Municipal Planning Strategy — Draft for Public Engagement (V1, April 23 2025)
Berwick, Nova Scotia
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
Draft for Public Engagement - V1
April 23rd, 2025
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
TABLE OF CONTENTS
1 INTRODUCTION ........................................................................................................................................ 2
1.1 PREFACE ............................................................................................................................................... 2
1.2 PURPOSE ............................................................................................................................................... 2
1.3 REVIEW PROCESS ............................................................................................................................... 3
2 COMMUNITY CONTEXT AND VISION ..................................................................................................... 4
2.1 CURRENT DEMOGRAPHIC CONTEXT ................................................................................................ 4
2.1.1 Population Pyramid .............................................................................................................................. 5
2.1.2 Population Projection ........................................................................................................................... 6
2.2 HOUSING NEEDS ASSESSMENT ........................................................................................................ 6
2.3 COMMUNITY OUTLOOK ....................................................................................................................... 7
2.3.1 Berwick Vision Statement and Guiding Principles ............................................................................... 7
2.4 STATEMENTS OF PROVINCIAL INTEREST ........................................................................................ 9
2.4.1 Drinking Water ..................................................................................................................................... 9
2.4.2 Flood Risk Areas .................................................................................................................................. 9
2.4.3 Agricultural Land .................................................................................................................................. 9
2.4.4 Infrastructure ...................................................................................................................................... 10
2.4.5 Housing .............................................................................................................................................. 10
2.5 DEVELOPMENT AND LAND USE CONTROL PRINCIPLES .............................................................. 10
2.5.1 Environmental Principles ................................................................................................................... 10
2.5.2 Residential Principles ......................................................................................................................... 11
2.5.3 Commercial Principles ....................................................................................................................... 11
2.5.4 Future Residential .............................................................................................................................. 11
2.5.5 Agricultural Principles......................................................................................................................... 11
2.5.6 Institutional Principles ........................................................................................................................ 12
3 ENVIRONMENTAL DESIGN POLICIES ................................................................................................. 13
3.1 GROWTH MANAGEMENT ................................................................................................................... 13
3.1.1 Environment ....................................................................................................................................... 13
3.1.2 Watercourse Buffers .......................................................................................................................... 13
3.1.3 Floodplains ......................................................................................................................................... 14
3.1.4 Renewable Energy ............................................................................................................................. 14
3.1.5 Developing the Core .......................................................................................................................... 15
3.1.6 Housing .............................................................................................................................................. 15
3.1.7 Streets ................................................................................................................................................ 15
3.1.8 Parking and Loading .......................................................................................................................... 17
3.1.9 Active Transportation ......................................................................................................................... 18
3.1.10 Public Transit ................................................................................................................................... 18
3.2 MUNICIPAL INFRASTRUCTURE POLICIES ....................................................................................... 18
3.2.1 Central Services Policies ................................................................................................................... 19
3.2.2 Environmental Policies ....................................................................................................................... 20
3.2.3 Environmental Designation ................................................................................................................ 20
3.2.4 Recreation and Open Space Policies ................................................................................................ 20
3.2.5 Conservation Policies......................................................................................................................... 21
3.2.6 Rezoning within the Environmental Designation ............................................................................... 21
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
3.2.7 Renewable Energy ............................................................................................................................. 21
4 DEVELOPMENT DESIGNATIONS ......................................................................................................... 22
4.1 RESIDENTIAL DEVELOPMENT POLICIES......................................................................................... 22
4.1.1 Residential Designation ..................................................................................................................... 22
4.1.2 Rezoning within the Residential Designation ..................................................................................... 25
4.1.3 Residential Comprehensive Developments ....................................................................................... 26
4.1.4 Home Occupations ............................................................................................................................. 28
4.1.5 Land-Lease Communities .................................................................................................................. 28
4.1.6 Residential Care Facilities ................................................................................................................. 29
4.1.7 Future Residential Designation .......................................................................................................... 29
4.1.8 Rezoning within the Future Residential Designation ......................................................................... 30
4.2 COMMERCIAL DEVELOPMENT POLICIES ........................................................................................ 30
4.2.1 General Commercial Development Policies ...................................................................................... 31
4.2.2 Commercial Designation .................................................................................................................... 31
4.2.3 Northern Gateway Area Policies ........................................................................................................ 33
4.2.4 Rezoning ............................................................................................................................................ 34
4.3 GENERAL POLICIES ........................................................................................................................... 35
4.3.1 Agricultural Use Policies .................................................................................................................... 35
4.3.2 Institutional Use Policies .................................................................................................................... 36
5 IMPLEMENTATION AND REVIEW ......................................................................................................... 37
5.1 ADMINISTRATION ............................................................................................................................... 37
5.1.1 Context ............................................................................................................................................... 37
5.1.2 Document Administration ................................................................................................................... 37
5.1.3 Policy Statements .............................................................................................................................. 37
5.1.4 Language ........................................................................................................................................... 38
5.1.5 Generalized Future Land Use Map .................................................................................................... 38
5.1.6 Effective Date ..................................................................................................................................... 38
5.2 LAND USE BY-LAW AND SUBDIVISION BY-LAW ............................................................................. 38
5.2.1 By-Law Adoption ................................................................................................................................ 38
5.2.2 Variances ........................................................................................................................................... 39
5.2.3 Amending the Land Use By-Law ....................................................................................................... 39
5.2.4 Development Agreements ................................................................................................................. 40
5.2.5 Adopting and Amending Development Agreements .......................................................................... 41
5.2.6 Legacy Development Agreements ..................................................................................................... 42
5.3 SITE PLAN APPROVAL ....................................................................................................................... 42
5.4 AMENDING THE LAND USE BY-LAW & ADOPTING DEVELOPMENT AGREEMENTS .................. 43
5.4.2 Notification to Amend the Land Use Bylaw or Adopt a Development Agreement ............................. 45
5.5 MONITORING, REVIEWING, AND UPDATING THIS PLAN ............................................................... 45
5.5.1 Plan Updates ...................................................................................................................................... 45
5.6 FEES 46
5.6.1 Levying of Fees .................................................................................................................................. 46
5.7 PUBLIC PARTICIPATION AND ENGAGEMENT WITH NEIGHBOURING MUNICIPALITIES ............ 46
5.8 NON-CONFORMING USES, STRUCTURE, AND USES WITHIN STRUCTURES ............................. 46
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
This document was prepared by Brighter Community Planning & Consulting for the Town of
Berwick. We would like to thank those who contributed their time, energy, knowledge, and
resources to undertake this review.
Indigenous Land Acknowledgement
The Town of Berwick is located in Mi'kma'ki. The Town and all the peoples who reside and
visit here are the beneficiaries of the living Peace and Friendship Treaties, which were signed
between the British, the Mi'kmaq, the Maliseet, and the Passamaquoddy. These treaties hold
the ongoing shared responsibility to respect, cooperate, and coexist with each other and the
land. The Town extends to the Mi'kmaw people the respect and desire to build a stronger
relationship in the spirit and intention of these treaties.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
1 Introduction
1.1 PREFACE
This document is the official Municipal Planning Strategy (the Plan) of the Town of Berwick.
This Plan replaces the previous Municipal Planning Strategy adopted by the Town in October
2012. Between 2012 and the adoption of the Plan, the Town approved a variety of changes
to keep current with development trends and to respond to numerous development proposals,
which were otherwise not contemplated at the time the Plan was originally prepared. While
the Plan served the community well during the time it was in effect, the preparation of this
new Plan is an opportunity to guide growth and development to reflect and respond to the
current challenges and opportunities facing the Town.
This Plan is intended to be a living document and it is
anticipated that, like the Plan that it replaced, changes
will be identified, which will be incorporated as growth
and development occur. Council will review this Plan
within 10 years of its adoption to ensure the Town can
respond to changing development pressures, needs,
and opportunities. The document is written to be
readily understood by Council and members of the
public, to be appropriate for the needs of the
community with respect to directing growth through
planning policies and related development control
provisions contained in the accompanying Land Use By-
law, and to be flexible and adaptable to changing
circumstances.
This Municipal Planning Strategy and the Land Use By-law have been prepared in accordance
with the enabling provisions of the Municipal Government Act.
1.2 PURPOSE
The purpose of this Municipal Planning Strategy (MPS) is to provide a clear and cohesive
framework for the development and growth of our town. Grounded in the values and
aspirations of our community, this document sets out the guiding principles, objectives, and
actionable initiatives that will shape the Town's progress while preserving its unique identity
and fostering sustainable development.
The Plan contains Council's policies to guide future development and use of land within the
Town. The Plan is primarily implemented through two other documents, the Land Use By-law
and the Subdivision By-law. The Land Use By-law establishes zoning and the other standards
and regulations by which development is approved. The Subdivision By-law establishes the
process for subdividing land and the standards for infrastructure, such as streets, sewer, and
stormwater, constructed through the process of subdivision.
All lands within the Town are categorized both with a land use designation and a land use
zone. Land use designations are a broad and general categorization of how land should be
used or developed. These designations typically encompass large areas and provide a high-
level vision for future land use. Land use designations guide long-term planning and can be
used to allocate resources, make infrastructure decisions, and set overall development goals
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
for a community. They are not legally binding on their own but provide the framework for
more specific zoning regulations.
A land use zone, often referred to simply as a "zoning district" or "zone," is a specific area
within a town that is subject to detailed land use regulations and restrictions. Zoning
regulations are enacted through the Land Use By-Law that governs how land in a particular
zone can be used, the types of buildings that can be constructed, their height and size,
setbacks, parking requirements, and more. Zones are legally binding and enforceable, and
they provide specific rules for property owners and developers regarding land use and
development within a particular area.
1.3 REVIEW PROCESS
In 2022, Town Council initiated a review of the 2012 Municipal Planning Strategy and Land
Use By-law. The Municipal Planning Strategy review process included discussion and analysis
by the Planning Advisory Committee of planning policies, development control issues,
community profile, demographic trends as well as assessments of infrastructure capacities
and opportunities for growth and redevelopment within the Town.
In May 2023 and March 2024, the Town hosted open house sessions to present and discuss
general directions for planning policy and land use controls. The Town held additional
consultation in 2025 to seek input from the public on residential policies and zoning. Key
planning topics, developed during the staff and council workshops, were further discussed at
the open houses. The topics at the open house included infrastructure, housing and growth,
economic development, environment and climate change, parks and trails, and quality of life.
These topics have been integrated as part of the principles and objectives in Section 3.2.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
2 Community Context and Vision
2.1 CURRENT DEMOGRAPHIC CONTEXT
A review of census and other data sources gives us an idea of the trends within our
community, which in turn shapes policies. This means looking at things like the ages of
residents, the types of housing available, and how many people have moved to or away from
town. The information helps plan for municipal services that match the different groups of
people who live in Berwick. It is a way of making sure everyone gets what they need and that
our community is fair and welcoming to everyone.
Prior to the COVID pandemic, many rural Nova Scotia communities were slowly losing
population. This trend reversed with the influx of migrants from other provinces and
immigrants from around the world looking to call Nova Scotia home. The Canada 2021 Census
data examined below captured a snapshot of our population just at the start of the pandemic.
Events since then have led towards a province-wide housing crisis and current Provincial
policies are looking to greatly increase the provincial population as a means of countering the
effects of an aging population. The Provincial Housing Needs Assessment for Berwick provides
additional analysis to inform policy decision-making in the Plan.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
2.1.1 POPULATION PYRAMID
Based on the 2021 Census, Berwick's population was 2,465 people, showing a slight decline
of about 2.2% compared to 2026. However, the Nova Scotia Department of Economics and
Statistics estimates Berwick's population as of July 2022 to be at 2,469 (a 5.6% increase from
2016).
Figure 1 depicts the population growth shape, demonstrating the characteristics of an aging
population. An ageing population is one where the proportion of older people is greater than
younger age groups. This can be the result of several factors including a longer life
expectancy, lower birth rates, and a lack of immigration/in-migration.
Figure 1. Population Pyramid of Berwick (Statistics Canada Census of Population 2021)
This high proportion of the working-age population towards the end of their working careers
(ages 50-65) suggests that the working-age population may decline in the future as many
individuals in this age range approach retirement. This demographic shift will have
implications for the labour force and the overall needs of the community. For municipalities
this creates challenges to ensure services, housing, and infrastructure are in place to support
aging in place as well being responsive to attract new residents and facilitate the recruitment
of key trades and professions.
-10.00%
-5.00%
0.00%
5.00%
10.00%
0-4 yrs
10-14 yrs
20-24 yrs
30-34 yrs
40-44 yrs
50-54 yrs
60-64 yrs
70-74 yrs
80-84 yrs
90-94 yrs
100+ yrs
Berwick Population 2021
Women%
Men%
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
Figure 2. Population Comparison for Between 2016 and 2021(Statistics Canada Census of Population 2016 & 2021)
2.1.2 POPULATION PROJECTION
Population projection analysis for small areas like the Town of Berwick can be challenging,
and it is important to note that projections do not account for all potential social, political, or
economic changes that may influence population trends. However, based on the available
Census data, the population of Berwick decreased by 2.2% between 2016 and 2021 (Figure
2). However, the census data does not capture the changes in population experienced since
COVID. In-migration from other provinces and increased immigration may offset the previous
trend of slow decline if there are appropriate housing options available.
These projections highlight the need to consider the implications of an aging population and
potential labour shortages in Berwick. The Plan will include strategies to address the change
in demographics, such as attracting new residents, promoting economic development,
creating the conditions to encourage a range of housing options, and ensuring the provision
of appropriate services for the aging population.
The Provincial Housing Needs Assessment completed in 2023 assumed a 7% increase in
population between 2022 to 2027 (2,670) and an 8% increase from 2027 to 2032 (2,890).
2.2 HOUSING NEEDS ASSESSMENT
The Provincial Housing Needs Assessment was completed for the Town of Berwick in late
2023. A housing needs assessment for a municipality serves to comprehensively gather data
and insights on the current and future housing requirements of its residents. It helps identify
housing gaps, informs policy and urban planning decisions, promotes equity and inclusivity in
housing options, forecasts future demand, aids in the development of affordable housing
strategies, and supports data-driven decision-making. This assessment is a vital tool for
municipalities to understand and address housing challenges, align housing policies with
community needs, and facilitate sustainable and inclusive development.
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
0-4 yrs
10-14 yrs
20-24 yrs
30-34 yrs
40-44 yrs
50-54 yrs
60-64 yrs
70-74 yrs
80-84 yrs
90-94 yrs
100+ yrs
Berwick 2016
Berwick 2021
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
The Province's report indicated a need for an additional 170 housing units over the period of
2022-2032. Given the Province's goal of doubling the provincial population by 2060, there
may be opportunities for growth beyond the report's projections.
2.3 COMMUNITY OUTLOOK
The goal of this Plan is to provide a planning and development framework that balances the
community's hopes for attracting new growth while respecting the existing character of the
Town.
The plan review process offers an opportunity to solidify and enhance the role and position of
the community of Berwick within the Valley region. The ability to encourage and
accommodate new growth and development in a balanced and responsible manner is a critical
objective of this Plan and the accompanying Land Use By-law.
2.3.1 BERWICK VISION STATEMENT AND GUIDING PRINCIPLES
Vision statements provide clarity and an aspirational blueprint for the future development of
a community. They define the collective goals and values that guide policy decisions, serving
as a touchstone for development and land-use planning. Vision statements help create a
shared understanding among stakeholders, including residents, government officials, and
developers, about the desired direction and character of our community. They inspire long-
term planning, inform the creation of specific policies and regulations, and ensure that
development aligns with the community's overarching objectives, such as sustainability,
inclusivity, economic growth, and quality of life. In essence, vision statements serve as a
compass, steering municipal planning efforts toward a common vision for a vibrant and
prosperous community.
VISION STATEMENT
"Berwick envisions itself as a vibrant and inclusive community where residents
of all ages thrive. We aspire to be a place where innovation, sustainability, and
a strong sense of belonging come together to create a high quality of life for
everyone. Our vision is to foster a safe, welcoming, and prosperous town that
honours its heritage while embracing the opportunities of the future."
The four goals are established to guide the Municipality.
GOAL 1 - RECOGNIZE OUR RELATIONSHIP WITH THE ENVIRONMENT
Berwick is a leader in sustainable development. We recognize that the relationship between
natural and built infrastructure needs to be managed thoughtfully to ensure the sustainability,
resilience, and well-being of both natural ecosystems and human societies. Our community
places a high value on energy innovation and environmental stewardship, actively pursuing
sustainable practices to protect our natural surroundings. We take pride in our entrepreneurial
spirit, fostering a culture that encourages innovative solutions for a greener future.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
GOAL 2 - CREATE A RANGE OF HOUSING OPPORTUNITIES
We recognize the importance of housing affordability and accessibility as essential
components of a thriving community. Berwick aims to develop neighbourhoods that
encompass a range of housing types, including affordable housing units, rental properties,
townhouses, and single homes. This diversity of housing options promotes inclusivity and
enables individuals and families from a variety of backgrounds and circumstances to find
housing that suits their needs.
GOAL 3 - RESPONSIBLE GROWTH
Berwick is committed to sustainable growth, ensuring that our infrastructure keeps pace with
the construction of new housing and commercial developments. We will provide a wide array
of community, cultural, and recreational opportunities for all residents and visitors while
responsibly managing our expansion. Decisions on development will be data driven, with
infrastructure and environmental studies being commissioned when necessary to help guide
our path forward.
GOAL 4 - ECONOMIC VIABILITY
Berwick recognizes the importance of its diverse commercial and industrial foundation and
aims to build upon it, creating an environment that supports and nurtures local businesses.
By doing so, we promote economic growth and ensure a reliable supply of goods and services
for our community and the broader region.
Vision statements are linked to policies in municipal planning by serving as a reference that
informs their development, implementation, and evaluation. They provide the overarching
objectives and aspirations that policies should aim to achieve, ensuring alignment with the
community's long-term goals. As such, policies are crafted to translate the vision into
actionable steps and regulations that shape land use, infrastructure, transportation, housing,
and other aspects of urban development
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
2.4 STATEMENTS OF PROVINCIAL INTEREST
The Province of Nova Scotia has adopted Statements of Provincial Interest relating to specific
land use issues: the protection of drinking water supplies; the efficient and responsible use
and extension of municipal infrastructure; the preservation of high-quality agricultural lands;
development within identified flood risk areas; and the provision of adequate housing. The
Municipal Government Act requires that the contents of a Municipal Planning Strategy be
generally consistent with these Statements of Provincial Interest. Each area of interest is
provided below with its stated goal and relevance for Berwick.
2.4.1 DRINKING WATER
Goal: To protect the quality of drinking water within municipal water supply watersheds.
The Town of Berwick does not currently have a municipal water supply and properties are
serviced by on-site wells. In 2023, there were 746 individual wells within Town. Residents
have expressed concern over water security in terms of both its future availability, with
climate change and increased development pressures, and the safety of groundwater. The
Town has initiated a series of studies to measure the availability and reliability of the water
supply. Development policies reflect the balance between achieving greater densities and
protecting the water availability of existing residents and businesses. The Plan also contains
provisions related to the identification and regulation of specific land uses which represent
potential risks to groundwater contamination.
2.4.2 FLOOD RISK AREAS
Goal: To protect public safety and property and to reduce the requirement for flood control
works and flood damage restoration in floodplains.
The Town does not contain any designated flood risk areas under the Canada-Nova Scotia
Flood Damage Reduction Program. However, the Cornwallis River does flow through the Town
and the Plan and Land Use By-law provide for development control provisions aimed at
mitigating the risk of damage due to flooding by development, which occurs in proximity to
the river's 100-year flood plain. Flood plain mapping should be revised periodically to reflect
current climate modelling. Provincial flood mapping will provide better information which can
be integrated into the Town's planning documents.
2.4.3 AGRICULTURAL LAND
Goal: To protect agricultural land for the development of a viable and sustainable agriculture
and food industry.
Being situated at the base of the Annapolis Valley, the Town has a history of agricultural
activity within the Town limits. With the presence of municipal wastewater treatment capacity
and its historic role as a regional growth centre, the Town anticipates that existing agricultural
uses will transition to more urban-type development and uses as the Town continues to grow.
Given the availability of agricultural resource lands outside of the Town boundary, this
transition of land use is considered appropriate. The ability to service new growth within the
Town can serve to limit the development pressure in the long run on existing agricultural
lands located outside but in close proximity to the Town.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
2.4.4 INFRASTRUCTURE
Goal: To make efficient use of municipal water supply and municipal wastewater disposal
systems.
The Town of Berwick does not currently have a municipal water supply with on-site wells
providing domestic water for residents and businesses. The Town's wastewater system has
capacity to accommodate growth based on the existing collection system, but peak flows
associated with rain events can stretch capacity of the piping, pump network, and lagoons.
All new developments are required to be serviced by the public wastewater system. Policies
will reflect the capacity of the wastewater system and factor in growth of the Town and the
implications in climate change to produce an increased frequency of peak flow events.
2.4.5 HOUSING
Goal: To provide housing opportunities to meet the needs of all Nova Scotians.
Berwick's existing housing stock is weighted towards single-unit dwellings. This Plan
encourages housing diversity and affordability by providing a range of zones with different
scales and densities of permitted dwellings. This is accomplished by facilitating higher density
development in the core area, and by streamlining the approval process for multi-unit
dwellings compared to past planning documents. This Plan also treats most types of group-
living arrangements in the same manner as any other dwelling of a similar scale.
2.5 DEVELOPMENT AND LAND USE CONTROL PRINCIPLES
In identifying specific planning policies and development control provisions contained in this
Plan and the Land Use By-law, the following high-level objectives have been established for
development within the Town.
2.5.1 ENVIRONMENTAL PRINCIPLES
To promote the development of active and passive recreation facilities and opportunities which
promote health and wellness for all citizens, and contribute to supporting strengthened civic
pride. The overall direction for development and programming of recreation and open space
facilities will be established through the Town's Recreation and Open Space Strategy. Policies
and By-law provisions will serve to clearly identify existing public facilities and regulate their
future use and development.
The Town contains lands which are environmentally sensitive. Any use or development of or
near these lands must consider and respond to environmental constraints. The interface
between natural and built spaces is particularly tenuous in areas that are prone to climate
change risks. Policies and regulations will reflect the need to ensure public safety as well as
the protection of waterbody habitats.
The protection of environmentally sensitive lands and the creation of parkland and open
spaces work together to safeguard the natural environment, preserving biodiversity and
mitigating the impacts of climate change by maintaining green buffers, wetlands, and wildlife
habitats. The protection of natural spaces can serve as recreational havens, enhancing the
quality of life for residents and promoting physical and mental well-being.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
2.5.2 RESIDENTIAL PRINCIPLES
To protect and maintain the character of existing residential areas while providing for new
residential growth through the utilization of underdeveloped areas and the expansion of
residential development to larger undeveloped properties. New residential development
should provide for a wide range of housing options to meet the varied needs of all Town
residents. To this end, development within residential areas should promote affordability,
choice, and options for accommodation, be respectful of the character of existing
neighbourhoods, and accommodate the need for growth.
To ensure that all new development is serviced by appropriate municipal infrastructure and
services and that both public and private investments in infrastructure upgrading or the
development of new infrastructure be managed in a coordinated, cost efficient, and
environmentally responsible manner. Policies specific to the Residential Designation are found
in Section 3.3.
2.5.3 COMMERCIAL PRINCIPLES
To promote, encourage, and enable the development of a diverse range of commercial and
industrial economic activities as a means of supporting the ongoing growth and prosperity of
the community.
In a focus on being welcoming and supportive of new economic development, the Plan and
By-law will include development control provisions necessary to allow encourage development
and new economic enterprise. Opportunities to promote and accommodate new commercial
and industrial growth will be focused on specific designated areas and care will be taken to
ensure that concerns relating to potential land use conflicts between adjacent residential and
business enterprise areas are considered. Council is also supportive of home-based
businesses and intends to permit them widely. An important topic for the Town in recent years
has been tourist accommodation. The Plan will seek to balance the pros and cons of short-
term rentals while encouraging the development of motels and hotels through the economic
development strategy.
The Town's "Northern Gateway Strategy" establishes design and land use objectives for both
public and private development aimed at creating a focal point highlighting cultural,
recreational, and entrepreneurial opportunities. This Plan encourages fulfillment of the
Gateway concept through encouraging mixed-use development and the integration of new
public amenities as a major component of redevelopment.
2.5.4 FUTURE RESIDENTIAL
Through the policies of this Plan, future residential areas will be planned to be well integrated
with Town services. The intent and focus of these policies will be on making the best use of
underdeveloped land, ensuring it serves its highest potential. This approach aims to create
neighbourhoods that meet the needs of current and future residents, making the Town a
better place to live and unlocking the potential of newly developed areas.
2.5.5 AGRICULTURAL PRINCIPLES
Council intends to preserve the ability of existing agricultural activities to continue and evolve.
However, Council also recognizes that Berwick is a service centre for the surrounding rural
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
agricultural areas, and it plays an important role in accommodating future residential,
commercial, and agricultural industries that are not well suited to being in the rural areas
surrounding Berwick. Berwick will play its part in preserving agriculture by providing the
locations for urban services to be established.
2.5.6 INSTITUTIONAL PRINCIPLES
To facilitate the development of a broad range of institutional uses, in particular, the
development of government and non-government community services, in a manner which is
consistent with the general community form. The re-use and redevelopment of existing
institutional uses within established residential areas is significant to the character of these
areas and, therefore, particular care should be taken when managing change. Institutional
uses are present throughout the Town; therefore, development control considerations for
institutional uses are incorporated into relevant sector policy areas.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
3 Environmental Design Policies
In the Town of Berwick, we acknowledge the vital connection between efficient service
delivery and the pursuit of sustainable growth that caters to the present and future needs of
our residents and those from outside Berwick who come to Berwick to meet their needs.
We recognize the pivotal role of quality public services, such as roads, wastewater, parks,
and protective services, in enhancing the well-being of our current residents. These policies
prioritize the enhancement of service accessibility and efficiency, ensuring that the current
generation enjoys an exceptional quality of life and accepting our responsibility toward future
generations.
Provincial Alignment: At the core of our Plan lies the alignment of our growth management
policies with the broader Statements of Provincial Interest. This ensures that our development
plans align with the overarching Provincial direction regarding environmental, social, and
economic policy.
3.1 GROWTH MANAGEMENT
Good planning is, in part, about directing growth with the goal of producing the best overall
outcome for the community. It is about using resources wisely and being strategic with where
investment is made in buildings and infrastructure. It is also about balancing density between
traditional low-density development with areas where greater density can be accommodated.
It is also important to preserve natural and open spaces, to maintain areas that reflect the
quiet small-town charm, and provide an opportunity for new development to adapt to a
changing population and economy.
3.1.1 ENVIRONMENT
Protecting the natural environment from degradation caused by human development is a key
aspect in managing the growth of the Town. In addition to this, it is also important to put
development in places where risks from the natural environment are low. This section includes
the policies intended to achieve these goals.
3.1.2 WATERCOURSE BUFFERS
The areas along watercourses and shorelines are often sensitive natural environments. They
provide unique habitats at the interface between land and water, and they are often easily
damaged and eroded. These areas also often present risks to development, due to things like
flooding, erosion, or steep slopes. Council believes these areas are generally not suitable for
development. Certain uses, such as parks and open spaces, may be able to be integrated and
afford residents and visitors opportunities to interact with the natural environment.
Policy 3.1
It shall be a policy of Council to, through the Land Use By-law, establish
buffers that limit development adjacent to watercourses.
Policy 3.2
It shall be a policy of Council to, through the Land Use By-law, enable
exceptions to watercourse buffers where the use is required to locate
adjacent to the water, or where the risks presented to and by the
development can be shown to be low. As new data is gathered and
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
identified, Council may adjust these regulations to reflect the most up to
date information.
3.1.3 FLOODPLAINS
Our recent experiences with extreme weather events help indicate the climate-related risks
that we must consider in our individual and collective assets. Flooding is a natural part of a
river's yearly cycle. However, the natural process of flooding can present risks for buildings
and infrastructure that are built within floodplains. From a planning perspective, it is prudent
to identify areas where flooding occurs, and avoid putting people and development in areas
at risk. The other reason to avoid development in flood areas is that it may reduce the ability
of the land to absorb water, such as tree clearing and paving, and can lead to increased
flooding elsewhere. Flood areas identified in the 2012 Municipal Planning Strategy will
continue to be observed until updated with new Provincial flood mapping. Council intends to
revisit and update the areas where flood protection restrictions are applied.
Policy 3.3
It shall be a policy of Council to, through the Land Use By-law, increase the
distance of watercourse buffers around waterbodies known to be at a high
risk of flooding that have not yet been subject to geomorphic floodplain
mapping, as data becomes available.
3.1.4 RENEWABLE ENERGY
Nova Scotia is moving towards a future where much of the province's electricity needs are
supplied by renewable energy, rather than non-renewable sources like coal and oil. The
Provincial Electricity Act requires 80 percent of Nova Scotia's electricity to come from
renewable sources--such as hydro, solar, wind, and tidal--by the year 2030. This will have
the benefit of reducing local air pollution, reducing our contribution to climate change, and
reducing our reliance on fuels imported from other countries.
Berwick has its own role to play, with the Berwick Electric Commission, as well as on a smaller
scale with the innovation of commercial-sale solar energy systems. Council recognizes the
importance of contributing to renewable energy and will look to facilitate its development
where possible.
As more people in Canada and Nova Scotia start using electric vehicles, there will be additional
opportunities to support the development of a charging station network for various purposes
and at different sizes. Currently, most electric vehicle charging stations are either a single
charger for the public or one at someone's home. However, in the future, it's possible that we
will l see commercial charging stations like gas stations become common. Because of this,
our Council supports the idea of treating commercial and non-commercial charging stations
differently and allowing them in separate places.
Policy 3.4
It shall be a policy of Council to, through the Land Use By-law, permit
commercial-scale solar collector systems in industrial and agricultural
zones.
Policy 3.5
It shall be a policy of Council to, through the Land Use By-law, permit non-
commercial electric vehicle charging stations as an accessory use in all
zones.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
Policy 3.6
It shall be a policy of Council to, through the Land Use By-law, permit the
development of commercial electric vehicle charging stations in the
Commercial General (C1) Zone, Commercial/Industrial Enterprise (C2)
Zone, and the Gateway Mixed Use (GMU1) Zone.
3.1.5 DEVELOPING THE CORE
While development will and should happen to various degrees throughout Berwick, Council
believes that new development should be prioritized in either the core downtown thoroughfare
on Commercial Street or, as conditions permit, in comprehensively planned new development.
This will help to use infrastructure efficiently, and to provide the critical mass of people to
sustain the businesses and the sense of community that already exists.
Policy 3.7
It shall be a policy of Council to, through the policies of this Plan and
through the Land Use By-law and Subdivision By-law, prioritize and
encourage new development to locate on or near Commercial Street and in
new areas through a comprehensive planning process.
Policy 3.8
It shall be a policy of Council to, through the policies of this Plan and
through the Land Use By-law and Subdivision By-law, support development
by reducing parking requirements.
3.1.6 HOUSING
As of 2021, the housing stock in Berwick was primarily single-detached dwellings. With the
recent trends of shrinking household sizes and an aging population, Council recognizes there
may be a demand for greater diversity in the types of housing available to Town residents.
Council wishes to ensure options are available for all incomes and stages of life. The Provincial
Housing Needs Assessment and/or subsequent studies will help support the development of
future housing policies for the Town.
Policy 3.9
It shall be a policy of Council to enable diversity in the form, scale, and
location of housing that is permitted in the Town.
Policy 3.10
It shall be a policy of Council to collaborate with other levels of
government, the developers, and community groups to actively pursue all
programs and policy options with the goal of ensuring housing availability
and reducing housing insecurity in Berwick.
Policy 3.11
It shall be the intention of Council, following additional study, to amend the
Land Use By-law and/or adopt administrative policies or by-laws as
necessary to implement inclusionary zoning.
3.1.7 STREETS
Berwick's street network includes all Town-owned and maintained streets and bridges, private
roads, lanes and associated sidewalk and crosswalk infrastructure. The Town relies on its
street network and associated transportation infrastructure to support high rates of through
and local traffic on a daily basis. To manage these transportation demands, Council has
established policies to help ensure the street network will continue to meet the community's
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
service needs, and that comprehensive planning for the expansion of the street network will
be completed to maximize the efficiency and benefits of the infrastructure.
Policy 3.12
It shall be the intention of Council to update and maintain Map 3 - Street
Classification, as defined in the Municipal Services Specification Manual of
the Town of Berwick, to identify the function and level of service required
for all Town streets.
Policy 3.13
It shall be the intention of Council to update and maintain Map 3 - Street
Classification to identify planned future collector and arterial streets.
Further, Council shall require that all future street extensions are
constructed in a manner that is consistent with the Map 3 - Street
Classification, the Subdivision By-Law and the Municipal Specifications.
Policy 3.14
It shall be the intention of Council to maintain and upgrade sidewalks and
pedestrian walkways within the Town, as necessary, to provide for safe and
convenient pedestrian movement.
Policy 3.15
It shall be the intention of Council to require developers to construct new
sidewalks and walkways, as set out in the Subdivision By-law and Municipal
Specifications, in order to provide pedestrians with continuous, integrated
sidewalks and walkways for access to public facilities, shopping areas and
residential neighbourhoods throughout the Town.
Policy 3.16
It shall be the intention of Council to require all new streets and extensions
to existing streets to be constructed to standards referred to in the Town's
Subdivision By-law and Municipal Specifications.
Policy 3.17
It shall be the intention of Council to require developers to construct
streets within new subdivisions in accordance with the street connectivity
standards referred to in the Subdivision By-law, to promote convenient,
efficient, and safe traffic patterns.
Policy 3.18
It shall be the intention of Council to prohibit the development of new cul-
de-sacs and dead ends, except where geographical or environmental
constraints require them, to improve traffic flow and walkability.
Policy 3.19
It shall be the intention of Council to limit the size of future residential
street blocks, in accordance with the Subdivision By-law and Municipal
Specifications, to promote efficient development patterns and a walkable,
permeating transportation network.
Policy 3.20
It shall be the intention of Council to encourage right-of-ways to be
reserved for arterial and collector streets, in accordance with Map 3 -
Street Classification, when land is being subdivided within the Town
pursuant to Section 271 of the Municipal Government Act. The location
shall be determined by the Town Engineer, in consultation with the
Planning Department, at the time of subdivision.
Policy 3.21
It shall be the intention of Council to improve the street connectivity of the
existing street network, where possible, as part of future capital projects
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
involving major road works, in accordance with Map 3 - Street
Classification.
Policy 3.22
Council shall adopt the following street classification system:
Policy 3.23
Collector Street - A public street that collects traffic from other streets and
discharges it onto other collectors or highways, such as Highway 101 or
Highway 1. Collector Streets include a wide range of uses, such as
commercial, higher density residential, institutional and mixed use. These
streets may have on street parking that service adjacent commercial or
residential uses.
a.
Major Local Street - A public street that often includes sidewalks on one
side that feeds traffic to the collector system. Major Local Streets may
contain bus routes and connects to Collector Streets. Major Local Streets
do not accommodate the same level of traffic as Collector Streets but
may include higher density residential uses or connect to industrial
areas.
b.
Local Street - A public street that provides access from properties and
directs traffic to Major Local Streets and usually have low traffic. Buses
and heavy vehicles are less expected on Local Streets
c.
Private Lane - A privately owned lane services groups of buildings or
dwellings that are often on the same property. Buildings on Private
Lanes often have their own civic numbers but the Lane is not publicly
owned and typically no municipal services are provided to the Lane.
Although these lanes have a have a "street name", usually for 911
purposes, they are not public streets.
3.1.8 PARKING AND LOADING
Council recognizes the vital role that efficient and fair parking plays in fostering community
development. A well-designed parking policy is crucial for ensuring accessibility, bolstering
economic vitality, and creating a sustainable and livable environment. We are committed to
striking a balance that meets the diverse needs of residents, businesses, and visitors while
simultaneously fostering vibrant, pedestrian-friendly urban spaces. Our town is dedicated to
promoting alternative transportation, reducing congestion, and lessening the environmental
impact of excessive vehicular traffic.
Policy 3.24
It shall be the intention of Council to establish minimum off-street
automobile parking requirements for all development permitted as-of-right,
in accordance with the Land Use By-law.
Policy 3.25
It shall be the intention of Council to ensure that all developments
permitted by site plan approval and development agreement include
provisions for adequate automobile parking to serve the development.
It shall be the intention of Council to establish reduced off-street minimum parking
requirements for residential development.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
3.1.9 ACTIVE TRANSPORTATION
Berwick's street network forms the backbone of a transportation system, supporting both
automobile use as well as active transportation. Active transportation (AT) refers to all human
powered modes of transportation, including walking, cycling, skate boarding, rollerblading,
skiing, and more. Active modes of transportation provide people with improved mobility, and
help strengthen the overall livability of a community due to the wealth of environmental,
health, social, and economic benefits that they provide. Council has established policies to
ensure that active transportation is integrated with new development and that efforts to
maximize the use of AT infrastructure are supported.
Policy 3.26
It shall be the intention of Council to encourage the development of
sidewalks and trails for nonmotorized modes of transportation as part of
the Town's Active Living Strategy and future Active Transportation Plan.
3.1.10 PUBLIC TRANSIT
Policy 3.27
It shall be the intention of Council to work with and support public transit
suppliers to enhance transit service through the expansion of routes and
increased frequency of service as well as addition of bus shelters and other
supporting infrastructure that will encourage transit ridership.
3.2 MUNICIPAL INFRASTRUCTURE POLICIES
Public infrastructure is a critical component in our communities and one of the main services
provided by all levels of government. How we design our infrastructure, and where we put it,
also influences how our communities ultimately look and feel. For example, wide streets with
no sidewalks have a very different feel and higher traffic speeds than narrow streets with
sidewalks and on-street parking.
Infrastructure and transportation also represent some of the largest costs for local
governments. Council believes the responsible use of tax dollars includes being strategic
about where infrastructure is developed, and how it is used. This section includes policies for
making those strategic decisions. The Town is committed to developing an asset management
plan to oversee the planning and budgeting for growth and maintenance of our key
infrastructure systems.
The Town's Asset Management Plan, when completed, will form the primary framework for
guiding the allocation of resources and setting priorities for the foreseeable future. This
comprehensive plan will provide a strategic roadmap for managing the town's assets
efficiently and effectively, considering their condition, lifecycle, and criticality. By outlining
clear priorities and investment strategies, the Asset Management Plan will direct the town's
decision-makers in making informed choices about asset maintenance, rehabilitation, and
replacement. It will ensure that limited resources are allocated to address the most critical
needs first, optimizing the town's infrastructure and services for the benefit of the community.
Policy 3.28
It shall be the intention of Council, through the creation of an Asset
Management Plan, to periodically reassess growth within the Town.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
3.2.1 CENTRAL SERVICES POLICIES
Central services in the form of wastewater and stormwater management are available in most
of Town. These public services allow for development that is denser and more "urban" than
would be possible if each lot was required to treat its own wastewater (e.g. through on-site
septic systems).
The infrastructure required to provide these services-- pipes, lift stations, and treatment
plant--represent a significant expense in terms of both initial construction costs, and in terms
of ongoing maintenance, operation, and depreciation (replacement costs). A critical mass of
customers is needed on each system to spread these costs around so that no one bears the
heavy burden of high utility rates. It is, therefore, significant to the financial sustainability of
this public infrastructure to encourage the efficient use of existing systems and to ensure any
new extensions are carefully considered.
Domestic water is currently not part of the existing central services; however, the Town is
studying the availability and reliability of groundwater.
Policy 3.29
It shall be the intention of Council to require that all development within
the Town front on a public street be serviced with municipal wastewater
services, where central services exist.
Policy 3.30
It shall be the intention of Council that a property owner be responsible for
the construction of all proposed extensions of municipal road, sanitary
sewer, storm sewer, and related infrastructure for the purposes of enabling
the development of private property and that all construction be in
conformity with the provisions of the Town Subdivision By-law and related
regulations and servicing specifications.
Policy 3.31
It shall be the intention of Council to undertake the necessary studies to
identify a strategic approach to upgrading existing municipal services and
the extension of new municipal services to lands within the Future
Residential Designation and, where appropriate, cooperate with the
property owners to coordinate the development of trunk wastewater, storm
water and public street infrastructure.
Policy 3.32
It shall be the intention of Council, through the Land Use By-law, permit
public utilities in all zones and shall exempt such uses from zone
requirements. For greater clarity, these exemptions shall only apply to the
utility infrastructure itself, and not related uses such as utility offices or
maintenance depots.
Policy 3.33
It shall be the policy of Council to monitor the ground water supply and
undertake the necessary studies to ensure sufficient potable water for all
residents and business.
Policy 3.34
Council may require ground water assessment studies to support higher
density development or rezonings to accommodate high water consumption
uses to ensure the viability of the water supply to the Town as a whole or
to adjacent property owners.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
3.2.2 ENVIRONMENTAL POLICIES
Climate change poses risks to our build environment and planning policies and regulations
need to mitigate these risks.
Considering the goals and objectives contained in the Plan and in particular the Environmental
principles and objectives identified in Section 3.1 the following policies are intended to
regulate the development of conservation lands as well as recreation and open space facilities
and uses within the Town.
3.2.3 ENVIRONMENTAL DESIGNATION
Policy 3.35
It shall be the intention of Council to adopt an Environmental Designation
on the Generalized Future Land Use Map (Schedule 6.1) to encourage the
development of active and passive recreation opportunities and protect
environmentally sensitive lands within this Designation.
Policy 3.36
It shall be the intention of Council to enable the following zones within the
Environmental Designation:
a.
Parks and Open Space (OS-1)
b.
Conservation (OS-2)
3.2.4 RECREATION AND OPEN SPACE POLICIES
Policy 3.37
It shall be the intention of Council to include in the Land Use By-law a
Recreation and Open Space (OS1) Zone. This zone shall include as
permitted uses public parks, public recreation space, public trails, and
related uses.
Policy 3.38
It shall be the intention of Council to apply the Recreation and Open Space
(OS1) Zone to all existing Town owned recreation and open space facilities
as well as to the Department of Natural Resources and Renewables multi-
use trail corridor located on the former DAR right-of-way.
Policy 3.39
It shall be the intention of Council, through the Town's Recreation Strategy,
to identify, develop and maintain recreation and open space facilities which
address the needs of all segments of the community.
Policy 3.40
It shall be the intention of Council, through the Subdivision By-law, to
provide for the acquisition of public open space and/or cash-in-lieu for the
creation of residential subdivisions containing two (2) or more lots.
Policy 3.41
It shall be the intention of Council to zone, and where necessary amend the
Land Use By-law (rezone), all lands which may be acquired for public open
space purposes, including the expansion of existing facilities or the
acquisition of new land or facilities.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
3.2.5 CONSERVATION POLICIES
Policy 3.42
It shall be the intention of Council to include in the Land Use By-law a
Conservation (OS2) Zone. This zone shall include as permitted uses public
parks, public recreation space, public trails, and institutional uses.
Policy 3.43
It shall be the intention of Council to identify known environmentally
sensitive areas, including but not limited to, steep slopes, flood areas, and
watercourses, where development activity will be restricted or prohibited
and to apply the Conservation (OS2) Zone to all lands so identified.
Policy 3.44
The Town will undertake a floodplain mapping exercise, either individually
or in cooperation with other provincial or regional studies, to identify at-risk
areas within the Town of Berwick. Until this study is completed, all new
residential, commercial or industrial development within the Environmental
Designation may require a flood risk assessment study, which shall be
completed by a qualified person.
Policy 3.45
It shall be the intention of Council, except for a limited number of
institutional uses as described in the Land Use By-law, to prohibit the
development of new structures within the Conservation (OS2) Zone. The
development of any structures within the Conservation (OS2) Zone relating
to institutional uses shall only be permitted subject to review and
confirmation by a qualified individual that appropriate and necessary flood
damage mitigation for both structure and site can be approved pursuant to
Nova Scotia Department of Environment regulations.
3.2.6 REZONING WITHIN THE ENVIRONMENTAL DESIGNATION
It shall be the intention of Council to not rezone lands within the Environmental Designation
without an amendment to this Plan.
3.2.7 RENEWABLE ENERGY
The Town of Berwick is a municipal leader when it comes to renewable energy initiatives.
Berwick owns its own electrical utility and is a part of the Alternative Resource Energy
Authority (AREA), a 100% municipally-owned company. AREA brings together municipal units
that own their own energy utility with the goal of investing in and supporting renewable
energy projects that reduce costs and our environmental foot print. Berwick hosts a solar
garden, and through AREA, has invested in windfarms outside of Berwick.
Town will continue to invest in the Berwick Electrical Utility and AREA to support renewable
energy projects at scale.
Policy 3.46
The Town will invest in renewable energy initiatives through Berwick
Electrical Utility and the Alternative Resource Energy Authority.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
4 Development Designations
4.1 RESIDENTIAL DEVELOPMENT POLICIES
Considering the goals and objectives contained in the Plan and in particular the residential
development principles and objectives identified in Part 3.2.2, the following policies are
intended to regulate residential development within the Town.
Existing residential areas have developed over the course of the Town's history, developing
beyond the Commercial Street core into more peripheral areas. As such, the form and style
of housing in the Town differs from location to location.
Although there exists developable land outside of the serviced residential areas, its
development depends on the future allocation of municipal services. Because of this,
residential areas that are currently serviced need to be carefully planned to make the best
use of available land and services and to further enable the Town to meet future housing
needs.
4.1.1 RESIDENTIAL DESIGNATION
It shall be the intention of Council to create a Residential Designation on the Generalized
Future Land Use Map and encourage the development, maintenance, and enhancement of a
wide variety of residential uses and related compatible uses within this Designation
Policy 4.1
It shall be the intention of Council to enable the following zones within the
Residential Designation:
a.
Restricted Residential (RR)
b.
Residential (R)
c.
Mixed Density Residential (MDR)
d.
Growth Residential (GR)
e.
Residential Comprehensive Development District (RCDD)
f.
Institutional (I1)
g.
Parks and Open Space (OS1)
h.
Agriculture (A1)
Policy 4.2
It shall be the intention of Council to designate areas of the Town which are
predominately residential in character, and which are appropriate for long
term residential development as Residential on the Generalized Future
Land Use Map.
Policy 4.3
It shall be the intention of Council to create a Future Residential
Designation on the Generalized Future Land Use Map and promote new
comprehensively planned residential development as municipal
infrastructure can be extended to service these lands.
Policy 4.4
It shall be the intention of Council to consider larger parcels of unserviced
lands under the Future Residential Designation on the Generalized Future
Land Use Map.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
Policy 4.5
It shall be the intention of Council to consider only by development
agreement in the Residential Designation, residential proposals for uses
that are not otherwise permitted or cannot meet the standards of the
applicable residential zone. In evaluating such development agreements,
Council shall be satisfied that:
a.
the proposal is consistent with the existing character of the
neighbourhood including prevailing building types, lot size and frontage,
setback patterns, and parking locations;
b.
the condition(s) that prevents the proposal from being permitted as-of-
right in the zone is addressed by the development agreement including
but not limited to enhanced buffering and the positioning and design of
buildings and structures; and
c.
the proposal meets the general development agreement criteria set out
in Section 5.5 Amending the Land Use By-law and Adopting
Development Agreements.
d.
It shall be the intention of Council to include specific criteria for lots
serviced either by central sewer or by an on-site system in the Land Use
By-law.
Policy 4.6
It shall be the intention of Council to include in the Land Use By-law a
Restricted Residential Zone in limited areas of Berwick and establish
regulations in the Land Use Bylaw and establish minimum zone
requirements and development control provisions for uses within the Zone.
The RR Zone is to enable areas that are primarily comprised of single unit
dwelling and to support the continuation of these areas as areas where
growth is constrained.
Policy 4.7
It shall be the intention of Council to include in the Land Use By-law a
Residential (R) Zone. This Zone shall permit one (1) and two (2) unit main
residential dwellings units and up to two (2) accessory dwelling units -,
one per main residential unit, as-of-right and establish minimum zone
requirements and development control provisions for uses within the Zone.
Notwithstanding the above and in recognition of existing subdivision
patterns, provisions shall be included in the Land Use By-law for alternative
minimum lot frontage and minimum lot area requirements for lots zoned
Residential (R) located on the south side of Orchard Street between
Commercial Street and the Western Kings Memorial Health Centre.
Policy 4.8
It shall be the intention of Council to permit the following uses by Site Plan
Approval in the Residential (R) Zone, as outlined in the Land Use By-law:
a.
Expansion of a non-conforming use
b.
Grouped Dwellings - 4 or Fewer Dwelling Units on a Lot
c.
Fourplex Dwelling - 4 or Fewer Dwelling Units on a Lot
d.
Townhouse Dwelling - 4 or Fewer Dwelling Units on a Lot
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
Policy 4.9
It shall be the intention of Council to permit the following uses by
Development Agreements in the Residential (R) Zone, as outlined in the
Land Use Bylaw:
a.
Expansion and/or alteration of existing commercial and/or industrial
uses within the Residential (R) Zone;
b.
Expansion and/or alteration of existing land-lease communities within
the Residential (R) Zone;
Policy 4.10
It shall be the intention of Council to include in the Land Use By-law a
Residential Mixed Density (RMD) Zone. This Zone shall permit as-of-right,
low and medium density residential uses (up to six (6) dwelling units), as
outlined in the Land Use By-law. The Residential Mixed Density (RMD) Zone
shall be applied to all existing three-unit to six-unit dwellings located within
the Residential Designation.
Policy 4.11
It shall be the intention of Council to permit the following uses by Site Plan
Approval in the Residential Mixed Density (RMD) Zone, as outlined in the
Land Use By-law:
a.
Multi unit or Grouped dwellings with seven (7) to nine (9) units.
Policy 4.12
It shall be the intention of Council to use Development Agreements in the
Residential Mixed Density (RMD) Zone for new two (2) and/or three (3)
unit residential dwellings on lots which do not meet the minimum lot
frontage and/or area requirements for the Residential Mixed Density (RMD)
Zone; subject to the following criteria:
a.
That separation distances between adjacent single detached and two
unit dwellings are sufficient to reduce land use conflicts.
b.
Parking areas are not located in the side yards
c.
The frontage is sufficient to integrate into the existing neighbourhood.
d.
The site plan identifies outside amenity space that is sufficient for the
number of expected residents in the buildings.
Policy 4.13
It shall be the intention of Council to include in the Land Use By-law a
Residential Growth (RG) Zone. This Zone shall permit seven (7) or more
unit residential dwellings unit by either Site Plan Approval or Development
Agreement as per Policy 5-21 and 5-24 and establish minimum zone
requirements and development control provisions for uses within the Zone.
The Residential Growth (RG) Zone shall be applied to existing residential
structures containing seven (7) or more units and/or existing grouped
dwellings located on a single lot located within the Residential Designation.
Policy 4.14
It shall be the intention of Council to consider the following uses by Site
Plan Approval in the Residential Growth (RG) Zone, as outlined in the Land
Use By-law.
a.
Multi-unit dwellings with from seven (7) to nine (9) units in the
Residential Growth (RG) zone; and
b.
Residential care facilities.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
Policy 4.15
It shall be the intention of Council to consider the following uses in the
Residential Growth (RG) Zone, as outlined in the Land Use By-law on a
single lot only by Development Agreement subject to criteria listed in Policy
4-16:
a.
New multiple unit residential dwellings containing more than ten (10)
units
b.
Grouped dwellings with more than ten (10) units
Policy 4.16
It shall be the intention of Council that when considering proposals for uses
pursuant to Policy 4-15, and in addition to criteria contained in Policy 5-21,
consideration shall be given to the following:
a.
Level 1 Groundwater Assessment prepared by a qualified hydrogeologist
identifying potential risk and mitigation options for the protection of
quality and quantity of groundwater resources.
4.1.2 REZONING WITHIN THE RESIDENTIAL DESIGNATION
Policy 4.17
It shall be the intention of Council to consider proposals to rezone lands in
the Residential Designation to any other zone permitted in that
designation, as identified by Policy 4-2. Council shall not approve such a
rezoning unless Council is satisfied that:
a.
the proposed change is not prohibited by any other policy of this Plan;
b.
the purpose of the proposed zone, as described in the respective policy
creating that zone, is consistent with the location and characteristic of
the land and with the proposed use of the lands; and
c.
the proposal meets the general criteria for amending the Land Use By-
law, set out in Policy 5-24.
Policy 4.18
It shall be the intention of Council to permit rezonings from R to RMD-
subject to the following criteria:
a.
The property shall be located within walking distance of public transit.
b.
The property shall be within 100 meters of a Collector or Major Local
Street. An abutting street shall have sidewalks at least on one side of
the street.
c.
Council shall consider potential impacts on the neighbours' potable water
supply and may require a groundwater assessment to understand the
potential impacts of the proposal on adjacent property(s) groundwater
supply.
d.
The policies contained in Policy 5-24
Policy 4.19
It shall be the policy of Council to rezone R or RMD zones to RG subject to
the following criteria:
a.
The property shall be on or have direct access to a street with public
transit.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
b.
The property shall be on or have direct access to a Collector or Major
Local Street.
c.
Council shall consider potential impacts on the neighbours' potable water
supply by requiring a groundwater assessment to understand the
potential impacts of the proposal adjacent property(s).
d.
The submission of a Traffic Impact Statement that demonstrates, to
Council's satisfaction, that the anticipated traffic will not create a safety
concern or that the Level of Service is acceptable.
e.
The location will promote walkability and active transportation goals.
f.
There are adequate parks and open spaces within walking distance.
g.
The policies contained in Policy 5-24
Policy 4.20
Not withstanding Policy 4-17, rezoning from RR to R shall only occur
subject to the following criteria
a.
The proposed use is compatible with the character and form of the
existing RR zone; and
b.
The rezoning will not create any land use conflicts
c.
The road infrastructure is able to support any additional traffic. This
criteria specifically relates to the lifecycle of the street replacement and
its ongoing maintenance.
d.
The policies contained in Policy 5-24
4.1.3 RESIDENTIAL COMPREHENSIVE DEVELOPMENTS
The Residential Comprehensive Development District (RCDD) Zone is intended for
integrated and comprehensive planning of new large-scale neighbourhoods by development
agreement. This zone is appropriate for locations that are environmentally sensitive or
prominently located within an established community, or where an innovative development
form is desirable.
The Residential Comprehensive Development District (RCDD) Zone provides an opportunity
for alternative lot standards and development forms, as well as innovation in open space and
community amenities, such as pedestrian pathways and bike lanes, or energy-efficient
technologies such as district heating.
Policy 4.21
It shall be the intention of Council to include in the Land Use By-law a
Residential Comprehensive Development District (RCDD) Zone. This zone
shall permit a variety of residential types including low, medium and high-
density residential uses within comprehensively planned development.
Policy 4.22
It shall be the intention of Council to zone as Residential Comprehensive
Development District (RCDD) lands that are intended to enable the
development of large-scale and comprehensively-planned districts. This
zone may be applied to areas that:
a.
Are a minimum of five (5) acres in size;
b.
Would benefit from a public planning process, such as lands that are
prominently located within an established community; and
27
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
c.
Need to be well integrated with surrounding lands to meet the goals of
this Strategy, including, but not limited to, areas that require the
construction of important transportation infrastructure, that require
complex sewer or water infrastructure, that contain or abut
environmentally sensitive features, or where an innovative development
form is desired.
Policy 4.23
It shall be the intention of Council to consider only by development
agreement proposals for comprehensive planned developments within the
Residential Comprehensive Development District (RCDD) Zone. There are
four RCDD areas that may be considered for future development. In
evaluating such development agreements, Council shall be satisfied that
the proposal:
a.
Consists of land uses that are consistent with the intent of the Residential
Designation, including but not limited to residential uses, community
facilities, recreational facilities and local commercial uses intended to
serve the development;
b.
Provides a mix of housing options rather than only one building type;
c.
Has an overall minimum density of four (4 6) units/gross acre for
developments provided the environment can sustainably support the
proposed density;
d.
Has a neutral or positive long-term impact on Town finances, as shown
by a fiscal impact analysis, or the community or environmental benefits
outweigh the costs;
e.
Includes appropriate phasing to ensure orderly development that
minimizes the creation of vacant parcels of land between the existing
developed lands and the proposed site;
f.
Results in public infrastructure that is efficient to service and maintain;
g.
Encourages active transportation by providing sufficient sidewalks,
pathways and/or trails consistent with the transportation infrastructure
policies contained in Section 3.4, Infrastructure;
h.
Minimizes environmental impact by protecting sensitive natural features
and incorporating low-impact approaches for managing storm water;
i.
Completing a Level 1 Groundwater Assessment prepared by a qualified
hydrogeologist identifying potential risk and mitigation options for the
protection of quality and quantity of groundwater resources;
j.
Provides a minimum 100-foot-wide vegetated buffer within Residential
Comprehensive Development District (RCDD) Zones adjacent to the
Agricultural (A1) Zone. This buffer area must be entirely contained
within the development and may be used for park, recreation and service
utility purposes, but must not contain buildings for any other use. The
width of the buffer area may be reduced where natural or built features,
including but not limited to a ravine, watercourse or road create a buffer
with the Agricultural (A1) Zone;
28
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
k.
Notwithstanding the minimum requirements set out in the Subdivision
By-law, provides a minimum of ten (10) per cent open space
contribution;
l.
Utilizes, alternative road, lot, servicing and other infrastructure
standards where appropriate;
m.
Provides sufficient vehicle and pedestrian transportation linkages with
any adjacent municipality or property through the dedication of land
intended for use as a road reserve;
n.
Ensures that if the proposal is for a portion of the RCDD zone, there
must be a master plan for the entirety of the RCDD area with which the
proposal must be consistent.
o.
Complements existing and planned development within an adjacent
municipality in location, design, and any linkages between Town and
municipal infrastructure; and
p.
The policies contained in Policy 5-24
4.1.4 HOME OCCUPATIONS
Policy 4.24
It shall be the intention of Council to include in the Land Use By-law
provisions enabling and regulating the establishment of home occupation
uses accessory to a permitted residential use within the Residential
Designation. By-law provisions shall ensure that the residential character of
an area can be maintained while providing economic opportunities for
residents.
4.1.5 LAND-LEASE COMMUNITIES
Policy 4.25
It shall be the intention of Council to include as permitted uses within the
Residential (R) Zone and apply the Residential (R) Zone to existing land-
lease communities located within the Residential Designation as of the
effective date of this Plan. The establishment of new land-lease
communities and/or the expansion of existing land-lease communities shall
be considered only by Development Agreement and in addition to criteria
contained in Policy 5-24, Council shall give consideration to the following:
a.
That the minimum lot area be 2.02 hectares (5 acres);
b.
That a minimum amenity space of 5% of the gross lot area be provided.
c.
That the site adequately buffered by from existing low density
development to reduce land use conflicts such as, but not limited to,
noise, light, and odour impacts.
d.
Any other issue to ensure the integration of the Land Leased community
into the existing build form.
Policy 4.26
Notwithstanding the policies contained in this Part, it shall be the intention
of Council to consider the following developments within the Residential
Designation only by Development Agreement:
a.
Multiple unit residential dwellings containing more than ten (10) or more
units;
29
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
b.
New two (2) and/or three (3) unit residential dwellings on lots which do
not meet the minimum lot frontage and/or area requirements for their
respective zones;
c.
Comprehensively planned residential development within the Residential
Comprehensive Development District (RCDD) Zone;
d.
Expansion and/or alteration of existing commercial and/or industrial
uses within the Residential (R) Zone;
e.
Expansion and/or alteration of existing land-lease communities within
the Residential (R) Zone;
Policy 4.27
Notwithstanding the policies contained in this Part it shall be the intention
of Council to consider the following developments within the Residential
Designation only by Site Plan Agreement:
a.
Multiple unit residential dwellings with from seven (7) to nine (9) units
in the Residential Mixed-Density(RMD) Zone;
b.
Grouped dwellings with from seven (7) to nine (9) units in the
Residential Mixed Density (RMD) Zone;
4.1.6 RESIDENTIAL CARE FACILITIES
Residential Care Facilities, Homes for Special Care and similar uses are often considered
Institutional uses and therefore prohibited within some residential zones. However, on a small
scale, community-based residential facilities provide community integration for people with a
variety of special needs. Therefore, Council shall permit Residential Care Facilities, Homes
for Special Care, and similar uses in residential zones subject to the Land Use By-law.
Policy 4.28
It shall be the intention of Council to permit Residential Care Facilities,
Homes for Special Care, and similar uses in any Residential Zone in
accordance with the Land Use By-law.
4.1.7 FUTURE RESIDENTIAL DESIGNATION
Outside of the serviced residential and commercial areas of Berwick, there are areas that
retain a more rural character. Some of these areas include residential uses on large lots, while
others host uses that include agricultural uses, forestry uses, and large land holdings with no
active uses.
The Canada Land Inventory (CLI) was developed as a means of mapping and classifying lands
based on their physical capabilities and limitations. This information was then used to guide
decisions related to land use, zoning, and resource management. Some of these unserviced
lands are classified under the CLI as Class 2 ("moderate limitation") and Class 3 ("moderate
severe limitation"). Soils qualifying for Class 2-4 are considered suitable for cultivated field
crops and portions of these lands can be utilized for farming operations.
As identified in previous versions of the Town's Municipal Planning Strategy, these lands
cannot be preserved as agricultural lands in the long term as they are required for future
residential growth as municipal servicing becomes available. The intended use of these lands
is to accommodate this future residential growth while offering opportunities for limited small-
scale crop-based agriculture and forestry uses.
30
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
Policy 4.29
It shall be the intention of Council to, on Schedule 'A', the Future Land Use
Map, create a Future Residential Designation to designate unserviced lands
in the areas of Town that are intended to accommodate future residential
growth as municipal services become available, while also offering the
potential for industrial expansion in areas that are situated between the
existing industrial uses in the town.
Policy 4.30
It shall be the intention of Council to, through the Land Use By-law, permit
the following zones as-of-right within the Future Residential Designation:
a.
Residential (R)
b.
Recreation and Open Space (OS1)
c.
Conservation (OS2)
d.
Institutional (I1)
e.
Agriculture (A1)
4.1.8 REZONING WITHIN THE FUTURE RESIDENTIAL DESIGNATION
Policy 4.31
It shall be the intention of Council to consider proposals to rezone lands in
the Future Residential Designation to any other zone permitted in that
designation except for A-1, as identified by Policy 4-29, based on the
following criteria:
a.
There are not undue negative impacts on active and future agricultural
activities;
b.
The proposed change is not prohibited by any other policy of this Plan;
c.
The purpose of the proposed zone, as described in the respective policy
creating that zone, is consistent with the location and characteristic of
the land and with the proposed use of the lands; and
d.
The policies contained in Policy 5-24
Policy 4.32
It shall be the intention of Council to consider a rezoning from A-1 to any
other zone in the residential designation subject to the following criteria:
a.
The impact on existing and future agricultural activity.
b.
That the lands front on an existing public street
c.
The policies contained in Policy 5-24.
4.2 COMMERCIAL DEVELOPMENT POLICIES
Most of the commercial activity in Berwick is centered on sections of Commercial Street and
Main Street. There is a wide diversity of commercial activities and uses within this area
ranging from large-scale commercial/industrial uses to small galleries. There are also smaller
nodes of commercial activity distributed through other areas of town.
In our commitment to create a vibrant and sustainable Berwick, we place a central focus on
improving walkability within our downtown core. These policies aim to integrate asset
management principles, ensuring the longevity of our infrastructure. Our aim is to provide
safe, accessible active transportation options for residents and visitors, encouraging active
living, reducing congestion, and preserving the character of the town's downtown core.
31
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
We will also endeavor to optimize our parking facilities, implementing effective solutions that
strike a balance to optimize our parking requirements to ensure that they align with the best
use of our downtown areas.
There is also a tradition of home-based businesses in Town and Council intends to allow them
widely, with a few minor controls to ensure they remain compatible with surrounding
residential uses.
The availability of tourist accommodations in Berwick has become an important commercial
topic in recent years with several former motels being converted to accommodate permanent
housing. Short-term rentals have become a popular option for accommodation and can also
help homeowners with the affordability of their property, but there are also issues regarding
the loss of permanent housing stock and the concerns of permanent residents on their effect
on otherwise stable neighbourhoods. From a land use planning perspective, there are limited
tools available to effectively regulate various aspects of short-term rentals (e.g. duration in a
year, ownership). As a result, Council intends to permit them on a limited scale using the land
use planning tools available and explore options for other regulatory tools to control the other
aspects of this use.
4.2.1 GENERAL COMMERCIAL DEVELOPMENT POLICIES
Policy 4.33
It shall be the intention of Council to, through the initial placement of Land
Use Designations and Use Zones, and through the list of permitted uses in
each Use Zone, enable and encourage a diversity of commercial uses to
locate in Berwick, with consideration for the potential impacts of
commercial operations on surrounding uses.
Policy 4.34
It shall be the intention of Council to, through the Land Use By-law, permit
home-based businesses in any Use Zone that permits dwellings, and shall
include limits on the size, number of non-resident employees, and types of
commercial uses that will be permitted for home-based businesses.
Policy 4.35
It shall be the intention of Council to, through the Land Use By-law, permit
short-term rentals in all Use Zones that permit dwellings, but shall limit
them to one per lot and shall not permit them within accessory dwellings or
accessory buildings.
In light of the goals and objectives contained in the Plan and in particular the commercial and
industrial development objectives identified in Part 3.2.3 the following policies are intended
to regulate commercial and industrial development within the Town.
4.2.2 COMMERCIAL DESIGNATION
Policy 4.36
It shall be the intention of Council to create a Commercial Designation on
the Generalized Future Land Use Map and encourage the development and
redevelopment of a broad range of commercial, institutional, and accessory
residential activities within this Designation.
Policy 4.37
It shall be the intention of Council to designate as Commercial the
traditional downtown core including lands fronting on Commercial Street
generally between the Cottage and Orchard Street, lands fronting on Union
32
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
Street west of Commercial Street, lands fronting on Mill Street and existing
commercial lands fronting on the south side of Front Street as well as lands
of the Berwick Industrial Park, adjacent properties abutting Morse Lane and
lands generally located at the west end of Main Street.
Policy 4.38
It shall be the intention of Council to, through the Land Use By-law, permit
the following zones as-of-right within the Commercial Designation:
a.
Commercial General (C1) Zone
b.
Commercial/Industrial Enterprise (C2) Zone
c.
Gateway Mixed Use (GMU1) Zone
d.
Open Space (OS1) Zone
e.
Conservation (OS2) Zone
f.
Institutional (I1) Zone
Policy 4.39
It shall be the intention of Council to include in the Land Use By-law a
Commercial General (C1) Zone. This zone shall permit as-of-right a wide
variety of commercial retail, service, office, tourism, institutional, and
general warehousing uses as well as existing residential uses and new
residential uses accessory to commercial uses
Policy 4.40
It shall be the intention of Council that the Commercial General (C1) Zone
will be applied to those lands within the Commercial Designation which
encompass the recognized traditional central business district of the Town.
Policy 4.41
It shall be the intention of Council to establish development control
standards and requirements within the Commercial General (C1) Zone
which reflect the character and pattern of existing development within the
traditional central district.
Policy 4.42
It shall be the intention of Council to include in the Land Use By-law a
Commercial/Industrial Enterprise (C2) Zone. This zone shall permit a wide
variety of commercial, industrial, and institutional uses as-of-right.
Policy 4.43
The Commercial/Industrial Enterprise (C2) Zone will be applied to those
lands within the Berwick Industrial Park, adjacent properties abutting
Morse Lane and lands generally located at the west end of Main Street.
Policy 4.44
It shall be the intention of Council to establish development control
standards and requirements within the Commercial/Industrial Enterprise
(C2) Zone which will promote compatibility between differing land uses,
encourage appropriate site planning and serve to mitigate potential land
use conflicts with adjacent non-commercial lands.
Policy 4.45
It shall be the intention of Council to encourage, promote and consider
mixed use commercial/residential development with reduced parking
requirements on those properties zoned Commercial General (C1) by
Development Agreement. In addition to criteria contained in Policy 5-22,
Council shall consider the following:
33
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
a.
That the proposed structure is generally compatible with existing
dwellings on adjacent properties;
b.
That
the
proposed
development
can
be
integrated
into
and
accommodated within the adjacent road network;
c.
The ground floor commercial shall front on a public street.
d.
Parking shall not front on Commercial Street. Underground parking is
encouraged.
e.
Council may consider waiving commercial parking requirements if it
determined there is adequate street parking or off site parking is
provided.
f.
Commercial buildings shall help create a positive and pedestrian scale
street wall
g.
A Level 1
Groundwater Assessment prepared by a qualified
hydrogeologist identifying potential risk and mitigation options for the
protection of quality and quantity of groundwater resources.
h.
That the design of the proposed structure is complementary to the
existing building form:
i.
Building Mass;
ii.
Materials
i.
The policies contained in Policy 5-24
Policy 4.46
Notwithstanding policies contained in this Part it shall be the intention of
Council to consider the development of the following uses on lands
designated Commercial by Development Agreement subject to criteria
contained in Policy 5-24, the General Criteria for Development
Agreements:
a.
Mixed Use commercial/residential development on lots on Mill and Front
Streets adjacent to the former DAR right-of-way.
4.2.3 NORTHERN GATEWAY AREA POLICIES
In light of the goals and objectives contained in the Plan and in particular the Gateway
development principles and objectives identified in Part 3.2.3 the following policies are
intended to regulate development of the Northern Gateway District.
Policy 4.47
It shall be the intention of Council to include in the Land Use By-law a
Gateway Mixed Use (GMU1) Zone. This zone shall include as permitted
uses a wide variety of residential, small-scale commercial, institutional, and
parks and open space uses.
Policy 4.48
It shall be the intention of Council to zone as Gateway Mixed Use those
lands generally located on Commercial Street north of Main Street, lands
generally located at the intersection of Main and Commercial Streets and
lands located on the north side of Main Street east of Commercial Street up
to and including lands which abut the Town's Wastewater Treatment
Facility.
34
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
Policy 4.49
It shall be the intention of Council that within the Gateway Mixed Use
(GMU1) Zone all development, except low density residential uses, shall be
considered by Development Agreement and in addition to criteria contained
in Policy 5-24, consideration shall be given to the following:
a.
That provisions are made, where appropriate and possible, for the
integration of access to public open space, recreation and amenity space
into the proposed site plan;
b.
That the proposed structure is generally compatible with existing
dwellings on adjacent properties;
c.
That the design of the proposed structure and site reflects and is
consistent with adjacent existing dwellings with respect to:
i.
Building Mass;
ii.
Relationship to and setback from the street line;
iii.
Roof Line Heights and Orientations;
iv.
Building Height;
v.
Placement and Proportions of window and door openings along the
primary façade;
vi.
Location of on-site parking;
vii.
Landscaping and landscape treatment.
d.
That the site plan promotes the integration of the structure and use with
the streetscape and pedestrian realm by means of locating primary
parking areas in the rear of proposed structures and the provision of
landscape features between the proposed building and the street line.
e.
A Level 1
Groundwater Assessment prepared by a qualified
hydrogeologist identifying potential risk and mitigation options for the
protection of quality and quantity of groundwater resources for any and
all developments containing ten (10) or more residential units.
4.2.4 REZONING
Policy 4.50
It shall be the intention of Council to consider proposals to rezone lands in
the Commercial Designation to any other zone permitted in that
designation, as identified by Policy 4-34. Council shall not approve such a
rezoning unless Council is satisfied:
a.
The proposed change is not prohibited by any other policy of this Plan;
b.
The purpose of the proposed zone, as described in the respective policy
creating that zone, is consistent with the location and characteristic of
the land and with the proposed use of the lands;
c.
The policies contained in Policy 5-24
35
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
4.3 GENERAL POLICIES
4.3.1 AGRICULTURAL USE POLICIES
Berwick's historical development pattern is linked to the agricultural industry. The Town is
surrounded by some of the best agricultural land in the province and has many commercial
and industrial uses that are linked to a successful and productive agricultural sector. Berwick
has a limited amount of active agricultural land, and has grown into a thriving service centre
with streets, schools, a hospital, and other amenities that are characteristic of an urban
environment.
The agricultural area of Berwick is bounded by Highway 101 and has limited opportunities to
grow, especially as Berwick becomes more dense and urbanized. There is little agricultural
activity left in town, and that is experiencing pressure. To support agriculture in the Annapolis
Valley, Berwick is better served to provide services to rural residents to help alleviate housing
and commercial pressures in the rural area that surrounds it.
Property owners along Willow Street have expressed a desire to create lots along the frontage
of Willow Street. Policies are included below which allows the creation of new lots in the A-1
zone along Willow Street but other agricultural lands will require more in depth analysis and
planning before more development shall be permitted.
Existing agricultural uses and properties currently zoned Agriculture (A1) will continue to be
permitted. It is anticipated that as the Town grows and services are expanded that these
areas will transition to other uses.
Policy 4.51
It shall be the intention of Council to include in the Land Use By-law an
Agriculture (A1) Zone and to include as permitted uses a broad range of
agricultural production, agricultural sales, and farm related residential
uses. Provisions shall be established for zone standards, including the
identification of prohibited agricultural uses, which promote compatibility
between agricultural and non-agricultural areas.
Policy 4.52
It shall be the intention of Council to Zone as Agriculture those lands
fronting on Willow Avenue north of the Cornwallis River.
Policy 4.53
It shall be the intention of Council to allow existing agricultural uses located
within the Residential and Future Residential Designations to continue to
operate and expand within the confines of their properties.
Policy 4.54
It shall be the intention of Council to restrict the establishment of new
agricultural uses and operations to lands zoned Agriculture (A1) as of
September 1, 2024.
Policy 4.55
It shall be the policy of Council to consider the conversion of any
Agriculturally zoned land that does not front on an existing street through
an Amendment to this Plan.
Policy 4.56
It shall be the policy of Council to permit reduced lot sizes on Willow Street
within the Agricultural zone.
36
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
4.3.2 INSTITUTIONAL USE POLICIES
In light of the goals and objectives contained in the Plan and in particular the Institutional
uses principles and objectives identified in Part 2.6.5.2 the following policies are intended to
regulate the development of institutional uses within the Town.
Policy 4.57
It shall be the intention of Council to include in the Land Use By-law an
Institutional (I1) Zone and to include as permitted uses a broad range of
institutional and public uses. Existing Institutional uses which are located
within any Generalized Future Land Use Designation will be incorporated
into the corresponding designation.
Policy 4.58
It shall be the intention of Council to zone existing institutional use located
within any Designation as Institutional (I1). Institutional uses shall be
included as permitted uses within all Zones.
Policy 4.59
It shall be the intention of Council to consider the redevelopment and/or
reuse of lands zoned Institutional (I1) by rezoning, subject to the
applicable policies of this Plan.
37
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
5 Implementation and Review
5.1 ADMINISTRATION
5.1.1 CONTEXT
This Municipal Planning Strategy is a policy document that sets out the vision, goals, and
policies for development and land use in the Town of Berwick. This Plan and its associated
By-laws are enabled by and are consistent with Parts 8 and 9 of the Municipal Government
Act.
5.1.2 DOCUMENT ADMINISTRATION
This document and the Land Use By-law are structured for easy reference and to easily track
changes over time. The text below outlines the structure for referencing differing elements of
this Plan:
i.
- Chapter
ii.
- Section
iii.
- Subsection
iv.
(a) - Clause
v.
(a) (i) - Subclause
When amending this Plan or the text of the Land Use By-law, the Town will use the following
practices:
-
The date, general nature of the change, and reference file or project will be noted in
the changelog at the end of each Chapter.
-
Each record in the changelog will be given a reference number prefaced with the
letters, "CHG".
-
Deleted text will be replaced with the text, "DELETED" and the reference number for
the appropriate record in the changelog. Subsequent text will not be renumbered.
-
Additions or substitutions will be bolded with the reference number for
-
the appropriate record in the changelog following in brackets.
-
If additions would normally require the renumbering of following text, the "highway
interchange" system will instead be used. A capital letter will be added to the
numbering to differentiate the new text from the previous numbering. For example,
Subsection 1.1.2A would be used between Subsections 1.1.2 and 1.1.3.
5.1.3 POLICY STATEMENTS
Policy statements of Council are separate from the above document structure and are denoted
by the text, "POLICY #-#". All contents of this Plan not contained within a Policy are
considered preamble and may be used to help interpret the intent of Policy statements if the
statements are found to be ambiguous or unclear.
Policy 5.1
Official Council Policies are denoted in this Plan by the text, "POLICY #-#",
with the number signs replaced by the appropriate policy number.
38
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
5.1.4 LANGUAGE
The policies of this Plan are written to be as clear and precise as possible. As a result, some
words have specific, defined meanings.
Policy 5.2
In this Plan, the word "shall" takes the imperative, and indicates a duty to
act. The word "may" takes the permissive and indicates permission to act.
5.1.5 GENERALIZED FUTURE LAND USE MAP
Policy 5.3
It shall be the intention of Council to provide for the overall development of
the Town in accordance with the Generalized Future Land Use Map
(Schedule 6.1) which shall constitute a part of this document. Any change
to the boundaries of a Generalized Future Land Use designation shall
require an amendment to this Plan.
5.1.6 EFFECTIVE DATE
Policy 5.4
This Municipal Planning Strategy and implementing Land Use By-law shall
come into effect on the date that a notice is published in a newspaper,
circulating in the town, informing the public that the planning documents
are in effect.
5.2 LAND USE BY-LAW AND SUBDIVISION BY-LAW
5.2.1 BY-LAW ADOPTION
A Land Use By-law is one of the regulatory tools used to implement the Municipal Planning
Strategy. It includes zones that establish the permitted uses on a piece of land, the permitted
size and dimensions of lots, and the standards both land uses and structures must meet.
The Subdivision By-law is another tool used by Council to implement this Plan. It sets out the
requirements and processes for such things as subdividing land, creating streets, and
providing recreational lands.
Policy 5.5
It shall be the policy of Council to adopt a Land Use By-law and Subdivision
By-law consistent with the intent of this Plan.
Policy 5.6
It shall be the policy of Council to appoint one or more Development
Officers to administer the Land Use By-law and the Subdivision By-law and
to issue and deny permits under the terms of these By-laws.
Policy 5.7
The Subdivision By-law shall:
a.
Apply to the whole of the Town;
b.
Ensure that any subdivision, with the exception of lots created using the
variance provisions of Part 9 of the Municipal Government Act, conforms
with the lot requirements contained in the Land Use By-law;
c.
Establish locations and standards for the development of public and
private roads, central services, and other publicly owned infrastructure;
39
TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
d.
Contain provisions intended to ensure that lots are suitable for on-site
sewage disposal where there is no central sewer system;
e.
Contain provisions for dedicating land or an equivalent value for park,
playground, and similar public purposes;
f.
Ensure
the
applicable
requirements
of
the
Town's
Municipal
Specifications are in effect; and
g.
Contain any other provisions needed to fulfill the intent of this Plan.
Policy 5.8
It shall be the policy of Council to require all subdivision of land to occur on
a public road.
5.2.2 VARIANCES
Sometimes there are unique situations where it can be difficult to strictly apply the
requirements of the Land Use By-law. The Municipal Government Act enables the
Development Officer to vary these requirements if provided for by the Land Use By-law. The
Act also defines circumstances for which a variance may not be granted.
Policy 5.9
It shall be the policy of Council to, through the Land Use By-law, enable
the Development Officer to vary:
a.
The percentage of land that may be built upon;
b.
The size or other requirements relating to setbacks;
c.
Lot frontage and lot area if:
i.
The lot existed on the effective date of the Land Use By-law, or
ii.
A variance was granted for the lot at the time of subdivision
approval;
d.
The location and number of parking and loading spaces required;
e.
Ground area and height of a structure;
f.
Floor area occupied by a home-based business; and
g.
Height and area of a sign.
5.2.3 AMENDING THE LAND USE BY-LAW
Council recognizes it cannot foresee all possible types of development that might be
acceptable in general, or on a specific piece of land. As such, there will be times when the
Land Use By-law needs to be amended to accommodate a new development trend or specific
development proposal.
Policy 5.10
It shall be the policy of Council to amend the text of the Land Use By-law if
the proposed amendment meets the general criteria set out in Policy 5-24
and is generally consistent with the intent of this Strategy and specific
policies and provisions of this Strategy. Amendments to the Land Use By-
law shall be considered in accordance with all enabling provisions of the
Municipal Government Act.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
Policy 5.11
It shall be the policy of Council to consider amendments to the map of the
Land Use By-law when the proposed zoning change is not specifically
prohibited within this and at least one of the following three conditions is
true:
a.
The proposed zone is enabled by this Plan for use within the same
designation; or
b.
Notwithstanding the zones permitted within a designation, the land to
be rezoned is under 5 hectares in area and is adjacent to a designation
that permits the proposed zone. For clarity, land that abuts a right-of-
way, such as a street, is considered to be adjacent to the designation on
the other side of the right-of-way, or
c.
A non-conforming use appears to have been created by an inadvertent
administrative oversight in the Municipal Planning Strategy and Land Use
By-law preparation process, resulting in a property being zoned
inconsistent with stated policies in this Plan.
Policy 5.12
It shall be the policy of Council to not amend the map of the Land Use By-
law if the lot and existing buildings do not meet the requirements of the
proposed zone except where specified in this Strategy.
Policy 5.13
It shall be the policy of Council to not amend the map of the Land Use By-
law unless Council is satisfied that:
a.
The proposal meets any applicable zone placement criteria set out in
policies, elsewhere in this Plan, applicable to the proposed zone; and
b.
The proposed zone and the uses it permits meet the general criteria set
out in Policy 5-24.
5.2.4 DEVELOPMENT AGREEMENTS
A development agreement is a legal contract between the Town and a landowner that sets
out development rights, responsibilities, and sometimes performance standards for a
particular piece of land. A development agreement takes the place of some or all of the zoning
requirements on that land. Compared to zoning, development agreements often allow finer-
grained control over what happens on the land, at the expense of increased effort required to
write, approve, and administer the agreement.
Development agreements are registered on the land's title and remain in force until
discharged. They "run with" the land; i.e. a development agreement does not disappear if the
land is sold, and future owners continue to be subject to the rights and requirements of the
agreement until discharged by Council.
For Council to consider a development agreement, there must be enabling policy elsewhere
in this Plan. Development agreements are typically enabled for unique situations that would
be difficult to regulate with other tools, or where public input during the approval process is
especially useful.
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
5.2.5 ADOPTING AND AMENDING DEVELOPMENT AGREEMENTS
Policy 5.14
It shall be the policy of Council to consider entering into a new
development agreement where such an agreement is enabled by policies
elsewhere in this Plan.
Policy 5.15
Where Council approves a development agreement, the development
agreement shall:
a.
Specify the development, expansion, alteration, or change permitted;
b.
Specify the conditions under which the development may occur; and
c.
Set terms by which Council may amend or terminate and discharge the
agreement.
Policy 5.16
It shall be the policy of Council to not approve or amend a development
agreement unless Council is satisfied that the proposed agreement is
consistent with the enabling policy and the general criteria set out in Policy
5-24.
Policy 5.17
It shall be the policy of Council to specify conditions in the development
agreement to bring the proposal into alignment with the enabling policy
and the general criteria set out in Policy 5-24. Such conditions may include,
but are not limited to, controls regarding:
a.
The emission of noise, odour, light, liquids, gases, and dust;
b.
The use, type, location, and orientation of structures;
c.
The percentage of that may be built upon and the size of yards, courts
or other open spaces;
d.
The maximum density of the population within a development;
e.
The architectural design of structures, including, but not limited to, bulk,
scale, height, roof shape, building and cladding materials, and the shape
and size and placement of doors and windows;
f.
The type, size, and location of signage;
g.
The location and type of landscaping, including fences and other forms
of screening;
h.
Alteration of land levels;
i.
Pedestrian, bicycle, and vehicular circulation;
j.
Connections to existing or planned pedestrian, bicycle, and vehicular
networks;
k.
The location and number of bicycle and vehicular parking and loading
spaces;
l.
Access for emergency vehicles;
m.
The type and orientation of exterior lighting;
n.
Hours of operation;
o.
Management of solid waste, compost, and recycling;
p.
The type of materials stored and/or sold on site;
q.
The provision of open space and amenities;
r.
The phasing of development;
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
s.
Financial bonding for the construction and maintenance of components
of the development, including, but not limited to, roads and landscaping;
t.
Mitigation measures for construction impacts;
u.
Penalties for noncompliance and/or violation of terms and conditions;
v.
Stormwater management;
w.
Servicing;
x.
Time limits for the initiation and/or completion of development;
y.
Bonding; and
z.
Other conditions as enabled by the Act, as amended from time to time.
5.2.6 LEGACY DEVELOPMENT AGREEMENTS
There are a number of development agreements in Town that were adopted prior to this Plan.
These agreements are legal contracts that continue to remain in force subject to the terms
outlined in the agreement. However, the policies under which these agreements were
considered are sometimes no longer in force, so evaluating any proposed amendments to
these agreements can be challenging.
Council intends to conduct a comprehensive review of existing development agreements to
determine if they can be discharged or possibly brought into alignment with this Plan. Pending
this review, amendments to existing development agreements will be governed by the
following policies:
Policy 5.18
It shall be the policy of Council to consider non-substantive amendments to
development agreements adopted prior to April 1, 2012 subject to the
criteria for non-substantive amendments outlined in the particular
development agreement and subject to Policy 5-24 of this Plan.
Policy 5.19
It shall be the policy of Council to only consider substantive amendments
to development agreements adopted prior to October 1, 2024 if the
proposal is specifically enabled by, and is consistent with, a policy of this
Plan
Policy 5.20
It shall be the Policy of Council to consider applications for development
agreements on file on or before the date of First Reading of this MPS under
the Municipal Planning Strategy policies in effect at the time the complete
application was received. Where any such application is withdrawn,
significantly altered, or refused by Council, any new development proposal
shall be subject to all applicable requirements of the current MPS and LUB.
5.3 SITE PLAN APPROVAL
Site plan approval is a development approval process in which applicants must meet an
additional set of criteria set out in the Land Use By-law. Unlike standard development
permitting, these criteria can involve a negotiation between the applicant and the
Development Officer to determine overall compliance. The outcome of site plan approval is a
site plan agreement.
This tool is useful for approvals that might require an additional level of oversight or flexibility
in the ways impacts on neighbours are reduced, but that do not necessarily need to go through
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
the complex and time-consuming process required for a development agreement. These site-
plans are specific to the property and continue to apply in the event the property is sold unless
discharged by Council.
Policy 5.21
It shall be the policy of Council to, through the Land Use By-law, use site
plan approval as the tool for reviewing developments that require some
additional oversight or where there is a benefit to providing flexibility in the
ways land use controls are implemented.
Policy 5.22
It shall be the policy of Council to, through the Land Use By-law, establish
a notification area of 30 metres for the approval of site plan agreements on
lots one (1) hectare or less in area and 100 metres for the approval of site
plan agreements on lots greater than 1 hectare in area.
5.4 AMENDING THE LAND USE BY-LAW & ADOPTING DEVELOPMENT
AGREEMENTS
Amendments to the Land Use By-law and the adoption of development agreements are
processes that require careful thought. As such, Council has established a set of general
criteria to consider when evaluating all Land Use By-Law amendments and development
agreement proposals.
Policy 5.23
It shall be the policy of Council to not amend the Land Use By-law or
approve a development agreement unless Council is satisfied the proposal:
a.
Is consistent with the intent of this Municipal Planning Strategy;
b.
Does not conflict with any Town or Provincial programs, by-laws, or
regulations in effect in the Town;
c.
Is not premature or inappropriate due to:
i.
The ability of the Town to absorb public costs related to the
proposal;
ii.
Impacts on existing drinking water supplies, both private and
public;
iii.
The adequacy of sewer and groundwater to support the proposed
density of development;
iv.
The creation of excessive traffic hazards or congestion on road,
cycling, and pedestrian networks within, adjacent to, or leading to
the proposal;
v.
The adequacy of fire protection services and equipment;
vi.
The adequacy and proximity of schools and other community
facilities;
vii.
The adequacy of road networks adjacent to, or leading to the
proposed development;
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
viii.
The creation of a new, or worsening of a known, pollution problem
in the area, including, but not limited to, soil erosion and siltation
of watercourses;
ix.
The potential to create flooding or serious drainage issues,
including within the proposal site and in nearby areas;
x.
The potential for damage to or destruction of historical buildings
and sites;
xi.
Impacts on known habitat for species at risk;
xii.
Risks presented by geohazards; and
xiii.
The suitability of the site in terms of grades, soil and geological
conditions, the location of watercourses and wetlands, and
proximity to utility rights-of-way.
Policy 5.24
It shall be the policy of Council to, in addition to any other required
information, require any or all of the following information, prepared by an
appropriate professional at the applicant's cost, at a level sufficiently
detailed to determine whether the criteria for amending the Land Use By-
law or adopting a development agreement have been met:
a.
A detailed site plan showing features such as, but not limited to:
i.
Topography;
ii.
Location and dimensions of existing and proposed property and/or
unit lines;
iii.
Location of zoning boundaries;
iv.
Use, location, and dimensions of existing and proposed structures;
v.
Existing and proposed watercourses and wetlands;
vi.
Location and dimensions of existing and proposed road, bicycle,
and pedestrian networks;
vii.
Location and dimensions of driveways, parking lots, and parking
spaces;
viii.
Type and amount of site clearing required, if any;
ix.
Location of buffers;
x.
Location and dimensions of existing and proposed parks and
recreation lands, whether public or private;
xi.
Location of utilities;
xii.
Development densities;
b.
Elevation drawings of existing and proposed structures including, but not
limited to, dimensions and exterior materials;
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
c.
A site grading plan;
d.
A landscaping plan;
e.
A drainage and stormwater management plan;
f.
A hydrological assessment to determine groundwater resource volumes,
availability, quality, and sustainability pre- and post-development;
g.
A traffic impact assessment that evaluates the ability of existing road,
bicycle, and pedestrian networks to accommodate traffic generated by
the proposed development;
h.
An exterior lighting study
i.
A geotechnical study;
j.
Environmental studies, including, but not limited to, studies addressing
Species at Risk and environmental contamination;
k.
A shadow study;
l.
A wind study;
m.
A vibration study;
n.
A noise study; and
o.
Other studies as required.
5.4.2 NOTIFICATION TO AMEND THE LAND USE BYLAW OR ADOPT A
DEVELOPMENT AGREEMENT
Policy 5.25
Where Council has given notice of its intention to adopt an amendment to
the Land Use By-law, including its maps, which is not general in scope but
which is in direct response to a specific development proposal, or has given
notice of its intention either to enter into a development agreement or to
amend a development agreement, Council shall serve notice of the
proposed amendment or development agreement upon assessed property
owners whose property lies within 30 metres of the property which is the
subject of the proposed amendment or development agreement.
5.5 MONITORING, REVIEWING, AND UPDATING THIS PLAN
5.5.1 PLAN UPDATES
Plans are living documents and to be effective, they must be periodically updated and
reviewed to respond to current trends and issues. The Vision outlined in this Plan provides
the overarching direction for Berwick over the next few decades, but the methods and tools
to get there will shift over time. Even the Vision itself will need to eventually be revisited in
the long term to confirm if it is still relevant, or if the conditions in Berwick have shifted such
that the Vision needs to be updated.
Policy 5.26
It shall be the policy of Council to consider an amendment to this Municipal
Planning Strategy when:
a.
Any policy intent is to be changed;
b.
An amendment of the Land Use By-law or Subdivision By-law would
conflict with any portion of the Municipal Planning Strategy; or
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
c.
When this Municipal Planning Strategy is inconsistent with any
Statements of Provincial Interest.
Policy 5.27
It shall be the policy of Council to initiate a comprehensive review of this
Plan within ten (10) years of adopting this Plan. The intent of this review is
to conduct extensive public consultation, review the Vision, Principles, and
Objectives of the Plan, and update or replace components of the Plan as
necessary to support the new Vision, Principles, and Objectives.
5.6 FEES
5.6.1 LEVYING OF FEES
Policy 5.28
It shall be the policy of Council to levy fees relating the processing of
planning and development related applications and applications for
Subdivision Approval, including but not restricted to administrative and
professional services costs and requirements for public notices and
advertising.
5.7 PUBLIC PARTICIPATION AND ENGAGEMENT WITH
NEIGHBOURING MUNICIPALITIES
The Town of Berwick recognizes the importance of public participation in the planning process
and will make every effort to involve the public in the development and review of planning
documents and policies.
Planning decisions made in the town may also affect neighbouring municipalities and
communities, so it is important for the Town to continue to support a cooperative approach
for land use decisions that may have broader impacts.
The Town's Public Participation Program Policy will provide opportunities for public input in
the planning process, including the preparation of background reports, options analysis, and
the development of recommendations and final documents.
Policy 5.29
It shall be the policy of Council to adopt a Public Participation Program
Policy with the adoption of this Municipal Planning Strategy, consistent with
the Municipal Government Act, to outline notification requirements for
abutting municipalities, Development Agreements, MPS and Land Use By-
law Amendments, and for Site Plan approvals.
5.8 NON-CONFORMING USES, STRUCTURE, AND USES WITHIN
STRUCTURES
There are some cases where the way land is used doesn't exactly match our planning rules,
but it's still allowed by law. Some of these situations existed before we had our current
planning rules, and others were approved with permits, but the rules changed afterward in a
way that wouldn't allow a similar use today. These are "nonconforming uses," and they are
protected by the Municipal Government Act to some extent.
Similarly, there are buildings that don't meet our current standards for where they're located
on a property, but they were built legally. They are called "non-conforming structures."
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TOWN OF BERWICK MUNICIPAL PLANNING STRATEGY
Because these uses and buildings were legally established, Council is willing to let them
continue within reason.
Policy 5.30
It shall be the policy of Council to consider proposals to expand a non-
conforming use or to change a non-conforming use to another non-
conforming use by development agreement subject to the following
criteria:
a.
The proposal is not prohibited under any other policies of this Plan;
b.
The use will not adversely affect adjacent land uses;
c.
Adequate buffering, setback or separation distances are maintained to
reduce visual and other impacts on surrounding uses;
d.
The expanded use is not obnoxious by virtue of noise, odour, dust,
vibration, smoke or other emission;
e.
Adequate provision is made for the acceptable maintenance and
appearance of the expansion; and
f.
The proposal meets the general evaluation criteria for development
agreements in Policy 5-24.
Policy 5.31
It shall be the policy of Council, through the Land Use By-law, to establish
regulations for non-conforming structure.