastructure
Services, especially water supply and wastewater, are provided at
different levels within the municipality. As the Municipality does not
have a central water supply, Policies S-19 and S-20 support the
development of local water supply systems that are constructed to a
high standard and states that Council shall assume ownership of a
central water system when certain conditions are met. The
Municipality also operates six central sewer systems. Policies S-5 and
S-6 allow Council to consider developing and extending central
services, efficiently growing systems to nearby developments. Policy
SI-2 supports improving solid waste systems and encourages
recycling and reducing waste volumes. Policy SI-3 ensures that all
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major developments are equipped for adequate emergency water
supply and emergency vehicle access for firefighting purposes.
Additionally, Polices SI-8 through SI-10 permit Council to prioritize
and adopt Wastewater Management Districts to provide wastewater
services in rural areas while promoting growth in an environmentally
and fiscally sustainable manner.
Statement of Provincial Interest Regarding Housing
Policies L-16, L-17, and L-18 support Council’s initiative to allow for
the development of a wide variety of housing options in the
Municipality. Policies L-16 and L-17 respond to the varying needs
and physical character of the Municipality. These policies allow for
and provide a range of development options to enable different
housing types and densities. Policy L-18 enables Council to
collaborate with organizations, developers, and other groups to
facilitate innovative housing and neighbourhood designs, including
affordable housing. Policies L-19 and L-20 permit manufactured
homes and land lease communities within the Municipality,
respectively. Policy V-14 ensures that indigenous communities are
informed about any neighbouring events that may be of interest or
affect the community.
1.5.2 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.
Policy V-14
Council will notify and engage with First Nations neighbours in
matters of planning and development that may be of interest to,
or affect, indigenous communities.
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Policy V-15
Council will work with federal, provincial, and municipal partners
to deliver services such as recreation, transportation, national
defense, housing, policing, and education.
Policy V-16
Council will work with federal, provincial, and municipal partners
to support programs and infrastructure related to fishing,
forestry, agriculture, tourism, and other industries.
Policy V-17
Council will continue to coordinate with fire commissions, fire
departments, and the Village of Chester Commission to facilitate
registration of these bodies and ultimately to ensure the
provision of adequate fire protection and emergency services
for residents of the Municipality.
Policy V-18
Council will continue to encourage and support volunteer
groups in providing a range of services.
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SECTION 2:
LIVEABLE
COMMUNITIES
CONTENTS:
Parks and Open Space ..... 2.1
Transportation..................... 2.2
Housing ................................. 2.3
Heritage ................................. 2.4
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2.0 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
plan and develop these areas affects peoples’ lifestyles and health.
This Planning Strategy contains 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
Affordable, adequate, and suitable housing is available
There is easy access to facilities and services, such as health
care, recreation, meeting places, and retail
Neighbourhood design facilitates opportunities to connect
with friends, family, and employment
Pursuing the goals of this Planning Strategy will help build healthy,
connected, liveable communities. This chapter contains policies
specifically intended to improve the liveability of communities by
addressing parks and open space, active transportation, housing and
heritage.
Council adopts the following general policies on liveable
communities:
Policy L-1
Council shall work to foster a healthy built environment within
connected, liveable communities that promotes wellness, and
builds a sense of belonging and pride.
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Policy L-2
Council shall foster liveable communities by encouraging well-
being, creativity, entrepreneurship, grass-roots engagement,
and recreation.
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2.1 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 spaces
Facilitating access for all to the coast, to lakes and to rivers
2.1.1 General Policies
Every resident requires access to 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 serve as a focal point
and play a key role in maintaining healthy and vital neighbourhoods.
One strength of our Municipality is the proximity to nature and to
wilderness areas. This provides 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 more built-up areas
of the Municipality. 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 area. 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.
The Municipality encourages design for public places in such a way
that they can be used by all age groups and abilities.
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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 to first 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 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:
Policy L-3
A parks and open space plan shall be undertaken to guide the
acquisition and development of parks and open spaces across
the Municipality.
Policy L-4
Council shall encourage the design of parks and open space
which facilitates use by all age groups and all abilities.
Policy L-5
Council shall continue to work with other governments and local
interest groups to provide parks and open space for residents.
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Policy L-6
Council shall work to advance the goals found within the
Municipal Active Living Strategy.
Policy L-7
Council shall explore opportunities to obtain properties that
have water access and are suitable for recreation.
Policy L-8
Council shall explore opportunities and partnerships to provide
the public with better waterfront access.
2.1.2 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 interest is development that provides public
access to inland waterways and to coastal shores through the
development of parks, open space, or other recreational lands.
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.
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Council therefore adopts the following policies:
Policy L-9
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 sections 9.7.1 and 9.7.4 of this
Planning Strategy. 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.
Policy L-10
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 local area in which the development is proposed
to receive feedback and input from local residents on the
design, layout, and use of the development.
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2.2 Transportation
The policies in this section respond to the following objectives:
Encouraging and supporting transportation options beyond
the private automobile
Creating connections to safe cycling and walking routes
Our transportation systems connect people to jobs, events, and
services in their local area. In the modern era, 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 and plan for growth and
development going forward. It is a long process that will involve
continual work, budgeting, and strategic planning. Building
sidewalks, paved shoulders, 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 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.
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Through this Planning Strategy’s policies Council will give priority to
creating more travel options for residents. By supporting walking,
cycling and local transit options, residents will have more
opportunities for recreation and engagement with one another.
When paired with good design, residents and visitors will have better
access to the supports and services they need to stay healthy and
connected.
Council adopts the following policies for transportation:
Policy L-11
Council shall give priority to sustainable transportation choices
that provide better travel options for residents.
Policy L-12
Council shall give priority to cycling and walking improvements
that both support long term recreation plans and support
practical trips for residents.
Policy L-13
Council shall continue to support dial-a-ride transit and other
local transit services, through in-kind support, partnerships and
other means.
Policy L-14
Within the framework of the Active Transportation Policy,
Council shall continue to work with the Province to create safe
roads, highways, sidewalks, trails, paved shoulders and active
transportation routes for all users.
Policy L-15
Council shall encourage new development that provides
attractive cycling and walking options.
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2.3 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 their chosen place of residence
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 housing in one area; two-unit or
multi-unit housing in other areas.
While this model may have had merits in the past, our demographics
and development patterns are changing. Households are becoming
smaller, family units are more diverse, and our senior population is
continually growing. Furthermore, economic forces are making
homes less affordable. Census (Statistics Canada, 2016) data reveal
that 18.5% of households in the Municipality are spending 30% or
more 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 liveable 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 for affordable housing
initiatives. Council’s approach to support affordable housing includes
creating a land use framework that minimizes barriers to creating
new affordable housing and 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 two-unit or multi-unit
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developments, manufactured 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 citizens.
Council adopts the following policies to address housing in the
Municipality:
Policy L-16
Council shall encourage a range of housing types and densities
that respond to the needs and physical character of each area,
including but not limited to: housing for varied household sizes,
housing for seniors and others with special housing needs, and
affordable housing.
Policy L-17
The Land Use By-law shall provide for a range of development
approaches, including but not limited to development
agreements, mixed-use zoning, varied residential types and
densities, two-unit and multi-unit developments, manufactured
housing and alternative development standards, to encourage
the development of innovative housing concepts.
Policy L-18
Council may work with organizations, with non-profit and
cooperative groups and with developers to encourage
innovative neighbourhood design and housing approaches,
including affordable housing, in the Municipality.
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2.3.1 Manufactured homes and land lease
communities
Manufactured homes, constructed off-site for placement and final
assembly on a lot, are an affordable alternative to traditional single
and multiple-unit housing types. Whether developed as one unit per
lot or as multiple units on a lot to form a land lease community, they
are permitted in most Rural and Settlement planning areas. It is
important for this type of development to be designed to ensure a
high standard of living for residents, including having roads sufficient
for emergency vehicle access and waste collection, and adequate
storm drainage. For this reason, larger land lease communities shall
be approved by development agreement.
Council adopts the following policies for manufactured homes
and land lease communities:
Policy L-19
Manufactured homes shall be permitted in all zones, unless
otherwise stated in the Land Use By-law.
Policy L-20
Where permitted, land lease communities shall only be
approved by Development Agreement.
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2.4 Heritage
The policies in this section respond to the following objectives:
Recognizing and enhancing the unique character of each
character area defined in this Strategy
Preserving and celebrating historic places
The Municipality of Chester 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 an area;
Landscapes shaped by human activity (known as cultural
landscapes), and special places that may hold significant
archaeological artifacts.
The preservation and celebration of the Municipality’s heritage and
cultural landscapes 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
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technical advice. Additionally, the Province has adopted national
standards and guidelines for the conservation of heritage resources.
Council recognizes that preserving heritage is important to 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.
Council adopts the following policies for the recognition,
preservation and celebration of heritage:
Policy L-21
Council shall maintain a Register of Municipal Heritage
Properties and shall encourage the continued registration of
properties pursuant to the Heritage Property Act.
Policy L-22
Council shall adopt the Standards and Guidelines for the
Conservation of Historic Places in Canada in evaluating
substantial alterations to Registered Heritage Properties.
Policy L-23
Council shall work with property owners and heritage
organizations to designate buildings, districts and cultural
landscapes of historical and/or architectural importance.
Policy L-24
Council shall cooperate with the Province of Nova Scotia in
raising awareness of heritage programs that affect residents and
property owners in the Municipality.
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Policy L-25
Council shall cooperate with the Province of Nova Scotia in
matters pertaining to the protection of places of potential
archeological significance.
Policy L-26
Council shall continue to work with community groups as they
promote and celebrate their cultural heritage through initiatives
such as interpretation, distinctive civic signs, and promotion of
places and events.
SECTION 3:
GENERAL LAND USE
POLICIES
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3.0 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,
the Industrial and Business Area, and the Environmental Protection
Area.
Council adopts the following general land use policies:
Permitted Uses
Policy G-1
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.
Policy G-2
Notwithstanding Policy G-1, agriculture in accordance with
normal farm practices as defined in the Farm Practices Act, and
forestry in accordance with Nova Scotia’s forest management
guidelines, shall be permitted in any Community Character Area
zone.
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Policy G-3
Any lot of land may be used for a purpose permitted in the zone
in which it is located, provided the zone standards can be
satisfied, 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 Vehicles
Policy G-4
The Land Use By-law shall prohibit cars, trucks and other motor
vehicles from being used for permanent human habitation
unless otherwise specified.
Temporary and Special Uses
Policy G-5
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.
Policy G-6
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.
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Policy G-7
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-8
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-9
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-10
Unless otherwise permitted in the Zone, Council shall prohibit
the use of an accessory structure for human habitation in any
zone.
Policy G-11
Council shall permit parks, playgrounds and other non-
commercial recreation uses in all Community Character Area
zones.
Policy G-12
Unless otherwise prohibited in the Zone, Council shall permit
places of worship and cemeteries in all Community Character
Area zones.
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Access and Public Safety
Policy G-13
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 or water bodies, and separation of land uses to
reduce land use conflicts.
Policy G-14
Council shall establish use-specific parking standards as
appropriate in the Land Use By-law, and where developments
are permitted by development agreement or site plan approval,
the agreement or approval shall make provision for adequate
parking and access to serve the development proposal.
Signs
Policy G-15
Council may regulate or prohibit the type, number, size and
location of signs, through appropriate provisions in the Land
Use By-law.
Fences
Policy G-16
Council may regulate, require or prohibit fences, walks, outdoor
lighting and landscaping.
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Outdoor Storage, Landscaping & Alteration of Land Levels
Policy G-17
In connection with a development, Council may regulate or
prohibit the altering of land levels, the excavation or filling in of
land, the placement of fill or the removal or soil, unless these
matters are regulated by another enactment of the Province.
Policy G-18
In connection with a development, Council may regulate or
require the planting or retention of trees, and vegetation for the
purpose of landscaping, buffering, sedimentation or erosion
control.
Policy G-19
Council may regulate or prohibit the outdoor storage of goods,
materials, waste materials, aggregates and other items and
require outdoor storage sites to be screened by landscaping or
structures.
Home-based Business
Policy G-20
Council shall permit home-based businesses as specified within
the Land Use By-law 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-21
Council may regulate signs, open storage and outdoor display
of home-based businesses in order to minimize impacts on
adjacent residential uses.
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Policy G-22
Council may set out conditions, including performance
standards, to be met by a development before a development
permit may be issued.
Radio Communication 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-23
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.
Farm Animals
The rearing, breeding, boarding, sheltering and keeping of Farm
Animals has a longstanding history throughout many parts of the
Municipality. Council wishes to maintain a balance between private
property owner’s ability to grow and produce food, with concerns
around water quality protection, pests and nuisance, such as odour
and noise associated with Farm Animals. Council has committed to
further study in this area, which may lead to future amendments to
the planning documents. In the interim, Council wishes to maintain
existing regulations for Farm Animals as specified in the Land Use By-
law.
Policy G-24
Council shall regulate the rearing, breeding, boarding, sheltering
and keeping of Farm Animals only within specified zones as
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detailed in the Land Use By-law. In all other areas, the rearing,
breeding, boarding, sheltering and keeping of Farm Animals
does not require a development permit.
Electrical Generation Facilities
Council wishes to encourage and support the development of
renewable energy in a responsible manner that does not negatively
impact existing neighbourhoods or land uses. As with many aspects
of development, Council wishes to establish a balance that allows for
residential scale renewable energy development while clearly
distinguishing commercial scale development which is subject to
greater restrictions related to location and approval. Relaxation of
regulations is provided for solar collectors attached to a building.
Policy G-25
Council shall regulate Electrical Generation Facilities based on
the type of installation and the overall energy production rating
in various zones, as specified in the Land Use By-law.
Policy G-26
The Land Use By-law shall detail regulations, including setbacks
and approval processes for Electrical Generation Facilities. This
includes distinguishing between residential and commercial
scale Electrical Generation Facilities.
Policy G-27
In areas where yard setbacks apply, off-building solar collectors
shall not be located within the Front Yard.
Policy G-28
The Land Use By-law does not regulate building materials or
include provisions for architectural controls. As an extension of
this logic, Council shall not require a development permit for
any Solar Collector that is attached to a building.
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Cannabis Production Facilities
With recreational cannabis use recently becoming legal in Canada,
Council expressed a desire to be prepared and form clear policy and
regulations outlining the requirements to develop a Cannabis
Production facility within the Municipality. With the understanding
that Health Canada enforces strict requirements relating to setbacks,
security and nuisance emitting from Cannabis Production Facilities,
Council wishes to avoid duplication and therefore distinguishes
between Cannabis Production Facilities which operate completely
within a building, from those operations that involve outdoor
cultivation, harvesting or processing.
Policy G-29
The Land Use By-law shall establish regulations for Cannabis
Production Facilities and shall distinguish between Indoor and
Outdoor Cannabis Production Facilities.
Policy G-30
Indoor Cannabis Production Facilities, due to strict federal
licensing requirements, are considered a light industrial use and
shall be permitted subject to zone standards for light industrial
uses. Outdoor Cannabis Production Facilities are considered an
agricultural use and subject to additional controls as detailed in
the Land Use By-law.
Recreational Vehicles
The use of recreational vehicles (RV’s) for temporary or seasonal
habitation has a longstanding history in the Municipality. Conflicts
arising between permanent residents occupying traditional housing
forms and seasonal or temporary RV users have led to regulations
for RV’s in several zones. These regulations allow Council to control
the use of RV’s where desired, while not overburdening RV users in
more rural areas.
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Policy G-31
The Land Use By-law may establish regulations for Recreational
Vehicles varying by zone, including yard setbacks, requirement
for temporary Development Permit, length of stay, placement
on vacant lots and other regulations as specified.
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SECTION 4:
COMMUNITY
CHARACTER
CONTENTS:
Rural Area ............................. 4.1
Settlement Area .................. 4.2
Hamlet Area ......................... 4.3
Village Area .......................... 4.4
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4.0 COMMUNITY CHARACTER
The policies in this section respond to the following objectives:
Recognizing and enhancing the unique character of each
locale within the Municipality
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 are very
rural, while others are small hamlets or villages. Recognizing and
enhancing each area’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 specific
Community Character Areas.
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.
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In recognition of these considerations, Council adopts the
following policies:
Policy CC-1
The Generalized Future Land Use Map shall depict the
Community Character Areas in the Municipality.
Policy CC-2
The Zoning Map in the Land Use By-law shall depict the extent
of all zones.
Policy CC-3
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.
Policy CC-4
Council may regulate the external appearance of structures.
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4.1 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 development 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, including forestry,
fishing and natural resource processing. 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 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 General Basic Area permits all land uses and developments with
the exception of heavy industrial use. 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 that these uses should be allowed only within the Industrial
and Business Area.
While stronger environmental standards for large developments in
the Rural Area 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 site plan approval or development
agreement.
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Council adopts the following policies for the Rural Area:
Policy CC-5
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.
Policy CC-6
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.
4.1.1 General 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:
Policy CC-7
A General 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.
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Policy CC-8
Notwithstanding Policy G-1, all land uses other than heavy
industrial are permitted in the General Basic Zone, unless
otherwise indicated in the Land Use By-Law.
Policy CC-9
The General Basic Zone shall regulate permitted uses and site
standards depending on their size and their impact.
Policy CC-10
The General Basic Zone shall only be applied in the Rural Area.
Policy CC-11
In the General 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) other moderately-sized light industrial developments.
Policy CC-12
In the General Basic Zone, development agreements shall be
utilized in accordance with the provisions of the Municipal
Government Act to permit:
a) high density residential developments and land lease
communities;
b) golf courses;
c) aquaculture;
d) contaminated soil facilities;
e) other large light industrial developments;
f) public waterfront parks not owned by the Municipality.
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Policy CC-13
In the General 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) aggregate processing over six months duration;
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 or water bodies, 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.
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4.2 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 both the environment and cultural
character of different parts of the Municipality. Emphasis shall be on
encouraging well-designed settled areas 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 some 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 Single Unit Residential Zone – carried over from the
previous Municipal Planning Strategy for established
residential neighbourhoods to ensure the continuity of a quiet
residential character;
The Settlement Residential Zones – carried over from the
Rural Residential and Low Density Residential Zones near the
Village of Chester and applied to several parts of the
Settlement Area where a predominantly residential rural
character is most evident;
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 Coastal Island One Zone – respects the ecological
integrity of islands by limiting intense development and is
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applied to coastal islands, traditionally outside the Chester
Village Planning Area, which are not donated in trust or owned
by the Municipality;
The Coastal Island Two Zone – is applied to islands
historically governed by the Chester Village Land Use By-law
that are held in private ownership. New lots are required to
maintain a large lot area to further limit development density
and preserve ecological integrity of the islands;
The Gateway Zone – applied on the outskirts of some hamlets
and the Village of Chester, where tighter controls for large
commercial, light industrial, institutional and multi-unit
residential projects are applied.
Therefore, Council adopts the following policies for the
Settlement Area:
Policy CC-14
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.
Policy CC-15
The intent of the Settlement Area designation is to:
a) permit a mix of uses that can foster cohesive development
of moderate density;
b) provide a varying level of regulation which recognizes the
diversity of the different development patterns 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
development;
f) safeguard the natural environment, especially water
quality.
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Policy CC-16
The policies of the Settlement Area shall be implemented by:
a) creating the Single-Unit Residential Zone;
b) creating the Settlement Residential Zones;
c) creating the Mixed-Use Zone;
d) creating the Coastal Island One Zone;
e) creating the Coastal Island Two Zone;
f) creating the Gateway Zone;
g) providing setbacks, yard sizes and site standards for rural
uses, including the keeping of farm animals and the
processing of natural resources;
h) prohibiting heavy industrial uses and fur farming.
4.2.1 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:
Policy CC-17
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.
Policy CC-18
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) regulate the use of Recreational Vehicles;
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d) prohibit all other uses including the keeping of farm
animals.
4.2.2 Settlement Residential Zones
POLICY GOALS:
to safeguard the essential character of rural residential areas
to permit limited commercial and light industrial uses, as well
as farming and natural resource processing
to prohibit intensive uses
Council adopts the following policies for the Settlement
Residential Zones:
Policy CC-19
The Settlement Residential One Zone and the Settlement
Residential Two 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.
Policy CC-20
In the Settlement Residential Zones, the permitted land uses,
levels of land use intensity, and approval processes shall be
tiered according to their assigned level, and shall:
a) permit single-unit and two-unit dwellings as the primary
land uses;
b) permit small-scale commercial, institutional, and light
industrial uses;
c) prohibit heavy industrial uses and a range of intensive
commercial and institutional uses.
Policy CC-21
The Land Use By-law shall allow the following uses in the
Settlement Residential Zones by development permit:
a) single unit and two unit dwellings on a lot;
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b) small-scale commercial, institutional and light industrial
uses;
c) forestry processing;
d) within the Settlement Residential One zone the rearing,
breeding, boarding, sheltering and keeping of Farm
Animals subject to provisions within the Land Use By-law.
Policy CC-22
In the Settlement Residential Zones, site plan approval and
development agreements shall be utilized in each zone
according to levels of land use intensity to regulate:
a) moderate and high density residential developments;
b) moderately-sized commercial, institutional and light
industrial uses;
c) land lease communities;
d) golf courses;
e) public waterfront parks not owned by the Municipality.
4.2.3 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
existing character of the area
to prohibit highly intensive uses
Council therefore adopts the following policies for the Mixed-
Use Zone:
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Policy CC-23
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-24
Within the Mixed-Use Zone, it shall be the intent of Council to:
a) allow a range of residential, commercial, institutional and
light industrial uses;
b) provide modest setbacks for certain rural uses,
commercial and light industrial uses and forestry
processing;
c) prohibit heavy industrial uses and fur farming.
Policy CC-25
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) forestry processing;
d) small campgrounds, RV Parks and tourist
accommodations.
Policy CC-26
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 approval;
d) small abattoirs;
e) moderately-sized tourist accommodations;
f) aggregate processing up to six months duration.
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Policy CC-27
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) aquaculture;
d) large campgrounds and RV parks and tourist
accommodation developments;
e) aggregate processing over six months duration;
f) public waterfront parks not owned by the Municipality.
4.2.4 Coastal Island One 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 One
Zone:
Policy CC-28
A Coastal Island One Zone shall be created in the Land Use By-
law and shall be applied to coastal islands not owned by the
Municipality, which are located outside of the historic Chester
Village Planning Area. The extent of the Coastal Island One
Zone shall be shown on the Zoning Map in the Land Use By-
law.
Policy CC-29
The Coastal Island One Zone shall:
a) permit single unit dwellings;
b) permit home-based businesses;
c) permit limited eco-tourism uses as well as small-scale
commercial and institutional uses;
d) permit aquaculture and forestry processing uses.
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Policy CC-30
The Land Use By-law shall allow for the approval of the following
permitted uses in the Coastal Island Zone by development
permit.
a) single unit dwellings;
b) home-based businesses;
c) aquaculture;
d) small-scale campgrounds and tourist accommodation;
e) small-scale commercial and institutional uses;
f) forestry processing.
4.2.5 Coastal Island Two Zone
POLICY GOALS:
to limit development on coastal islands not owned by the
Municipality in order to safeguard their character as well as
their ecological integrity
to preserve the traditional low development density on
islands, close to Chester Village. These islands were
traditionally governed by the Chester Village Land Use By-law.
New lots are required to maintain large lot area and frontage
along the ocean
Policy CC-31
A Coastal Island Two Zone shall be created in the Land Use By-
law and shall be applied to coastal islands not owned by the
Municipality, which are located within the historic Chester
Village Planning Area. The extent of the Coastal Island Two
Zone shall be shown on the Zoning Map in the Land Use By-
law.
Policy CC-32
The Coastal Island Two Zone shall:
a) permit single unit dwellings;
b) permit home-based businesses;
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c) permit limited eco-tourism uses as well as small-scale
commercial and institutional uses;
d) permit aquaculture and forestry processing uses.
Policy CC-33
Newly created lots within the Coastal Island Two Zone shall:
a) require a minimum lot area of 4 hectares;
b) require a minimum 150m of shoreline frontage along the
ocean.
Policy CC-34
The Land Use By-law shall allow for the approval of the following
permitted uses in the Coastal Island Two Zone by development
permit.
a) single unit dwellings;
b) home-based businesses;
c) aquaculture;
d) small-scale campgrounds and tourist accommodation;
e) small-scale commercial and institutional uses;
f) forestry processing.
4.2.6 Gateway Zone
POLICY GOALS:
to accommodate high-growth potential expected at entry
points to hamlets and the Village of Chester
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:
Policy CC-35
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.
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Policy CC-36
The Gateway Zone shall:
a) allow for a range of residential, institutional, commercial,
and light industrial uses;
b) encourage commercial development by allowing as-of-
right development for most commercial uses;
c) require buildings be kept closer to the street, through
implementation of a Maximum Yard Setback as specified
in the Land Use By-law;
d) prohibit heavy industrial uses, fur farming and other
industrial uses that are incompatible with the intent of the
Settlement Area.
Policy CC-37
In the Gateway Zone, a development permit shall be required
for:
a) single unit and low density residential developments;
b) commercial, institutional and light-industrial
developments;
c) forestry processing.
Policy CC-38
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 and light industrial developments;
c) small campgrounds, RV Parks and tourist
accommodations.
Policy CC-39
In the Gateway Zone, development agreements shall be utilized
in accordance with the Municipal Government Act to regulate:
a) high density residential developments and land lease
communities;
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b) golf courses;
c) large campgrounds and RV parks;
d) kennels;
e) large tourist accommodations;
f) public waterfront parks not owned by the Municipality.
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4.3 Hamlet Area
Hamlets are small settled areas with a distinct commercial centre 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. The purpose of the Hamlet
Area is to preserve the character of these more developed 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.
Council adopts the following policies for the Hamlet Areas:
Policy CC-40
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.
Policy CC-41
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;
d) be a focus for investment in local infrastructure.
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Policy CC-42
The policies of the Hamlet Area shall be implemented by
creating the Hamlet Zone.
4.3.1 Hamlet Zone
POLICY GOALS:
to recognize, preserve and enhance the unique character of
the settlements of New Ross, 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
areas
to be a focus for investment in services and public amenities
Council therefore adopts the following policies for the Hamlet
Zone:
Policy CC-43
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.
Policy CC-44
The Hamlet Zone shall:
a) permit a range of residential, commercial, institutional and
light industrial uses;
b) prohibit heavy industrial uses, fur farming and other
industrial uses that are incompatible with the Hamlet
Area.
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Policy CC-45
In the Hamlet Zone, a development permit shall be required
for:
a) single-unit and low density residential developments;
b) small commercial, institutional and light-industrial
developments;
c) small campgrounds, RV parks and tourist
accommodations;
d) marinas.
Policy CC-46
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.
Policy CC-47
In the Hamlet Zone, development agreements shall be utilized
in accordance with the Municipal Government Act to permit:
a) high density residential developments;
b) land lease communities;
c) public waterfront parks not owned by the Municipality.
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4.5 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:
Policy CC-48
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.
Policy CC-49
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.
Policy CC-50
General Land Use policies from this Municipal Planning Strategy
shall apply in the Village of Chester Planning Area, unless
otherwise stated in the Secondary Planning Strategy.
Policy CC-51
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.
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SECTION 5:
ECONOMIC
DEVELOPMENT
CONTENTS:
Industrial and Business Area .... 5.1
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5.0 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 opportunities for innovative forms of development
through the use of Comprehensive Development Districts
Providing cost effective and efficient services to support
growth
Fostering an economic environment that supports good jobs
The Municipality is designating specific areas for heavy industrial and
business development, in order to help grow the economy. Resilient
Municipalities need to build strong economies, to give residents
meaningful, year-round work, provide resources to pay for services,
and help attract and retain residents.
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5.1 Industrial and Business Area
The Industrial and Business Area Designation is a special planning
designation. Its purpose is to provide a place exclusively 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. Therefore, like other uses, they will be
subject to stormwater management provisions in the Land Use By-
law. 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:
Policy EC-1
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.
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Policy EC-2
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.
Policy EC-3
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.
Policy EC-4
Heavy industrial uses shall be permitted in the Kaizer Meadow
Industrial Zone and Council may consider amendments to this
Municipal Planning Strategy that would allow heavy industrial
uses outside the Kaizer Meadow Industrial Zone.
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5.1.1 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
Council adopts the following policies for the Business Park Zone:
Policy EC-5
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.
Policy EC-6
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.
Policy EC-7
The Business Park Zone shall allow the approval of permitted
uses by development permit.
5.1.2 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
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Council adopts the following policies for the Kaizer Meadow
Industrial Zone:
Policy EC-8
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.
Policy EC-9
The Kaizer Meadow Industrial Zone shall:
a) provide only for industrial uses, including heavy industry;
b) require setbacks from property lines when not shared with
other properties zoned Kaizer Meadow or Kaizer Meadow
Industrial;
c) require setbacks and maintain a vegetated buffer around
watercourses, waterbodies and wetlands
Policy EC-10
The Kaizer Meadow Industrial Zone shall list permitted
developments, which shall be approved by development permit.
Policy EC-11
The Kaizer Meadow Industrial Zone shall permit
developments requiring environmental assessment pursuant to
the Nova Scotia Environmental Assessment Regulations by
development agreement.
5.1.3 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
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Council adopts the following policies for the Kaizer Meadow
Zone:
Policy EC-12
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.
Policy EC-13
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) require setbacks and maintain a vegetated buffer around
watercourses, waterbodies and wetlands;
c) require setbacks from property lines when not shared with
other properties zoned Kaizer Meadow or Kaizer Meadow
Industrial.
Policy EC-14
The Kaizer Meadow Zone shall list permitted developments,
which shall be approved by development permit, and shall
prohibit heavy industrial uses.
Policy EC-15
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.
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5.2 Neighbourhood Comprehensive
Development District Areas
Traditional zones utilized in the Municipality typically list permitted
and prohibited developments and are generally rigid in their
application and requirements. As markets and development
pressures have changed, there is demand and desire to create more
flexible zoning regulations for areas which are planned to be
developed in a phased manner over time. This designation will only
be applied to areas of land that total more than 5 Hectares and are
intended to be developed and used together as part of a larger
development proposal. Municipal Council wishes to allow for and
encourage innovative forms of neighbourhood projects in
appropriate locations through the use of Comprehensive
Development Districts. These projects are centered on residential
uses, but often include other complimentary uses such as
Commercial, Institutional and Light Industrial. A Comprehensive
Development District is a planning tool used to facilitate preplanned,
phased projects of a medium to large scale.
The Neighbourhood Comprehensive Development District (NCDD)
will permit residential projects and ancillary Commercial, Institutional
and Light Industrial uses. Within the NCDD, a Development
Agreement is required to outline and regulate the provisions and
requirements for each site or phase of the project. The NCDD will
provide opportunities for innovation that may include privately
owned cluster septic systems, private road networks and bare land
condominium projects, substantial development on a single lot
without requiring subdivision into individual building lots.
As the NCDD is designed for larger, longer term projects, this
designation will only be applied to a property or combination of
properties with a minimum area of 5 Hectares. The NCDD has been
designed and implemented in a manner which allows flexibility for
Developers, in conjunction with a public participation process to
ensure the comments and concerns of the surrounding community
are heard and considered.
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A Development Agreement will be required to initiate any project
within the NCDD zone. An exemption for existing lots listed in the
Land Use By-law will permit up to two dwelling units per lot by
Development Permit.
Council adopts the following policies for the Neighbourhood
Comprehensive Development District Areas:
Policy EC-16
establish the Neighbourhood Comprehensive Development
District (NCDD) Zone within the Municipal Land Use By-law as
indicated on the GFLUM and Zoning Map;
Policy EC-17
facilitate the phased build-out of medium to large scale
residential developments. These lands may be under multiple
ownership or owned by a single entity;
Policy EC-18
ensure that before entering into a Development Agreement
within the NCDD Zone, Council shall be satisfied that the
proposed project is primarily residential in character. The intent
of the NCDD Zone is to facilitate innovative, residentially
oriented communities through more flexible, alternate
development opportunities;
Policy EC-19
only be applied to one or more properties with a minimum
contagious total area of 5 Hectares;
Policy EC-20
primarily facilitate residential uses, however, ancillary
commercial, institutional and light industrial uses, appropriately
scaled to the development, shall be permitted by Development
Agreement.
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5.2.1 Neighbourhood Comprehensive Development
District Zone
POLICY GOALS:
to allow for and encourage innovative forms of residential
projects in appropriate parts of the Municipality
to provide opportunities for Developers to present alternative
models for ownership (bare land condominium), septic
services, water services and private road networks.
to be applied to lands within the Municipality where
appropriate and supportive of new planned residential
communities.
Council adopts the following policies for the Neighbourhood
Comprehensive Development District Zone:
Policy EC-22
allow, by Development Permit, up to two dwelling units per lot
for existing lots listed in the Land Use By-law;
Policy EC-23
allow, by Development Permit, Municipal Parks and recreation
areas and amenities;
Policy EC-24
by Development Agreement subject to Section 9.7 Development
Agreements, consider flexibility relating to density, dwelling
type, servicing by cluster system and private water systems;
Policy EC-25
prohibit all forms of Heavy Industrial use within the NCDD Zone;
Policy EC-26
control the subdivision of land within the NCDD Zone through a
Development Agreement and subject to the Subdivision By-law.
Known subdivisions shall be addressed in the initial
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Development Agreement, any additional consolidation or
division of property will require amendment to the
Development Agreement, while boundary adjustments to
existing parcels do not require a Development Agreement or
amendment.
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SECTION 6:
ENVIRONMENTAL
SAFEGUARDS
CONTENTS:
Stormwater Management ............ 6.1
Setbacks & Vegetated Buffers .... 6.2
Lakefront Overlay ............................ 6.3
The Coast and Sea Level Rise ..... 6.4
Environmental Protection Area .. 6.5
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6.0 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
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6.1 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. Policies in this Planning Strategy 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 makes provision for tiered stormwater
standards in the Land Use By-law, thus enabling different regulations
for developments based on their size and intensity. Large residential,
commercial, institutional, and industrial developments will be subject
to stormwater management requirements.
Council adopts the following policies for stormwater
regulations:
Policy E-1
The Land Use By-law may 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.
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Policy E-2
Stormwater standards shall be developed and shall have regard
for the anticipated impacts of climate change. They may 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 local groups on stormwater
management and water quality projects.
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Policy E-6
Council may work with developers and other local partners to
implement ongoing water quality monitoring projects, where
deemed necessary.
Policy E-7
Council may develop and implement a stormwater management
education program, including guidelines to provide the public
with information regarding flood risk, stormwater flows, aquifer
recharge, water quality and protection of natural habitat.
Policy E-8
Council may prescribe methods for controlling erosion and
sedimentation during the construction of a development.
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6.2 Watercourse, Water Body, and Wetland
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, water bodies and wetlands
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, 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, and
environmental groups can help repair buffers and improve water
quality. To track success, water monitoring programs may also be
explored, as needed.
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Council adopts the following policies on watercourse/water
body setbacks and vegetated buffers:
Policy E-9
Developments requiring a development permit shall set all
buildings back from the edge of any watercourses, water bodies
and wetlands as shown in the Provincial 1:10,000 topographic
database.
Policy E-10
A natural, vegetated buffer shall be maintained for larger
developments that require a site plan approval or a
development agreement.
Policy E-11
Notwithstanding Policy E-9, small accessory structures, as
defined in the Land Use By-law may be permitted in the
watercourse setback, subject to a development permit.
Policy E-12
A natural vegetated buffer shall maintain mostly existing
vegetation, as specified in the Land Use By-law.
Policy E-13
If required by elsewhere in this document or the Land Use By-
law, when 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.
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Policy E-14
The Municipality shall explore programs and partnerships that
encourage residents and businesses to repair or replant buffers
where vegetation has been removed.
Policy E-15
The Municipality shall explore programs and partnerships to
monitor and report on freshwater quality, as needed.
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6.3 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. Unregulated 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 a simple and effective approach,
but they must also allow views, docks and access to the water.
Restricting the total area covered by 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-16
The Lakefront Overlay shall be created which may be applied
to all zones and shall be applied to land surrounding lakes as
indicated in the Land Use By-law.
Policy E-17
The intent of the Lakefront Overlay shall be to protect water
quality.
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Policy E-18
Lakefront development may require vegetated buffers,
stormwater standards, limited paving surfaces and wastewater
management districts depending on the size of development, as
specified in the Land Use By-law.
Policy E-19
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-20
Small accessory structures, as defined in the Land Use By-law
may be permitted in the vegetated buffer, subject to a
development permit.
Policy E-21
The Land Use By-law may include additional stormwater
standards, specific to the Lakefront Overlay, including provisions
for stormwater management practices.
Policy E-22
The Land Use By-law shall include a limit on hard surfaces in the
Lakefront Overlay.
Policy E-23
The Land Use By-law may specify the size of developments in
the Lakefront Overlay that shall be part of a Wastewater
Management District.
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6.4 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. The Municipality’s
many coastal settled areas are especially vulnerable to these effects.
The average sea level is expected to rise between 1.5 m and 2 m in
Nova Scotia by the year 2100. Storm surges, which push water and
waves to abnormal heights during extreme storms, could reach 5 m
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.
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Council adopts the following policies for the coast:
Policy E-24
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-25
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.
Policy E-26
The Municipality shall continually update its infrastructure
planning and maintenance to respond to evolving sea level rise
threats.
Policy E-27
Council shall consider adopting 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 development from storm surge and coastal erosion.
Policy E-28
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.
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6.5 Environmental Protection Area
The Environmental Protection Area designation addresses two
specific land types requiring protection:
Potential drinking water sources
Lands placed in trust, donated to the Municipality or
otherwise held 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. The only permeant structures permitted within the
Conservation Zone shall be those erected by or under the guidance
of the Municipality.
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Council adopts the following policies for the Environmental
Protection Area designation:
Policy E-29
An Environmental Protection Area designation shall be
created, the extent which shall be shown on the Generalized
Future Land Use Map.
Policy E-30
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 and preserve natural
habitat.
Policy E-31
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.
6.5.1 Protected Watershed Zone
POLICY GOAL:
to prevent the contamination of identified potential drinking
water sources and their associated watersheds by limiting
development
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Council adopts the following policies for the Protected
Watershed Zone:
Policy E-32
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-33
The Protected Watershed Zone may only be applied to an
Environmental Designation, at the discretion of Council.
Policy E-34
The Protected Watershed Zone shall:
a) permit single unit dwellings on large lots;
b) permit water supply treatment and distribution uses;
c) prohibit commercial and industrial uses;
d) prohibit livestock operations;
e) prohibit new public roads and subdivision on private
roads;
f) contain special requirements for new structures associated
with permitted land uses including measures to protect
water quality such as watercourse buffers;
g) require a large minimum lot size and a large minimum lot
frontage.
Policy E-35
The Land Use By-law shall allow for the approval of uses
permitted in the Protected Watershed Zone by development
permit.
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6.5.2 Conservation Zone
POLICY GOAL
to safeguard the ecological integrity of lands placed in trust,
donated to the Municipality or otherwise designated for the
purpose of conservation
Council adopts the following policies for the Conservation Zone:
Policy E-36
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-37
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 for lands owned by
an Authorized Body.
Policy E-38
The Conservation Zone shall allow only research, education
and passive recreation uses including structures owned or
installed by the Municipality.
Policy E-39
The Land Use By-law shall not allow for the construction of any
permanent structures, including wharves and docks, in the
Conservation Zone, except those owned or installed by the
Municipality of the District of Chester.
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Policy E-40
The Land Use By-law shall allow for the approval of uses
permitted in the Conservation Zone by development permit.
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SECTION 7:
SERVICES AND
INFRASTRUCTURE
CONTENTS:
Sewage Treatment ............. 7.1
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7.0 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 that
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.
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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.
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7.1 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 for responsible growth to occur.
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.
7.1.1 Central Sewer Systems
As of 2019, 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 system 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.
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Sewer options have improved dramatically since many systems were
built, however, money available from other levels of government to
build and maintain these systems is not consistent. The Municipality
is concerned with long term financial sustainability associated with
the construction and maintenance of central services. Wastewater
management districts offer a flexible solution to both environmental
and financial priorities. Each Wastewater District is paid for by the
users, while being controlled and maintained by the Municipality to
ensure environmental concerns are adequately addressed.
In recognition of the above, Council adopts the following
policies for sewer systems:
Policy SI-5
Council shall 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.
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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
f) the existence or potential for establishment of a
Wastewater Management District in order to allow
wastewater treatment alternatives.
7.1.2 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 may create 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 developments 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;
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.
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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.
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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Created by Mindandi – freepik.com
SECTION 8:
SUBDIVISION
CONTENTS:
General Subdivision .......... 8.1
Lot Size ................................... 8.2
Lot Access ............................. 8.3
Sewer Services ..................... 8.4
Water Services ..................... 8.5
Open Space .......................... 8.6
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8.0 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
Drainage and stormwater management
Dedication of land for open space
This Planning Strategy provides policy direction for the creation of a
Subdivision By-law.
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8.1 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 typically addresses matters such as
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 intent of these subdivision policies, Council
adopts the following policies:
Policy S-1
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.
Policy S-2
The intent of the Subdivision By-law shall be to follow Provincial
Subdivision Regulations unless otherwise stated by policy.
Policy S-3
It is the intention of Council to adopt a Subdivision By-law
which is consistent with the Provincial Subdivision Regulations
and further, to include in the Subdivision By-law any provisions
of the Provincial Subdivision Regulations which are applicable to
the Municipality.
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Policy S-4
It is the intention of Council to control the subdivision and
consolidation of land in an orderly manner so as to:
a) protect public health by promoting proper sewage
disposal;
b) promote public safety and cost-efficiency in the
construction and use of new roads;
c) ensure that new municipal services are constructed and
maintained at minimum cost to the municipality;
d) provide essential information about land ownership within
the Municipality.
Policy S-5
Council shall be guided by any interpretation by the Department
of Municipal Affairs of all provisions of the Provincial
Subdivision Regulations which are directly incorporated into the
Subdivision By-law.
Policy S-6
Council shall require subdividers to submit concept plans for
early evaluation when new public roads, Municipal sewer
systems or Municipal water services are proposed.
Policy S-7
Council shall require that any subdivision of land conform to all
the applicable Land Use By-law requirements.
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Policy S-8
It is the intention of Council to adopt a Subdivision By-law that
regulates the division and consolidation of lands within the
Municipal boundaries so as to ensure:
a) that such subdivisions of land conform with any applicable
requirements of any applicable Land Use By-law for
minimum lot area, lot frontage, setbacks and access;
b) where there is no central sewer system, that such
subdivisions of land intended for development are tested
to determine whether the lots are suitable for on-site
sewage disposal;
c) where there is no Secondary Planning Strategy, but lots
are served by a central sewer system, that such
subdivisions of land provide an adequate lot size for
ordinary residential purposes;
d) that such subdivisions of land provide for safe adequate
access from the Public Highway network to each
approved lot;
e) that any central sewer systems and central water systems
are properly designed and constructed, as well as
connected to existing municipal systems where possible;
f) that provisions are made for dedicating land, or the
contribution of equivalent value in lieu of land, for park,
playground and similar public purposes;
g) that engineering drawings are prepared by qualified
professionals and filed with the Municipal Clerk to show
the construction details of any new central sewer or water
services, and of any new Municipal Public Highways, as
well as the engineering design of any new private roads;
h) that the applicable requirements of the Provincial
Subdivision Regulations are in effect.
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8.2 Lot Size
Minimum lot sizes for on-site sewage disposal by septic tank and
disposal field are set by the Nova Scotia On-Site Sewage Disposal
Systems Regulations. Because of slopes, soil conditions, topographic
features, or development density, lots often have to be larger than
the minimum size in order to qualify for on-site sewage disposal.
The Provincial Subdivision Regulations allow lots to be created at any
size with comments from the Department of the Environment on
their suitability for on-site sewage disposal. Where there is a central
sewer system the minimum lot area will continue the standard
established by Subdivision regulations in previous years in order to
maintain the current y standard.
Instruments of Subdivision were previously permitted for lots 0.93
hectares and greater. As Council considered this form of subdivision
problematic and less accurate than a modern Plan of Subdivision
prepared by a professional Council increased the minimum lot size
to two hectares in 2008. This plan retains this minimum lot size
pending a review of the Subdivision By-law.
In all other respects, including provisions for undersized lots and
minimum frontage requirements, the Subdivision By-law follows the
provisions of the Provincial Subdivision Regulations in accordance
with Policy 14.1.1 above.
To carry out these intentions, Council adopts the following
policies:
Policy S-9
To require a minimum lot area and lot width for all new lots
served by a central sewage collection system, based on the
current standards in the Municipality.
Policy S-10
To require any new lots created by instrument of subdivision
(other than consolidation or additions) to have an area of at
least 2 hectares.
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8.3 Lot Access
The Provincial Subdivision Regulations require that lots must abut: a
public highway; a right-of-way at least twenty (20) m wide; or an
existing right-of-way which has been previously listed on a schedule
in the Subdivision Regulations (Schedule `B'). There is also a
provision for lots on an island and a provision for one division of any
existing lot without any specific access requirement. Although Policy
S-11 expresses Council's acceptance of this general arrangement,
there are two road issues of particular concern to Council: Municipal
Public Highways and private roads.
Although Council does not wish to restrict the creation of Public
Highways which are owned and maintained by the Municipality,
Council has adopted, as a Schedule to the Subdivision By-law, design
and construction standards for new Municipal Public Highways.
Where there are older existing roads which pre-date the Subdivision
By-law, Council will consider accepting such roads as Municipal
Public Highways provided that the roadbed and road drainage
system are adequate for the expected traffic loads, despite any minor
deviations from the standards set out in the Subdivision By-Law.
Private roads are sometimes a problem to maintain. The greater the
number of lots using the roadbed, the greater the problem, with
increased traffic and increased numbers of people who must be
persuaded to share the maintenance costs. These problems are
sometimes solved through the Private Street Improvement &
Maintenance By-law. This allows the Municipality, upon petition by
land owners, to build the road to the required standard and recover
the costs from the landowners by means of an area rate.
In many cases, the original road constructed by the subdivider has
proven to be inadequate for reasonable maintenance and for vehicle
access, especially emergency vehicles. In order to protect the
interests of lot owners, Council will require the subdivider to
construct all private and public roads to the appropriate Municipal
Standard.
Since the Provincial Subdivision Regulations (prior to the effective
date of the Subdivision By-Law) allowed unlimited numbers of lots
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on a right-of-way twenty (20) m wide with no consideration of road
grades or the horizontal alignment of the road, Council's policy on
requiring road design is going to cause difficulties for some
subdividers who did not consider road design in laying out some
existing subdivisions. Council will provide some relief for these
situations by allowing subdivisions using these older rights-of-way
provided the total number of lots using any such pre-existing twenty
(20) m wide right-of-way is small.
Council is also aware of difficult situations in which large tracts of
land cannot be subdivided under the Provincial Subdivision
Regulations because of inadequate access, with no reasonably
feasible way to provide a twenty (20) m-wide right-of-way, much less
a designed road. Council is prepared to provide relief from the strict
access requirements where a division of property would resolve
problems of joint tenancy or tenancy-in-common.
To address these concerns, Council adopts the following policies:
Policy S-11
Where the Provincial Regulations enable lots to be approved
with frontage on a right-of-way twenty (20) m wide, and where
such rights-of-way give access to more than six (6) new lots
created through Subdivision approval, Council shall require such
rights-of way to be designed and constructed in accordance
with the Municipal Specifications as adopted by Council, in
order to facilitate construction of a Public Highway at any future
time.
The Subdivision By-law may exempt such roads from the paving
requirements of the Municipal Specifications.
Policy S-12
Council shall require standards for design and construction of
Municipal Public Highways to be included in the Subdivision By-
law.
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Policy S-13
Council shall provide relief from the general requirements for
access by allowing the division of lots, which are owned and
have been so owned prior to 1 January 2000 by joint tenants or
by tenants-in-common, into as many lots as there are owners
without regard to the access from the lots to the Public Highway
network.
Policy S-14
Council shall provide relief from the requirements for a
designed and constructed road set out in Policy S-11 by
allowing a maximum of six (6) lots to be approved under the
Subdivision By-law after 1 January 2000 with frontage on a
twenty (20) m-wide right-of-way which was created under the
Provincial Subdivision Regulations prior to 1 January 2000.
Policy S-15
Council shall provide relief from the requirements for a
designed and constructed road set out in Policy S-11 by
allowing the subdivision of land on an island which is not served
either by a public street, provided each lot either has water
frontage of six (6) m or more or has access to the water by
means of a right-of-way of no less than six (6) m in width.
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8.4 Sewer Services
Other than allowing the division of lots in serviced areas, the
Provincial Subdivision Regulations are silent about central sewer
systems. These services are the responsibility of Municipal
Government, and Council has a number of concerns as a result of
experience.
The Municipality owns and operates central sewer systems and
sewage treatment plants in Chester Village, Western Shore, New
Ross, Chester Basin, Mill Cove and Chester Acres Subdivision (Otter
Point) in East Chester.
Past experience with privately-owned central sewer systems has
convinced Council that these systems often cause significant
maintenance problems for lot owners, especially if the construction
and design of the system is inadequate. Council will agree to the
construction of new central sewer systems only if such systems are
constructed to a standard suitable for maintenance by the
Municipality. These systems will be conveyed to the Municipality
before subdivision approval is granted for any lots serviced by the
central sewer system. Alternatively, Council may enter into an
agreement with the developer, which guarantees construction of the
system, and subdivision approval may be granted before
construction provided that the agreement is backed by an
appropriate bond or other security.
A central system is any system accepting sewage from two or more
lots.
To address these concerns, Council adopts the following policies:
Policy S-16
Council shall enable the subdivision of land into lots serviced by
any central sewer system owned and operated by the
Municipality.
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Policy S-17
Council shall require new sewer systems which accept sewage
from four or more lots to be constructed to a standard suitable
for maintenance by the Municipality and to be conveyed to the
Municipality prior to subdivision approval for any lots served by
such systems, except as explained in Policy S-18 below.
Policy S-18
Council shall enable the subdivision of land into lots which are
to be serviced by a central sewer system where:
a) the developer has entered into an agreement which is
satisfactory to Council; and
b) the developer has posted a performance bond or other
security as specified in the Subdivision By-law;
c) the agreement provides that the developer may receive
subdivision approval for lots after posting the security, but
prior to construction of the proposed sewer system;
d) the agreement provides for conveyance of the proposed
system to the Municipality.
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8.5 Water Services
As with sewer services, delivery of central water services is a
Municipal responsibility. The Municipality does not own or operate
a central water supply. Dug wells and drilled wells on individual lots
are the standard source of drinking water in the Municipality.
Due to chronic water problems in the Village of Chester, Council has
commissioned studies, the first conducted in 1967, to look at options
for a central water system to serve the Village. This work has been
reviewed and updated through additional engineering work in the
1980’s and further studies and work continued through the 1990’s
and 2000’s. These studies identified Spectacle Lake as the most
feasible water source. In 1992 the Spectacle Lake watershed received
zoning and land use controls designed to protect and maintain this
potential water source for future use. The protected land around
Spectacle Lake, previously included as part of the Chester Village
Planning Area is now regulated by this plan.
In 2019 Council undertook a survey of Village residents to determine
the level of support for pursuing a central water system for the
Village of Chester. Given the mixed results of the survey and concerns
relating to overall cost, Council has reassessed its approach to water
service in Chester Village. The Municipality is currently developing a
Water Strategy for the entire Municipality to address issues and
concerns around water supply, quality and monitoring. This strategy
will be broad in nature and consider multiple alternative approaches
that are beyond the scope of a Municipally owned system. This
strategy and Land Use By-law maintain a protected water supply area
around Spectacle Lake and Council may apply similar zoning to other
potential water sources, for use in a central water supply system.
If a private owner wishes to service new lots with a central water
system, Municipal Council is not prepared to assume any immediate
responsibility for maintenance but will require the system to be built
to a standard suitable for maintenance by the Municipality, in order
to make municipal operation of the system possible at some future
time.
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Central water systems serving three (3) lots or fewer are regarded by
Council as a purely private matter and Council will not set
construction standards for such small arrangements.
In view of these possibilities, Council adopts the following
policies:
Policy S-19
Council shall enable the subdivision of land into lots that are to
be serviced by a water system which is not owned or operated
by the Municipality, provided that any system serving four (4) or
more lots is constructed to a standard suitable for maintenance
by the Municipality, as specified in the Subdivision By-law.
Policy S-20
Council shall assume ownership, operation, and maintenance
responsibility for any central water system only where the
system has been constructed to the standard specified in the
Subdivision By-law and an area rate has been set to cover the
maintenance and operation costs.
Policy S-21
Council shall permit the subdivision of land into lots which are
to be serviced by on-site wells.
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8.6 Open Space
When multiple properties are subdivided, land for public purposes is
transferred to the Municipality for parks and public spaces. The
Subdivision By-law sets out the standards for land and the process
to acquire that land.
The need for a municipal fund to assist in the development of public
recreation facilities and to acquire land for recreation purposes was
first identified in the early 1990s. This need was particularly felt in
conjunction with large subdivisions and in circumstances where
access to waterways was desired.
As provided for by the Municipal Government Act, Council will
therefore require a subdivider to contribute useable land, that is, land
suitable for recreation purposes, for park, playground and similar
public purposes to a maximum of 5% of the subdivided area. Council
may also accept a percentage of the assessed value of the new lots
in lieu of deeded land.
Because Council is not prepared to impose this requirement on any
division of land which does not create a new lot, Council will waive
the Public Open Space contribution in the case of boundary
adjustments and consolidations which do not create any additional
lots.
The Municipal Government Act gives the subdivider the choice of
contributing cash or land. Where a subdivided area contains lands
with special features which should be under Municipal ownership
Council may wish to purchase those lands and can use money from
the accumulated Public Open Space fund for these purchases.
Council adopts the following policy for acquiring land for public
purposes:
Policy S-22
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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Policy S-23
Council shall require subdividers to transfer to the Municipality
either:
a) an area of useable land for trails, park, playground and
similar public purposes, in the amount of not less than five
percent of the area shown on the final plan of subdivision,
not including streets, roads, or the residue of land owned
by the subdivider; or
b) cash in the amount of not less than five percent of the
assessed value of the new lots created; or
c) some combination of cash, land, services or other
contribution in kind that is equivalent to five percent of
the total value of the land.
Policy S-24
If the land being subdivided has frontage on the ocean, a river
or a lake, Council may require that any land transferred under
Policy S-23 includes land with frontage on the ocean, river or
lake or land to provide public access to the ocean, river or lake.
Policy S-25
Council shall waive the requirements of Policy S-23 where:
a) no new vacant lots are created except the remainder lot;
or
b) the approval is for the consolidation of lots; or
c) lot boundaries are being altered and no new vacant lots
are being created;
d) the subdivision creates a maximum of three lots from any
area of land as it existed on 1 June 2007, but this waiver
shall not apply where the lots are part of a more extensive
subdivision shown on an approved concept or tentative
plan of subdivision.
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Policy S-26
Council shall consider purchasing for Public Open Space within
a subdivision, those lands which have unique and special value
because of:
a) historical significance;
b) archaeological significance;
c) views;
d) access to coastal or inland waters; or
e) other outstanding attributes.
Policy S-27
Council shall define, in the Subdivision By-law, "useable land" by
means of minimum requirements and evaluation procedures so
as to ensure the conveyance under Policy S-23 of land which is
suited to recreation purposes.
Policy S-28
Council shall consider accepting an area of useable land
conforming to the requirement of Policy S-23 and Policy S 27
outside of the area being subdivided and within the boundaries
of the Municipality.
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SECTION 9:
IMPLEMENTATION
&
ADMINISTRATION
CONTENTS:
Public Participation ......................... 9.1
Development Officer...................... 9.2
Development Permits .................... 9.3
Variances ............................................ 9.4
Non-Conforming ............................. 9.5
Site Plan Approval ........................... 9.6
Development Agreements........... 9.7
Amendments..................................... 9.8
Reviewing the Municipal Planning
Strategy ............................................... 9.9
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9.0 IMPLEMENTATION & ADMINISTRATION
This Municipal Planning Strategy is adopted under the Municipal
Government Act. It applies to all areas of the Municipality and
expresses the intentions and policies of Council. Council is not
obligated to undertake any of the identified projects 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-law 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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9.1 Public Participation
Public input on planning issues is needed to create good plans and
build trust between residents and government. 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 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:
Policy A-1
All public participation processes shall follow the Municipality’s
Public Participation Policy and shall meet or exceed the
requirements of the Municipal Government Act.
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Policy A-2
The public participation processes shall focus on the following
principles:
a) Providing clear information;
b) Using a variety of formats;
c) Giving timely notice;
d) Gathering meaningful feedback.
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9.2 Development Officer
The Land Use Bylaw and Subdivision Bylaw are the principal means
to implement this Planning Strategy. A Development Officer is
appointed by Council in order to administer these by-laws and
process development applications. Depending on the type of
application, the decisions of the 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, the following statutory requirements shall be met:
Policy A-3
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 development permits.
Policy A-4
Council may appoint others to act on the Development Officer’s
behalf.
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9.3 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:
Policy A-5
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.
Policy A-6
Development permits issued under the Land Use By-law shall
describe the development, and shall specify a period after which
the permit shall expire.
Policy A-7
The Land Use By-law may identify specific uses for which
Temporary or Conditional Development Permits may be issued
and shall establish time periods for such permits.
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9.4 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
the nature of the 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:
Policy A-8
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.
Policy A-9
The Development Officer may grant variances of up to 25% of
the required minimum or maximum for:
a) the number of parking spaces;
b) the number of loading spaces;
c) percentage of land that may be built upon;
d) 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;
h) the height and area of a sign.
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Policy A-10
When granting a variance, the Development Office shall be
satisfied that:
a) the variance carries out the intent of the Municipal
Planning Strategy;
b) the variance is not due to a difficulty that is general to the
properties in the area;
c) the variance is not due to an intentional disregard for the
requirements of the Land Use By-law.
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9.5 Non-Conforming Uses and Structures
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 or those that predate
planning regulations entirely. 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 uses
and structures:
Policy A-11
The Municipality shall administer non-conforming uses as
provided for in the Municipal Government Act.
Policy A-12
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.
Policy A-13
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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Policy A-14
The Municipality shall permit a non-conforming use to continue
to operate and to recommence the use, so long as the use has
not been discontinued for a continuous period of twelve
months.
9.6 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 area.
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:
Policy A-15
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 on-site 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 treatment of environmentally sensitive areas, including
watercourses water bodies, and wetlands;
g) the location and surfacing of walkways;
h) the location and type of outdoor lighting;
i) the location of solid waste storage facilities;
j) the location of easements;
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k) the grading or alteration of land levels, including
stormwater management;
l) the type, location, number and size of signs;
m) provisions for maintenance of any of the above standards.
Policy A-16
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.
Policy A-17
The site plan notification, approval and appeal process shall
follow the requirements of the Municipal Government Act, as
well as the Public Participation Policy.
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9.7 Development Agreements
Development agreements are a tool that allow Council to negotiate
with a Developer, resulting in a specific project being developed on
a particular piece of land. A development agreement provides
flexibility for the Developer, beyond the As-of-Right Development
outlined in the Land Use By-law. Development agreements allow
Council to regulate aspects of development not otherwise possible
through a Land Use By-law such as hours of operation, maintenance
schedules, grading and contouring of the lot and security or
performance bonding. The circumstances under which a
development agreement can be applied for are outlined in the Land
Use By-law and are used in situations where Council desires
increased oversight or public engagement for a specific type, size or
nature of development. 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 Planning Strategy describes the zones
and Planning Areas in which development agreements can be
considered, and the types of development that would apply. While
development agreements offer more flexibility in approving
developments, Council must ensure that all relevant policies are
satisfied, and the intent of this Planning Strategy is met prior to
approving a development agreement.
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.
9.7.1 General Development Agreement Policies
Council adopts the following policies for all Development
Agreements:
Policy A-18
Developments approved by development agreement shall meet
environmental standards required under site plan approval.
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Specifically, developments shall meet or exceed Stormwater
Standards found in the Land Use By-law.
Policy A-19
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, water bodies or
wetlands on or near the site;
n) existing and proposed drainage patterns, including any
stormwater management measures;
o) any proposed phasing of the development.
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Policy A-20
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.
Policy A-21
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 local facilities;
f) a lack of street connections, sidewalks, paved shoulders,
walkways or footpaths;
g) a poor supply of on-site water for domestic uses or for
firefighting;
h) inadequate separations from watercourses, water bodies
or wetlands from the ocean shoreline; or
i) proximity to places of known or potential archaeological
significance as indicated by the Province.
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Policy A-22
Council may require applicants to submit additional information
to address issues that Council considers to be pertinent to the
development process.
Policy A-23
Developments that require a development agreement shall:
a) maintain a vegetated setback between all main structures
and any watercourses or water bodies; including
(i) maintenance of a vegetated buffer of twenty (20) m
in depth from the mean high water mark of a
watercourse or water body;
(ii) retention, replanting and maintenance of the
vegetated buffer, in tree cover and understory
vegetation to at least 75% of the linear water body
frontage of the buffer, and not as a maintained,
mowed lawn;
(iii) allowance of a 3.5 m-wide opening in the
vegetated buffer for access to watercourses and
water bodies by means of docks, decks and
pathways;
(iv) allowance of minor accessory structures shall be
permitted within the vegetative buffer so identified.
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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9.7.2 Commercial, Industrial, Institutional
Development Agreements
In addition to the policies of Section 9.7.1., Council adopts the
following policies:
Policy A-24
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) for large-scale wind generation facilities:
(i) the sound level generated by the installation shall
not exceed the ambient sound level by more than
30dB(a) measured to the nearest property line,
under any normal operating condition, and any
application for a development agreement must
include sufficient information to determine that the
installation meets this standard;
(ii) there shall be no illumination.
d) 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;
e) all structures use durable building material, so their
appearance complements the established character;
f) all necessary permits have been issued or Council is
satisfied that the required permits will be issued;
g) development shall not increase traffic volume so as to
have an undue negative effect on properties served by a
residential street;
h) the applicant demonstrates that the development can be
appropriately serviced in a cost-effective manner;
i) a satisfactory parking calculation has been stipulated;
j) 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
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k) 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.
9.7.3 Residential Development Agreements
In addition to the policies of 9.7.1, Council adopts the following
policies:
Policy A-25
When considering residential developments, in addition to
considering all general policies for development agreements,
Council shall be satisfied that:
a) the development is not located on a site subject to undue
nuisances or a degraded living environment caused by
existing land use activities;
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;
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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.
9.7.4 Waterfront Public Access Development
Agreements
In addition to the policies of 9.7.1, Council adopts the following
policies:
Policy A-26
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 regard 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
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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 addressed the concerns that
were raised during the public participation program.
9.7.5 Neighbourhood Comprehensive Development
District Development Agreements
In addition to the policies of 9.7.1, 9.7.2 & 9.7.3 as applicable,
Council adopts the following policies:
Policy A-27
Before entering into a Development Agreement within the
NCDD Zone, Council shall be satisfied of the following:
a) that the Development Agreement includes provisions
regulating the maximum density, unit mix, period of
construction and the type, size and scale of appropriate
ancillary Commercial, Institutional or Light Industrial uses;
b) that projects proceeding without subdivision approval, or
those which are exempt from Part 11 Public Open Space
of the Subdivision By-law shall provide appropriately
scaled recreational opportunities generally in keeping with
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the Subdivision By-law. For greater clarity, these lands are
not required to be deeded to the Municipality and Council
shall also have greater ability to consider assets and
physical site improvements as contributions to the overall
value of the recreational space;
c) the project shall not generate emissions such as noise,
dust, radiation, odours, liquids or light to the air, water, or
ground so as to create a recognized health or safety
hazard, and that the impact of such emissions on the
development potential and value of properties in the
vicinity has been minimized;
d) subject to the physical characteristics of the site, any
commercial, institutional or industrial use shall achieve
optimum separation from adjacent properties which are
not in commercial or industrial use, and screening in the
form of fences, vegetation, or berms as appropriate shall
be constructed or installed to minimize impact on the
abutting uses;
e) any residential building is located on a site that is not
subject to nuisances or a degraded living environment
caused by existing land use activities;
f) the site shall be landscaped with trees, shrubs, lawns,
fences, and hard surfaced walkways, as necessary to create
a residential living environment;
g) sufficient parking and adequate safe access to parking lots
shall be provided for residents and guests;
h) all areas intended for vehicular traffic shall be surfaced
with materials that remain stable and prevent dust during
all seasons and shall allow for adequate drainage and
snow removal;
i) the proposal is not premature or inappropriate due to the
creation or worsening of a pollution problem including
soil erosion and siltation;
j) the proposal is not premature or inappropriate due to the
adequacy of storm drainage and effects of alteration to
drainage patterns including potential for creation of a
flooding problem;
k) the proposal is not premature or inappropriate due to
adequacy of street networks, on-site traffic circulation and
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site access regarding congestion, traffic hazards and
emergency access, including fire vehicles;
l) all other matters of planning concern have been addressed.
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9.8 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 this 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:
Policy A-27
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.
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9.8.1 Land Use By-law Amendments
In addition to the policies above, Council adopts the following
policies for amending the Land Use By-law:
Policy A-28
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.
Policy A-29
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.
Policy A-30
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;
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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 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, water bodies or
wetlands;
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 support the intent of
this strategy; and
p) the financial ability of the Municipality to absorb any costs
relating to the amendment.
9.8.2 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.
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These amendments should not be entered into lightly, and they
require strong public engagement.
Council adopts the following policy on Municipal Planning
Strategy amendments:
Policy A-31
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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9.9 Reviewing the Municipal Planning
Strategy
This Planning Strategy is intended to be easy to use the while being
a long-term planning framework designed to meet the needs of
residents and property owners in the Municipality over the coming
decades. 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
residents, property owners and Council.
Council adopts the following policies on review of the Municipal
Planning Strategy:
Policy A-32
A brief “housekeeping” review of this Plan and accompanying
Land Use By-law shall occur one to two years after
implementation to ensure that these documents reflect the
intent of the Planning Strategy.
Policy A-33
Council shall require regular reviews of this plan and subsequent
amendments, such that the Planning Strategy is reviewed as
required by the Municipal Government Act; and otherwise when
so requested by Council.
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SECTION 10:
ONGOING &
FUTURE PROJECTS
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10.0 ONGOING & FUTURE PROJECTS
Through the articulation of planning policies, this Planning Strategy
expresses the will of Council following extensive consultation with
residents and property owners. 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
within the Municipality. Council’s actions may be as simple as
producing a promotional brochure or partnering with a local interest
group or government agency on a multi-year program.
Pursuant to this Planning Strategy, the following future projects are
recommended:
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 local and advocacy organizations; Policy L-18)
Heritage designation and recognition (Policies L-24, L-26)
Stormwater management information program (Policy E-7)
Coastal Hazard Risk Map (Policy E-28)
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SECTION 11:
HISTORY OF
MUNICIPAL
PLANNING
CONTENTS:
Planning Strategies and
Land Use By-laws ................. 11.1
Subdivision Control ............. 11.2
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11.0 HISTORY OF MUNICIPAL PLANNING
11.1 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 municipal wide
planning in the mid-1970s, 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 2019. Council only applied more restrictive
zoning than was stipulated in the General Basic Zone if specifically
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requested by the residents and property owners within a definable
area.
This Municipal Planning Strategy was adopted on Date XX 2018, after
a multi-year Plan Review, which ran from 2014 to 2019. 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 2014-2019 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, December 2015, and October
2016.
background reports for Plan Review, which were completed in
2014 and 2015.
engagement report to Municipal Council following the third
round of public consultation, prepared by staff and dated 7
July 2018.
meeting minutes and agenda packages from the Citizens
Planning Advisory Committee, which directed the Plan Review
process between November 2014 and Month/Year.
11.2 Subdivision Control
The Minister of Municipal Affairs first prescribed Subdivision
Regulations for Chester Municipality on 5 March 1975. From that
time onward, 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
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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 Planning
Commission resulting from the Services Exchange, this project
proceeded slowly. A Subdivision By-law was adopted in 2000.