Colchester Municipal Planning Strategy — Chapter 39
Colchester, Nova Scotia
· adopted 2025-03-27
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I
Municipality of Colchester
MUNICIPAL PLANNING
STRATEGY
Chapter 39
First Reading: 2025.02.27 | Second Reading: 2025.03.37 | Effective Date: 2025.06.12 | With Amendments to: N/A
I
II
Land
Acknowledgement
In peace and friendship, and in the spirit of truth and
reconciliation, the Municipality of Colchester acknowledges
that it is located in Mi'kma'ki, the ancestral and unceded
territory of the Mi'kmaq. The Mi'kmaq are a diverse and
vibrant people who continue to live and thrive on this land.
From Five Islands (Nankl Mniku'l: five islands) to
Tatamagouche (Taqamiku'jk: a little crossing place) to St.
Andrew's River (Wisunawan: castor place) to North River
(Matawipukwejk: river of the fork) to the base of Mt. Thom
(Kmtnuk: at the chain of mountains) to the many communities
along the Cobequid Basin (We'kopekitk: end of the flow), the
beautiful land of Colchester County has been stewarded by
the Mi'kmaq and their ancestors for over 11,000 years.
All of us who are fortunate to live here in Mi'kma'ki are Treaty
People, bound by the Peace and Friendship Treaties of the
18th century with an inherited responsibility to share and live in
peace on this land. Settler governments, like the Municipality
of Colchester, are tasked with overseeing development and
land use changes as our communities grow and ensuring
responsible use of agricultural lands, water resources,
wetlands, coastlines, and forests to protect the well-being of
our communities and natural ecosystems alike.
The Mi'kmaq, among other First Nations, have a tradition to
assess decisions using the Seventh Generation Principle. The
principle states that decisions made today should ensure a
sustainable world seven generations into the future. Similarly,
the Municipality has a duty to ensure that decisions made
today are in the long-term interest of our residents and the
environment. This Municipal Planning Strategy is a long-
term planning document that will influence Colchester well
beyond the Plan's 10-year lifespan. This Plan is for us, but it's
also for our children and all future generations.
Muiuatmu'kl msit kinu Ankukamkowe'l.
We are all Treaty People.
Mi'kmaw place names obtained from Ta'n Weji-sqalia'tiek /
Mi'kmaw Place Names www.placenames.mapdev.ca.
Colchester
III
Municipality of Colchester - Municipal Planning Strategy
Table of Contents
1.
INTRODUCTION AND CONTEXT
1
1.1
INTRODUCTION
1
1.2
COLCHESTER CONTEXT
3
1.2.1
Community Context
3
1.2.2
A Brief History of Colchester
4
1.2.3
Demographics
5
1.2.4
Governance in The Municipality of the County of Colchester
6
1.3
STATEMENTS OF PROVINCIAL INTEREST
7
1.3.1
Statement of Provincial Interest Regarding Drinking Water
8
1.3.2
Statement of Provincial Interest Regarding Flood Risk Areas
8
1.3.3
Statement of Provincial Interest Regarding Agricultural Land
8
1.3.4
Statement of Provincial Interest Regarding Infrastructure
8
1.3.5
Statement of Provincial Interest Regarding Housing
8
1.4
HOW TO USE THIS MUNICIPAL PLANNING STRATEGY
9
1.4.1
Document Organization
9
1.4.2
Interpretation
9
1.5
A NOTE ABOUT CLIMATE CHANGE
10
2.
PLAN PROCESS
11
2.1
PLAN INCEPTION AND PLAN DEVELOPMENT
11
2.2
PUBLIC ENGAGEMENT
11
2.2.1
Initial Engagement
11
2.2.2
Draft Plan Engagement
12
2.3
KEY ISSUES
12
2.3.1
Community Character & Cohesion
12
2.3.2
Environment
12
2.3.3
Housing
13
2.3.4
Transportation
13
2.3.5
Recreation, Trails, & Open Space
13
2.3.6
Agriculture
14
2.3.7
Infrastructure
14
2.3.8
Economic Development & Diversity
14
3.
VISION STATEMENT
15
3.1
A VISION FOR THE MUNICIPALITY OF COLCHESTER
15
IV
Table of Contents
4.
LAND USE
16
4.1
COMMUNITY STRUCTURE
16
4.1.1
Rural Areas
16
4.1.2
Rural Service Centres
16
4.1.3
Growth Centres
17
4.2
RURAL DESIGNATION AND PERMITTED ZONES
18
4.2.1
Rural General Zone (RG)
19
4.2.2
Rural Residential Zone (RR)
20
4.2.3
Agriculture Potential Zone (AP)
21
4.2.4
Shoreline Zone (SL)
23
4.3
LOWER DENSITY RESIDENTIAL DESIGNATION
24
4.3.1
Lower Density Residential Designation
24
4.3.2
Single Dwelling Unit Zone (R-1)
24
4.3.3
Double Dwelling Unit Zone (R-2)
25
4.3.4
Double Unit Conversion Zone (R-2C)
26
4.4
MEDIUM TO HIGH DENSITY RESIDENTIAL DESIGNATION
26
4.4.1
Medium to High Density Residential Designation
27
4.4.2
Residential Medium Density Zone (R-3)
27
4.4.3
Residential High Density Zone (R-4)
29
4.5
COMMERCIAL DESIGNATION
31
4.5.1
Commercial Designation
31
4.5.2
Commercial Expansion in Tatamagouche
33
4.5.3
General Commercial Zone (C-1)
33
4.5.4
Highway Commercial Zone (C-2)
36
4.5.5
Main Street Zone (MS)
37
4.5.6
Local Commercial Zone (C-4)
38
4.6
INSTITUTIONAL ZONE
39
4.6.1
Institutional Zone (I)
39
4.7
INDUSTRIAL DESIGNATION
41
4.7.1
Industrial Designation
41
4.7.2
Industrial Zone (M)
42
4.7.3
Rural Industrial Zone (RM)
43
4.7.4
Airport Zone (AIR)
44
4.8
PARKS AND OPEN SPACE DESIGNATION
45
4.8.1
Parks and Open Space Designation
45
4.8.2
Parks and Open Space Zone (P-1)
46
4.8.3
Commercial Recreation Zone (P-2)
47
4.9
COMPREHENSIVE DEVELOPMENT DISTRICTS
49
V
Municipality of Colchester - Municipal Planning Strategy
4.10
FLOOD RISK AREAS
51
4.10.1
Boundaries and Flood Plain Areas
52
4.10.2
Accommodating Development in Flood Risk Areas
53
4.10.3
Other Known Flood Risk Areas
54
4.10.4
Land Uses Prohibited in Flood Risk Areas
54
4.10.5
Flood Proofing Standards
55
4.10.6
Ponding, Reinstatement, & Soil Conservation
57
4.10.7
Remedial Measures
58
4.10.8
Mapping Amendments
59
4.10.9
General Flood Plain Issues and Provisions
59
4.11
MI'KMAW LAND ZONE (ML)
61
5.
TOPIC-SPECIFIC POLICIES
62
5.1
GENERAL DEVELOPMENT POLICIES
62
5.1.1
Regulation of Buildings and Lots
62
5.1.2
Accessory Structures
63
5.1.3
Non-conforming Uses and Structures
63
5.1.4
Signage
63
5.2
RESIDENTIAL DEVELOPMENT
64
5.2.1
Home Occupations
64
5.2.2
Residential Facilities and Small Options Homes
65
5.2.3
Accessory Dwellings
65
5.2.4
Cluster Developments
65
5.2.5
Manufactured Housing and Land Lease Communities
67
5.3
TRANSPORTATION
68
5.3.1
Public Arterial and Collector Roads
68
5.3.2
Public Local Roads
68
5.3.3
Private Roads
69
5.3.4
Regional Transportation Connections
69
5.3.5
Sidewalks + Active Transportation
70
5.3.6
Automobile Parking
71
5.3.7
Electric Vehicle Charging
71
5.4
SERVICING
72
5.4.1
Introduction
72
5.4.2
Sewer Services
73
5.4.3
Water
74
5.4.4
Storm Water Management
75
5.4.5
Solid Waste Facilities
76
5.4.6
Utilities
76
VI
Table of Contents
5.5
ENVIRONMENTAL MANAGEMENT
76
5.5.1
Watercourses
76
5.5.2
Shoreline Development
77
5.5.3
Forest Management
78
5.6
PARKS, RECREATION, AND COMMUNITY FACILITIES
79
5.6.1
Park Dedication
79
5.6.2
Racetracks and Outdoor Shooting Ranges
80
5.6.3
Community Facilities
81
5.7
ENERGY
82
5.7.1
Solar Panels
82
5.7.2
Wind Turbines
83
5.7.3
Other Energy Systems
83
6.
IMPLEMENTATION
84
6.1
ADMINISTRATION
84
6.1.1
Statements of Policy
84
6.1.2
Effective Date and Repeal
84
6.1.3
Regional Cooperation
85
6.1.4
Inter-municipal Planning
86
6.2
LAND USE BYLAW AND SUBDIVISION BYLAW
87
6.2.1
Land Use Bylaw
87
6.2.2
Subdivision Bylaw
87
6.2.3
Implementation of the Land Use and Subdivision Bylaw
88
6.2.4
Amending the Land Use Bylaw
88
6.2.5
Variances
89
6.3
SITE PLAN APPROVAL AND DEVELOPMENT AGREEMENTS
90
6.3.1
Site Plan Approval
90
6.3.2
Development Agreements
90
6.3.3
Evaluating Land Use Bylaw Amendments and Development Agreements
92
6.4
ENGAGEMENT AND NOTIFICATION
94
6.5
MONITORING, REVIEWING, AND UPDATING THIS PLAN
94
6.5.1
Municipal Planning Strategy Reviews
94
6.5.2
Amendments to the Municipal Planning Strategy
95
7.
SCHEDULES
96
7.1
SCHEDULE 'A' - GROWTH CENTRES MAP
96
7.2
SCHEDULE 'B' - FUTURE LAND USE MAP
96
1
1. Introduction and Context
1.1
INTRODUCTION
Land use planning is a key tool used by
municipalities to prepare for and manage
growth and development moving from the
present into the future. It is a collaborative
process designed to support residents,
businesses, service providers, and civic
leaders in creating and implementing a shared
vision for the unique communities that make
up their region. Practically, land use planning
provides a framework to direct land use by
establishing policy that guides how land
is used, where growth and development
happens, and how and where buildings should
locate. Planning needs to be specific to a
community; planning documents designed
for a rural community will be very different than
those established for larger towns and cities.
Colchester will require more flexibility than
other areas to recognize the blend of largely
rural areas and more developed communities.
Land use planning is also a valuable tool for
municipalities to help guide investments
in infrastructure, prepare for demographic
changes, support economic development,
and protect environmentally sensitive areas.
It can be used to promote development that
is consistent with the municipality's character
and culture. For Colchester this means
finding the right balance between regulation
and flexibility.
The Municipal Government Act (the "Act")
requires all areas of a municipality be subject
to a land use planning program. Before 2018,
the implementation of planning was not a
legislated requirement and municipalities
applied planning tools at their discretion,
often in response to development
pressures. In the Municipality of the County
of Colchester land use planning has been
utilized since the early 1980s. Communities
with sewer service capacity around the
2
periphery of the Town of Truro were under
significant development pressure and land
use planning was applied to Bible Hill, Valley,
Salmon River, Hilden, and Lower Truro-Truro
Heights. The five community Plans were
consolidated in 1993, and the planning
area extended to include an approximately
6-kilometre radius around the Town of Truro.
In 2001, a municipal planning strategy and
land use bylaw were created for the Village
of Tatamagouche to manage incompatible
land uses, heritage preservation, waterfront
development, signage, mobile homes, and
higher density residential uses. Central/
Upper Onslow became a Growth Centre in
2015 with the extension of sewer services.
Despite this long history of planning, much
of the land area in the municipality was
unplanned until the implementation of this
current Municipal Planning Strategy (MPS).
This Municipal Planning Strategy establishes
the long-term vision, goals, and policies for
growth and development in the Municipality
of the County Colchester, building on
the foundations of previously established
planning documents and incorporating
unplanned areas with strategies specific
to those communities. This Municipal
Planning Strategy provides statements of
policy that reflect Council's intentions for
the management of land use in Colchester.
The vision, goals, and policies are based
on public engagement and respond to
the issues and challenges, ideas and
perspectives identified in Colchester.
Major tools for implementing the polices of
the Municipal Planning Strategy are the Land
Use Bylaw and Subdivision Bylaw. The Land
Use Bylaw establishes the specific standards
and rules for development. The Subdivision
Bylaw lays out the steps and requirements
for creating smaller areas of land out of
larger areas of land. All together these three
documents largely govern how land use,
growth, and development happen.
Cumberland
Stewiacke
Truro
Millbrook
Halifax
Pictou
Colchester
East Hants
Tatamagouche
Bible Hill
Lower Truro/
Truro Heights
Salmon River
Valley
Hilden
Debert
N o v a S c o t i a
M I N A S B A S I N
C O B I Q U I D B AY
3
Municipality of Colchester - Municipal Planning Strategy
1.2
COLCHESTER CONTEXT
1.2.1
Community Context
The Municipality of the County of Colchester
("Colchester" or "the municipality") is located
in north central Nova Scotia with a land area
of approximately 3,578 square kilometres.
Colchester shares land boundaries with the
Municipality of the County of Cumberland,
the Municipality of the District of East Hants,
the Municipality of the County of Pictou, and
Halifax Regional Municipality. The Town of
Stewiacke, Town of Truro, and Millbrook
First Nation are all located within Colchester
County but are governed independently
and do not fall within the jurisdiction of the
Municipality. Significant population centres in
Colchester include Bible Hill, Valley, Salmon
River, Hilden and Lower Truro-Truro Heights,
Tatamagouche, and Debert.
4
1 Introduction and Context
1.2.2
A Brief History of Colchester
Evidence of early societies in the region
has been found through Archeological
investigations in Debert and can be dated
as far back as 11,000 years to ancestors of
the Mi'kmaq. The Mi'kmaq have a long and
rich tradition in the region that is now known
as Colchester County. They have lived in
the area for thousands of years, traditionally
relying on fishing, hunting, and gathering
for sustenance. The Mi'kmaq had and have
a deep connection to the land, rivers, and
coastlines of the region.
The 16th and 17th centuries saw European
explorers, such as French fisherman and
later British traders make contact with the
Mi'kmaq in the area. These interactions
sometimes resulted in trade relationships
with the Europeans, with the exchange
of furs, such as beaver and other pelts,
for European goods like metal tools and
weapons. However, Mi'kmaq communities
were also subject to colonial policies of
aggression, conflict, and assimilation which
deeply impacted these communities in ways
that are still evident today.
By the 1700s, Acadian settlers began to
move into the Cobequid region. Acadians
also began to settle in the Tatamagouche
area where they cleared land for agriculture,
ran mills, mined, and smelted copper. A trail
over the mountains had been established
by the 1750s linking Tatamagouche to
Cobequid (what is now Truro) where as
many as 150 Acadian families lived. Acadian
settlers were skilled in farming dykelands in
France and they applied this knowledge to
the fertile marshlands in the Cobequid Bay
area and along the coastal lowlands of the
Northumberland Strait. The growth of the
Acadian community in Cobequid continued
until the expulsion of the Acadians by the
British began in 1775, while the Acadians in
Tatamagouche were deported earlier in 1755.
Following the deportation of the Acadians
the British brought people in to settle
vacated lands.
For much of Nova Scotia's early colonial
history it was only the larger population
centres that were incorporated as local
governments. However, in 1879 the Province
established rural municipalities through the
County Incorporation Act, a predecessor
of the Municipal Government Act. The
Municipality of the County of Colchester
was one such rural municipality. The
most developed areas are the Village of
Tatamagouche, Debert, and the communities
surrounding Truro which include Central/
Upper Onslow, Bible Hill, Valley, Salmon River,
Hilden, and Lower Truro-Truro Heights.
Looking across the Salmon River to Bible Hill 1894 - NovaMuse
Population
Year
32,500
33,000
33,500
34,000
34,500
35,000
35,500
36,000
36,500
37,000
1991
1996
2001
2006
2011
2016
2021
Population Under 65
Decreasing
Population 65+
Increasing
34,093
36,040
+5.4%
1991
2021
Factors Not Captured
in Population Data
Aging Population
Post-Secondary
Education
Seasonal
Residents
Seasonal
Workers
Net Positive
Population Change
Colchester Population 1991-2021
5
1.2.3
Demographics
According to Statistics Canada, the
population of Colchester increased from
34,093 in 1991 to 36,040 in 2021, a 5.4%
increase. This is a slower rate of increase
than what has been experienced by the
whole of Nova Scotia over the same period.
While the overall 30-year population
trend was net positive, population in the
municipality peaked in 2011 and has slowly
declined since.
Trends indicate that the population of
Colchester is also aging. The number of
residents over 65 has increased significantly
in the past 20 years while the overall number
of residents below 65 decreased. Household
sizes have also decreased. This trend of an
aging and declining population is consistent
with the experience of nearby communities
and the province when excluding major
urban centres.
It is important to note that the 2021 Census
does not fully capture the impact of
relocations to and within the province in the
wake of the COVID-19 pandemic. Population
estimates produced by the Nova Scotia
Department of Finance show a 3.2% increase
province-wide for the period of July 1, 2022
to July 1, 2023. While the exact geographic
distribution of this influx is not publicly known,
the result is that communities throughout
Nova Scotia, including Colchester, are likely
experiencing some growth pressures.
It is also important to acknowledge
that census data is based on place of
primary residence, and does not count
seasonal residents, temporary workers,
or post-secondary students who are
from elsewhere. As an area that has been
historically attractive for recreational and
seasonal residences, and also hosts a post-
secondary school, Colchester will have
needs in terms of housing, commercial
services, and more that are not perfectly
aligned with census data alone.
6
1 Introduction and Context
1.2.4
Governance in The Municipality of
the County of Colchester
MUNICIPAL COUNCIL AND COMMITTEES
Municipal Council is the elected body that
undertakes the duties and responsibilities
given to the Municipality. Council consists
of 12 elected representatives--11 Councillors
and 1 Mayor-- holding four-year terms.
These representatives are responsible for
decision making in the Municipality, including
approving budgets and making decisions on
land use planning matters.
Several standing committees support
Municipal Council in its decision making,
including the Regional Tourism Committee,
Regional Emergency Management Advisory
Committee, Central Colchester Planning
Advisory Committee and Tatamagouche
Planning Advisory Committee. The Planning
Advisory Committee and the Tatamagouche
Planning Advisory Committee are
responsible for advising Council on planning
matters generally, including the preparation
or amendment of planning documents.
7
Municipality of Colchester - Municipal Planning Strategy
MUNICIPAL RESPONSIBILITIES
The Municipality of the County of
Colchester, through Council, provides
numerous important services to residents
and businesses. These include critical
infrastructure items like roads, sewer, and
water; fire protection services; recreation;
building inspection; and bylaw enforcement
and land use planning services.
All municipal units in Nova Scotia are
given powers and responsibilities through
provincial legislation in the form of the
Municipal Government Act, apart from
Halifax, which is empowered by the Halifax
Charter. The Municipal Government Act
or "Act", details what municipalities can
and must do to fulfill their roles. The Act
determines what municipalities can regulate
through land use planning, along with
minimum standards for planning.
1.3
STATEMENTS OF
PROVINCIAL INTEREST
The Province of Nova Scotia has established
five Statements of Provincial Interest,
which are intended to support sustainable
development across the province. While
land use planning is an activity that is largely
undertaken by municipalities, the Province,
through legislation, can help to ensure
all municipalities operate under the same
planning framework and to protect interests
and values held across the province. The
Statements of Provincial Interest are one way
of doing so and deal with five topics that are
relevant to the Municipality of the County of
Colchester:
Each Statement of Provincial Interest includes
a set of provisions that must be identified in
land use planning documents. This Municipal
Planning Strategy, and accompanying
Land Use Bylaw, address the Statements of
Provincial Interest as outlined below.
Statement of Provincial
Interest Regarding
Drinking Water
Statement of Provincial
Interest Regarding
Flood Risk Areas
Statement of Provincial
Interest Regarding
Agricultural Land
Statement of Provincial
Interest Regarding
Infrastructure
Statement of Provincial
Interest Regarding
Housing
8
1 Introduction and Context
1.3.1
Statement of Provincial Interest
Regarding Drinking Water
GOAL: To protect the quality of drinking
water within municipal water supply
watersheds.
This Plan identifies the source waters for the
public drinking water supplies within the
Municipality's boundaries, requires Council
to include development agreement controls
or reject discretionary planning approval
for proposals that present an unacceptable
risk to source water areas, prohibits specific
high-risk uses within source water areas,
includes a commitment to developing
source water zoning tailored to each source
water area in partnership with the applicable
Source Water Committees or Towns, and
establishes a watercourse buffer to limit risks
to watercourses.
Applicable policies: Policy 5-46, Policy
5-47, Policy 5-48, Policy 5-49, Policy 5-49A
Policy 5-55
1.3.2
Statement of Provincial Interest
Regarding Flood Risk Areas
GOAL: To protect public safety and property
and to reduce the requirement for flood
control works and flood damage restoration
in flood plains.
Colchester includes the Salmon River
and North River, which are specific rivers
identified within the SPI. This Plan includes
a comprehensive approach to limiting
development within the 1:20 flood plain,
and requiring flood proofing within the 1:100
flood plain. This Plan also applies flood
proofing requirements and restrictions
on certain uses on provincially-regulated
marshlands and lands that have been
mapped through the Municipal Flood
Mapping Program. There is also policy to
expand once that project is complete for
the Northumberland coast.
Applicable policies: Policy 4-112 through
Policy 4-141
1.3.3
Statement of Provincial Interest
Regarding Agricultural Land
GOAL: To protect agricultural land for the
development of a viable and sustainable
agriculture and food industry.
This Plan establishes the Agriculture Potential
(AP) Zone, which identifies agricultural
land as defined in the SPI and limits
subdivision activity in these areas. This Plan
is also broadly permissive of agriculturally-
supportive activities, such as farmers'
markets, agritourism, farm worker housing,
and processing industries.
Applicable policies: Policy 4-19 through
Policy 4-23
1.3.4
Statement of Provincial Interest
Regarding Infrastructure
GOAL: To make efficient use of municipal
water supply and municipal wastewater.
This Plan establishes a structure of community
types and focuses sewer and water
infrastructure within Growth Centres to limit
unsustainable expansion of these systems.
This Plan also enables and encourages higher
densities of development where sewer and
water are available, to make efficient use of
these systems.
Applicable policies: Policy 5-38 through
Policy 5-45
1.3.5
Statement of Provincial Interest
Regarding Housing
GOAL: To provide housing opportunities to
meet the needs of all Nova Scotians.
This Plan is strongly supportive of a broad
spectrum of housing types and densities
suited to each of the specific community
types. This Plan also treats manufactured
housing and supportive housing the same as
other dwellings of a similar scale.
Applicable policies: Policy 5-10, Policy
5-13, Policy 5-14, Policy 5-19, Policy 5-20
9
Municipality of Colchester - Municipal Planning Strategy
1.4
HOW TO USE THIS
MUNICIPAL PLANNING
STRATEGY
This Municipal Planning Strategy ("MPS" or
"Plan") plays a specific role in guiding the
future of the Municipality of the County
of Colchester by establishing a set of
policies that will manage and direct growth
over this planning period. These policies
are accompanied by and implemented
through the Land Use Bylaw, a document
that contains standards and regulations for
development, or through the Subdivision
Bylaw, which contains standards and
specifications for dividing land.
1.4.1
Document Organization
This Municipal Planning Strategy is divided
into six chapters:
1. The Introduction and Context chapter
provides contextual information about
the Municipality of Colchester, how it is
governed, and establishes the purpose,
role, and scope of the Municipal Planning
Strategy.
2. Plan Process outlines how this Municipal
Planning Strategy was developed,
including summary documentation of the
public engagement undertaken to inform
its development.
3. Vision Statement for the Municipality
of the County of Colchester is laid out
in Chapter 3. The Vision is a high-level
statement that guides all policies within
this plan and accompanying regulations.
The Vision provides context and forms
the basis for decision making in land use
planning matters.
4. Land Use polices that establish the
various land use designations and zones.
5. Topic-specific Polices covering
planning issues that are independent of
individual land use designations, such
as transportation, servicing, and coastal
development.
6. Plan Implementation provides the
framework for the Municipality to
implement this Municipal Planning
Strategy. The plan must be feasible
from a land use, administrative and legal
perspective. This chapter also includes
the framework for the monitoring and
effective implementation of the plan and
how to examine the Municipality of the
County of Colchester's progress towards
achieving its goals and vision.
1.4.2
Interpretation
This Plan is a statutory legal document. The
language within it is intended to be precise
and specific to outline the expectations of
the Municipality and the public for growth
and development. In this Plan, where:
- "may" is used in policies, the Municipality
may, but is not obliged to undertake future
action; and
- "shall" is used in policies related to land
use, the policy is mandatory and will
typically be implemented through the
Land Use Bylaw.
- This Plan uses illustrations, images, and
maps to provide context to support the
policies within. For clarity:
- Diagrams, sketches, or photos in this Plan
are provided for illustrative purposes only
and do not form the legal basis of this
Plan.
- Schedules, which are provided at the end
of the plan, form part of this plan and its
legal foundation, and they should be read
in concert with the policies of this plan.
Nothing in this Plan shall affect the
continuance of land uses that are lawfully
in existence as of the date of this Plan
coming into effect. Development that was
legally initiated prior to the existence of
this plan can continue without needing to
come into compliance with any regulation
or policy, subject to the provisions for
non-conforming uses and structures
(Subsection 5.1.3).
10
1.5
A NOTE ABOUT CLIMATE
CHANGE
Climate change has already begun to
affect residents, properties, and safety in
Colchester, and the impacts in this region
are expected to worsen during the 21st
century. Increased duration and intensity
of heat waves; increased ocean surface
water temperature; expanded invasive
species habitats (like ticks); increased risk of
wildfire; increased intensity, frequency, and
duration of rainfall events; and decreased
annual snowfall are all examples of the ways
climate change is impacting life here in the
municipality.
This Municipal Planning Strategy considers
the climate science and known risks that
are available as of its writing, but the climate
context is ever changing and there are
many unknowns. Colchester Council has
demonstrated its commitment to addressing
climate change through its membership in
the Partners for Climate Protection program
since 2016, the adoption of the Carbon-Free
Colchester Community Energy & Emissions
Plan in 2022, creation of sustainability-
specific staff positions, creation of the Solar
Colchester and Cozy Colchester residential
financing programs, and more. As the climate
continues to change and impact Colchester
residents in anticipated and unanticipated
ways, Colchester Council commits to
remaining flexible and making decisions that
are in the best interest of the community and
based on solid climate science evidence
and best practice.
Climate change is an underlying theme
throughout this document, as it impacts all
facets of municipal operations and everyday
life in our communities. Growth, investments
in infrastructure, and changes to land use
must occur in a manner that reduces our
contribution to the causes of climate change
while also reducing exposure to climate
hazards and risks to people, property,
and critical infrastructure. Climate resilient
planning and decision making can save
millions of dollars in avoided costs and
damages and create communities that are
more livable and biodiverse.
Topics that are particularly relevant
to climate change mitigation and
adaptation include parks and open space,
energy, transportation, flood risk areas,
environmental management, and coastal
development.
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Municipality of Colchester - Municipal Planning Strategy
2. Plan Process
2.1
PLAN INCEPTION AND PLAN
DEVELOPMENT
The creation of the Municipality of the
County of Colchester's Municipal Planning
Strategy and Land Use Bylaw, a project
called "Plan It Colchester", was launched by
the Municipality in March of 2023. In order
to generate an informed planning program,
Plan It Colchester began with an extensive
public engagement program with the
outcome of producing an Engagement and
Recommendations Report. In preparing the
Engagement and Recommendations Report,
Plan It Colchester utilized an interactive
engagement process with ample public
consultation, background research, and
policy and regulatory development.
Background research involved conducting
demographic, socio-economic, and spatial
analysis to understand how the municipality
has changed and what the current state of
land use was. The project was led by the
Municipality's Planning Advisory Committee.
Plan It Colchester originated from legislative
changes by the Province of Nova Scotia that
required all land in the province to be the
subject of land use controls.
2.2
PUBLIC ENGAGEMENT
2.2.1
Initial Engagement
The initial public engagement for Plan It
Colchester took place between March and
July of 2023. Participants were invited to
share their perspectives and insights on
land use and their vision for the future of
Colchester.
To ensure that the findings accurately
represented the diverse population
of Colchester, multiple methods of
engagement were used, including:
Planning Advisory Committee
and Municipal Council
engagement sessions
Stakeholder engagement
sessions
Agricultural sector engagement
session
Six public open houses
Three pop-up events
Online interactive mapping
activity
Public survey
Abutting municipalities and
First Nations engagement
12
2 Plan Process
These activities were promoted through the
following avenues:
- Municipal website
- Municipality's social media feeds
- Project webpage
- Municipal newsletter
- Postcards (sent to every civic address
in Colchester)
- Community pop-up events
- Direct emails and phone calls to
stakeholders
The results from the initial phase
of engagement were summarized
into a detailed Engagement and
Recommendations Report. The summary
included a qualitative analysis of the
responses received from community
members and stakeholders during the
initial round of engagement.
Taken together, the information gathered
during the initial phase of engagement
was foundational to the development of
policies and regulations contained within
this Municipal Planning Strategy and the
Land Use Bylaw.
2.2.2
Draft Plan Engagement
Once the project team developed drafts
of the planning documents community
members were invited to review them and
provide feedback on what was good
and, more importantly, what needed to be
changed. This draft engagement included a
number of methods, including:
-
Six public open houses
-
Agricultural sector session
-
Meetings with the Bible Hill and
Tatamagouche Village Commissions
-
Online feedback form
-
One-on-one phone calls and email
follow-ups with interested parties
The project team summarized the results of
the draft engagement in a What We Heard
and Policy Direction Report and then met
with the Planning Advisory Committee
and Council to discuss how the planning
documents should be updated to respond
to the draft engagement comments.
2.3
KEY ISSUES
The initial engagement phase provided a
wealth of information relevant to the planning
process and a wide breadth of topics
were discussed and documented. Some
topics were present across all engagement
activities, while others were less common.
Through an analysis of the engagement data
collected, eight major issues emerged. This
Municipal Planning Strategy fundamentally
seeks to address these Key Issues.
2.3.1
Community Character & Cohesion
Participants greatly valued the character
of Colchester, citing a diverse landscape,
rich culture, and close access to natural
areas. The municipality is described as
beautiful, friendly, and picturesque. Central
to engagement discussions was the
importance of protecting and maintaining
the rural lifestyle and strengthening
community cohesion across the municipality.
Maintaining the rural lifestyle and small-
town atmosphere in Colchester is extremely
important to residents and was identified as
the principal reason many decided to live
in the community. Participants wanted to
build a cohesive and inclusive community.
Residents expressed a desire that new
planning standards do not overregulate
rural areas, ensure that commonplace rural
activities continue to be permitted, and
promote development consistent with the
existing development pattern or character of
a community.
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Municipality of Colchester - Municipal Planning Strategy
2.3.2
Environment
The environment emerged as a major
topic that--while building on the theme
of community character and cohesion
above--is extremely important in its own
right. Engagement participants extensively
emphasized that the protection and
conservation of the environment is essential
to the future of Colchester. The municipality
is in a beautiful natural environment with a
range of geographies, including coastal
lowlands, the Cobequid Mountains, dense
forests, bucolic farmlands, rivers, lakes, and
beaches all present. This variety of open
and green spaces available to residents
has led to a deep connection with the
environment. The impacts of climate change
were a frequently cited concern. Residents
in coastal communities felt particularly
vulnerable to erosion and flooding.
Participants expressed concern for the
water quality of rivers, streams, and lakes and
the availability of drinking water. Generally,
respondents expressed a desire to see
stronger regulations protecting the natural
environment.
Participants also provided feedback
regarding renewable energy, and wind
turbines in particular. People raised concerns
about aesthetics, impacts on resident quality
of life, and impacts on wildlife. The majority
of these concerns were centered around the
Wentworth Valley area.
2.3.3
Housing
Access to affordable and appropriate
housing is a rising concern across
Colchester and was identified as a high
priority among residents. Issues related
to housing were perceived by many
participants to be disproportionately
affecting young people entering the
housing market, low-income individuals, and
seniors seeking appropriate housing for
their changing needs. The need to increase
housing stock, improve access, and diversify
options were all desired by engagement
participants, provided new options are
balanced with existing residential character.
2.3.4
Transportation
Transportation was a commonly discussed
topic throughout engagement. Colchester
was generally identified as being a car-
centric community and there was a
desire to decrease this reliance as the
population changes through growth and
shifting demographics. Concern was
raised among participants for those who
do not have access to a vehicle, along
with residents who are aging and may lose
transportation independence if options
are not improved. Two major subthemes of
transportation were public transportation
and active transportation. There was broad
support for improving public transportation
in Colchester. Improvement of active
transportation infrastructure also saw broad
support. Suggestions among participants
included better sidewalk maintenance,
improved lighting, increased bicycle
parking at popular destination like schools
and community hubs, and traffic calming
measures.
2.3.5
Recreation, Trails, & Open Space
Parks, trails, and access to open spaces
were all identified as key to making
Colchester a great place to live. Participants
were proud of existing parks along with the
high level of maintenance provided. Access
to recreation programs and activities was
an area where improvements could be
made. Travelling outside of the municipality
to places like the Town of Truro or Halifax
Regional Municipality for recreation was
identified as not uncommon. Consistency
and diversity of programing was cited as
the primary reason for travel related to
recreation. Residents would like to see a
balance of program offerings across the
municipality, specifically in more rural areas
along with transportation support.
Participants stressed the need to provide
sufficient public space in all areas and that
leisure activities meet the diverse needs of
all residents.
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2 Plan Process
2.3.6
Agriculture
Agriculture, along with the agricultural
community, is integral to the fabric of
Colchester. The importance of the
agricultural sector was widely recognized
by engagement participants. Residents
want to ensure that Colchester remains
a strong agricultural base in Nova Scotia.
Within the agricultural community there were
hesitations about the introduction of planning
regulations. For many farmers, their single
greatest asset is the land they hold and if
development potential of the land is reduced
their plans may be affected. However, there
was a desire on the part of the agricultural
community to find a balanced path forward
that protects agricultural land while giving
farmers the opportunity to benefit from their
land holdings. Many residents also wanted to
ensure land use regulations do not impede
smaller scale hobby farms.
2.3.7
Infrastructure
Infrastructure should meet the needs of all
residents. Engagement participants identified
several infrastructure priorities to leverage
opportunities and accommodate changing
trends. Primary topics related to infrastructure
were quality of roads, infrastructure to
accommodate growth, and internet and
cellular service. There were concerns in the
community that infrastructure capacity within
serviced areas is at or nearing capacity.
2.3.8
Economic Development & Diversity
Economic development and diversity play
an integral role in ensuring a community can
reach its potential. Participants across all
methods of engagement describe a vibrant
economy for the future of their communities.
Survey participants envisioned a community
with a vibrant economy as being one that is
well balanced and that supports the start-
up of diverse businesses while protecting
existing businesses from incompatible
development, providing equitable, meaningful
employment, working towards sustainability.
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Municipality of Colchester
3. Vision
Statement
3.1
A VISION FOR THE
MUNICIPALITY OF
COLCHESTER
A Vision Statement establishes the long-term
desired outcomes of the Municipality. The
Vision reflects the ambitions and aspirations
of the community and helps to answer the
question, "what do we want to be and why?"
It provides a benchmark for all of Council's
decisions, irrespective of changes in the
Municipality's leadership or management.
The vision for the future of the Municipality of
Colchester is:
The Municipality of the County
of Colchester is a beautiful,
welcoming community that deeply
values its rural and agricultural
roots. We envision a future where
our communities are healthy,
environmentally resilient, and
economically prosperous - where
we take full advantage of our central
location in the province and harness
our opportunities for connection:
with nature, within our communities,
and in the wider region. We envision
a community that has a diversity of
housing and employment options
to meet the diverse needs of our
residents and empower them to lead
rich, fulfilling lives.
Policy 3-1: Council shall, through the
policies of this Plan and through the Land
Use Bylaw, implement the Vision for the
Municipality of the County of Colchester.
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4 Land Use
4. Land Use
4.1
COMMUNITY STRUCTURE
The Municipality of Colchester has a diverse
landscape, with each community holding its
own unique identity, scale, and character.
However, there are also some similarities to be
found across communities, and from a land use
and development perspective each area within
the municipality can be broadly characterized
into one of two categories: Growth Centres and
Rural Areas.
4.1.1
Rural Areas
The vast majority of the land area within the
municipality is rural in nature. These areas are
characterized by natural areas, agricultural
uses, resource-based development, and larger
recreational areas. Many of the municipality's
residents call the rural areas home, although
residential densities tend to be lower than
can be found in the Growth Centres. Most
infrastructure in these areas is either privately or
provincially owned and managed.
Generally, this Municipal Planning Strategy
intends to:
- Encourage the establishment of rural types of
development in these areas;
- Identify, protect, and enhance the natural
resources and qualities essential to retaining
a healthy rural environment;
- Reduce the fragmentation of farmland that
could restrict future expansion of farms and
support the farming community's efforts
to increase the economic viability of the
agricultural industry;
- Provide opportunities for rural subdivision
development;
- Minimize conflicts between resource uses
and non-compatible land uses;
- Identify areas of environmental significance
and aim to protect these through
management, conservation and preservation.
4.1.2
Rural Service Centres
Within the rural areas are communities that
feature a denser form of development and
provide a range of services to the surrounding
area. These communities may also feature
a limited range of municipal services such
as sewer, water, or sidewalks. However, for
reasons such as geographical location or
servicing constraints, these communities are
not expected or intended to see the same level
of growth as the Growth Centres described
below, and will maintain much of their rural
character. As such, these communities will be
identified as "Rural Service Centres". Rural
Service Centres include:
- Brookfield
- Great Village
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Municipality of Colchester - Municipal Planning Strategy
4.1.3
Growth Centres
Growth Centres encompass the
communities with central water, central
sewer, or both. The presence of these
central services-and central sewer in
particular-supports smaller lot sizes and
higher densities of development. These
communities are also typically characterized
by a wider range of residential options and
commercial services, and may host other
types of municipal infrastructure, such as
sidewalks. In the Municipality of Colchester,
Growth Centres typically fall within the areas
with a long history of Land Use Planning.
Growth Centres include:
- Bible Hill
- Debert
- Hilden
- Lower Truro - Truro Heights
- North River
- Central/Upper Onslow
- Salmon River
- Tatamagouche
- Valley
The general approach of this Municipal
Planning Strategy is to:
- encourage the establishment of
rural service communities or urban
development in these areas;
- provide a range of residential, commercial,
industrial, institutional, and recreational
land use types appropriate to the
development patterns of each Growth
Centre;
- provide a variety of urban services to each
Growth Centre including but not limited
to solid waste services, sewage collection
and treatment, public parkland, street
lighting, sidewalks, street paving, and
storm water management systems; and
- encourage a development pattern that
efficiently uses these services.
Policy 4-1: Council shall, on Schedule 'A',
Growth Centres Map, create and define
urban Growth Centres for lands that
are serviced by municipal water supply,
municipal sewage collection systems, or
both, based on previous planning strategies
and the current extent of municipal service
delivery.
Policy 4-2: Council shall encourage higher
densities of development and more intensive
uses to establish within Growth Centres
to make efficient use of infrastructure
investments and discourage sprawl
development.
Policy 4-3: Council shall promote compact
settlement form and efficient utilization of
land through smaller lot sizes and a focus on
infill development.
Policy 4-4: Council shall not expand the
Growth Centre boundaries until a need for
additional land is demonstrated and ensure
that any such changes be considered in
the context of other municipal planning and
growth management initiatives.
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4 Land Use
4.2
RURAL DESIGNATION AND
PERMITTED ZONES
Historically, land use planning in the rural
areas of Colchester has been limited. The
main efforts in this regard were in relation to
the "rural fringe" area of Central Colchester,
where planning was introduced in 1994. Until
that time development occurred randomly
with little regard for the land use patterns
beginning to emerge. Preparation of the
Municipality's Service Delivery Strategy at
that time motivated Council to seriously
consider the sprawl or ribbon development
becoming evident in most peripheral rural
areas and the added public costs that this
represented. Since this area was under
pressure to develop and there had been
a tendency to "leap frog" into areas with
lower tax rates it became necessary to
utilize a basic form of land use planning as
a means of guiding development with the
future in mind. Council's planning efforts of
the time have now been shown to be largely
successful, with subsequent development
in the "rural fringe" of Central Colchester
occurring in a much more financially and
environmentally sustainable manner.
Outside of the "rural fringe" and the
undeveloped areas of Tatamagouche, no
rural land use planning has occurred until
the adoption of this current Municipal
Planning Strategy. While there are
development pressures in other rural
areas that warrant thoughtful management,
perhaps the biggest issue is ensuring
the traditional rural economy--particularly
agriculture--is recognized, encouraged,
and protected from encroachment by
incompatible land uses.
Other issues in the rural areas of the
municipality include thoughtful coastal
development, and sustainable development
around the municipality's many lakes.
The Rural Designation is meant to guide land
use planning and development decisions
with respect to the rural lands in the
municipality.
Policy 4-5: Council shall establish, on
Schedule 'B', the Future Land Use Map, the
Rural Designation.
Policy 4-6: Council shall, in the Land Use
Bylaw, permit the following zones in the Rural
Designation:
a. Agriculture Potential Zone (AP)
b. Commercial Recreation Zone (P-2)
c. Shoreline Zone (SL)
d. Rural General Zone (RG)
e. Rural Industrial Zone (RM)
f. Rural Residential Zone (RR)
g. Institutional Zone (I)
h. Parks and Open Space Zone (P-1)
i. Mi'kmaw Lands Zone (ML)
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Municipality of Colchester - Municipal Planning Strategy
4.2.1
Rural General Zone (RG)
Issues associated with the Rural General
Zone are different than those in Growth
Centres. The fact that many urban types
of services are not available such as
central sewer has produced low density
development characteristic of most other
rural parts of Nova Scotia. Larger lot sizes
combined with traditional values has resulted
in a seemingly tolerant mix of land uses. The
occurrence of commercial and resource
activities interspersed with residential uses
is a natural expectation in these areas and
to date have typically coexisted with little
difficulty. Accordingly, this Plan will reflect a
more flexible approach to land use planning
in the Rural General area.
The physiographic characteristics of the
rural areas has enabled a diversity of land
use activities, including agriculture, forestry,
and mineral extraction. With much of the
agricultural activity in the municipality
covered by the Agriculture Potential
Zone, the key resource-based issues in
the Rural General Zone are forestry and
mineral extraction. Wood harvesting and
processing operations are abundant in this
zone, particularly in the northern and eastern
areas. The scale of these operations varies
from portable or temporary sawmills to
large permanent facilities, such as the mill
in Valley. Forest management practices that
reduce runoff, erosion and sedimentation
as well as product storage, noise, odor, and
commercial traffic are among the primary
issues associated with this land use activity.
Gravel extraction is most evident in the North
River area where massive deposits are situated
in low lying areas east of the river. This type of
mining activity is regulated under the Pits and
Quarries Act and consequently, the Municipal
Government Act only enables municipalities
to deal with permanent processing and sales
matters. The Land Use Bylaw should however
address separation distances, bulk storage,
and the location of permanent machinery used
to process aggregate.
Residential development in the Rural General
Zone is typically lower density than in Growth
Centres. However, it would be incorrect to
classify all rural residential development
the same. For example, over the past
decades, the rural fringe area around Central
Colchester, as well as portions of Masstown,
have seen a suburban form development,
likely due to close proximity to jobs and
services. Conversely, the Brule Shore and
many areas along the Bay of Fundy feature
dense mixes of cottage and permanent
residential development on private roads.
Other areas of the Rural General Zone often
feature very sparse residential development
along provincial roads.
Policy 4-7: Council shall, through the Land
Use Bylaw, establish the Rural General
Zone. This land use zone is intended to
accommodate a range of lower density rural
development throughout the rural areas
of the municipality and to encourage the
continued and sustainable development
of resource-based land uses such as
agriculture and forestry.
Policy 4-8: The Rural General Zone shall
permit low density residential uses, a
variety of commercial and institutional
land uses, light industrial uses, and a
variety of resource-based uses including
agriculture and forestry uses. This zone
shall also permit multiple dwelling units
on a lot to accommodate alternatives to
traditional subdivisions, such as bare land
condominiums; however, conditions in the
Land Use Bylaw shall restrict the overall
density and form of dwellings to maintain the
rural nature of this zone.
Policy 4-9: The Rural General Zone shall
be applied on the zoning map of the Land
Use Bylaw as the default zone outside of
Growth Centres for lands that have not been
identified for other zones.
Policy 4-10: The Rural General Zone shall
permit existing industrial uses that have
been established prior to the effective
date of the Land Use Bylaw provided any
enlargement or reconstruction of the use
meets the requirements established in the
Land Use Bylaw.
20
4 Land Use
Policy 4-11: Council shall, through the Land
Use Bylaw, establish specific standards
for intensive livestock operations in the
Rural General Zone, including separation
distances between new intensive agricultural
activities and non-agricultural activities.
Policy 4-12: Council shall, through the Land
Use Bylaw, establish specific standards
for agricultural, forestry, and other land
dependent activities not involving
permanent structures and allow for the
subdivision of such lots on a right-of-way to
accommodate the needs of such uses.
Policy 4-13: Council shall, through the Land
Use Bylaw, relax the Municipal Government
Act provisions and establish standards
and conditions for the expansion of non-
conforming non-residential uses and
structures in the Rural General Zone.
Policy 4-14: Council shall, through the Land
Use Bylaw, enable development of lots in the
Rural General Zone existing on February 27,
2025, and accessed with a private right-of-
way.
4.2.2
Rural Residential Zone (RR)
Colchester has a number of residential
subdivision developments that have
occurred in rural areas. Unlike the traditional
mix of land uses that occur in rural areas,
these subdivision developments are
squarely residential in nature and should be
recognized as such. The Rural Residential
Zone recognizes these existing residential
developments.
Council is also aware that there may be
demand for additional rural residential
subdivisions in the future. In general, this is
to be discouraged in favour of directing
development that involves new infrastructure
to the Growth Centres and Rural Service
Centres. Further, there is a higher risk of
land use conflict when developments that
are focused solely on residential are placed
in rural areas where more intensive uses,
such as agriculture and forestry, are present.
Council is, however, willing to consider the
possibility of such developments after a
careful review of infrastructure requirements
and the potential for land use conflicts.
Policy 4-15: Council shall, through the Land
Use Bylaw, establish the Rural Residential
(RR) Zone. This land use zone is intended
to recognize existing rural residential
subdivision developments, as well as enable
new ones where the risk of land use conflict
and infrastructure impacts can be shown to
be low.
Policy 4-16: The Rural Residential Zone
shall permit up to two dwelling units
on a lot, mobile homes, and a range of
complementary community and recreation
uses. Existing agricultural uses shall also be
permitted.
Policy 4-17: The Rural Residential Zone shall
initially be applied to existing rural residential
subdivision developments.
Policy 4-18: Council shall, through
amendment to the Land Use Bylaw, consider
requests to rezone lands to the Rural
Residential Zone in the Rural Designation.
Council shall not approve such an
amendment unless Council is satisfied:
a. Any new public infrastructure
requirements are consistent with this
Plan and capacity of the Municipality
to provide and maintain such
infrastructure.
b. If the land is zoned Agriculture
Potential (AP), the proposal complies
with Policy 4-23.
c. The potential for land use conflict
with surrounding rural uses, and
especially active agriculture, is low.
d. The proposal complies with the
general policies for Land Use Bylaw
amendments, found in Subsection
6.2.4
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Municipality of Colchester - Municipal Planning Strategy
4.2.3 Agriculture Potential Zone (AP)
Municipalities in Nova Scotia are, by way of
the Municipal Government Act, required to
identify and protect high-value agricultural
soils, which are defined as Class 2, Class 3,
and actively-farmed Class 4 soils as identified
by the Canada Land Inventory (Nova Scotia
has no Class 1 soils), as well as specialty crops
(e.g. blueberries) and provincial marshlands.
Farming activity has formed a significant
component of the municipality's economic
base, not to mention its importance to
the province's agricultural industry. The
Municipality of the County of Colchester
has a substantial amount of high-value
arable land. In fact, approximately 50% of
Colchester's landmass is Class 2, 3, or 4,
and the municipality is home to 20% of
the province's Class 2 soils. In addition,
the municipality has approximately 3,100
hectares of wild blueberry production, or
19% of the provincial total, which typically
occurs on "poor" soils. Land comprising
the eastern and southern parts of Central
Colchester are mostly forested, while the
western and northern areas have been
cleared and put into agricultural production.
Often, farmland is regarded as desirable
for other types of land uses due to soil
conditions for on-site sewage disposal,
access, and site work. It is, however,
important to view high quality agricultural
land as a limited resource and one that
needs to be protected for farming to remain
a viable and sustainable industry - once it is
developed for other uses it is difficult, if not
impossible, to reclaim for agriculture.
The agriculture industry faces many
pressures, not the least of which is climate
change. More extreme precipitation,
drought, changing growing seasons, and
new pests threaten food security and make
it all the more important to protect land with
agricultural potential.
Despite the importance of protecting
agricultural soils, there are situations where
this is not always possible or desirable.
In areas where past urbanization has
encroached on farming activities it may
not be practical to encourage protection
since land has become fragmented and
productive agriculture is not possible, there
exists a high risk of land use conflict, and/
or farming operations are under pressure of
inflated land values.
Further, good soils are not always an
indicator of good agricultural potential.
Microclimate, topography, the continuity
of soils, and water availability also impact
whether farming is viable on a particular
piece of land.
Council understands the significance of
agriculture to Colchester County and wishes
to ensure that it remains a dominant and
prosperous land use activity, and that active
agricultural lands and lands with agricultural
potential are protected for the long-term
benefit of residents in the municipality
and the province beyond. Council also
recognizes that microclimates and terrain
within the municipality do not always align
with good soils, and that past development
has, in some areas, reduced the viability of
agriculture.
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4 Land Use
As a result, Council will establish the
Agriculture Potential Zone. This zone is
intended to identify good agricultural soils
as defined by the Statement of Provincial
Interest, as well as well-established
agricultural areas that are not located on
"good" soils, and prioritize agricultural
activities in these areas.
To this end, the Land Use Bylaw will contain
standards that protect agricultural uses
from encroaching residential development
through separation distances, subdivision
controls, controls on the location of new
wells, and setbacks. At the same time,
Council understands that it is important to
support farmers and avoid over-regulating
farms themselves, which are often regulated
in many ways by other levels of government.
The Land Use Bylaw will, therefore, ensure
that agricultural activities are widely
permitted with few barriers to entry, and that
supportive land uses--such as agritourism
and farm staff housing--are also enabled.
Policy 4-19: Council shall, through the Land
Use Bylaw, establish the Agriculture Potential
Zone (AP). This land use zone is intended to
prioritize agricultural development on good
agricultural soils as well as well-established
agricultural areas even if they are not located
on good agricultural soils.
Policy 4-20: The Agriculture Potential Zone
shall permit agricultural, fishery, and forestry
uses; agricultural industry, such as feed
mills, heavy equipment repair, and animal
processing; a limited range of residential,
institutional, recreational, and community
uses; and commercial uses that are similar
to those in the Rural General Zone; however,
uses that could create a long-term impact
on soils, such as service stations, shall not be
permitted.
Policy 4-21: The Agriculture Potential Zone
shall generally be applied on the zoning map
of the Land Use Bylaw to Class 2, Class 3,
and active Class 4 soils in the municipality as
identified in the Canada Land Inventory, as
well as marshlands and on well-established
agricultural areas that are not located on
good soils. Exceptions shall be made where
such application would conflict with the
existing provision of municipal services,
on specific parcels where development
proposals were substantially advanced at the
time this Plan was developed, where existing
development patterns have significantly
limited the potential for commercial
agriculture, or where areas of good soils are
under one hectare in size.
Policy 4-22: Council shall, through the Land
Use Bylaw, reduce the fragmentation of
agricultural lands by limiting the number of
lots that can be subdivided on private roads
created after March 27th, 2025 within the
Agriculture Potential Zone.
Policy 4-23: When a policy of this Municipal
Planning Strategy is used to change a
property from the Agricultural Potential Zone
by amendment to the Zoning Map of the
Land Use Bylaw, or to advance development
within the Agricultural Potential Zone by
development agreement, Council shall be
satisfied that the proposal:
a. by its nature or the regulatory
limitations placed upon it minimizes
the risk of land use conflicts that
could impact the operation of
existing agricultural uses;
b. is limited to the land area necessary
to accommodate the proposed
development;
c. prioritizes locating of development
in a manner that minimizes, to the
extent possible, the fragmentation of
agricultural soils; and
d. if carried out by development
agreement:
i. clusters buildings, lawns, on-site
services, and accessory structures
to provide a buffer to any adjacent
agricultural or resource uses; and
ii. includes provisions to reduce the
risk of land use conflict between
agricultural operations and
potential residential uses.
23
Municipality of Colchester - Municipal Planning Strategy
4.2.4 Shoreline Zone (SL)
Lakes, rivers, and the coast are a prominent
feature of the landscape in Colchester. There
are numerous small and medium sized lakes
and rivers across the entire municipality, and
they are home to an abundance of aquatic
and terrestrial species. These waterbodies
are, however, also popular destinations
for recreational development for seasonal
properties and accommodations. To
accommodate recreational development
and associated septic systems, large
areas of land must be cleared and graded,
threatening the integrity of the plants and
animal species that rely on waterbodies for
their habitat.
While Council generally supports
development in the rural, shorelines areas
of the municipality, it also believes the
Municipality has a responsibility to ensure
development in these areas is conducted in
a manner that helps to ensure they can be
enjoyed for generations to come. For these
reasons, Council will establish the Shoreline
Zone. This Zone will take a careful approach
to development around waterbodies,
including establishing setbacks from the
shoreline, limiting the types of permitted
development, and requiring larger minimum
lot sizes, to protect these valued resources.
The Shoreline Zone will initially be applied
to lakes within the municipality with existing
development, or those that have the
potential for development, such as larger
lakes or lakes near to roads. In the future the
zone may also be applied along rivers or the
coast.
Policy 4-24: Council shall, through the Land
Use Bylaw, establish the Shoreline Zone.
This land use zone is intended to enable
waterfront development with thoughtful
development standards intended to
protect the integrity of aquatic and riparian
ecosystems.
Policy 4-25: The Shoreline Zone shall permit
limited residential uses and a limited range
of other uses typically found in rural areas.
Complimentary uses including, but not
limited to, accommodations, marinas, and
parks and open spaces uses shall also be
permitted.
Policy 4-26: The Shoreline Zone shall
initially be applied on the zoning map
of the Land Use Bylaw for approximately
300 metres (984.2 feet) around lakes with
existing development, and lakes located
in areas where near-term development
might be possible, such as lakes in close
proximity to roads. Council may consider,
through amendment to the Land Use Bylaw,
expanded application of the Shoreline Zone
to other areas, such as rivers.
24
4 Land Use
4.3
LOWER DENSITY
RESIDENTIAL DESIGNATION
4.3.1
Lower Density Residential
Designation
Lower density residential land uses comprise
three zones in the Growth Centres. These
areas are primarily residential and consist of
single detached dwellings, semi-detached
dwellings, duplex dwellings, and converted
dwellings. Non-residential uses may also be
present in the form of parks and open space
and institutional uses such as educational
facilities and places of worship.
Policy 4-27: Council shall on Schedule
'A,' the Future Land Use Map, designate
as "Low Density Residential" lands with
central services intended to give priority to
residential uses.
Policy 4-28: Council shall on the zoning map
of the Land Use Bylaw, permit the following
zones within the Low Density Residential
Designation:
a. Single Dwelling Unit Zone (R-1)
b. Double Dwelling Zone (R-2)
c. Double Unit Conversion Zone (R-2C)
d. Institutional Zone (I)
e. Parks & Open Space Zone (P-1)
f. Comprehensive Development
District Zone (CDD)
g. Mi'kmaw Lands Zone (ML)
4.3.2
Single Dwelling Unit Zone (R-1)
Historically, the Residential Single Dwelling
Unit Zone has been a zoning option
available for developers who wished to
provide a higher level of assurance to
landowners within a subdivision. This zone
is the narrowest in terms of permitted uses.
Primarily this zone consists of single unit
residential. Existing agricultural uses are also
permitted.
Council recognizes that existing
neighbourhoods have been developed
under the expectation that they would
consist primarily of single-unit dwellings. The
Single Dwelling Unit Zone will accommodate
this expectation, with minor allowances
for intensification through the accessory
dwelling provisions of this Plan. However, a
key direction of this Plan is to enable and
promote diversity in housing options. As
such, Council does not intend to apply the
Single Dwelling Unit Zone beyond these
existing neighbourhoods.
Policy 4-29: Council shall, through the Land
Use Bylaw, establish the Single Dwelling
Unit Zone. This zone is intended to identify
existing areas of Growth Centres dedicated
to single unit residential development.
Policy 4-30: The Single Dwelling Unit Zone
shall permit a narrow range of uses such as
single detached dwellings, parks and open
space uses, and small residential facilities,
while recognizing existing agricultural
uses and existing land lease communities.
Complimentary uses such as education uses
shall be permitted with conditions.
Policy 4-31: Council shall not consider
amendments to the Land Use Bylaw to
create new areas of Single Dwelling Unit
Zone, except minor "rounding out" of zone
boundaries to accommodate efficient
development in existing Single Dwelling Unit
Zone neighbourhoods. In considering such
"rounding out" amendments, Council shall
ensure the proposal is consistent with the
general criteria for amending the Land Use
Bylaw, as found in Subsection 6.2.4.
25
Municipality of Colchester - Municipal Planning Strategy
4.3.3 Double Dwelling Unit Zone (R-2)
The Double Dwelling Unit Zone is intended
to provide increased flexibility and density
within the Lower Density Residential
Designation when compared to the Single
Dwelling Unit Zone. The Single Dwelling
Unit Zone provisions are restrictive, and
a broader land use composition is also
desired. A significant part of the residential
land use that has occurred in the Growth
Centres is characteristic of Double
Dwelling Unit development. It affords a
wider array of residential options such as
the establishment of two dwelling units
on a lot in the form of duplex dwellings
and converted dwellings. Semi-detached
dwellings are also enabled within the zone.
Additional land uses in the form of guest
homes, small options homes, existing
agricultural uses, and existing land lease
communities are also permitted. This is
often viewed as a traditional and perfectly
acceptable land use mix and will continue
to serve as the base zone for much of
the vacant land in the Central Colchester
Growth Centres.
Some institutional land uses, such as
educational uses and places of worship
are vital to the community fabric of
neighbourhoods within the Double Dwelling
Unit Zone and will be permitted with
conditions in order to ensure compatibility
and reduce impact on adjacent residential
uses. Parks and open space uses are also
permitted. Additional housing forms such as
boarding house and three units on a lot will
be permitted by Site Plan Approval.
Policy 4-32: Council shall, through the Land
Use Bylaw, establish the Double Dwelling
Unit Zone (R-2). This zone is intended to
identify residentially focused areas within the
Growth Centres.
Policy 4-33: The Double Dwelling Unit
Zone shall permit a range of lower density
residential uses including single dwelling
units, two dwelling units within a single
structure, semi-detached dwellings, guest
homes, and small residential facilities,
while recognizing existing agricultural
uses and existing land lease communities.
Complimentary uses such as education uses
and places of worship shall be permitted
with conditions.
Policy 4-34: Residential uses up to three
dwelling units on a lot, including grouped
dwellings, multi-unit dwellings, and row
dwellings, and boarding houses with up to
four sleeping units, shall be permitted by Site
Plan Approval in the Double Dwelling Unit
Zone.
Policy 4-35: The Double Dwelling Unit
Zone shall initially be applied on the zoning
map of the Land Use Bylaw to existing
such residential areas as well as much
of the vacant land in Central Colchester
designated Lower Density Residential on the
Future Land Use Map.
26
4 Land Use
4.3.4 Double Unit Conversion Zone
(R-2C)
Many new subdivisions exist in Central
Colchester that are characteristically single
unit residential developments. Historically,
in order to promote a particular theme,
several developers have placed covenants
on lots to restrict other forms of residential
and accessory development that may
compromise this objective. Covenants are
usually administered by landowners and
are not always able to provide the high
level of control expected in such areas. In
other areas, long established residential
neighborhoods have grown in a similar style
but without any type of development rules.
Often, property owners want to preserve the
aesthetic qualities of residential subdivisions
but in some cases be afforded the ability
to create a second unit in some part of the
dwelling to convenience a family member
or otherwise. Converted dwellings in this
instance can accomplish both objectives
provided the Land Use Bylaw sets out
specific requirements for the conversion of
existing dwelling units.
Council will also consider zoning map
amendments to apply the Double Unit
Conversion Zone in any area designated for
future low density residential land uses.
Policy 4-36: Council shall, through the
Land Use Bylaw, establish the Double Unit
Conversion Zone. This zone is intended
to identify areas of existing single unit
development that are affected by covenants
that restrict residential building styles to that
of traditional single unit architectural design
and enable the conversion of an existing
single unit dwelling into two units within the
Growth Centres.
Policy 4-37: The Double Unit Conversion
Zone shall permit a range of low-density
residential uses including single dwelling
units, converted dwellings to maximum of
two dwelling units within a single structure
and similar in appearance to a single unit
dwelling, guest homes, and small residential
facilities, while recognizing existing
agricultural uses. Complimentary uses
such as education uses, places of worship,
and parks and open space uses shall be
permitted with conditions.
Policy 4-38: The Double Unit Conversion
Zone shall be applied on the zoning map
of the Land Use Bylaw to known existing
subdivisions affected by covenants intended
to restrict residential building styles to that of
traditional single unit architectural design.
Policy 4-39: Council shall consider
new Double Unit Conversion Zones by
amendment to the zoning map in any area
designated Lower Density Residential on the
Future Land Use Map, subject to the general
policies for amending the Land Use Bylaw,
found in Subsection 6.2.4.
27
Municipality of Colchester - Municipal Planning Strategy
4.4
MEDIUM TO HIGH DENSITY
RESIDENTIAL DESIGNATION
4.4.1
Medium to High Density Residential
Designation
Medium to high density land uses comprise
two zones in the Growth Centres. Historically
residential uses within this designation are
multi-unit buildings that tend to generate
more activity. Because of this, elements
relating to their location and integration with
other residential uses is important to ensure
compatibility issues are addressed.
Council wishes to encourage medium to
high density multiple unit residential in this
designation to address shortages of housing
options, particularly smaller, affordable, and
rental housing.
Policy 4-40: Council shall on Schedule
'A,' the Future Land Use Map, designate as
Medium to High Density Residential lands
with central services, and particularly those
along collector roads, intended to give
priority to higher density residential uses.
Policy 4-41: Council shall on the zoning map
of the Land Use Bylaw, permit the following
zones within the Medium to High Density
Residential Designation:
a. Double Dwelling Unit Zone (R-2)
b. Residential Medium Density Zone
(R-3)
c. Residential High Density Zone (R-4)
d. Local Commercial Zone (C-4)
e. Institutional Zone (I)
f. Parks & Open Space Zone (P-1)
g. Comprehensive Development
District Zone (CDD)
h. Mi'kmaw Lands Zone (ML)
4.4.2 Residential Medium Density Zone
(R-3)
The Residential Medium Density Zone is
intended to include structures containing
three to four dwelling units. These types
of buildings can take many forms such as
converted dwellings, apartment buildings,
and townhouses. Usually, these structures are
of a scale that is compatible with other types
of low-density residential uses provided
sufficient amenity area and buffering exists.
Given the history of lower-density zoning in
Central Colchester, this zone will typically
only be proactively applied to lands with
frontage on collector roads.
However, in Tatamagouche the previous
planning documents featured a base
residential zone (Village Residential) that
was most similar to the Residential Medium
Density Zone. Therefore, residential
properties in Tatamagouche will most
typically be zoned Residential Medium
Density. This former "village residential" area
includes a number of historic structures,
most of which date from 1850 to 1925. These
traditional residential neighbourhoods
offer a heritage quality to the community.
Inappropriate development can have
a detrimental impact on these areas.
Infill development will be encouraged
to compliment the building form of the
Victorian period, with basic design standards
established to guide building massing, roof
lines, and cladding materials.
Similarly, the Rural Service Centres of
Brookfield had no planning at all, and
therefore no restrictions on dwelling types,
prior to the development of this Plan. As a
result, the residential areas of this community
are typically placed in the Residential
Medium Density Zone to continue to provide
a reasonable spectrum of residential
opportunities.
28
4 Land Use
Policy 4-42: Council shall, through the Land
Use Bylaw, establish the Residential Medium
Density Zone. This zone is intended primarily
for medium density multiple unit dwellings in
the Growth Centres.
Policy 4-43: The Residential Medium
Density Zone shall permit a range of medium
density residential uses typically consisting
of up to four dwelling units on a lot. Lower
density residential uses and complimentary
uses such as but not limited to boarding
houses, community halls, guest homes,
and residential facilities are also permitted.
Some existing uses are also recognized in
the form of agricultural uses and mobile
homes. Complimentary uses including
converted dwellings, education uses, places
of worship, and parks and open space uses
shall be permitted with conditions.
Policy 4-44: Council shall, through the Land
Use Bylaw, permit boarding houses of five
to eight sleeping units, and five to eight
dwelling units on a lot by Site Plan Approval
in the Residential Medium Density Zone.
Policy 4-45: Council shall, in the Land Use
Bylaw, establish a Tatamagouche Heritage
Village Area Overlay to identify properties
subject to enhanced design controls.
Policy 4-46: Council shall, through the Land
Use Bylaw, establish design standards for
properties within the Tatamagouche Heritage
Village Area Overlay that encourage new
buildings and renovations to complement
basic architectural elements and lot
placement of the neighbourhood in which
they are being built.
29
Municipality of Colchester - Municipal Planning Strategy
4.4.3 Residential High Density Zone (R-4)
For the purposes of this strategy, high
density residential structures are considered
to be those with 5 units or more, and can
take the form of multi-unit dwellings, row
housing, or grouped dwellings.
At the present time, Bible Hill and Truro
Heights contain the most significant number
of multi-unit development. Due to limited
placement of the Residential High Density
Zone, residential developments of up to
sixteen units can be accommodated as-
of-right. Higher densities may also be
considered but will require more oversight
through the development agreement
process to ensure impacts are managed and
servicing is adequate.
High density residential developments
are generally larger and consequently
are more visible within a community. The
increase in density is likely to create a
higher activity level as well as a greater
potential for disruption of quieter single
unit neighborhoods. It is often preferable
for these types of uses to be located in
close proximity to designated collector
roads; however, direct access is not always
necessary or desirable. Collector roads are
intended to move large volumes of traffic
through a community efficiently. Linear
development that result through numerous
driveways on to collector roads can interfere
with the function of collector roads and it
may be better to utilize existing streets and
intersections to access such roads. It is
important in these cases that such uses have
fairly direct access to the collector roads
so that the traffic generated does not travel
large distances through local subdivision
roads.
Policy 4-47: Council shall, through the Land
Use Bylaw, establish the Residential High
Density Zone. This zone is intended primarily
for higher density multiple unit dwellings of
five units or more in the Growth Centres.
Policy 4-48: The Residential High Density
Zone shall permit a range of higher density
residential uses typically consisting of
five or more dwelling units in the form of
multi-unit dwellings, grouped dwellings,
and row dwellings. Lower density uses and
complimentary uses such as but not limited
to boarding houses, community halls, guest
homes, daycares, and residential facilities
are also permitted. Existing agricultural uses
are also recognized. Complimentary uses
including education uses, places of worship,
and parks and open space uses shall be
permitted with conditions.
30
Policy 4-49: Council Shall consider entering
into a development agreement to enable
proposals for dwellings with more than
16 dwelling units per lot or more than 16
boarding house sleeping units in the in
the Residential High Density Zone, and
proposals for dwellings with more than 8
dwelling units on a lot in the Residential
Medium Density Zone. When considering
such developments special consideration
shall be given to the following:
a. Landscaping, fencing or similar
visual barriers shall be provided
around structures, parking, and open
storage areas including solid waste
facilities to minimize visual impacts
and privacy intrusion on surrounding
residential properties to a reasonable
extent.
b. Where possible, on-site vegetation
shall be retained and incorporated
into the site landscaping, particularly
for protection of environmentally
sensitive or significant areas.
c. Mature trees on the lot shall be
preserved whenever possible.
d. Where a sidewalk, trail, or similar
walking path is available abutting
the subject site, the primary
entrance(s) of all dwelling units
shall be connected to such walking
paths by a means of a barrier free
(accessible) pedestrian walkway at
least 1.5 metres (4.9 feet) in width
and paved with asphalt, concrete, or
interlocking pavers.
e. Other pedestrian walkways shall be
clearly delineated on the property
and allow for efficient movement
throughout the site.
f. Vehicle circulation on-site shall
be designed to support efficient
movement, enable emergency
services access, and avoid obvious
points of conflict.
g. Stormwater runoff from impervious
areas shall be appropriately managed
and unlikely to cause disturbance on
neighbouring properties.
h. The proposal shall be consistent with
the general policies for development
agreements, found in Subsection
6.3.2.
Auto Shop
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31
4.5
COMMERCIAL
DESIGNATION
4.5.1
Commercial Designation
The commercial components of each Growth
Centre vary in their role, with some servicing
the regional market, some serving the
immediate local community, some serving
travellers moving through the municipality
to reach communities beyond, and some
serving heavy summer tourism populations.
The development of commercial land uses
has always been influenced by four main
characteristics: access, visibility, available
land mass, and population servicing needs.
Within the region, Downtown Truro has been
historically the center of business activity
since it is centrally located to most of the
population and major transportation links
including the railway. Changes in population,
lifestyles, and physical community growth
created new development pressures
beyond the traditional core area and led to
the emergence of other commercial areas
such as Robie Street, Pictou Road, and Exit
13. Today these serve an important function
in the regional commerce activity of Central
Colchester.
Many commercial land uses have an inherent
incompatibility with low density residential
uses that can often result in a variety of
disruptions and nuisances. Activity levels
associated with each are different and need
to be separated so that they can both exist
and function according to their purpose.
Ultimately, there needs to be a transition
from one to the other and the challenge
will be to create standards in the Land Use
Bylaw that help ease such changes. Buffers,
landscaping techniques, spatial separations,
as well as other land uses are possible ways
to achieve this.
Medium to high density residential land
uses however, are commonly located
in commercial areas where access to
amenities and services is readily available.
This combined with their increased
intensity corresponds with the character
of commercial areas. It is often desirable
for certain commercial districts to have a
"living" component to help maintain a varied
purpose, offer stability, and add life and
activity outside traditional business hours.
The presence of people can also promote a
higher degree of security for businesses that
are typically not always open.
The random establishment of commercial
land uses is not a good practice for the
reasons discussed above. Usually, clustering
commercial uses in well located areas better
serves both businesses and residents
alike while minimizing many of the land use
impacts. This Plan intends to identify suitable
areas within each Growth Centre for a range
of commercial activities while at the same
time protect the limited supply of available
land from less demanding land uses.
32
4 Land Use
Other parts of this Strategy have touched on
the elements necessary for commercial land
uses. Parking, signage as well as residential
and accessory uses are an integral part of
the development form that characterizes
commercial districts. The Land Use Bylaw
will set out appropriate development
standards in this regard. Another important
consideration is access to commercial
development that is typically located along
collector roads. Too many driveways can not
only interfere with the function of collector
roads but may also create safety hazards for
both motorists and pedestrians. To address
this, standards should be developed in the
Land Use Bylaw that encourage managed
access and allow for communal parking
areas that serve more than one commercial
development.
Policy 4-50: Council shall, on Schedule
'A,' the Future Land Use Map, designate
as "Commercial" lands in Growth Centres
and Rural Service Centres intended to give
priority to commercial development.
Policy 4-51: Council shall, on the zoning map
of the Land Use Bylaw, permit the following
zones within the Commercial Designation:
a. General Commercial Zone (C-1)
b. Highway Commercial Zone (C-2)
c. Main Street Commercial Zone (MS)
d. Local Commercial Zone (C-4)
e. Institutional Zone (I)
f. Parks & Open Space Zone (P-1)
g. Commercial Recreation Zone (P-2)
h. Comprehensive Development
District Zone (CDD)
i. Mi'kmaw Land Zone (ML)
33
Municipality of Colchester - Municipal Planning Strategy
4.5.2 Commercial Expansion in
Tatamagouche
The defined commercial areas of the Growth
Centre of Tatamagouche reflect the existing
land use pattern that has evolved to this
point. There is capacity for some growth
within the commercial areas, and over time
there will be demand for further commercial
development, particularly along Main Street,
in areas not zoned commercial.
To encourage the logical extension of
existing commercial areas, policies will
permit new commercial development on
properties in Tatamagouche designated
Commercial on the Future Land Use Map,
but not zoned Commercial, provided the
proposed commercial lot abuts an existing
commercial use along the side lot lines
and constitutes a contiguous expansion.
Permitted commercial development in the
residential zone shall meet the standards of
the commercial zone which they abut.
Policy 4-52: Council shall, through the Land
Use Bylaw, permit the contiguous expansion
of commercial uses in Tatamagouche on
lots designated Commercial and zoned
residential by development permit, subject
to conditions in the Land Use Bylaw.
4.5.3 General Commercial Zone (C-1)
The Plan identifies several areas for general
commercial development which often
correspond with areas designated under
previous planning strategies. These are
often primary commercial districts in the
communities that do not have a traditional,
pedestrian-oriented "main street".
With a few exceptions, the establishment and
distribution of general commercial land uses
has not created serious concerns to date.
Many of these existed prior to community
planning and much of the recent development
has grown around these. Organic growth is,
however, prone to land use conflict and this
Plan intends to encourage future commercial
growth by concentrating such land uses at
appropriate and strategic locations in each
community. The approach and rationale is
discussed for each Growth Center below.
BIBLE HILL
The historic area for commercial activity in
Bible Hill was along Main Street, containing
many long-established businesses. As
housing growth expanded east, new
commercial development followed mostly
along the north side of Pictou Road
beginning at Jennifer Drive and ending in
the vicinity of Village Court. Land on the
south side of Pictou Road, extending from
Wright Avenue to Armstrong Avenue, mirrors
the existing commercial designation on the
north side from Jennifer Drive to Innovation
Drive. This creates a commercial node that
would be well positioned in relation to the
proposed Farnham Road arterial extension in
the future.
An area of land in the vicinity of Main Street,
including the lower portions of Pictou Road,
College Road, Ryland Avenue, and Farnham
Road, has also been designated general
commercial. This has been the traditional
core of Bible Hill and many of the properties
have been developed for a variety of
purposes. In recent years, there has been a
considerable amount of new development
in this area and this trend is expected to
continue.
To the south of Brookside Drive, bounded
by Dr Bernie MacDonald Drive on the east,
the large parcel of land has been zoned as
a Comprehensive Development District.
This undeveloped area is covered almost
entirely by a forest, with the Farnham Brook
running through it. This massive greenspace
is viewed as a prime location for future
development in Bible Hill.
Two remaining areas along Pictou Road have
also been designated General Commercial.
First an area of vacant land that was
previously encompassed by two commercial
garden nurseries located between Oak Drive
and the intersection of Village Court. Finally,
it is the intention of Council to designate
General Commercial lands located at the
intersection of Vimy and Pictou Roads,
two collector streets. This intersection has
historically supported three businesses and
further commercial expansion in this area is
desirable.
34
4 Land Use
LOWER TRURO / TRURO HEIGHTS
The Growth Center of Lower Turo / Truro
Heights contains two principal commercial
nodes; one along the Robie Street at Exit
14 and the other along the Truro Heights
Connector at Exit 13. Due to location, these
areas are important components of the
larger Colchester regional market.
During the late 1970s, the twinning of
Highway 102 led to a significant shift
in development patterns within Lower
Truro and Truro Heights. To the east of
the highway, the area is characterized by
commercial and industrial land uses. While
to the west, residential communities can
be found ranging from single detached
dwellings, to apartments. Additionally, the
well-maintained Cobequid Trail provides an
active transportation route that is utilized by
residents and visitors along the Bay of Fundy.
Further east on the Glooscap Trail, the area
becomes more rural, where agricultural uses
can be seen throughout.
Future development along Robie Street
is constrained by the Salmon River and
McClure's Brook flood plains which are
periodically inundated with water; however,
most of the development is relatively new
and elevated above the 1 in 100 year flood
elevation. The Environmental Section of
this Plan envisions new development and
redevelopment opportunities in such flood
risk areas which is an important consideration
for these established commercial areas. This
is indeed necessary to ensure Robie Street
continues to evolve, improve, and remain
competitive in the regional markets.
HILDEN
Commercial development in Hilden is almost
exclusively located along Highway 2. This
includes a large pocket of commercial
development along the west side of Highway
2 near the Millbrook First Nations Community,
as well as a few smaller nodes dispersed
along Highway 2. A few businesses
have established on the Truro Road in
the years predating the former Hilden
Municipal Planning Strategy but the area is
generally not suited to general commercial
development given the residential nature
of the surrounding area and the nearby
elementary school.
Future commercial developments in Hilden
is likely to be convenience orientated,
serving the needs of local residents. Land
will be designated for this purpose along
Highway 2 and it is intended to concentrate
commercial uses in areas that have already
been developed for this purpose.
SALMON RIVER
Like many of the other Growth Centres,
commercial development in Salmon River
has tended to be established along
collector roads such as East Queen Street
and East Prince Street. Businesses along
East Queen Street have existed for some
time and tend to be interspersed with
residential uses. Commercial land uses
along East Prince Street consist mostly of
local convenience businesses and extend
from the Town boundary to Harmony Road.
This particular area is isolated from the
majority of residential land uses well suited
to the types of commercial uses that have
established here.
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Municipality of Colchester - Municipal Planning Strategy
VALLEY
Commercial land uses in Valley are limited
and is perhaps due to the availability of
shopping choices in Bible Hill. Those that
do exist have been established several
years ago and are mainly located along
Pictou Road. Exit 17 at the intersection
of Highway 104 with Pictou Road has
prominent exposure to large traffic volumes
and a reasonably large undeveloped land
mass. One drawback is that this is a split
interchange making access a little more
difficult, particularly for east bound traffic.
The general area has features that would be
attractive to certain types of commercial
development and this Plan intends to
accommodate future growth here.
TATAMAGOUCHE
Tatamagouche feature a strong mixed-use
main street, and much of the commercial
properties in this community are placed in
the Main Street Zone. However, there exist
within the community several larger-format
or automobile service businesses, such as a
gas station and building supply store. These
commercial uses will be recognized with the
General Commercial Zone.
GREAT VILLAGE AND BROOKFIELD
These Rural Service Centres lack a significant
commercial component, and much of what
does exist is recognized in the Land Use
Bylaw through other applicable zones.
However, these communities host a few
larger or automobile service businesses,
such as gas stations, which have been
placed in the General Commercial Zone.
Policy 4-53: Council shall, through the Land
Use Bylaw, establish the General Commercial
Zone. This zone is intended to accommodate
a wide range of commercial uses.
Policy 4-54: The General Commercial Zone
shall permit a wide range of commercial
and community institutional uses varying
in type and service provision and shall
include automobile-services such as gas
stations. Existing agricultural uses, existing
small residential facilities, and existing low
density residential uses are also recognized.
Residential uses shall also be permitted,
subject to conditions that maintain the
primacy of commercial uses in this zone.
Policy 4-55: Council shall, through the
Land Use Bylaw, establish regulations in
the General Commercial Zone to prevent
negative impacts on surrounding uses,
including requirements for outdoor
storage, outdoor commercial display, and
landscaping.
Policy 4-56: Council shall, through the
Land Use Bylaw, establish requirements for
yards abutting low density residential zones
including outdoor commercial displays,
outdoor storage, parking, loading, areas
for garbage collection and storage, and
accessory commercial uses within the
General Commercial Zone.
Policy 4-57: Council shall, through the Land
Use By-law, permit medium sized commercial
structures with a net floor area exceeding
930 m2 but less than 4,645 m2 by Site Plan
Approval in the General Commercial Zone.
Policy 4-58: Council Shall consider entering
into a development agreement to enable
proposals for shopping centres and large
sized commercial structures in the General
Commercial Zone, subject to the general
policies for development agreements, found
in Subsection 6.3.2.
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4 Land Use
4.5.4 Highway Commercial Zone (C-2)
The land use classification of Highway
Commercial generally describes uses that
are highway dependent, land intensive, and
moderate traffic generators. Traditionally,
these types of uses do not include
independent specialized retail uses, which
tend to favor downtown locations. The
emergence of shopping centers, strip malls,
and "box store" developments serving larger
regional market created new community
development issues since they share similar
locational requirements and the high activity
associated with these uses is generally not
conducive with other types of land uses.
As a result, highway commercial uses are
commonly found near major transportation
arteries and can provide a good transition
between these busy traffic corridors and
less intensive land uses. Key nodes of
Highway Commercial zoning include the area
surrounding Exit 13 in Truro Heights, Exit 14A
in Upper Onslow, Exit 17 in East Mountain, and
Exit 13 in Debert.
Small scale light industrial uses are often
found in close proximity to highway
commercial uses since their basic location
requirements are similar to highway
commercial businesses and they tend not
to conflict with one another. This can be
seen in communities such as Debert, where
commercial and industrial land uses are
well mixed.
Generally, the nature and activity levels
associated with highway commercial,
including light industrial uses, are not
conducive to residential land uses; however,
there sometimes will exist a desire to
establish a dwelling in conjunction with a
business to provide additional security.
Under such circumstances, any such
residential land use will be considered
accessory to the main commercial use
and may only exist as long as the business
operates from the property. While the
Industrial section of this Plan indicates
generally that new industrial uses should be
encouraged to locate in existing industrial
parks, previous planning reports suggest
that these may not provide a suitable
location for some businesses and available
land is limited in the Truro Industrial Park.
A Highway Commercial Zone that permits
light industrial uses could enable these
types of uses to be established in areas
demonstrating the necessary characteristics.
Policy 4-59: Council shall, through the Land
Use Bylaw, establish the Highway Commercial
Zone which is to be applied within Growth
Centres and Rural Service Centres at major
highway intersections and along secondary
highway corridors. This zone is intended to
accommodate a wide range of commercial
uses and light industrial uses that generally
benefit from proximity to a highway.
Policy 4-60: The Highway Commercial Zone
shall permit a wide range of commercial uses
and light industrial uses. Existing agricultural
uses are also recognized. Complimentary
uses that would benefit from additional
requirements including single detached
dwellings associated with a main commercial
or light industrial use and kennels shall be
permitted with conditions.
Policy 4-61: Council shall, through the
Land Use Bylaw, establish regulations in
the Highway Commercial Zone to prevent
negative impacts on surrounding uses,
including requirements for outdoor
storage, outdoor commercial display, and
landscaping.
Policy 4-62: Council shall, through the
Land Use Bylaw, establish requirements for
yards abutting low density residential zones
including outdoor commercial displays,
outdoor storage, parking, loading, areas
for garbage collection and storage, and
accessory commercial uses within the
Highway Commercial Zone.
Policy 4-63: Council shall, through the Land
Use Bylaw, establish requirements for the
continuation, expansion, and enlargement
of light industrial uses in the Highway
Commercial Zone.
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Municipality of Colchester - Municipal Planning Strategy
Policy 4-64: Council shall, through the Land
Use Bylaw, establish requirements for the
establishment of a single detached dwelling
use in the Highway Commercial (C-2) Zone,
provided that the dwelling unit is clearly
accessory to the main use of the property.
Policy 4-65: Council shall, through the
Land Use By-law, permit medium sized
commercial structures with a net floor area
exceeding 930 square metres but less than
4,645 square metres by Site Plan Approval in
the Highway Commercial Zone.
Policy 4-66: Council Shall, consider entering
into a development agreement to enable
proposals for shopping centres and large
sized commercial structures [4,645 square
metres (49998.4 square feet) or more] in the
Highway Commercial Zone subject to the
general development agreement policies of
Subsection 6.3.2.
4.5.5 Main Street Zone (MS)
Many of Colchester's Growth Centres
feature a commercial core that harkens to the
traditional "main street", with a mix of small
businesses and residential uses. Typically,
these are in densely clustered buildings and
located close to the street, which makes
these areas very pedestrian-friendly.
The Growth Centre of Tatamagouche, in
particular, is well known for its commercial
core. This bustling hub of activity is a popular
attraction for visitors from all over the region
and beyond. The street is lined with unique
shops, galleries, cafes, and restaurants, each
offering their own distinctive character and
charm. Visitors can stroll along the street,
taking in the sights and sounds of the village,
and stopping to browse the many shops
and boutiques. The previous Village of
Tatamagouche Municipal Planning Strategy
and Land Use Bylaw included a "Village Main
Street Commercial" zone, which recognized
and encouraged this traditional form of
development.
Council wishes to recognize this valued form
of commercial development and encourage
the ongoing preservation and enhancement
of the traditional village character, while
also establishing a framework for extending
this approach to other communities in
Colchester. The Main Street Zone is an
evolution of the former Tatamagouche zone,
enabling it to be applied more widely to
other Growth Centres in the future.
This zone continues to encourage and
promote pedestrian-friendly, mixed-use
areas at the core of the municipality's Growth
Centres.
Policy 4-67: Council shall, through the Land
Use Bylaw, establish the Main Street Zone.
This zone is intended to accommodate
mixed commercial and residential uses
primarily focused on pedestrians, and
to establish and promote a "main street"
character.
Policy 4-68: The Main Street Zone shall
permit a mix of pedestrian-oriented
commercial uses and community institutional
uses. Commercial uses that are focused on
automobiles, such as service stations, or that
do not contribute to an activated main street,
such as self-storage facilities, will not be
permitted. Existing agricultural uses, existing
residential facilities, and existing low density
residential uses are also recognized. New
residential uses and small residential facilities
shall be permitted, with controls to ensure
building frontages at grade are reserved for
commercial and community uses.
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4 Land Use
4.5.6 Local Commercial Zone (C-4)
Local commercial generally comprise
a category of land uses that are aimed
at serving local areas with convenience
types of goods and services. These
often represent the least intense form of
commercial land uses as they are generally
situated in predominantly residential
areas. They include convenience stores,
daycare centres, personal service shops,
and small take-out restaurants, together
with accessory uses serving immediate
neighborhoods with amenity items.
Notwithstanding their necessity, the
establishment of local commercial uses
in any residential area has the potential
of creating disruption and nuisances to
adjoining properties. Traffic, architectural
details, buffering / screening, as well as
the location of buildings and parking
areas are matters that must be carefully
considered in order to effectively integrate
these uses into such areas. For this reason,
and due to the fact that it is impossible to
determine where local commercial uses will
be desired, Council will consider proposals
for their establishment by amendment to
the zoning map. Equally as important will be
the development of a comprehensive set
of requirements in the Land Use Bylaw that
adequately address associated issues. These
may also involve performance standards
aimed at ensuring ongoing maintenance
and operational items meet compatibility
concerns.
Policy 4-69: Council shall, through the Land
Use Bylaw, establish the Local Commercial
Zone, which is to be applied to lands
previously zoned Local Commercial and shall
be available via rezoning to accommodate
future local commercial development
as needed. This zone is intended to
accommodate a narrow range of commercial
uses that are generally aimed at serving local
areas with convenience goods and services.
Policy 4-70: The Local Commercial Zone
shall permit low density residential uses, small
residential facilities, and a narrow range of
commercial uses serving adjacent residential
neighbourhoods. Existing agricultural
uses are also recognized. Complimentary
uses that would benefit from additional
requirements, such as places of worship,
shall be permitted with conditions.
Policy 4-71: Council shall, through the Land
Use Bylaw, permit boarding houses of three
to four sleeping units, and dwellings of three
to four units on a lot by Site Plan Approval in
the Local Commercial Zone.
Policy 4-72: Council shall, through the
Land Use Bylaw, establish regulations in the
Local Commercial Zone to prevent negative
impacts on surrounding uses, including
requirements for screening, outdoor
storage, outdoor commercial display, and
landscaping.
Policy 4-73: Council shall, through the Land
Use Bylaw, establish restrictions on the roof
style of main structures and on ground signs
in the Local Commercial Zone in order to
improve visual compatibility with adjacent
residential neighbourhoods.
Policy 4-74: Council shall, through
amendment to the Land Use Bylaw,
consider requests to rezone lands to the
Local Commercial Zone in Future Land Use
Map designations identified as permitting
the Local Commercial Zone, as identified
in policies elsewhere in this Plan. When
considering such a request, special
consideration shall be given to the following:
a. The compatibility of the proposed
land use activity with adjacent
uses particularly as it relates to
the proposed building in terms of
architecture, height, and size.
b. The adequacy and location of roads
and vehicle circulation on-site to
support efficient movement, enable
emergency service access, and
avoid obvious points of conflict.
c. The compliance of the proposal
with the general policies for Land
Use Bylaw amendments, found in
Subsection 6.2.4.
39
4.6
INSTITUTIONAL ZONE
4.6.1
Institutional Zone (I)
Institutional land uses traditionally have
been categorized as developments, either
publicly or quasi-publicly owned and
operated, that are intended to provide
services to the community and region
in which they are located. Private clubs,
community groups, religious organizations,
and certain businesses also provide public
services and are usually included in this land
use classification.
Each Growth Centre and many of the
rural communities contains a number of
institutional uses, most commonly in the
form of a fire department, schools, places
of worship, public works projects, and
community centres or facilities. In Bible
Hill, institutional land uses are a dominant
feature of the community composition and
in addition to those identified above include
the Dalhousie University Agricultural Campus
(formerly NSAC), a regional detachment of
the RCMP, the Agri-tech Business Park and
other government offices.
Institutional land uses generally need to
be located close to the population they
serve and have historically been established
throughout communities. Fortunately,
many of these uses are desirable and
do not create nuisances or disruptions
to neighbourhoods if they are properly
integrated with existing conditions. Certain
institutions such as schools and places of
worship are commonly located in residential
areas. Additionally, institutional uses should
be permitted in any commercial designation
where they are generally considered a
complementary use. It is appropriate that
standards be developed in the Land Use
Bylaw for visual and acoustic buffering of
structures and parking areas where such
uses adjoin low density residential uses.
It is difficult to predetermine where
institutional land uses are intended to occur
in a community. The scale and intensity of
these can vary dramatically and therefore
their appropriateness for any particular area
depends on the type of use and design
elements of the proposed development.
Council will, therefore, not establish a
separate Institutional Designation, and will
instead consider proposals to rezone to the
Institutional Zone in other Designations of
this Plan.
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4 Land Use
Policy 4-75: Council shall, through the Land
Use Bylaw, establish the Institutional Zone,
which is initially to be applied to lands with
existing institutional uses of a nature or
scale where it is advantageous to identify or
protect the institutional use the application
of specific institutional zoning.
Policy 4-76: The Institutional Zone (I) Zone
shall permit a wide range of community and
institutional uses. Existing agricultural uses
shall also be recognized.
Policy 4-77: Council shall, through the Land
Use Bylaw, establish additional requirements
for appropriate development in Institutional
Zone yards abutting all low-density
residential zones or the Residential Medium
Density (R-3) Zone, including specifications
on setbacks, outdoor commercial displays,
outdoor storage, and signage.
Policy 4-78: Council shall, through the Land
Use Bylaw, establish additional requirements
for uses in the Institutional Zone that involve
barns, stables, or on-site manure storage.
Policy 4-79: Council shall consider,
through amendment to the Land Use Bylaw,
requests to rezone lands to the Institutional
Zone. Council shall not approve such an
amendment unless:
a. the Institutional Zone is permitted in
the applicable land use designation
on the Future Land Use Map, as
outlined in other policies of this Plan;
b. the proposed land use is compatible
with adjacent uses, particularly as
it relates to environmental impacts
associated with the application of
pesticides, herbicides, and fertilizers;
c. stormwater runoff from impervious
areas can be appropriately managed
and is unlikely to cause disturbance
on neighbouring properties;
d. vehicle circulation on-site can
be designed to support efficient
movement, enable emergency
service access, and avoid obvious
points of conflict;
e. where agricultural soils are involved
the proposal complies with Policy
4-23; and
f. the proposal complies with the
general policies for Land Use Bylaw
amendments, found in Subsection
6.2.4.
Policy 4-80: Council shall consider
proposals for the development of dwellings
in the Institutional Zone by development
agreement. In considering such proposals,
Council shall be satisfied:
a. the dwellings are supportive of, or
related to, institutional activities, such
as, but not limited to, staff housing,
seniors' housing associated with a
long-term care facility, or dwellings
for students;
b. the proposal includes active
transportation connections to the
surrounding neighbourhood; and
c. the proposal is consistent with the
general policies for development
agreements found in Subsection
6.3.2.
41
4.7
INDUSTRIAL DESIGNATION
4.7.1
Industrial Designation
Industrial Development that exists in
Colchester was, in many cases, created prior
to any form of municipal planning. Industrial
development is perhaps one of the most
volatile forms of development given the
range of possible uses and the potential for
land use conflict with residential, institutional,
and small-scale commercial development.
However, industrial uses are important to the
regional economy because they provide
inputs for resource uses or process their
outputs, and because they create value-
added products for export. In order to
balance the challenges and benefits of
industrial development, the modern approach
is to encourage industrial uses to cluster in
designated industrial parks separated from
more sensitive forms of development. Three
industrial parks serve the Colchester region
- one located in the Town of Truro, one in
Debert, and one in Kemptown.
The Truro Industrial Park was established
in 1963 and is owned and managed by
the Town through the Truro Industrial
Development Society. Comprising a fully
serviced area in excess of 250 acres, the
park has been successful in attracting a
diverse range of industrial uses to the area.
These have tended to be light to medium
manufacturing, among other commercial,
warehousing, and distribution uses. A steady
rate of development in the Park has led to a
limited land supply.
The Debert Business Park is owned by the
Municipality. With nearly 3300 acres in land
holdings and 550 of which is at least partially
serviced, the Debert Business Park has
ample room to handle future demands for
industrial expansion. As of 2024, there are
over 50 businesses located here, including
light to heavy manufacturing, warehousing,
and distribution. One key feature of the Park
is the airport, which was once part of the
former CFB Debert facility. While primarily
used for general aviation business and flight
training, Debert Airport has potential to
expand infrastructure and provide services
for air cargo and commercial passenger
flights.
The Colchester Waste Management Park
in Kemptown was established in 1995 with
the construction of the Colchester Balefill
Facility. Shortly after, a composting facility
and the Materials Recovery Facility were
constructed as part of a program intended
to remove and process organics and
recyclables from mainstream household
waste. There still remains significant growth
potential for private sector initiatives
to remanufacture recycled materials. In
this regard, the Waste Management Park
can efficiently provide raw materials to
companies interested in pursuing such
projects.
In addition to these formal industrial parks,
the Service Centre of Brookfield features
a significant area of industrial land located
immediately adjacent to Highway 102, at Exit
12, and the Lafarge Brookfield Cement Plant,
also off Exit 12.
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4 Land Use
In late 2023, Millbrook First Nation and a
private partner announced that it would
be undertaking a significant project to
develop a transportation and logistics
facility, We'kopektki, adjacent to the CN Rail
main line in Onslow. Council supports the
economic development efforts of Millbrook
First Nation and appreciates the benefits
this facility will have to the wider region.
The extent and specifics of this proposal
are currently unknown to the Municipality;
as such, no special zoning has been
applied to this area to differentiate it from
the surrounding areas. However, Council
will support the process to redesignate
and rezone these lands if and when it is
necessary to accommodate this proposal.
Policy 4-81: Council shall, on Schedule
'A,' the Future Land Use Map, designate as
"Industrial" lands intended to give priority
to industrial development. Existing industrial
uses in areas where there is a risk of land
use conflict may be zoned to reflect their
industrial nature but will not be designated
as such on the Future Land Use Map.
Policy 4-82: Council shall, on the zoning
map of the Land Use Bylaw, permit the
following zones within the Industrial
Designation:
a. Industrial Zone (M)
b. Rural Industrial Zone (RM)
c. Airport Zone (AIR)
d. Mi'kmaw Lands Zone (ML)
Policy 4-83: Council shall, at the request
of Millbrook First Nation, initiate a process
to redesignate and rezone lands to
accommodate a logistics facility adjacent to
the CN Rail main line in Onslow.
4.7.2
Industrial Zone (M)
A range of industrial uses are present
throughout the municipality. Many predate
land use planning. While industrial uses are
economically vital, a balanced approach is
necessary in order to avoid land use conflict.
The Industrial Zone will accommodate
industrial uses in serviced areas, with
additional buffering and screening
requirements to help manage these uses.
Policy 4-84: Council shall, through the Land
Use Bylaw, establish the Industrial (M) Zone
which is to be applied to existing serviced
industrial lands as well as serviced industrial
parks.
Policy 4-85: The Industrial Zone shall
permit a range of industrial and commercial
uses. Existing agricultural uses are also
recognized. Complimentary uses that
would benefit from additional requirements
including kennels, retail stores associated
with an industrial use, scrap yards, and parks
and open space uses shall be permitted with
conditions.
Policy 4-86: Council shall, through the Land
Use Bylaw, establish additional requirements
for Industrial Zone development in yards
abutting any residential zone, including
controls on setbacks, parking, open storage,
and screening.
Policy 4-87: Council shall, through the Land
Use Bylaw, establish additional requirements
within the Industrial Zone for industrial uses
that involve open and bulk storage, including
outdoor displays, exposed machinery,
storage, and collection of waste material.
Policy 4-88: Council shall, through the Land
Use Bylaw, allow for reduced setbacks in the
Industrial Zone for yards directly abutting a
railway right-of-way.
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Municipality of Colchester - Municipal Planning Strategy
4.7.3
Rural Industrial Zone (RM)
The term "industrial" encompasses a wide
variety of uses, including warehousing and
wholesaling, manufacturing, assembling,
fabrication, or processing uses. By and
large, industrial uses are encouraged to
locate in existing industrial parks in Truro,
Debert, and Kemptown. These areas have
the infrastructure and setting that enables
industrial uses to exist and grow without
concern from other incompatible land uses.
However, because of the availability of large
lots and low population densities, rural areas
can be attractive for industrial uses. Several
industrial land uses have been established
throughout the rural areas of the municipality
for these reasons. Additionally, industrial uses
in rural areas can be important components
of the rural resource-based economy. Often
resource-based industrial uses locate close
to raw material sources or are located in
relation to transportation networks. Lumber
mills, gravel pits, and food processing
plants are examples of resource dependent
industries found in the area.
For these reasons, Council supports the
establishment of the Rural Industrial Zone to
accommodate a range of industrial uses in
the rural areas of the municipality including,
but not limited to scrapyards, solid waste
facilities, and industrial uses with large
footprints.
Policy 4-89: Council shall, through the Land
Use Bylaw, establish the Rural Industrial Zone.
This zone shall initially be applied to existing
unserviced industrial properties.
Policy 4-90: The Rural Industrial Zone shall
permit a wide variety of non-obnoxious
industrial uses, resource-based uses,
automotive uses, limited commercial uses,
and limited institutional uses. Complimentary
uses that would benefit from additional
requirements including aggregate-related
industries, intensive livestock operations,
kennels, parks and open space uses, scrap
yards, and accessory single detached
dwellings shall be permitted with conditions.
Policy 4-91: The Rural Industrial Zone
shall establish standards for buffering and
screening for yards abutting the Rural
General Zone, with controls on lot sizes,
setbacks, and outdoor storage for new
industrial uses.
Policy 4-92: Council shall develop
performance standards for aggregate
related industries within the Rural Industrial
Zone to address separation distances from
existing dwellings, exterior lighting, and the
enclosure of equipment.
Policy 4-93: Council may consider, through
amendment to the Land Use Bylaw, requests
to rezone lands to the Rural Industrial
(RM) Zone in areas designated Industrial
or Rural on the Future Land Use Map.
When considering such a request special
consideration shall be given to the following:
a. the potential impact of the proposed
use on adjacent properties,
particularly by way of noise, odor,
and dust;
b. the adequacy of existing
transportation system to safely
accommodate any increased traffic
created by the proposed use;
c. buffering and screening from
adjacent uses;
d. potential impacts on the ground
water supply and contamination;
e. that where agricultural soils are
involved, the proposal complies with
Policy 4-23; and
f. the proposal complies with the
general requirements for amending
the Land Use Bylaw of Subsection
6.2.4.
44
4.7.4
Airport Zone (AIR)
The community of Debert features an
active airport. This area was first established
as Camp Debert and a Royal Canadian
Airforce aerodrome, with completion in
1941. After World War II, Camp Debert and
the aerodrome were relatively inactive,
and over time many of the military assets
were demolished. However, the aerodrome
continued to be used for training purposes
until 1969 when it was formally closed by the
Department of National Defence.
In 1971 the Province purchased the lands and
aerodrome and developed them into the
Debert Air Industrial Park. Ownership was
transferred to the Municipality of Colchester
in 2008.
Today, much of the lands of the former Camp
Debert are actively used for industrial and
commercial purposes as part of the Industrial
Park, and are covered by zoning applicable
to those uses. However, the aerodrome
continues to be an active airport serving the
needs of general aviation activities, aircraft
repair and maintenance, flight training, and
charter flights.
The Airport Zone is intended to recognize
and support the active airport uses
surrounding the aerodrome.
Policy 4-94: Council shall, through the Land
Use Bylaw, establish the Airport (AIR) Zone
which is initially to be applied to the Debert
Airport and supporting lands.
Policy 4-95: The Airport Zone shall permit
a limited range of uses supportive of the
airport activities, such as light industrial
uses, commercial education uses, and
civic uses. Existing agriculture shall also be
permitted.
45
4.8
PARKS AND OPEN SPACE
DESIGNATION
4.8.1
Parks and Open Space Designation
Recreation amenities in Central Colchester
are abundant and provide for a variety of
recreational opportunities. These can be
grouped into two categories: publicly
owned land and facilities managed by
government or an agency thereof, and
privately owned facilities that generally
operate as a business. These may or may not
involve accessory and secondary uses such
as club houses, maintenance and storage
facilities, washrooms, offices, and similar
types of structures.
Public parks and open spaces are generally
desirable in a community. In addition to
providing amenity space, these areas create
effective buffers, visual relief, and are often
an ecological resource. For these reasons,
parks and open space will be a permitted
use in all zones. However, a specific Parks
and Open Space Designation and Zones
will be established to identify and recognize
important public open spaces, as well
as provide an appropriate pathway for
approving commercial recreation uses.
Policy 4-96: Council shall, on Schedule 'A,'
the Future Land Use Map, designate as Parks
and Open Space lands intended to give
priority to parks, open spaces, trails, and
recreation developments.
Policy 4-97: Council shall, on the zoning
map of the Land Use Bylaw, permit the
following zones within the Parks and Open
Space Designation:
a. Parks and Open Space Zone (P-1)
b. Commercial Recreation Zone (P-2)
c. Institutional Zone (I)
d. Mi'kmaw Lands Zone (ML)
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4 Land Use
4.8.2 Parks and Open Space Zone (P-1)
The Municipality of the County of Colchester
prepared a Municipal Parkland Strategy to
help guide the provision of recreational
amenities throughout Colchester. Two
guiding principles of the Strategy are
to retain 3% of the developable land in
each Growth Centre as neighborhood
park space, and provide an appropriate
amount of parkland within a reasonable
distance of the neighborhoods it serves.
A significant residential component exists
in the peripheral areas of Truro which, in
turn, emphasizes a need to address this
topic. The Municipal Parkland Strategy
indicates that the Hilden, Truro Heights,
Valley, and Salmon River Growth Centers
contain a combined area of approximately
31 hectares over 28 sites devoted to public
open space purposes. Many of these sites
remain undeveloped and are not maintained;
however, the Municipality has recently taken
measures to address these deficiencies.
Bible Hill and Tatamagouche were not
addressed in the Parkland Strategy since the
Villages own and manage recreation land
within their boundaries.
In general, public parks, open space, and
related recreational uses are appropriate
in a wide variety of contexts, and can be
accommodated in other land use zones.
However, there is also an advantage to
specifically identifying public recreational
lands and communicating the long-term
intent of these lands as public spaces. The
Parks and Open Space Zone is intended to
achieve this.
Policy 4-98: Council shall, through the Land
Use Bylaw, establish the Parks and Open
Space Zone (P-1), which is to be applied
to publicly owned recreation land, lands
previously zoned parks and open space, and
to properties currently used as parks and
open space.
Policy 4-99: The Parks and Open Space
Zone shall permit community halls, farmers'
markets, and a range of outdoor recreational
uses. Existing agricultural uses are also
recognized.
Policy 4-100: Council shall, through the Land
Use Bylaw, establish additional requirements
for recreational uses that involve barns,
stables, or on-site manure storage within the
Parks and Open Space Zone.
Policy 4-101: Council shall, through the Land
Use Bylaw, permit parks and open space
uses in all other zones.
Policy 4-102: Council shall not permit
recreational activities in the Parks and
Open Space Zone that depend entirely
on enclosed buildings and are typically
commercial in nature, such as bowling alleys.
Policy 4-103: Council shall consider, through
amendment to the Land Use Bylaw, requests
to rezone lands to the Parks and Open
Space Zone. When considering such request
special consideration shall be given to the
following:
a. the zone is permitted in the land use
designation applicable to the subject
site, as outlined in policies elsewhere
in this Plan;
b. where agricultural soils are involved,
the proposal complies with Policy
4-23; and
c. the proposal complies with the
general requirements for amending
the Land Use Bylaw, found in
Subsection 6.2.4.
47
4.8.3 Commercial Recreation Zone (P-2)
Privately owned open space is also an
amenity resource to a community. The
principal difference is ownership; private
open space uses generally operate as a
business and provide recreational activities
for a profit. Golf courses, driving ranges,
sports fields and courts, and similar types
of uses are largely land based except for
accessory structures that may include
clubhouses, maintenance facilities,
and washrooms that may be located in
conjunction with the main use. While there is
a commercial element to such recreational
activities, larger expanses of private open
space are a benefit to a community for many
of the same reasons as public amenities.
Private recreational facilities can be seasonal
depending on the type of activity. The
peak season for golf courses and sports
fields, for instance, is during the summer
months. This can result in a dramatic increase
in activity on the site and land use issues
can become more pronounced. Lighting,
parking areas, access, buildings, and
servicing requirements are potential sources
of nuisances that must be considered
prior to establishing such uses on the site.
Furthermore, there is a growing trend to
co-locate other uses with recreational
opportunities, such as accommodations and
restaurants.
Certain privately held recreation facilities
can be established in any zone with minimal
impact, but the Land Use Bylaw must set
out specific requirements that address the
potential issues noted above. Other types
of recreation uses such as campgrounds,
miniature golf, driving ranges, and tennis
clubs may be established through a rezoning
process where compatibility and suitability
issues may be properly addressed.
In some cases, residential development
may also be a component of commercial
recreation sites, such as subdivisions
integrated with a golf course. Given the
unique considerations in terms of the
layout of such developments, as well as the
potential need for public infrastructure, such
residential developments will be considered
via the development agreement process.
48
4 Land Use
Policy 4-104: Council shall, through the
Land Use Bylaw, establish the Commercial
Recreation Zone (P-2), which is initially
to be applied to existing commercial
recreation sites, such as golf courses and
campgrounds.
Policy 4-105: The Commercial Recreation
Zone shall permit a wide range of
recreational and civic uses, as well as
supporting amenities such as restaurants and
accommodations. Campgrounds shall only
be permitted by site plan approval.
Policy 4-106: Council shall consider
proposals for residential development,
including small residential facilities, in
the Commercial Recreation Zone by
development agreement. In considering
entering into such an agreement, Council
shall be satisfied:
a. the residential use is incidental to,
and integrated with, the recreational
use of the land;
b. appropriate conditions have been
established to ensure the long
term maintenance and financial
sustainability of any infrastructure in
the development;
c. where agricultural soils are involved,
the proposal complies with Policy
4-23; and
d. the proposal complies with
the general requirements for
development agreements, found in
Subsection 6.3.2.
Policy 4-107: Council shall consider,
through amendment to the Land Use Bylaw,
requests to rezone lands to the Commercial
Recreation Zone. When considering such
request special consideration shall be given
to the following:
a. the zone is permitted in the land use
designation applicable to the subject
site, as outlined in policies elsewhere
in this Plan;
b. where agricultural soils are involved,
the proposal complies with Policy
4-23; and
c. the proposal complies with the
general requirements for amending
the Land Use Bylaw, found in
Subsection 6.2.4.
49
4.9
COMPREHENSIVE
DEVELOPMENT DISTRICTS
In recent times, Colchester has been faced
with significant development pressures.
Meeting the needs of a growing community
requires flexible and creative approaches,
especially when responding to housing
shortages and a corresponding requirement
for commercial services and amenities. For
many years, several communities across
Nova Scotia have created policies enabling
the establishment of Comprehensive
Development Districts (CDDs) as a planning
tool to better manage such challenges,
especially for large tracts of land where
a thoughtful and phased approach is
needed to blend new development within
the communities in which they are situated.
For this reason, CDDs can be an attractive
alternative to traditional zoning standards
since roads, infrastructure, amenity space,
and active transportation routes need to
be carefully planned and integrated with
surrounding neighborhoods. Given the
detailed level of site-specific design,
conventional zoning is replaced by a
development agreement that will guide
future development with a high degree of
certainty.
Due to the complexities associated
with developing large tracts of land,
Council wishes to utilize Comprehensive
Development Districts as a means of
reconciling local needs with larger
community and public infrastructure
investments in stormwater systems, sanitary
sewer collection and treatment, water
distribution, waste collection, active
transportation networks and recreation
space while being mindful of the form,
function and impact new developments
may impose on adjoining lands. Since
CDDs are often used to infill large vacant
areas within sewer serviced areas that are
proximate to many community services and
amenities, having consideration for density
will help maximize public investments in
infrastructure while providing for an efficient
and sustainable use of land.
Policy 4-108: Council shall, on the Future
Land Use Map, establish the Comprehensive
Development District Designation and use
it to identify lands where a comprehensive
approach to development is encouraged.
Policy 4-109: Council shall, through the Land
Use Bylaw, establish the Comprehensive
Development District Zone.
50
4 Land Use
Policy 4-110: Development within the
Comprehensive Development District Zone
shall only be permitted by development
agreement, with the exception of single
unit dwellings and small residential facilities
which shall be permitted by development
permit. When considering entering into a
development agreement for proposals in the
Comprehensive Development Zone, Council
shall ensure: [no amendments to (a) through
(i) as set out in this policy]
a. The planned district provides a
mix of land uses as appropriate
to the location of the site. Where
appropriate, this should include
a variety of residential types and
densities and a mix of commercial,
institutional, and parks and open
space uses. Uses and densities
beyond what is otherwise permitted
in Growth Centres may be
considered.
b. The adequacy of existing and
proposed active and public
transportation and automobile
networks within and adjacent to the
site, including the manner in which
the proposed roadways within the
development are linked with streets
of adjacent developments to provide
for a cohesive grid-like network of
local and collector streets and active
transportation infrastructure.
c. The development does not create
the potential to landlock or reduce
the ability to subdivide adjacent
parcels.
d. The development provides for
efficient pedestrian movement into,
out of, and within the development,
especially between commercial and
residential neighbourhoods.
e. The adequacy of surface area park
land, which is to be transferred to the
Municipality through the subdivision
process.
f. The adequacy of stormwater
management.
g. Appropriate phasing of the
development relative to the
distribution of the specific land
uses and infrastructure within all or a
portion of the site.
h. The development agreement
provides for its discharge and
the application of appropriate
zoning once the infrastructure and
phasing goals of the comprehensive
development have been achieved.
i. The proposal is consistent with the
general development agreement
policies of Subsection 6.3.2.
Policy 4-111: Council may consider, for lands
located within Growth Centres, requests
to rezone lands to the Comprehensive
Development District Zone provided
Council is satisfied:
a. the Comprehensive Development
District is permitted within the
applicable Future Land Use
Map designation, as outlined by
designation-specific policies
elsewhere in this Plan;
b. the area being considered has
access to a designated collector
road;
c. the proposal cannot be
accommodated through the standard
permitting process or by rezoning
to another zone or zones permitted
within a Growth Centre;
d. the complexity, scale, or other
characteristic of the proposal is such
that Council believes the proposal
would benefit from a public review
process; and
e. The proposal complies with the
requirements of the general policies
for Land Use Bylaw amendments
outlined in Subsection 6.2.4.
51
4.10 FLOOD RISK AREAS
Flooding in Central Colchester is perhaps
one of the most serious environmental
conditions affecting nearly 1100 properties.
Development in flood prone areas has
occurred practically since the beginning of
the community's formation in the early 1700s
and remnants of the early Acadian dikes
can still be found in parts of Lower Truro
and Onslow. Originally, development was
sparse, consisting of agricultural structures,
homes and small businesses mostly located
in peripheral areas of Robie Street, Main
Street, North River, Lower Truro, and Onslow.
Improvements to transportation systems
during the late 1960s and early 1970s had a
dramatic effect on development patterns,
particularly along Robie Street. Twinning
of the 102 Highway provided excellent
exposure to large undeveloped tracts
of land and soon the Robie Street area
succumbed to pressures of commercial
development.
The persistence to develop in flood risk
areas brought about many dangers that
have historically been difficult to manage in
a meaningful way. Often, property owners
relied on historical data and local folklore
to protect new buildings from flood risk.
However, as development pressures
increased, the urgency to create policy and
regulations grew. This became more acute as
demands on government for flood damage
assistance increased, especially when the
insurance industry was becoming more
reluctant to underwrite such risks.
The confluence of the Salmon and North
Rivers with their many tributaries is a
complex and unpredictable water system.
Its interface with the significant Bay of
Fundy tides has resulted in it being one
of the most studied flood plains in North
America. Since 1900 there have been no less
than a dozen studies that have examined
components of the river system and
flooding. These have been generally issue
specific and offered little help to provide a
comprehensive understanding of the nature
and characteristics of this tidal flood plain.
It was not until the Canada - Nova Scotia
Flood Damage Reduction Program in late
1970s when uniform development standards
were together with the formal designation of
five flood risk areas in the province of Nova
Scotia, one of which included the Salmon
and North Rivers. This designation and a
resulting Federal - Provincial Agreement
Respecting Flood Damage Relief in 1988
pressured municipal governments to
recognize the serious nature of flooding and
conditions necessary for basic development
standards; first that development must be
prohibited in areas flooding at a relative
frequency of once every twenty years,
and second that buildings must be flood
proofed in areas flooding at a frequency of
1:100 years. Together, these are the two basic
principles on which planning documents
in Colchester and the remainder of the
province are based.
52
4 Land Use
For more than a century, there have been
many proposals aimed at solving the
flooding problems experienced in Central
Colchester. Dikes, piers, tidal and headwater
dams, river realignments, ice parks, and
aboiteaux and channel alterations have all
been designed to solve one problem but
have either created others or were far too
costly. Circumstances in the mid 1990s
prompted planning staff from both Truro and
Colchester to consider a joint management
approach to flood related issues involving
a balanced "cut and fill" process that could
enable alterations to established flood
boundaries, subject to certain criteria. It was
envisioned that this approach could have the
following advantages:
- flood prone areas could continue to flood
naturally without significant damage to
property;
- allow existing developed areas to evolve
and continue to grow without affecting
the capacity of the flood plain which
decreases the storage capacity of flood
waters;
- this approach would be non-capital
or maintenance intensive to governing
bodies; and
- would not interfere with upstream
management of storm water runoff.
The benefits of this approach have been
based on two key points: first, the flood
plain outside of developed areas is relatively
pristine and needs to be protected and,
second, the flood way or natural drainage
patterns need to be maintained and, in some
cases, restored.
To test the "cut and fill" concept, the Town
of Truro, Municipality of Colchester and
Province of Nova Scotia cost shared the
Truro Flood Plain Study - 1997 completed by
Environmental Design & Management (EDM)
in 1998. The report concluded the approach
was valid and had further identified a
series of improvements and recommended
process through which it could be
implemented.
While novel in its approach, the impacts of
climate change have since become more
pronounced and more sophisticated flood
modelling has the capacity to integrate
storm frequencies and sea level rise to
more accurately predict flood risk areas. To
address this emerging reality, the Province of
Nova Scotia has partnered with municipalities
to develop flood mapping for all major
watercourses in the province. The project,
known as the Municipal Flood Line Mapping
Program, is currently in progress. As of
early 2025, in Colchester only watercourse
draining to the Minas Basin have been
mapped.
Policy 4-112: Council shall recognize the
principles and standards established under
the 1988 Canada - Nova Scotia Flood
Damage Reduction Program.
4.10.1 Boundaries and Flood Plain Areas
The flood plain is composed of two main
geographic areas: first, the area that floods
at a relative frequency of 1:20 years, referred
to as the "flood way", and second, areas
that flood at a relative frequency 1:100
years, known as the "flood way fringe". The
flood plain became officially designated
under the Flood Damage Reduction
Agreement between the federal and
provincial governments in March of 1988
which effectively removed any responsibility
to pay flood damage relief claims for
new development that did not meet the
recommended flood proofing standards.
53
Municipality of Colchester - Municipal Planning Strategy
Until 1998, the regulation of flood plains
had been a municipal responsibility and
had generally only occurred in areas where
land use planning has been completed. In
Colchester, flood plain regulations have
existed in Bible Hill, Salmon River, Lower
Truro, and Valley since 1986, 1987, 1988, and
1991 respectively. Adoption of the Municipal
Government Act in 1998 also brought into
force the Statements of Provincial Interest,
one of which identifies the five designated
flood plains in the province and obligates
all affected municipalities to address such
through municipal planning documents.
Policy 4-113: Council shall, on the maps
of the Land Use Bylaw, apply the Flow Way
Zone (E-1) to certain land within the 1:20 year
flood frequency depicted in the Truro Area
Floodplain Management Study prepared
by EDM Consultants in 1998 to ensure that
primary drainage ways remain unobstructed.
Policy 4-114: Council shall, on the maps of
the Land Use Bylaw, apply the E-2 Flood
Way Zone to the remainder lands within the
1:20 year flood frequency depicted in the
Truro Area Floodplain Management Study
prepared by EDM Consultants in 1998,
except areas described under Policy 4-115.
4.10.2 Accommodating Development in
Flood Risk Areas
One element of the EDM 1997 Truro Flood
Plain Study examined the impact of minor
adjustments to the 1:20 year flood way
boundary to accommodate development
in certain areas of Truro - Colchester where
development pressures are highest, and
the complex interface exists between
development and flooding. The modelling
revealed that limited amounts of "cut and fill"
are possible when designed properly and
where the principal objective is a net zero
loss to storage capacity. A 2016 Flood Risk
Study by CBCL also examined this approach
and likewise concluded infilling in existing
commercial corridors (e.g. Robie Street) would
have an insignificant impact on flood elevations
and it is reasonable to accommodate limited
development in such areas.
The EDM Study recommended a managed
approach to flood plain protection in the urban
core which was based on two fundamental
principles: first, the flood flow way must not
be encroached upon in any manner and,
second, flood water storage may be moved
within a localized area provided there is no
net loss to storage capacity. Adjustments to
the 1:20 year flood way line using this "cut and
fill" procedure must be confined to localized
areas limiting the extent to which fill can be
moved, subject to a design prepared by a
qualified professional. Other areas remain
relatively pristine, and development will not
be encouraged to continue in the absence of
supporting studies.
The Provincial Statement of Interest also
allows municipalities to study alternatives
concerning the development of land in
flood risk areas. As provided for under
the Statement, mapping revisions "...may
be permitted provided a hydro technical
study, carried out by a qualified person,
shows that the proposed development will
not contribute to upstream or downstream
flooding or result in a change to flood flow
patterns." There are pockets of development
in the 1:20 year flood way along Robie Street,
Lower Truro and Main Street / Farnham Road
that have developed mostly for commercial
purposes, some of which in the absence
of modern floodproofing standards.
Council has made significant infrastructure
investments in these areas and intends
to allow redevelopment of these lands
subject to a balanced "cut and fill" process,
provided any main structures are situated
above the 1:100-year flood elevation.
Use of this approach will be conditional
on a property owner retaining a qualified
professional to assess and design such.
Policy 4-115: Council shall, notwithstanding
Policy 4-114, on the maps of the Land Use
Bylaw, apply the Flood Way Modification
Overlay (E-3) to lands in the area examined
under the EDM 1997 Truro Flood Plain Study
and having a 1:20 year flood frequency.
These lands may be developed using a "cut
and fill" procedure described in the Land
Use Bylaw.
54
4 Land Use
Policy 4-116: Council shall, subject to the
underlying zoning applied to the affected
lands, allow development in the Flood
Fringe Overlay (E-4) and the Flood Way
Modification Overlay (E-3) provided that
all main buildings are flood proofed in
accordance with the policies of this Strategy
and associated provisions in the Land Use
Bylaw.
Policy 4-117: Council shall encourage
all levels of government to observe the
objectives expressed in this Strategy
regarding land use and capital work
programs in areas exposed to flood risks
as described in the Statement of Provincial
Interest Regarding Flood Risk.
4.10.3 Other Known Flood Risk Areas
The Statement of Provincial Interest
Regarding Flood Risk Areas also applies
to "known floodplains that have not been
mapped under the Canada-Nova Scotia
Flood Damage Reduction Program". In these
cases development must be subject to the
flood fringe requirements.
The two areas that qualify as "known
floodplains" in Colchester are provincially-
designated marshlands and lands mapped
under the Provincial Municipal Flood
Mapping Program. The latter program is, at
the time of this writing, currently in progress
and only the Minas Basin has mapping. Once
this program is complete, Council will revisit
the flood overlays and will adjust them based
on the full findings of the Municipal Flood
Mapping Program.
Policy 4-118: Council shall, through the Land
Use Bylaw, apply the Flood Fringe Overlay
(E-4) to lands identified as protected
marshland under the Agricultural Marshland
Conservation Act that are not otherwise
covered by more stringent flood overlays.
Policy 4-119: Council shall, through the Land
Use Bylaw, apply the Flood Fringe Overlay
(E-4) to lands currently mapped under the
Municipal Flood Line Mapping Program.
Policy 4-120: Upon completion of the
Municipal Flood Mapping Program within
the Municipality of Colchester, Council shall
amend the flood overlays of the Land Use
Bylaw to apply the Flood Fringe Overlay (E-
4) in compliance with the boundaries of the
updated Municipal Flood Mapping Program
mapping.
4.10.4 Land Uses Prohibited in Flood Risk
Areas
Flooding is a serious environmental condition
that has direct implications on certain types
of land uses that are situated in areas of high
risk. Development in Central Colchester has
encroached on the floodplain but fortunately
many of these uses do not present serious
safety or environmental issues. To ensure
that such human and environmental risks
are minimized, this Strategy will prohibit the
establishment of certain land uses in areas
exposed to varying degrees of flooding.
The E-1 Flow Way Zone delineates the
primary drainage ways for flood waters. It is
critical their function be maintained and, in
some cases, improved to ensure water flows
freely into the Cobequid Basin. These areas,
together with land identified E-2 Flood Way
Zone, create the highest risk of flooding
and accordingly, structural development of
any kind must not be allowed, particularly
during seasons where heavy rainfall and
freezing conditions are most likely to occur.
Recreational activities, land cultivation, and
in some areas, parking lots are among the
only types of uses suited to such areas.
Even these activities may involve alterations
to topography which can have significant
effects on the extent and pattern of flooding
in both the E-1 and E-2 Zone. Standards
will be developed in the Land Use Bylaw
outlining precise requirements for land
forming and soil conservation practices.
The moderate risk of flooding in areas
associated with the E-4 Flood Way Fringe
Overlay (i.e. 1:100 years) and the E-3
Flood Way Modification Overlay, affords
an expanded list of development options
provided any such buildings meet flood
proofing standards. These areas provide
valuable flood water storage capacity and
55
Municipality of Colchester - Municipal Planning Strategy
are generally less affected by ice or moving
water. Consequently, development in such
parts of the floodplain is tolerable with
minimal repercussions since water will rise
and fall around the structure in a relatively
short time frame. There are, however, certain
types of land uses that are not suited to the
Flood Way Fringe or Flow Way Modification
Overlay. Hospitals, senior citizen housing,
homes for special care, and similar types of
uses could threaten the occupant safety if
flood evacuation becomes necessary. Other
uses such as the warehousing or production
of hazardous materials may also increase the
risks of environmental contamination during
a period of flooding. For these reasons, the
Land Use Bylaw will only permit these types of
land uses in areas not affected by flood risk.
Policy 4-121: Council shall seek to preserve
flood dynamics by prohibiting permanent
structural development in the E-1 Flow Way
Zone and the E-2 Flood Way Zone except for
temporary structures accessory to permitted
agricultural, recreational, and / or resource
land uses and set out specific requirements
in the Land Use Bylaw for vegetation
management and topographical alterations.
Policy 4-122: Council shall, through the Land
Use Bylaw, not permit the establishment of
institutional land uses such as hospitals, senior
citizen housing, special care facilities, and
other land uses with elevated public safety
considerations in areas exposed to flood risk.
Policy 4-123: Council shall undertake
to protect environmental quality in all
floodplain areas by not allowing any land
use activity that has heightened potential of
contaminating the Salmon and North Rivers.
4.10.5 Flood Proofing Standards
Traditional flood proofing standards
recommended under the Flood Damage
Reduction Program consist of elevating
buildings by depositing fill to an elevation
above the predicted 1:100 year flood event.
This is the "minimum opening elevation"
for any main structure to be constructed.
It is important to recognize the 1988 Flood
Damage Reduction Agreement between the
Federal and Provincial Governments used
the 1:100 year flood elevation as a minimum
standard for new construction in flood risk
areas and anything less would not qualify for
flood damage relief payments.
Moving fill into the 1:100 year floodplain
can reduce the capacity of the flood plain
to flood; however, it is marginal compared
to other areas that flood more frequently.
It is, however, important to conserve as
much of the storage space as possible
and infilling must be limited to an area
immediately around the buildings. There
are cases where infilling may be necessary
to address practical site design issues. For
instance, an elevated development may
not be able to accomplish safe, functional,
and convenient shopping cart access
to parking areas below. There may also
be other circumstances where an owner
wishes to carry out land alterations only
to improve site drainage, aesthetics, or
for general maintenance considerations.
In such cases, limited infilling should be
allowed to overcome or accommodate such
issues provided an equivalent amount of
flood storage space can be supplied in the
immediate vicinity. The Land Use Bylaw will
identify a process for this to occur, similar in
concept to the development provisions for
the E-3 Flood Way Modification Overlay.
56
The Truro Flood Plain Study -1997 briefly
examined alternative flood proofing methods
such as piers, buildings designed to flood,
and lot layout re-design. It further suggested
a document named "Flood Proofing: A
Component of Flood Damage Reduction,
PORTFOLIO OF CASE STUDIES" prepared
by James MacLaren Limited, Consulting
Engineers, Planners and Scientists in 1978
could be a potential source of alternative
flood proofing techniques that may have
current applications. While these may not
be suitable for all development scenarios,
the document demonstrates that other
flood proofing options exist which may
better respond to specific development
needs and further study could be done to
accommodate innovative solutions.
Policy 4-124: Council shall require that any
main structure permitted in an area exposed
to flood risk be flood proofed to an
elevation that exceeds the 1:100 year flood
frequency indicated on mapping prepared
under the Municipal Flood Line Mapping
Program.
Policy 4-125: Council shall develop
standards in the Land Use Bylaw that set
out specific requirements for the infilling
of land for flood proofing purposes and
limit the amount of infilling to an area
immediately around the structure as a means
of conserving flood storage.
Policy 4-126: Council shall, notwithstanding
Policy 4-125, apply the "cut and fill" principle
to permitted developments in the flood
plain that require fill to better accommodate
access, parking lots, accessory structures,
improved drainage and aesthetics, or other
functional site features.
Policy 4-127: Council may explore other
flood proofing alternatives that may better
meet the individual needs of landowners and
investigate how these may be incorporated
into the Land Use Bylaw.
57
4.10.6 Ponding, Reinstatement, & Soil
Conservation
The "cut and fill" approach can lead to
undesirable excavations in the flood plain
particularly to facilitate smaller forms of
development. Random pits and ponds of
water not only create safety issues but can
be unattractive and interfere with flood flow
characteristics. Because of such concerns, the
establishment of new ponds must be limited to
planned developments that are part of a land
use activity permitted in the flood plain.
The practice of "cut and fill" will inevitably
lead to areas of exposed soils. While land in
the flood plain tends to be flat, the impacts
of erosion on the river systems can be severe
during a flood event or periods of high
precipitation. This is because the floodplain
is directly adjacent to the river and numerous
drainage ways. It is necessary to keep the
river channel free of sedimentation to both
maintain environmental quality and to ensure
drainage systems (including aboiteaux)
function properly.
The flood plain has traditionally been an
important agricultural resource particularly in
areas where large expanses of land are still
farmed. The "cut and fill" procedure has the
potential of placing a higher value on land
due to the fact that elevated areas may be
excavated to accommodate development
elsewhere. The Province's Agricultural
Marshlands Conservation Act identifies areas
of the flood plain where economically viable
tracts of land exist for agricultural purposes.
Conservation of quality agricultural soils is
important, yet it will always compete with
the economics of valuable flood storage
capacity. It is however possible to remove
topsoil, stockpile it on site, excavate the less
desirable under burden, and then reapply
the topsoil over an excavated site. This
approach would encourage broader areas
of disturbance (i.e. four inch as opposed to a
four-foot-deep cut to achieve the required
fill) and as a result may affect drainage
patterns. Consequently, any land forming
being done to achieve a "cut and fill" should
be completed in accordance with the
principles and practices of land forming to
achieve positive drainage.
Policy 4-128: Council shall, through the Land
Use Bylaw, restrict the creation of ponds to
planned developments in the floodplain that
are part of a land use activity permitted in the
zone in which they are located.
Policy 4-129: Council shall require any
soil disturbances in the flood plain be
reinstated by appropriate means to minimize
erosion and sedimentation and maintain
environmental quality within the Salmon and
North River systems.
Policy 4-130: Council shall identify areas of
the floodplain suitable for agricultural soil
conservation.
Policy 4-131: Council shall require that a
prescribed depth of topsoil be retained
for reclamation of an area being excavated
within the floodplain.
Policy 4-132: Council shall set standards
in the Land Use Bylaw for reinstatement of
disturbed land in the flood plain subject to
the principles and practices of land forming
promoted by the agricultural industry.
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4.10.7 Remedial Measures
A significant amount of development in the
flood plain predates findings of the 1988
Flood Damage Reduction Program. The
standard flood proofing approach for new
development and expansions to existing
structures, as discussed in earlier sections, is
to elevate these above the 1:100 year flood
elevation identified under the Municipal
Flood Line Program mapping. This is normally
accomplished by infilling the footprint of the
building and sloping fill at outer edge of the
structure to natural grade.
Many development scenarios are flexible
enough to apply the elevated flood proofing
technique. Others, however, are limited by
structural elements that cannot be easily
raised. In these cases, it may be possible to
accept alternative flood proofing methods
such as dikes, piers, flood gates, etc. that
ensure flood waters to protect the main
structure. These types of approaches
should be limited to situations where raising
a structure is not reasonably practical and
must be analyzed and designed by qualified
professionals. The mechanical and physical
nature of flood proofing alternatives require
a certain amount of maintenance to be
effective. Development agreements can
provide a means of ensuring ongoing tests,
monitoring, and maintenance are performed
at specified intervals.
Similarly, there are many instances where
existing homes are affected by periodic
flooding, and it is not always economical to
flood proof these structures by conventional
means. It is important property owners be
allowed an opportunity to use alternative
approaches to protect their homes from
flooding. Since this is directed at existing
residential uses, development agreements
need not be used, and professional services
would be preferable but not required.
Policy 4-133: Council may consider
alternative flood proofing techniques where
it is clear that the use and expansion of
the structure must remain at the existing
elevation provided the expansion is subject
to a development agreement. In addition to
the criteria outlined in the Implementation
Chapter of this Strategy, Council shall be
satisfied that the following matters have
been addressed:
a. the flood proofing technique has
been designed by a qualified
professional engineer;
b. the approach does not impede or in
any way restrict flood way drainage
patterns including the formation and
movement of ice;
c. that the agreement provides for
adequate and regular maintenance,
testing, and monitoring of the flood
proofing method, where applicable;
d. that Council may require, at the
applicant's expense, to provide a
study from a qualified professional
acceptable to Council, to assure that
the proposed flood proofing method
will not alter flood plain dynamics and
is appropriate in consideration of
localized flooding characteristics.
Policy 4-134: Council may allow for the
alternative flood proofing of existing private
residential uses and encourage property
owners to obtain professional advice in this
regard.
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Municipality of Colchester - Municipal Planning Strategy
4.10.8 Mapping Amendments
While the 1988 Flood Damage Reduction
Program designated and set standards
for new development in the floodplain,
municipalities were largely left to implement
recommended development standards.
Many parts of Central Colchester were
not zoned until 1994 and consequently no
restrictions on infilling were in force until
after this date. Other zoned areas prior to
completion of the Flood Damage Reduction
Program had modest requirements for
development in the floodplain but not
always consistent with those of the Program.
Development since that time led to some
inaccuracies that should be considered only
if such changes occurred lawfully. Council
will consider amending the floodplain zones
and overlays if an applicant can demonstrate
that such changes are warranted.
Policy 4-135: Council may consider
amendments to the E-1 Flow Way Zone,
E-2 Flood Way Zone, E-3 Flood Way
Modification Overlay, and E-4 Flood Fringe
Overlay where a hydro-technical study or
topographical survey information indicates
that amendments are warranted. Under
this Policy, Council may require, at the
applicant's expense, a study from a qualified
professional hydrologist, surveyor, or survey
engineer of Council's choice.
Policy 4-136: Council may consider
floodplain mapping amendments where
topographical alterations associated with a
development, or mapping error has lawfully
occurred.
4.10.9 General Flood Plain Issues and
Provisions
VARIANCES & DEVELOPMENT AGREEMENTS
The Municipal Government Act contains
provisions that allows the Development
Officer to consider variances under unique
circumstances which allows for a slight
deviation from the standards set under
the Land Use Bylaw. In a similar way, a
development agreement can contain a set of
development standards that vary from those
usually applied under traditional zoning.
The sensitive nature of the flood plain
together with the high risks and associated
legal implications do not lend themselves
to variances of flood plain development
standards. To ensure that the objectives
are not compromised, planning and/or
administrative processes shall not permit the
variation of development standards in flood
risk areas except as provided for under
Subsection 4.10.7.
Policy 4-137: Council shall not waive any of
the Land Use Bylaw requirements for flood
proofing under a variance or development
agreement process except in circumstances
described by Policy 4-133 and Policy 4-134
of this Strategy.
FLOOD MONITORING
The Salmon River has often been referred
to as one of the most studied flood plains
in Canada and little has been done to
implement a long-term flood monitoring
program to compile data for future analysis.
Council intends to promote and support
initiatives aimed at improving the quality of
flood related data for future reference.
Policy 4-138: Council may consider
participating in any flood monitoring
initiatives designed to record flood event
characteristics and pursuing partnerships
with the Town of Truro, the Province of Nova
Scotia, Government of Canada, and any
other stakeholders having an interest in flood
related issues.
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4 Land Use
PUBLIC INFRASTRUCTURE AND
MAINTENANCE PROJECTS
Infilling on the flood plain has not always
occurred on privately owned land. Public
projects like the twinning of the 102 Highway,
construction of the trunk sewer line, trails,
installation of lift stations and others may
be necessary projects carried out with the
public interest in mind. While the location of
these is dependent on several siting criteria,
there is the possibility that they may interfere
with the flood plain dynamics. Council
intends to observe the objectives expressed
under this Section whenever possible
but recognize that this may not always be
possible because of competing factors. It
will also endeavor to improve upon problem
areas where practical.
The Department of Agriculture has the
responsibility of maintaining approximately
17 kilometres of dikes and several aboiteaus
in the lower reaches of the Salmon River
and Cobequid Bay. Farmers, residents,
businesses, and other property owners rely
on this diking system for protection against
flood damage. From time to time, this type
of infrastructure requires maintenance and
improvement so that it may continue to
function properly and offer some measure
of security that residents have come to
depend on.
Policy 4-139: Council may encourage the
improvement of flood plain storage and
flood way dynamics in areas where this can
be achieved over time and particularly where
lands are owned or controlled by municipal
and other levels of government.
Policy 4-140: Council will generally support
dike maintenance and improvement
programs carried out by or under the
supervision of the Nova Scotia Department
of Agriculture.
STORM WATER MANAGEMENT
Flooding along the Salmon River is often
aggravated by localized storm water
problems that tend to be more pronounced
and occur on more frequently in areas of
the flood plain. This type of flooding is
every bit as troublesome and costly as the
tidal flooding shown on flood risk mapping.
Regardless of the source of flooding,
storm water is a major topic that should
be addressed in the future, not only within
areas exposed to flood risk but throughout
the entire watershed. Cooperation with
neighboring municipalities, villages, and
other levels of government will be necessary
to develop a comprehensive masterplan
capable of fully addressing this matter.
Policy 4-141: Council may, in conjunction
with Subsection 5.4.4 of this Strategy,
explore approaches of managing storm
water effectively in areas of the floodplain
together with the upstream drainage systems
that strongly influence the extent of flooding
in low lying areas.
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Municipality of Colchester - Municipal Planning Strategy
4.11 MI'KMAW LAND ZONE (ML)
The Debert Palaeo-Indian National Historic
Site is today, the oldest known and best-
recorded Palaeo-Indian site in Atlantic
Canada and the most northerly within North
America. It gives evidence of the earliest
human occupation in eastern North America
dating to 10,500-11,000 years ago.
The ancient inhabitants of Debert were the
first people to live on the far north-eastern
seaboard of North America. Excavations
continue to be funded by the Municipality
of Colchester at the site in Debert to
protect and expand our knowledge about
the people referred to as Saqiwe'k L'nuk in
the Mi'kmaw language, meaning ancient
people. These people occupied the land
now called Nova Scotia between 11,000 and
9,000 before present (BP) during an interval
referred to by archaeologists as the Palaeo
period. The Saqiwe'k L'nuk are the ancestors
of the present-day Mi'kmaq, and they play
an important role in the history of Mi'kma'ki,
the traditional unceded territory of the
Mi'kmaw People.
In 2003, a 4.4-kilometre forest trail, the
Mi'kmawey Debert Interpretive Trail, was
developed to share the story of Mi'kmawey
Debert. Plans are well underway for the
establishment of the Mi'kmawey Debert
Cultural Centre connected to the Trail. The
Centre's Elders Advisory Council describes
their vision for the facility as "a living place
where ancestors roam and where the past
and present are connected in our daily lives."
Policy 4-142: Council shall, through the Land
Use Bylaw, establish the Mi'kmaw Land Zone.
This zone shall initially be applied to the area
of the proposed Mi'kmawey Debert Cultural
Centre. Additional areas of this zone may be
established by amendment to the Land Use
Bylaw.
Policy 4-143: The Mi'kmaw Land Zone
shall permit a wide range of uses to ensure
continued social, cultural and economic
development of Mi'kmaw First Nations.
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5 Topic-specific Policies
5. Topic-specific Policies
5.1
GENERAL DEVELOPMENT
POLICIES
The land use designations and zones
discussed in the previous chapter provide a
geographic framework to guide and manage
development in the municipality. They
recognize and address specific land use
planning issues and challenges associated
with certain areas (e.g., serviced versus
unserviced, coastal versus inland) or certain
types of development (e.g., residential,
industrial, commercial); however, some
issues and opportunities are shared among
all areas of the municipality. These issues
include signage, the regulation and buildings
and lots, and non-conforming uses and
structures.
5.1.1
Regulation of Buildings and Lots
Land use planning can have a significant
impact on the look and feel of a community,
and fundamental to land use planning is the
establishment of rules and regulations that
influence the location and size of buildings
on a lot and the size of new lots. In areas
where lot sizes and buildings are smaller and
where buildings are closer to each other, this
helps to foster characteristics of an urban or
"village" setting. In these areas, residential
and commercial densities are often higher,
enabling greater access to services and
amenities. Conversely, in areas where lot
sizes are large and buildings are spaced out
from one another, this is more suited for rural
and lower-density areas of the municipality.
Lot size is also strongly correlated with
the availability of central services such as
municipal sewer and water. In these areas,
it is particularly advantageous to smaller
lot sizes to utilize municipal services most
efficiently.
Policy 5-1: Council shall, through the Land
Use Bylaw, regulate the size, location, and
number of buildings on a lot in order to carry
out the intent of each land use designation
and land use zone.
Policy 5-2: Council shall, through the
Land Use Bylaw and Subdivision Bylaw,
regulate the size of newly created lots to be
consistent with the intent of each land use
designation and land use zone.
Policy 5-3: Council shall, through the
Land Use Bylaw, establish regulations for
development on flag lots.
Policy 5-4: Council shall, through the Land
Use Bylaw, enable development as "existing
undersized lots" of lots created pursuant
to provisions of the Subdivision Bylaw or
Municipal Government Act that provide for
the creation of lots that do not meet Land
Use Bylaw standards.
Policy 5-5: Council shall, through the Land
Use Bylaw and Subdivision Bylaw, relax
lot provisions to enable subdivision and
development of lots on islands that do not
contain public or private roads.
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Municipality of Colchester - Municipal Planning Strategy
5.1.2
Accessory Structures
Accessory structures are a normal and
usual use associated with development.
However, in some situations the location
of these can affect access to the rear of
a lot, and can intrude on the enjoyment of
adjacent property, and if permitted in front
of main structures, can affect the general
appearance of a streetscape.
Policy 5-6: Council shall, through the Land
Use Bylaw, regulate the size of accessory
structures relative to lot sizes and the
location of all accessory structures.
5.1.3
Non-conforming Uses and
Structures
Structures and land uses are usually made
non-conforming when new policies and
regulations are adopted or changed. The
result is that the existing land use is no longer
permitted in a particular zone or that existing
structures no longer meet new development
standards (e.g. setbacks, building heights,
sign sizes, etc.). Sections 238 to 242 of the
Municipal Government Act outline several
requirements in this regard and, by reference
in the Land Use Bylaw, are intended to guide
decisions when such conditions exist.
The Municipal Government Act guarantees
certain protections for non-conforming uses
and structures that were legally developed
to ensure they can continue to operate and
function. One of the provisions for non-
conforming uses, however, is that once a
use has ceased to operate for a period
of six months it must then conform to the
new planning rules. Similarly, the Act does
not permit non-conforming structures to
expand. The Act also enables municipalities
to relax these regulations. Council does
not wish to establish undue hardships on
property owners who developed in good
faith, and intends to implement relaxations
permitting the expansion of non-conforming
structures, as provided for by the Act.
Policy 5-7: Council shall, through the
Land Use Bylaw, permit the expansion of
a non-conforming structure provided the
expansion does not increase the non-
conformity of the structure.
5.1.4
Signage
Signs are an essential component of
business activity and play an important role
in the local economy of both rural areas and
growth centres. Signage also helps establish
the personality of the community and
provides information to the travelling public
about the services and amenities available
in an area. They can provide marketing and
directional information and can also in certain
situations contribute to the architectural
fabric of a community.
However, when left unfettered and
unregulated, signage can result in 'sign
pollution' which can have negative impacts
on the amenity and landscape. It can also
result in derelict, and sometime dangerous
signs being left erected.
Fairly balancing the rights of a business
owner to communicate their presence in
a community with the right of a community
to exercise some control over its visual
environment is a difficult task. Typically,
sign requirements in a land use bylaw are
intended to allow for a variety of signage
types while also respecting the form and
appearance goals of a community. Scale
is of extreme importance, as signs need to
be proportionate to the environment they
represent in order to achieve a positive result.
Council supports a careful and balanced
approach to advertising signage to ensure
businesses can advertise their businesses
while also maintaining and protecting the
character of the municipality.
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5 Topic-specific Policies
Policy 5-8: Council shall, through the Land
Use Bylaw, regulate the type, size, location
and lighting of signs to balance the need
for advertising with the need to protect the
quality of the community.
Policy 5-9: Council may establish a uniform
off-site signage program to enable off-
site commercial directional signage while
managing the design of such signage to
limit visual clutter along roadways in the
municipality. Signage developed under such
a program shall be exempt from the signage
requirements of the Land Use Bylaw.
5.2
RESIDENTIAL DEVELOPMENT
Housing is one of the necessities of life.
Access to affordable, appropriate, and safe
housing is a need for every person living and
wanting to live in Colchester.
However, the Affordable Housing Needs
& Supply Study for Truro-Colchester,
completed in 2021, found that there are
gaps in the availability and affordability
of housing that meets of current and
future residents in the municipality. Renter
households, in particular, were identified as
having challenges with affordability, with 44%
of such households in Colchester County
(including the Towns) spending more than
30% of their before-tax household income
on shelter.
Meeting the housing needs of residents
in Colchester will require a spectrum of
approaches, from Affordable housing
provided by senior levels of government
and non-profits, to increases in the supply
of market housing. Importantly, new housing
must come in a variety of forms and sizes
in order to provide options to people with
different housing needs and at different
stages of their lives. This is reflected in the
various residential zones that are outlined
elsewhere in this Plan.
Policy 5-10: Council shall, through the
policies of this Municipal Planning Strategy
and the regulations of the Land Use Bylaw,
enable diversity in the form, scale, and
location of housing that is permitted in the
Municipality.
Policy 5-11: Council may explore and
implement municipal tools for increasing
the diversity and affordability of housing,
including--but not limited to--tax or
development fee incentives, divestiture of
municipal lands for housing purposes, and
municipal support for affordable housing
providers.
5.2.1
Home Occupations
Home occupations are emerging as an
important incubator for small and new
businesses. They offer homeowners and
tenants the opportunity to develop and
grow small-scale businesses while also
helping provide their communities and
neighbourhoods with many of the necessary
day-to-day services like childcare and
personal services. Home occupations also
provide the venue for artisans to perfect
their craft and build a customer base.
Council recognizes and supports home
occupations and the benefits they bring to
the community and municipality, but is aware
that some home occupations can create
challenges for neighboring uses. Council,
therefore, intends to limit the uses permitted
as home occupations, and their scope, in
keeping with the intensity of the land uses
zones in which they are located.
Policy 5-12: Council shall, through the
Land Use Bylaw, permit home occupations
accessory to residential uses with particular
specifications and limitations for size, use,
signage, and outdoor storage and display to
ensure the residential character is retained.
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Municipality of Colchester - Municipal Planning Strategy
5.2.2
Residential Facilities and Small
Options Homes
The diverse residents of Colchester require
housing options that support their needs.
In some cases, this may include residential
care or other forms of support to varying
degrees. The spectrum of supportive
housing can range from residential facilities
offering 24/7 care for residents to small
options homes where adults share a living
arrangement supplemented by support
workers. Council strongly believes in meeting
the housing needs of all of the municipality's
residents and wants to ensure planning rules
do not create barriers to supportive housing
options.
Policy 5-13: Council shall, through the Land
Use Bylaw, treat supportive housing options,
such as small options homes and residential
care facilities, the same as other residential
uses of a similar scale.
5.2.3
Accessory Dwellings
One approach to increase housing
options without drastically altering existing
neighbourhoods is to enable "accessory
dwellings". This housing option can take the
form of a subsidiary apartment within the
main dwelling, or as a standalone accessory
structure.
Because this form of housing is intended
to be low-impact intervention--often in
established neighbourhoods--Council will
establish provisions to limit its scale.
Policy 5-14: Council shall, through the Land
Use Bylaw, permit accessory dwellings in all
zones where new single detached dwellings
are permitted, except those zones where
single detached dwellings are primarily
intended as housing for on-site employees.
Policy 5-15: Council shall, through the Land
Use Bylaw, establish standards for accessory
dwellings that limit their scale and location
on a lot.
5.2.4 Cluster Developments
Over the last number of decades, a
considerable amount of attention has been
drawn to urban sprawl, the preservation
of open space and rural character,
environmental protection, and the loss of
quality farmland.
Since the 1990s, "cluster development"
models have emerged as a partial
response to these challenges. The cluster
development concept allows for the
establishment of residential development
in higher concentrations while preserving
remaining open space for farmland,
recreation, maintenance of rural character,
protection of environmental features, or to
generally improve amenities and aesthetics.
While gross development densities usually
resemble those of traditional subdivisions,
buildings are typically constructed in a
series of higher density nodes separated by
generous amounts of open space.
Most common of these are developments
that have been carefully integrated with
recreational amenities like golf courses that
wind through pockets of compactly sited
detached and multi-unit housing. Other
examples include agriculture-focused
developments. Such agriculture-focused
developments could be focused on farm
worker housing, or could simply be market
housing where the intent is to obtain the
same net density of development but
protect as much agricultural land as possible
by clustering homes on poor soils.
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5 Topic-specific Policies
The cluster development form has the
ability to reduce costs, restore areas of
ecological sensitivity, meet a market need for
low maintenance housing, and significantly
reduce the impacts of development on
watersheds. The cluster development model
has not been widely used in Canada to
date but is growing in popularity as many
excellent examples have withstood the test
of time in the United States.
Cluster developments generally do not
respond well to traditional zoning practices
because the resulting built form can be
varied and give rise to issues associated
with higher density development. Storm
water, traffic management, utilities and
infrastructure, land ownership arrangements,
building design and densities, landscaping
and road maintenance are among
the important elements that require
consideration as the design process
proceeds. For these reasons, Council feels
that proposed cluster developments need
to be carefully reviewed in the context of
land use planning and other community
development objectives. Smaller cluster
developments will proceed via site plan
approval. For larger cluster developments,
a development agreement is the preferred
approach since these offer a high level of
assurance that such site design and ongoing
maintenance issues are properly addressed.
Cluster developments are typically
comprised of residential land uses; however,
when these are associated with recreation
amenities like golf courses, equestrian
facilities, ski hills, etc. a certain amount
of accessory commercial activity is likely.
Council recognizes that these types of
uses are integral to such recreational based
businesses and intends to allow them in an
accessory capacity.
Policy 5-16: Council shall permit cluster
developments of up to 16 dwelling units by site
plan approval in all residential zones except the
Residential Single Unit Zone in Growth Centres.
Council shall also permit cluster developments
of up to 16 dwelling units by site plan approval
in the Rural General Zone, in the Rural
Residential Zone, in the Agricultural Potential
Zone, and in the Shoreline Zone
Policy 5-17: Council shall consider entering
into a development agreement to enable
proposals for all cluster developments in
the Commercial Recreation Zone and Single
Dwelling Unit Zone and cluster developments
larger than 16 dwelling units in residential zones
in Growth Centres, in the Rural General Zone,
in the Rural Residential Zone, in the Agricultural
Potential Zone, and in the Shoreline Zone.
When considering such developments special
consideration shall be given to the following:
a. The development shall retain at least
40% of the total land area as open
space, agriculture, or developed for
outdoor recreational purposes such
as a golf course.
b. The overall density of the entire
development, in terms of dwelling
units per hectare, shall not exceed 1.5
times what could be achieved through
as-of-right development in the
applicable land use zone(s). Where
the development encompasses
more than one zone, the as-of-right
development potential shall be
calculated proportional to the land
area of each of the applicable zones.
c. Housing clusters shall comprise no less
than ten dwelling units and no less than
five independent residential structures.
d. Commercial uses may be permitted
provided they are accessory to the
open space use.
e. The development agreement shall
outline responsibilities for the
use, ownership, maintenance, and
improvement of the open space,
as well as any amenities or services
associated with the development.
f. The proposal shall be consistent
with the general policies for
development agreements, found in
Subsection 6.3.2.
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Municipality of Colchester - Municipal Planning Strategy
5.2.5
Manufactured Housing and Land
Lease Communities
Detached housing in North America is
typically built in one of two fashions: site-
built, with foundations poured on site and
framing constructed on site or brought in
as panels, or "manufactured", where entire
homes are built off-site and trucked in,
either on a flatbed or on their own wheeled
substructure.
Decades previous, such homes were known
as "mobile homes" and were built to a less-
stringent set of codes than site-built housing
of the time. While these mobile homes are no
longer constructed, there remain many such
existing structures. Given their mobile nature,
provision is needed to accommodate their
placement in new locations.
Today, manufactured housing is required
to be built to modern codes and can be
indistinguishable from site-built housing.
Often known as "mini homes" or "modular
homes", these dwellings will be permitted
in the Land Use Bylaw the same as site-built
dwellings.
One of the unique aspects of manufactured
housing is that the ability to more easily move
these structures around enables "land lease
communities", where units of land are rented
for individuals to place their manufactured
home. Land lease communities typically
include infrastructure and services, such as
interior "streets" and water connections, and
may also include communal amenities, such
as laundry facilities, playgrounds, pools, etc.
In the past this necessitated a separate by-
law and specific planning and development
policies. However, this Plan's approach to
various housing densities has made those
past tools redundant and new land lease
communities will be approved in same
manner as other higher density dwellings.
Some provision must be made for regulating
existing land lease communities that were
developed under the assumption of the
framework provided by old policies and
by-laws. Therefore, the Land Use Bylaw will
contain some regulations specifically related
to existing land lease communities.
Policy 5-18: Council shall, through the Land
Use Bylaw, permit mobile homes in the Rural
General Zone, Rural Residential, Agriculture
Potential Zone, and Shoreline Zone, as well
as on lots zoned Double Dwelling Unit and
fronting on Guest Drive in Bible Hill.
Policy 5-19: Council shall, through the Land
Use Bylaw, permit manufactured housing in
the same manner as site-built dwellings.
Policy 5-20: Council shall, through the Land
Use Bylaw, establish regulations to manage
existing land lease communities that were
subject to previous policies and by-laws
related to land lease communities. New land
lease communities shall be approved in the
same manner as other dwellings of a similar
density.
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5.3
TRANSPORTATION
Perhaps one of the most distinct influences
on community growth patterns are
transportation networks. Considering a
population's dependency on vehicular
transportation, the importance of safe and
efficient transportation linkages, as well as
alternatives such as active transportation,
has never been more prominent. Providing
this infrastructure is a major responsibility for
the Province, the Municipality, and, in some
cases, private landowners. It is, therefore,
important that this Plan's policies support an
efficient, sustainable, transportation system.
5.3.1
Public Arterial and Collector Roads
Each Growth Centre is serviced by several
roads that function as an arterial or collector.
By nature, the function of these roads is to
move traffic efficiently from and to key points
within a community. To accomplish this, it
is a good practice to minimize the number
of new intersections or concentrating local
traffic at a few intersections to reduce the
traffic flow interference. Additionally, certain
types of land uses such as commercial,
institutional, and higher density residential
development are suited to collector road
corridors due to visibility, traffic volumes,
access, and the high intensity of such
land use activities. These can act as a
good transition between active areas of
the community and the quieter residential
neighborhoods. The function of certain
roads may change over time and Council
should periodically monitor the performance
of road systems.
Policy 5-21: Council shall, as an appendix to
the Land Use Bylaw, establish an urban street
hierarchy and list streets that now function as
collectors in the Growth Centres.
Policy 5-22: Council shall, when considering
entering into a development agreement or
amending the maps of the Land Use Bylaw,
consider the presence of adjacent arterial
or collector roads as a positive aspect when
establishing the suitability of higher densities
or intensities of development.
5.3.2
Public Local Roads
Local roads are generally those that are
deeded to the Municipality since 1997
through the subdivision process and exist
to provide internal traffic movement within a
node of development. This creates a need for
the Municipality to maintain these roads and
to replace them when they reach end-of-life.
It is in the Municipality's interest to ensure
these roads are clustered within limited areas
and designed to an appropriate standard so
ongoing maintenance (such as snow clearing)
is efficient and financially sustainable.
Since construction of such roads relies
entirely on the subdivision process, the
completion of internal road networks can take
years to complete. Often, road reserves and
dead ended streets serve as access points
to adjacent properties and connections are
required as new roads are built. This can come
as a surprise to residents who have, for many
years, enjoyed the luxury of a dead ended
street. Nonetheless, the continuation of such
roads is necessary to provide linkages for
local traffic as neighborhoods develop and
internal road networks will help reduce the
number of new intersections with collector
and arterial roads.
Policy 5-23: Council shall, through the
Subdivision Bylaw, establish design and
construction standards for public roads.
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Municipality of Colchester - Municipal Planning Strategy
5.3.3
Private Roads
Private roads are roads that are not owned
by a municipal or provincial government.
They enable development in areas where
it would not be financially feasible to build
roads to a public standard due to the low
density of development. However, private
roads can also come with challenges such
as differences in maintenance expectations
when they are shared by multiple people. As
a result, Council believes that private roads
should only be used in areas where there are
few other feasible options.
Council also believes that private roads
should be built to a basic minimum standard
to ensure property owners can expect
reasonable maintenance requirements and
safe roadway widths to accommodate
emergency vehicles and heavy equipment,
such as construction material deliveries.
As a result, Council has adopted minimum
specifications for private roads.
Policy 5-24: Council shall, through the
Subdivision Bylaw, identify areas where
new private roads are permitted and not
permitted.
Policy 5-25: Council shall adopt minimum
standards for the construction of new private
roads that provide access to more than three
lots.
Policy 5-26: The Municipality shall not
take over ownership or provide municipal
services to private roads unless the private
road has been upgraded to the design and
construction standards for public roads
established in the Subdivision Bylaw and
Council has established that taking over the
road or providing services would be in the
good interests of the Municipality.
5.3.4
Regional Transportation
Connections
The greater Truro area has played a
significant role in the development of
railway systems throughout Nova Scotia.
Appropriately named, the "Hub Town"
serves as an important focal point for the
Canadian National Railway linkages across
the province. Both freight and passenger
rail services continue to use existing
lines. Following a decline in usage of
the last decade or more, the use of rail
transportation is on the rise again and
becoming a more viable distribution
alternative. This, combined with the fact
that the CNR's main lines exist here, assure
the greater Truro area of ongoing rail
service into the future. This is of obvious
benefit to businesses in the industrial parks
in Truro and Debert that are presently
serviced with spur lines.
Colchester's primary source of air
transportation is the Halifax International
Airport located approximately 70 kilometers
southwest of Truro. This facility provides a
broad range of national and international
passenger and cargo air services.
The former CFB Debert Base also contains
airport infrastructure that was once used for
military purposes. While the base closed in
1998, the airport was subsequently used for
cadet training, also hosts a flying club, and
provides the opportunity for commercial
services related to the adjacent industrial park.
As of early 2025, Colchester is included
within the study efforts of the Joint Regional
Transportation Authority, a provincial Crown
corporation studying ways of improving the
regional transportation network centred
on Halifax Regional Municipality. While the
regional study is ongoing and the outcome
is not yet known, it is expected to look at
potential highway and rail infrastructure
investments focused on efficiently moving
commuters from outlying communities into
the city. Future investments arising from
this study could affect communities in
Colchester, particularly in the southern half
of the municipality. Council will continue
to monitor the progress of this work and
may revisit the policies of this Plan to adjust
course in response to proposed changes to
regional transportation patterns.
Policy 5-27: Council shall continue to
monitor and--where appropriate--participate
in discussions relating to changes in regional
rail, air, and highway connections and may
consider updating the policies of this Plan to
capitalize on proposed changes to regional
transportation networks.
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5.3.5
Sidewalks + Active Transportation
Local transportation considerations should
not be restricted to motorized vehicles.
Alternative modes of transportation such as
cycling and walking should be encouraged
with safe routes made available through
special lanes, sidewalks, and trails. When
properly integrated into a community and
separated from motorized vehicles, these
facilities encourage a safe and healthier
mode of transportation that can potentially
reduce demands on road capacities,
particularly in an urban setting.
In 2011 the Municipality developed an Active
Transportation Strategy that focused on
sidewalk improvements throughout Growth
Centres. Over time, the Municipality was
successful in completing many of the
projects identified within this original Active
Transportation Strategy. The Municipality
updated the strategy in 2017 with
additional sidewalk projects, as well as an
expanded focus on multi-use and bicycling
infrastructure. The updated strategy also
recognizes the efforts to establish a
provincial cycling network, called "The Blue
Route". The 2017 strategy is now reaching the
end of its planning horizon and will shortly
need to be updated.
While the Municipality has undertaken some
efforts to retrofit active transportation
infrastructure in existing communities,
the easiest time to develop an effective
active transportation network is at the
outset of development. This allows for
thoughtful connections to areas beyond
the development, as well as reduced
construction costs compared to later retrofit
installations.
Policy 5-28: Council may, through the
Subdivision Bylaw, require sidewalks and/or
multi-use paths on new public roads in the
Growth Centres.
Policy 5-29: Council shall, through the Land
Use Bylaw, permit trails as a land use in all
zones.
Policy 5-30: Council shall, through the Land
Use Bylaw, require pedestrian connections
to adjacent active transportation networks
for developments approved via the site plan
approval process.
Policy 5-31: Council shall, through the Land
Use Bylaw, enable a reduction in required
automobile parking spaces in certain zones
if the developer provides bicycle parking
spaces meeting standards established in the
Land Use Bylaw.
Policy 5-32: Council shall regularly review
and update the Municipality's Active
Transportation Strategy and shall work to
implement the active transportation network
identified in each successive version of the
Municipality's Active Transportation Strategy.
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Municipality of Colchester - Municipal Planning Strategy
5.3.6
Automobile Parking
The provision of adequate space for
vehicle parking as part of a development is
necessary for both convenience and safety.
Different land uses often have different
vehicle parking needs that are dependent
on the amenity or service provided, delivery
requirements, staffing or customer demand
to name just a few. Parking arrangements can
take on several forms based on these needs.
Hard surfaces that are necessary for parking
spaces can increase stormwater runoff.
Too much parking can compound this
problem and can also push buildings apart,
detracting from a community's aesthetics
and creating an unfriendly pedestrian
environment. Parking lot arrangements can
help to alleviate these negative impacts
and where possible communal parking
facilities between adjacent properties
are enabled. This will assist in better land
utilization and improve safety by reducing
the overall number of new driveway
entrances. Land uses associated with
higher activity levels such as commercial,
institutional, industrial, and higher density
residential can create traffic volumes
incompatible with lower density residential
uses and neighbourhoods. Transitions in
use are inevitable but can be managed
with increased separation distances and
screening. Landscaped buffers between
streets and parking areas can also provide
an effective separation that improves the
pedestrian experience, overall safety, and
community aesthetics.
Parking of commercial vehicles on residential
properties can create disturbances and
detract from neighbourhood character.
This commercial use of land tends to be
incompatible with residential land uses.
Limitations on the parking and storage of
commercial motor vehicles in residential
areas can be utilized to mitigate impacts.
Policy 5-33: Council shall, through the Land
Use Bylaw, establish parking and design
standards for a variety of land uses and
encourage communal parking access where
appropriate.
Policy 5-34: Council shall, through the
Land Use Bylaw, establish requirements
for commercial, industrial, and certain
institutional uses to provide sufficient areas
for loading and unloading.
Policy 5-35: Council shall, through the Land
Use Bylaw, establish increased setbacks
and screening requirements for parking lots
that adjoin low density residential uses and
public streets.
Policy 5-36: Council shall, through the
Land Use Bylaw, establish limitations on the
parking and storage of commercial motor
vehicles on lots within residential zones.
5.3.7
Electric Vehicle Charging
The transition to electric vehicles (EVs) is a
key part of Colchester's pathway to net-
zero emissions. Unlike gasoline and diesel
vehicles, much of the "fueling" for electric
vehicles is expected to occur while the
vehicle is otherwise parked at home, at
work, or at destinations like restaurants and
hotels. As of 2025, most existing EV charging
infrastructure in Colchester consists of
"slower" Level 2 chargers, which can take
several hours to fully charge a vehicle,
making it important for chargers to be
strategically located for users. Council will,
therefore, ensure Land Use Bylaw regulations
are not a barrier to the expansion of the
charging network.
Policy 5-37: Council shall, through the Land
Use Bylaw, permit electric vehicle charging
stations as an accessory use in all zones.
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5.4
SERVICING
5.4.1
Introduction
The provision of services throughout
Colchester has been funded by various
agencies over the years, involving the
Villages of Bible Hill and Tatamagouche, the
Province of Nova Scotia, the Municipality of
Colchester and citizen / volunteer groups.
In 1994, the Province undertook a study of
services they traditionally provided and
attempted to rationalize a more logical
approach towards service delivery. The Act
to Provide for Municipal Reform was enacted
in 1995 and generally made municipalities
responsible for "land based" services (local
roads, sidewalks, sewer systems, etc.) while
the province assumed the provision of
"people" services (e.g. corrections, social
services, etc.).
The provision of municipal services has
traditionally responded to community growth
patterns within Colchester. Capital projects
are expensive to install and maintain but
are necessary for public health and safety,
environmental quality, and assist in achieving
sustainable development patterns. The types
and extent of these services are dependent
on how a community is intended to grow
which is balanced by the Municipality's ability
to pay and maintain such services. Based
on the "economies of scale" principle, urban
types of development will be encouraged
to locate within "Growth Centres" where
services are available and higher densities
make their provision affordable. This will aid in
reducing the amount of sprawl development
while protecting rural qualities and resources.
Policy 5-38: Council shall encourage
development requiring an extensive range
of municipal services to establish in Growth
Centers to help achieve sustainable and
efficient development patterns.
Policy 5-39: Council shall periodically review
the types and methods of service delivery
to ensure that they represent the needs
and expectations of the community while
ensuring that the provision of such remain
cost effective.
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Municipality of Colchester - Municipal Planning Strategy
5.4.2 Sewer Services
Construction of a public sewer system
in Colchester County began in 1957 with
the installation of the Village of Bible Hill
system. Addition of the Tatamagouche
system in 1965 lead to the adoption of a
Sewer By-law in 1966, which has guided
the use of sewer lines throughout the
municipality. That By-law underwent an
extensive review in 2019 to better address
issues of quality control, installation
procedures, and other measures necessary
to enable the proper treatment of sewage.
The Municipality owns and operates five
sewage treatment plants: the Central
Colchester Wastewater Treatment Facility,
the Tatamagouche Sewage Treatment Plant,
the Debert Sewage Treatment Plant, and the
Great Village Treatment Plant.
The Great Village Plant uses activated sludge
technology, while the remaining four use
sequencing batch reactor technology.
The Central Colchester Facility was installed
in 1995, followed by the plants in Brookfield
and Great Village, both installed in 2003. The
Debert Plant, originally installed in 1976, was
reconstructed in 2007. The Tatamagouche
Sewage Treatment Plant was installed in
1976 and was expanded in 2005 to allow
for septic tank waste to be received and
processed before being transferred to the
Colchester Central Wastewater Treatment
Facility for composting.
Centralized sewage systems are a very
expensive asset to maintain and operate and
take up significant portions of the municipal
budgets. Good utilization of central sewage
systems should therefore be promoted
through infill development while extensions
of the network should only be considered
if a clear need is demonstrated (e.g. a
community need that goes beyond the
benefit of individual property owners).
Policy 5-40: Council shall ensure proper and
safe operation of the municipal wastewater
collection and treatment systems.
Policy 5-41: Council shall require all new
development located within a Sewer Area
be connected to a municipal sewer system,
subject to the Municipal Sewer By-law.
Policy 5-42: Council shall, through the
Land Use Bylaw, require lot development
not within a Sewer Area to comply with the
requirements of the Nova Scotia Department
of Environment for the installation of on-site
sewage disposal system.
Policy 5-43: It is the intention of Council to
consider expansions to the existing sewer
systems only to locations where a clear
need is demonstrated which goes beyond
the gain of individual property owners
benefiting from such extension. Such need
may include, but is not limited to, treating
an environmental problem, enabling the
development of a major economic initiative,
or continuing a development pattern that is
of sufficient density to sustainably finance
the ongoing maintenance and capital costs
of the system.
Tatamagouche
Bible Hill
Valley
Salmon River
Debert
Great Village
Hilden
Sewer Serviced Areas
Lower Truro
Truro
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5.4.3 Water
Most residents of Colchester draw water
supply from groundwater sources through
on-site wells. A few exceptions exist where
central water distribution systems have
been installed in Debert, Tatamagouche,
at the Dalhousie University Agricultural
Campus, the College Park Water Utility
(Maple Blvd. / Scenic Drive.), Perennia Park,
as well as most land lease communities. The
Robie Street area of Lower Truro and parts
of Bible Hill, including the Stella-Jones site,
are serviced by extensions of the Town of
Truro water system.
In Growth Centers development is at a
density that places greater strain on the
groundwater regime and increases the
risk potential for contamination. Many of
the Growth Centers have a user base or
sufficient densities that may soon support a
water utility or warrant expansion of the Truro
system. However, such infrastructure is costly
and must be properly considered for long-
term sustainability, both financially and in
terms of sustainable supply.
The Municipal Government Act contains
a Statement of Provincial Interest with
respect to Drinking Water which elevates the
importance of this resource. Its purpose is
to "...protect the quality of drinking water
within municipal water supply watersheds."
The Statement lists several provisions
that must be incorporated in to planning
strategies that aim to address issues of
water quality and quantity. Land use types,
densities, development practices, combined
with the area's physiographic characteristics
all play a role in protecting this resource.
Tatamagouche's water supply is the French
River, and in 2022 the Province designated
the French River watershed as a Protected
Water Area under the Environment Act. This
designation layers on top of municipal land
use controls to limit activities that could
threaten the quality and safety of the water
supply.
Debert's water supply is provided by two
groundwater wells located near the developed
areas of the community. Given the amount of
industrial development in the community, there
is some risk of source water contamination.
The water source for serviced areas within
and surrounding the Town of Truro is located
almost entirely within the Town boundaries
and is primarily protected by appropriate
development controls within the Town's
planning documents. However, a small
portion extends into the Municipality.
In addition to containing water sources
for communities within the Municipality of
Colchester, the municipality is also home to
a portion of the watershed for the Town of
Stewiacke's drinking water supply. This area
is formally designated as a Protected Water
Area under the Environment Act, and has basic
regulations to reduce the risk of contamination.
Given the large land area affected by source
water areas (especially French River) and the
potential for impacts on existing land uses,
Council believes it would be inappropriate
to establish specific development controls
in these areas without the benefit of source
water protection plans, prepared by qualified
persons, that identify the applicable risks and
the necessary mitigative measures. Council
will continue to support the establishment
of source water protection plans for all
source water areas within its jurisdiction and
will implement specific land use controls in
compliance with those source water plans as
applicable. In the meantime, Council will work
with the Debert and Tatamagouche Source
Water Protection Committees and the Towns
of Truro and Stewiacke to ensure planning
proposals do not enable land uses that
threaten those water supplies.
Policy 5-44: Council shall ensure proper
and safe operation of the municipal water
treatment and distribution systems.
Policy 5-45: It is the intention of Council
to consider expansions to the existing
municipal water supply networks only when
a clear need is demonstrated which goes
beyond the gain of individual property
owners benefiting from such extension.
Such need may include, but is not limited to,
treating a public health problem, enabling
the development of a major economic
initiative, or continuing a development
pattern that is of sufficient density to
sustainably finance the ongoing maintenance
and capital costs of the system.
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Municipality of Colchester - Municipal Planning Strategy
Policy 5-46: Council shall, on the Zoning
Map of the Land Use Bylaw, identify the
boundaries of the source water areas for
Debert, Tatamagouche, Truro, and Stewiacke.
Policy 5-47: Council shall, via amendment to
this Plan and the Land Use Bylaw, establish
specific source water zoning in compliance
with source water protection plans prepared
for public source water areas within the
Municipality's land area.
Policy 5-48: Council shall refer proposed
Municipal Planning Strategy amendments,
Land Use Bylaw amendments, and
development agreements within the
Tatamagouche, Debert, Truro, and Stewiacke
source water areas to the applicable Source
Water Committee or Town for comment.
Policy 5-49: As a result of any comment
received under Policy 5-48 identifying an
unacceptable risk to the source water area,
Council shall reject a proposed amendment
or development agreement, or shall
implement controls within a development
agreement to mitigate the risks to the source
water area.
Policy 5-49A: Council shall, through the
Land Use Bylaw and notwithstanding
underlying zoning, prohibit the following
uses within public source water areas:
a. Aggregate-related industries;
b. Cemeteries;
c. Heavy equipment sales and service;
d. Heavy industrial uses;
e. Solid waste disposal; and
f. Warehousing and light industrial
uses involving the bulk storage of
chlorinated organic compounds,
petroleum solvents, or petroleum
fuels, excluding propane.
Policy 5-50: Council may require a
groundwater study for proposals to
rezone land or to enter into a development
agreement.
Policy 5-51: Council may, through the
Subdivision Bylaw, establish a requirement
for a groundwater study for large
subdivisions.
5.4.4 Storm Water Management
Issues associated with storm water
management have become more evident
in recent years throughout Colchester
County, due, in part, to climate change.
Urban development can heighten problems
associated with storm water management
since the ratio of impermeable to porous
surfaces is reduced, overwhelming the
natural ability of the landscape to absorb
rainfall. This together with malfunctioning
and undersized storm drainage systems can
cause localized flooding.
Drainage systems are wide-ranging and form
an integrated network within the municipality,
therefore requiring a variety of groups to be
involved in managing storm water effectively.
The Municipal Government Act enables
municipal planning documents to create
policy and regulations in this regard.
Policy 5-52: Council shall, through the Land
Use Bylaw, require applicants for large-
scale commercial, residential, and industrial
developments to provide a storm water
management plan for the development,
prepared by an appropriate professional at
the applicant's cost.
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5.4.5 Solid Waste Facilities
The Colchester Waste Management Park
in Kemptown was established in 1995 with
the construction of the Colchester Balefill
Facility. Shortly after, a composting facility
and the Materials Recovery Facility were
constructed as part of a program intended
to remove and process organics and
recyclables from mainstream household
waste. There still remains significant growth
potential for private sector initiatives
to remanufacture recycled materials. In
this regard, the Waste Management Park
can efficiently provide raw materials to
companies interested in pursuing such
projects.
In addition to the Waste Management
Park, the municipality is served by private
construction and demolition debris sites in
Middle Stewiacke and the Truro Business
Park, and four Enviro-Depots that handle
bottle engage and electronics drop-off.
Policy 5-53: Council shall, through the Land
Use Bylaw, permit solid waste facilities in
industrial zones.
5.4.6 Utilities
Utilities, including those related to
communications, gas, and electricity, provide
essential services to residents. Often these
utilities involve equipment, buildings, or
transmission lines in order to operate.
Council does not wish to place undue
hardships on these utilities; therefore, these
uses will be permitted in any zone within the
plan area.
Policy 5-54: Council shall, through the Land
Use Bylaw, permit public and private utilities,
except for electrical generation facilities, in
all zones within the plan area.
5.5
ENVIRONMENTAL
MANAGEMENT
5.5.1
Watercourses
Rivers, streams, ditches, piped storm
services, curbs and gutter collectively
compose a water shed drainage system.
This complex network of channels performs
the principal function of directing storm
water runoff in a receiving body, such as the
Bay of Fundy. Water quality control in these
receiving water bodies has been an ever-
increasing area of interest. Watercourses
are typically dynamic and self-regulating
systems that are influenced by a whole
host of factors including land use activities
within the watershed. The rate and extent
of development in Colchester has been a
major factor in the deterioration of natural
waterways. Council wishes to address this
subject with the hope that these may assist in
the restoration of environmental quality.
Drainage systems also provide a diverse
habitat for many species of aquatic life.
Conditions necessary for this to exist are
directly affected by the quality of storm
water entering the system. In an urban
environment, piped and open drainage
systems collect water from roof tops, roads,
parking lots, and lawns, which is eventually
directed into established rivers and streams.
Runoff from these sources pick up a variety
of contaminants such as petroleum products,
fertilizers, trace metals, chlorides (i.e. road
salt), and other toxic chemicals that can
upset the ecological balance of waterways
downstream. Sediment is also a problem and,
although relatively inert, the consequences
of sedimentation on ecosystems can be
devastating.
Drainage buffers along established
watercourses provide a measure of filtering
before surface runoff finds its way into rivers
and streams. This is important for a number of
reasons. First, it can be effective in reducing
velocity and erosion thereby allowing more
time to infiltrate into the ground; second,
many contaminants like sediment are filtered
from the surface water; and, third, they are
easily maintained and can provide recreational
opportunities. Buffers along the fringe areas
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of watercourses have the added benefit of
creating habitat, maintaining water temperature,
and stabilizing the banks of the watercourse.
Drainage buffers alone cannot control
environmental quality, particularly in the
context of large developments that create
significant areas of impervious surfaces (e.g.
commercial parking lots). Numerous Best
Management Practices (BMP) techniques
have been developed that can manage
aspects storm water before it is released
into natural waterways. These often create
artificial environments that are incorporated
into an overall or localized storm water
management plan. Retention ponds, grass
swales, artificial wetlands, infiltration basins,
porous pavements, seepage trenches and
filter strips are among the many possible
solutions that can improve the quality of
natural drainage systems.
Most development will involve some amount
of earthwork that will expose soil for a period
of time. It is a situation that is impossible to
avoid but one that can be managed. Soils
that are not protected from rain and snow will
eventually erode and sediment be deposited
in water systems. This condition is more
prominent in areas that have steep slopes
or where sandy soils exist. Soil stabilization
should be a requirement of any development
project and accordingly the Land Use Bylaw
will set out standards in this regard.
Policy 5-55: Council shall, through the Land
Use Bylaw, establish a minimum horizontal
buffer distance from watercourses, in which
development is restricted.
Policy 5-56: Further to Policy 5-55, the
only developments permitted within the
watercourse buffer shall be uses within the
Debert Industrial Park and land uses that
functionally depend on access to the water,
such as boat houses; scientific research
structures; public infrastructure; and
structures necessary for public safety.
Policy 5-57: Council shall, through the
Land Use Bylaw, permit the reduction
of zone standards to enable a minimum
level of development on existing lots
where development is difficult due to the
watercourse buffer.
Policy 5-58: Council shall, through the
Land Use Bylaw, enable the reduction of
the watercourse buffer distance where a
qualified professional has demonstrated the
site is at an appropriate elevation and such
a reduction does not increase the risk of
erosion or flooding.
Policy 5-59: Council shall, through the Land
Use Bylaw, set standards in the with respect
to techniques and time requirements for soil
stabilization in all developments to reduce
the risks of erosion and sedimentation.
5.5.2
Shoreline Development
Colchester has an extensive shoreline on
both the Northumberland Strait and the Bay
of Fundy, home to the world's highest tides.
While much of the land along the shoreline
is used for agriculture, it is also a popular
location for residential development, with
areas such as the Brule Shore, Five Houses,
Economy, and Five Islands hosting coastal
communities. Traditionally, these areas were
cottage areas, with small, non-winterized
buildings for recreational purposes. However,
recent years have seen an increase in the size
and complexity of coastal developments, as
well as the number of people choosing to live
year-round in these areas.
While coastal areas are attractive places
for living and leisure, they are also dynamic
landscapes, subject to erosion from the
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forces of the sea; some properties in Five
Houses have lost as much of 50 horizontal
metres (164.0 feet) of land over the years.
In Nova Scotia, the relative level of the ocean
is also rising. This is caused by two separate
processes. The first is subsidence, where the
landmass is sinking due to a rebound effect
from the weight of the glaciers in the last ice
age. Central Canada is rising with the glacial
retreat, and the outer edges of the continent
(e.g. Nova Scotia) are sinking in response.
The second process is the increase of
water levels caused by melting glaciers and
the physical expansion of water as ocean
temperatures increase as a result of climate
change. As a result of these combined
processes, sea levels are expected to be
approximately one metre (3.3 feet) higher by
the year 2100.
A prudent approach to coastal development
must consider the risks of both erosion
and sea level rise. In 2019, the Province
of Nova Scotia introduced the Coastal
Protection Act to do this, and to bring a
consistent approach to coastal regulation
across Nova Scotia. However, the Act was
never proclaimed and responsibility for
this regulation has fallen to municipalities.
Council, therefore, intends to establish
coastal setbacks in the Land Use Bylaw to
address risks of erosion and flooding.
Policy 5-60: Council shall, through the Land
Use Bylaw, increase the watercourse buffer
established in Policy 5-55 for properties
located along the marine shoreline.
Policy 5-61: Council shall, through the Land
Use Bylaw, establish a minimum vertical
elevation for the habitable areas of buildings
along the coast.
5.5.3
Forest Management
In 2024, the Municipality developed a long-
term forest management plan for municipal
lands. The report, Ecologically-Based Forest
Management Plan for Lands of the Municipality
of Colchester, includes opportunities for
forest management, fire risk management
considerations, ecological park management,
and the benefits of reforestation.
Policy 5-62: Council shall utilize
Ecologically-Based Forest Management
Plan for Lands of the Municipality of
Colchester or successor studies as a guide
for the management of the forests of the
Municipality, including park lands, in support
of multiple benefits to the community.
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5.6
PARKS, RECREATION, AND
COMMUNITY FACILITIES
5.6.1
Park Dedication
Most of the Municipality's recreation land
(including recreation land owned by Bible Hill)
has been acquired through the subdivision
process. The Subdivision Bylaw requires that
an area equal to 5% of newly developed lots
be deeded to the Municipality for recreation
purposes. Alternatively, a subdivider may
pay an equivalent amount of money in lieu of
providing recreation land, or a combination
of both. This money must in turn be used
to acquire additional park land or improve
existing recreation sites. The Subdivision
Bylaw also contains specific criteria and
circumstances under which the Municipality
will accept such land, to ensure the land
is of high quality and usable for recreation
purposes. Unfortunately, the present
Subdivision Bylaw was created after much of
the subdivision activity in the Growth Centers
and, consequently, a number of the sites
dedicated for this purpose are not suitable,
by reason of size and/or character, for many
recreation purposes.
The recreational requirements of a community
are a derivative of the population they serve.
Tot lots, sports fields and playgrounds
are more useful to younger families while
walking trails, gardens, and natural parks
may be more attractive to older residents.
Consideration of intergenerational spaces is
also important It is important that recreational
amenities are both plentiful and varied to
ensure that they respond to demographic
profiles. Adaptability is also a feature which
can enable the redevelopment of recreation
land to a different purpose in this regard.
New recreation initiatives resulting from the
subdivision process should be assessed
in relation to any municipal parkland or
recreation plan and in consultation with the
Village of Bible Hill, Village of Tatamagouche,
and the Municipality's Recreation Department.
Parks also serve an important role in climate
adaptation by providing access to green
and shady public spaces that can remain
several degrees lower than paved areas
during heatwaves. Natural spaces can serve
as a refuge from overheated dwellings or
hot suburban streets, which is additional
motivation for the Municipality to ensure that
sufficient and suitable parkland is dedicated
during subdivision processes.
Policy 5-63: Council shall, through the
Subdivision Bylaw, require the dedication
of lands for public purposes as part of the
subdivision process. Such dedication shall
take the form of:
a. usable lands with adequate size,
slope, drainage, and recreational
potential;
b. usable lands that contain unique
ecological, physical, cultural, or
historical characteristics; or
c. cash-in-lieu otherwise.
Policy 5-64: Council may, through the
Subdivision Bylaw, exempt certain classes or
sizes of subdivision from all or a portion of
the dedication of lands for public purposes.
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5 Topic-specific Policies
5.6.2
Racetracks and Outdoor Shooting
Ranges
While most recreational uses can be
reasonably addressed through the selective
application of land use zones, there are a few
where the potential for impacts on the wider
community--and the need for mitigative
measures--requires a more involved
approach. In particular, racetracks and
outdoor shooting ranges have the potential
for noise. When carefully developed, these
uses can be valuable community assets, but
when poorly sited or designed can lead to
land use conflict. Therefore, Council will only
consider these uses via the development
agreement process, except the Truro
Raceway which will be recognized as an
existing use.
Policy 5-65: Council shall only consider
proposals for racetracks by development
agreement in the Commercial Recreation
Zone, Highway Commercial Zone, Agricultural
Potential Zone, and Rural General Zone. The
existing racetrack in the Institutional Zone
shall be recognized as an existing permitted
use.
Policy 5-66: Council shall only consider
proposals for outdoor shooting ranges by
development agreement in the Commercial
Recreation Zone, Highway Commercial Zone,
Agricultural Potential Zone, Rural General
Zone, and Rural Industrial Zone.
Policy 5-67: Council shall, in considering
proposals enabled under Policy 5-65 or
Policy 5-65, ensure:
a. the development agreement contains
provisions to mitigate potential
land use conflicts, with special
considerations regarding noise
emissions; and
b. the proposal meets the development
agreement policies of Subsection
6.3.2.
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Municipality of Colchester - Municipal Planning Strategy
5.6.3
Community Facilities
The communities of Colchester feature
a range of community facilities, such as
community halls, churches and other places
of worship, and schools. These facilities lie
at the heart of the municipality, providing
essential opportunities for social interaction,
wellbeing, recreation, and a strong
community identity. While many existing
community facilities are specifically zoned
Institutional to identify and protect the
community-focused use (see Subsection
4.6.1), Council also intends to make it
relatively easy to establish new community
facilities and will, therefore, permit them in
other zones.
Council also recognizes that the role
of community facilities changes, and
occasionally a hall, church, or school will
close. While the original use may cease,
the buildings the hosted these facilities
remain as prominent landmarks within the
community. Rather than see such buildings
neglected, Council would like to see them
given a new life in another way that benefits
the community. Council will, therefore,
consider proposals to utilize these buildings
for other purposes.
Policy 5-68: Council shall, through the Land
Use Bylaw, widely permit community facilities,
with the type and scale of permitted facility
tailored to intent of each land use zone.
Policy 5-69: Council shall, through the Land
Use Bylaw, permit the reuse of community
facilities for dwelling uses, at a higher density
than would typically be permitted, by site
plan approval in zones that permit dwellings.
Policy 5-70: Council shall consider entering
into a development agreement for proposals
that cannot meet the site plan approval
criteria to reuse former schools, community
halls, places of worship, and other similar
community facilities for uses not otherwise
permitted in the applicable land use zone.
When considering such developments,
special considerations shall be given to the
following:
a. the proposal provides a community
benefit such as, but not limited
to, the provision of housing or the
provision of a commercial space
that provides opportunity for the
community to gather;
b. the proposed use will not, by its
nature or by the controls placed
upon it in the development
agreement, impact surrounding uses
due to noise, odour, or dust;
c. the proposal preserves and restores
prominent aspects of the building;
and
d. the proposal complies with the
general development agreement
policies of Subsection 6.3.2.
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5 Topic-specific Policies
5.7
ENERGY
With the political, economic, and ecological
pressure to lessen dependence on fossil
fuels for energy supply, communities
throughout Atlantic Canada are looking
at alternative sources of energy. The
Government of Nova Scotia's Renewable
Energy Regulations require that by 2030,
80% of the province's electricity will come
from renewable sources, including wind,
biomass, tidal and solar power. The Carbon-
Free Colchester Community Energy &
Emissions Plan, adopted in 2022, outlines a
pathway for Colchester to achieve net-zero
emissions by 2050, and transitioning from
fossil fuels to clean energy is an integral
component of that plan.
5.7.1
Solar Panels
Solar photovoltaic (PV) panels convert the
energy of the sun to useable energy either
in the form of electricity. The popularity
and feasibility of solar PV has increased
dramatically in recent years as equipment
prices have dropped and local electricians
have become trained in solar installation.
The scalable nature of solar PV arrays make
it possible to design systems well-tailored
to the energy needs and financial means
of a potential owner. Solar panels are also
increasingly installed as commercial projects,
selling electricity to the grid to supply the
needs of all Nova Scotians.
In 2019, Colchester established the "Solar
Colchester" program to help homeowners
to install solar PV through the provision of
technical advice and low-interest financing.
The program was expanded in 2021 to offer
loans for energy efficiency upgrades, under
the name "Cozy Colchester". The programs
together are a key part of Colchester's
community emission reduction strategy.
Current and upcoming projects will also
see solar PV installed at the Tatamagouche
Library, local arenas, and the Central
Colchester Wastewater Treatment Facility.
Solar panels typically have no moving parts
and can be installed on existing structures,
so they are relatively unobtrusive beyond
aesthetic preferences. Council wishes to
support residents to generate renewable
energy, so will widely permit solar panels as
an accessory use. Council also supports
commercial-scale projects but is aware of
the potential for these projects to use large
areas of land. This can result in inefficient
use of land in serviced areas, as solar panels
require neither water nor sewer.
Solar water heaters are another type of solar
panel that has fallen out of favour as the
price of solar PV has dropped. Today it is
cheaper to heat water using electricity from
solar PV than it is to use solar water heaters.
Highly efficient heat pump water heaters
are another relatively new technology that
has helped to make the solar water heater
obsolete. While solar water heaters are rarely
installed, they shall be treated the same in
policy as solar PV panels, using the umbrella
term "solar panels".
Policy 5-71: Council shall, through the
Land Use Bylaw, permit solar panels as an
accessory use in all zones and shall provide
an exemption from building height limits to
enable solar collectors to be installed on top
of buildings.
Policy 5-72: Council shall, through the Land
Use Bylaw, permit solar panels as a main use
in the General Commercial and Highway
Commercial Zones, industrial zones, and rural
zones excepting the Shoreline Zone.
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Municipality of Colchester - Municipal Planning Strategy
5.7.2
Wind Turbines
Wind energy is becoming an important and
increasingly viable source of energy in Atlantic
Canada. In recent years, many wind turbine
projects have been constructed throughout
Nova Scotia, with several more currently under
consideration. These facilities range from
single turbines to "wind farms", consisting of
many turbines clustered together.
Given their potentially large scale, wind
turbines require thoughtful oversight.
Council had previously established an
extensive framework for such oversight
through the adoption of a separate
Municipality of the County of Colchester
Wind Turbine Development Bylaw.
With the establishment of this Plan and
comprehensive planning across the whole
Municipality, Council elected to roll the
provisions of the Wind Turbine Development
Bylaw into the Land Use Bylaw. These
provisions are largely unchanged, except to
fit within the organizational framework of the
Land Use Bylaw versus a standalone bylaw.
Council has also established a separate
terms of reference for citizen monitoring
committees for wind power projects.
Policy 5-73: Council shall, through the Land
Use Bylaw, regulate the development of wind
turbines and associated temporary wind test
towers.
Policy 5-74: Council shall, through the Land
Use Bylaw, permit large-scale and small-
scale wind turbines in all zones, subject to
conditions on siting related to separation
distances from dwellings; setbacks from
roads and property lines external to the
wind turbine project; and ambient noise
degradation standards.
Policy 5-75: Council shall, through the Land
Use Bylaw, establish design standards for wind
turbines, including standards on advertising,
finishes, access control, and lighting.
Policy 5-76: Council shall, through the Land
Use Bylaw, establish performance standards
for public engagement for wind turbines and
for wind test towers that are to be met prior
to application for a development permit.
Policy 5-77: Council shall, through the Land
Use Bylaw, establish performance standards
for construction of wind turbines.
5.7.3
Other Energy Systems
Solar and wind are currently the main
growth technologies for electrical energy
in Nova Scotia. However, there are other
technologies that are in development, such
as tidal power, and existing technologies
that may see new installations under certain
site conditions, such as hydroelectricity. It is
important for the Municipality to have a tool
to consider other energy systems when such
proposals arise. This policy is intentionally
broad to enable consideration of
technologies that may not yet be mature, or
even invented yet. However, Council intends
to take a close look at any such proposals
through the development agreement
process to ensure they are appropriate for
the context in which they are proposed.
Policy 5-78: Council shall consider entering
into a development agreement to enable
proposals for energy systems other than
wind turbines and solar collectors in
all use zones. When considering such
developments, special considerations shall
be given to the following:
a. the proposal is consistent with the
intent of the land use zone in which it
is proposed; and
b. the proposal complies with the
general development agreement
policies of Subsection 6.3.2.
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6. Implementation
6.1
ADMINISTRATION
The policies and intended outcomes of
this Plan can only be achieved through
thoughtful implementation, making plan
administration one of the most critical
elements of land use planning. In the
Municipality of the County of Colchester,
planning is implemented and administered
by municipal development staff who
are responsible for providing planning,
subdivision, and building inspection services
for the municipality.
The Municipal Planning Strategy and Land
Use Bylaw are legal documents that govern
land use and developments within the
planning area. The Plan provides broad
policy direction while the Land Use Bylaw
provides detailed regulation to implement
the intent of the Strategy.
The administration and implementation of
the Municipal Planning Strategy and the
Land Use Bylaw are governed chiefly by the
provisions of the Municipal Government Act
(MGA), although other provincial statutes
and the principles of the common law may
also control Council's actions in matters
such as the issuing, refusing, or revoking of
Development Permits.
The Municipal Government Act allows
Council to amend the Land Use Bylaw
provided that the amendment conforms with
the overall policy framework of the Planning
Strategy. Amendments to the Plan may only
be made with the approval of the Director
or Minister of Municipal Affairs and will be
evaluated for consistency with Statements of
Provincial Interest that form part of the MGA.
6.1.1
Statements of Policy
The policies within this Municipal Planning
Strategy establish Council's intention with
respect to the management of land use and
development in the municipality. Statements
of policy are denoted by the text "Policy
#-#", where the numbers are replaced by the
chapter number and appropriate sequential
policy number, respectively.
Statements of policy are binding on Municipal
Council and the decisions they make.
In addition to the statements of policy, this
Municipal Planning Strategy contains preamble,
or descriptive text, before a set of policies.
This preamble is used to provide context and
help interpreted the intent of statements of
policy, but it does not form part of the policy.
Policy 6-1: Policy statements of Council shall
be denoted in this Plan with the text "Policy
#-#", with the number signs (hash) replaced
by the appropriate chapter number and
sequential policy number, respectively.
Policy 6-2: Written content of this Municipal
Planning Strategy not contained within
a Policy statement of Council shall be
considered preamble. Preamble may be
considered to help interpret the intent of
Policy statements of Council, but do not
form a part of the Policy statement.
6.1.2
Effective Date and Repeal
Policy 6-3: This Municipal Planning Strategy
shall come into effect on the date that a
notice is published in compliance with the
Act, informing the public that the planning
documents are in effect.
Policy 6-4: The following documents are
hereby repealed as of the effective date of
this Municipal Planning Strategy:
a. The Central Colchester Municipal
Planning Strategy, adopted June 20,
2002, as amended;
b. The Central Colchester Municipal
Future Land Use Maps, adopted June
20, 2002, as amended;
c. The Village of Tatamagouche
Municipal Planning Strategy, adopted
October 9, 2001, as amended.
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Municipality of Colchester - Municipal Planning Strategy
6.1.3
Regional Cooperation
The community planning process is one that
has historically been applied to individual
municipal jurisdictions. While this approach
has generally served municipalities well
and has offered a mechanism for each to
articulate its own community development
objectives, it does present some limitations.
Locally, transportation, flood plains, stormwater
management, municipal servicing, and
peripheral land uses have varying degrees of
influence on development patterns that result
in the region. These, by nature, are systems that
can only be effectively managed through the
cooperation of neighboring municipalities.
To address these broader implications this
Municipal Planning Strategy was developed in
consultation with the incorporated Towns of
Truro and Stewiacke, as well as the Municipality
of East Hants, the Municipality of Cumberland,
the Municipality of Pictou County, and Halifax
Regional Municipality.
Planning decisions made by Colchester in the
future may also impact adjacent communities.
The Municipality of the County of Colchester
will continue to support a cooperative
approach where land use decisions have the
potential to impact adjacent municipalities and
first nations communities. Council supports
efforts to notify and consult neighbouring
municipalities when considering amendments
to this Municipal Planning Strategy and when
adopting new municipal planning strategies in
the future.
While not a municipal entity, another
important community the Municipality must
look to collaborate with and notify regarding
planning decisions is the Millbrook First
Nation. The Millbrook First Nation has, over
the years, engaged in a number of economic
development initiatives that have influenced
the type and form of development around
the Millbrook Reserve. Also, the Reserve
borders two of Colchester's Growth Centres,
Hilden and Truro Heights, and it will be
important to examine existing and future
land use patterns to ensure that mutual
development objectives can be achieved.
Council generally supports such endeavours
and wishes to improve its relationship with
Millbrook First Nation in recognition of this.
Policy 6-5: Council shall consult and
engage with the Town of Truro, Town of
Stewiacke, the Municipality of East Hants, the
Municipality of Cumberland, the Municipality
of Pictou County, and Halifax Regional
Municipality when:
a. adopting a new municipal planning
strategy to replace this one; or
b. considering amendments to this
Municipal Planning Strategy which
would affect lands that share
a common boundary with the
applicable neighbouring municipality.
Policy 6-6: Council shall consult and engage
with the Town of Stewiacke or the Town of
Truro when considering Land Use Bylaw
amendments, development agreements, or
Municipal Planning Strategy amendments for
lands within the their public watersheds.
Policy 6-7: Consultation undertaken through
Policy 6-5 and Policy 6-6 shall:
a. invite comment on matters of
municipal interest;
b. invite comment in relation to
Statements of Provincial Interest;
c. be considered by Council or the
Planning Advisory Committee as
its designate as part of the body
of feedback on the proposed
amendment or new Municipal
Planning Strategy; and
d. be completed prior to Council
publishing its first notice for a Public
Hearing on the proposed amendment
or new Municipal Planning Strategy.
Policy 6-8: Council shall notify Millbrook First
Nation and invite comment when:
a. adopting a new Municipal Planning
Strategy to replace this one; and
c. considering amendments to this
Municipal Planning Strategy.
Policy 6-9: Council shall work to engage
and build stronger relationships with the
Millbrook First Nation and other First Nation
Communities.
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6 Implementation
6.1.4
Inter-municipal Planning
The Municipal Government Act provides a
framework for two or more municipalities to
jointly carry out planning projects and adopt
inter-municipal planning documents to
address matters of mutual concern.
In January of 2000, the Councils for Truro
and Colchester approved the Inter-
Municipal Planning Strategy for Inter-
Jurisdictional Properties for an area of land
along the western municipal boundary. This,
being the first such planning document to
be adopted in the province, was created to
enable the two Councils to jointly consider
development agreements for commercial
projects on lots located in shared
jurisdictions. Due to the nature of inter-
municipal planning documents, it is intended
that the planning policy contained within
that document be considered in advance of
relevant policy and requirements of this Plan.
Policy 6-10: Council shall regard the Truro-
Colchester Inter-Municipal Planning Strategy
for Inter-Jurisdictional Properties as the
primary policy document for the area of land
affected by that Plan.
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Municipality of Colchester - Municipal Planning Strategy
6.2
LAND USE BYLAW AND
SUBDIVISION BYLAW
6.2.1
Land Use Bylaw
The vision and land use policies in this
Municipal Planning Strategy are primarily
implemented through the Land Use
Bylaw. The Land Use Bylaw serves as the
main administrative document translating
the higher-level goals into tangible and
concrete actions. This Bylaw sets out
zones, the permitted uses for each zone,
development standards for each zone
and/or for certain types of uses, and the
uses and circumstances for development
by development agreement and site plan
approval. In doing this, the Bylaw reflects the
policies of the Municipal Planning Strategy.
Council approves the Land Use Bylaw at the
same time this Plan is approved.
Policy 6-11: Council shall adopt a Land Use
Bylaw consistent with the intent of this Plan.
6.2.2
Subdivision Bylaw
The Subdivision Bylaw is another key
tool used by Council to implement this
Plan. The Subdivision Bylaw sets out the
requirements and processes for such
things as subdividing land, creating streets,
and providing recreational lands. The
Subdivision Bylaw is also a tool that enables
the Municipality to require the provision of
green space for recreational lands when
subdivision of land occurs.
Policy 6-12: Council shall adopt a
Subdivision Bylaw consistent with the intent
of this Plan.
Policy 6-13: The Subdivision Bylaw shall:
a. apply to the whole of the
Municipality;
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 Bylaw;
c. establish locations and standards
for the development of public and
private roads, central services, and
other publicly owned infrastructure;
d. contain provisions intended to
ensure that lots are suitable for onsite
sewage disposal where there is no
central sewer system, as required
per provincial regulations under the
Environment Act;
e. contain provisions for dedicating
land or an equivalent value for park,
playground, and similar public
purposes; and
f. contain any other provisions needed
to fulfill the intent of this Plan.
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6 Implementation
6.2.3
Implementation of the Land Use and
Subdivision Bylaw
The Land Use Bylaw and Subdivision Bylaw
are administered by a Development Officer
appointed by the Municipality of Colchester
County. The Development Officer is
responsible for issuing development permits
in accordance with the Bylaws.
Policy 6-14: Council shall appoint one or
more Development Officers to administer
the Land Use Bylaw and the Subdivision
Bylaw and to issue, deny, amend, and revoke
permits under the terms of these Bylaws.
6.2.4 Amending the Land Use Bylaw
While this Plan and its supporting bylaws
were designed to be comprehensive,
Council recognizes it cannot foresee all
possible types of development that might
be acceptable in the municipality in general,
or on a specific piece of land. As such, there
will be times when the Land Use Bylaw needs
to be amended to accommodate a new
development trend or specific development
proposal. Through internal review or external
request, sections of the Land Use Bylaw
may require amendment to clarify intent or
reflect a change in community desire. If non-
substantive in nature, these changes may
not require an accompanying amendment to
policy in the Planning Strategy.
Land Use Bylaw amendments are a common
process that councils deal with and can
involve either a change to the bylaw
standards or the zoning map. "Rezonings",
or zoning map amendments, must be
specifically provided for through policies
in the Plan. It is difficult to determine where
these uses may wish to establish and, for
that reason, policies in the planning strategy
will set out certain conditions and criteria
for a rezoning application. Council's main
interest in this process is to ensure that the
development is suited to characteristics
of the area and that land use impacts are
tolerable to residents, the Municipality,
and other interest groups. In making its
decision, Council will be guided by specific
criteria policies that serve to address key
development considerations. Since a
rezoning is carried out under established
planning policy, any decision of Council is
appealable to the Nova Scotia Utility and
Review Board.
Another type of Land Use Bylaw amendment
involves a change to the text itself such as
permitting a new land use in a particular
zone, adjusting setback distances, parking
spaces, signage specifications, or any
other provision provided the amendment is
consistent with related planning policy. Many
requirements under the bylaw are based on
industry standards, other regulations (e.g.
building code, fire code, etc.) accepted
planning principles, scientific study, or
simply local desires. These standards can
easily become obsolete over time or not
fully serve the purpose for which they
were created. Council will consider text
changes to the Land Use Bylaw, including
amendments to permitted uses, revisions to
existing requirements, and/or the inclusion
of new provisions to more properly carry out
the intent of existing land use policies as
circumstances dictate.
Council also recognizes that it is possible
to inadvertently make mapping errors in
preparing the maps that accompany this Plan
and the Land Use Bylaw. Such errors do not
reflect the policies in this Plan and thus will
be corrected via Bylaw amendments.
Policy 6-15: Council shall amend the text
of the Land Use Bylaw if the proposed
amendment is reasonably consistent with this
Plan and meets the general criteria set out in
Policy 6-27.
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Municipality of Colchester - Municipal Planning Strategy
Policy 6-16: Council shall consider
amendments to the maps of the Land Use
Bylaw when the proposed zoning change
is not specifically prohibited within this
Plan 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;
b. a non-conforming use appears to
have been created by an inadvertent
administrative oversight in the
Municipal Planning Strategy and
Land Use Bylaw preparation process,
resulting in a property being zoned
inconsistent with stated policies in
this Plan; or
c. notwithstanding the zones permitted
within a designation the land to be
rezoned is under 0.5 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.
Policy 6-17: Council shall not amend the
maps of the Land Use Bylaw unless Council
is satisfied that:
a. the proposal meets the zone intent
and 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 6-27.
6.2.5
Variances
Section 235 of the Municipal Government
Act gives the Development Officer the
power to grant "variances" from the
requirements of the Land Use Bylaw. This
is intended to alleviate hardships where
an irregular set of circumstances on a lot
makes it unreasonable to comply with the
requirements of the Bylaw. The Act sets out
the circumstances when such variances may
be granted, the Land Use Bylaw provisions
for which variances may be granted, and the
process for granting such variances.
Policy 6-18: Council shall, in accordance
with Section 235 of the Municipal
Government Act, permit the Development
Officer to vary:
a. the percentage of land that may be
built upon;
b. the size or other requirements
relating to yards;
c. lot frontage;
d. lot area;
e. the location and number of parking
spaces and loading spaces required;
f. the ground area of a structure;
g. the height of a structure;
h. the floor area occupied by a home-
based business; and/or
i. the height and area of a sign.
Policy 6-19: Council shall, through the Land
Use Bylaw, make it clear that variances to the
provisions of the flood overlays and flood
proofing standards are not consistent with
the intent of the Land Use Bylaw and shall not
be permitted.
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6 Implementation
6.3
SITE PLAN APPROVAL
AND DEVELOPMENT
AGREEMENTS
Outside of the standard development
permitting process ("as of right"), Council
has other tools that enable a finer-grained
level of management over a development.
Two such tools are Site Plan Approval and
Development Agreements.
6.3.1
Site Plan Approval
Site plan approval is a development process
by which applicants must meet additional
standards established and outlined in the
Land Use Bylaw. These additional standards
are often qualitative and design oriented,
allowing the Development Officer a degree
of flexibility and the ability to negotiate with
an applicant outside of a Council process.
The Municipal Government Act outlines what
these additional requirements may pertain to
and can include:
- the location of structures on a lot;
- the location of parking and loading
facilities, and driveway accesses;
- the type, location, and height of walls and
fences;
- the retention of natural vegetation;
- outdoor lighting;
- grading and stormwater management;
- the location of sidewalks and walkways;
- signs; and
- solid waste storage.
Uses that are enabled by the site plan
approval process must be identified
in this Municipal Planning Strategy. The
Development Officer must be satisfied
that the proposal meets the applicable
standards, at which point a site plan approval
is established and the Development Officer
can issue development permits.
Policy 6-20: Council shall enable the use
of the site plan approval process within
the Land Use Bylaw as a tool to review
developments that require additional
oversight or management or where Council
sees benefit in providing flexibility for land
use proposals.
Policy 6-21: Council shall establish a
notification area of 150.0 metres (492.1 feet)
for the approval of a site plan agreement.
6.3.2
Development Agreements
A Development Agreement is a binding legal
agreement between the Municipality and a
property owner. In such agreements, a wide
range of factors may be addressed beyond
those normally considered under standard
zoning practices. All the factors normally
addressed under zoning may be included,
as well as site specific information, hours of
operation, and maintenance requirements.
The use of these agreements more properly
addresses the concerns of adjacent
landowners and provides a greater degree
of flexibility to the developer in fitting the
neighbourhood. These agreements may
provide for termination by either party, at
which time the prevailing zoning will come
into effect.
Development agreements may be a
desirable tool when proposals have a strong
level of public interest or there is a specific
need for additional levels of engagement or
for proposals that are unique in nature and
the standard permitting process does not
quite satisfy the level of oversight required
for the complexity of the proposal. However,
development Agreements should typically
be used in a limited fashion. The trade-off
of extra flexibility and control is a higher
administrative burden for the Municipality
and for the applicant. Accordingly, these
agreements will be used only in specific and
limited circumstances as provided for in this
Plan.
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Municipality of Colchester - Municipal Planning Strategy
Policy 6-22: Council shall consider
entering into a development agreement
with an applicant to permit a proposed
development where the development
agreement is enabled by the policies within
this Municipal Planning Strategy and subject
to the general evaluation criteria of Policy
6-27.
Policy 6-23: A development agreement that
has been approved by Council shall:
a. specify the development, expansion,
alteration, or change permitted;
b. specify the conditions under which
the development may, or may not,
occur; and
c. set terms and conditions by which
Council may amend or terminate and
discharge the agreement.
Policy 6-24: Council may specify conditions
in any development agreement to bring the
proposal into alignment with the enabling
policy and general criteria set out in Policy
6-27. Such conditions may include, but are
not limited to:
a. servicing;
b. the type, location, and orientation of
structures;
c. 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;
d. the provision of open space and
amenities;
e. the type, size, and location of
signage;
f. the type and orientation of exterior
lighting;
g. management of solid waste,
compost, and recycling;
h. pedestrian, bicycle, public transit,
and vehicular circulation;
i. connections to existing or planned
pedestrian, bicycle, and vehicular
networks;
j. the location and number of bicycle
and vehicular parking and loading
spaces;
k. access for emergency vehicles;
l. the location and type of landscaping,
including fences and other forms of
screening;
m. stormwater management;
n. flood damage reduction controls
with regards to possible flood plain
development;
o. grading and erosion control;
p. the emission of noise, odour, light,
liquids, gases, and dust;
q. the type of materials stored and/or
sold on site;
r. hours of operation;
s. the phasing of development;
t. financial bonding for the construction
and maintenance of components of
the development, including, but not
limited to, roads and landscaping;
u. mitigation measures for construction
impacts;
v. time limits for the initiation and/or
completion of development; and
w. all other matters enabled in Section
227 of the Municipal Government
Act.
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6 Implementation
6.3.3
Evaluating Land Use Bylaw
Amendments and Development
Agreements
Amendments to the Land Use Bylaw 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 Bylaw amendments and
development agreement proposals.
Undertaking this evaluation depends on
clear information about the proposal and
may require technical studies (e.g. traffic
or environmental studies) where the scope
and context of the proposal dictates.
Therefore, before Council will consider
any application for a Land Use Bylaw
amendment or development agreement,
a clear proposal must be presented for
examination. Where applicable to the type
of application, a graphic representation may
be required to aid in the understanding and
evaluation of a proposal by Council, staff,
the Planning Advisory Committee, and the
public. The applicant also benefits from the
forethought required to prepare the plan
and the insurance that the lot fulfills their
expectations.
Policy 6-25: Council shall require a
clear proposal to be submitted before
considering any application for a Land
Use Bylaw amendment or development
agreement. Unless deemed by
municipal staff to be not applicable to
the development being proposed, the
application shall include, at a minimum:
a. the location of the subject property,
to scale, showing lot dimensions,
area, and street frontage;
b. the means by which the site is to be
serviced for sewage, potable water,
and telecommunications;
c. the proposed location of driveways
and parking areas;
d. areas that are to be landscaped and/
or buffered; and
e. the proposed location of all buildings
on site.
Policy 6-26: Council may, addition to any
other required information, require any or
all of the following information, prepared by
an appropriate qualified professional at the
applicant's cost, and at a level sufficiently
detailed to evaluate whether the criteria for
amending the Land Use Bylaw or entering
into 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 of minimum coastal
elevation;
vii. location and dimensions of
existing and proposed road,
bicycle, and pedestrian networks;
viii. location and dimensions of
driveways, parking lots, and
parking spaces;
ix. type and amount of site clearing
required, if any;
x. location of buffers;
xi. location and dimensions of
existing and proposed parks and
recreation lands, whether public or
private;
xii. location of utilities;
xiii. development densities;
b. elevation drawings of existing and
proposed structures including,
but not limited to, dimensions and
exterior materials;
c. a site grading plan;
d. a landscaping plan;
e. a drainage and stormwater
management plan;
f. a hydrological assessment to
determine groundwater resource
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Municipality of Colchester - Municipal Planning Strategy
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. a geotechnical study;
i. environmental studies, including, but
not limited to, studies addressing
Species at Risk, climate change, and
environmental contamination;
j. a shadow study;
k. a wind study;
l. a vibration study; and
m. a noise study.
Policy 6-27: Council shall not amend the
Land Use Bylaw or enter into a development
agreement unless Council is satisfied the
proposal:
a. is consistent with the intent of this
Municipal Planning Strategy;
b. conforms to the applicable
requirements of all other Municipal
By-laws;
c. does not conflict with any Municipal
or Provincial programs, bylaws,
or regulations in effect in the
municipality;
d. is not premature or inappropriate due
to:
i. the ability of the Municipality to
absorb public costs related to the
proposal;
ii. the creation of a "leapfrog",
scattered, or ribbon development;
iii. Impacts on existing drinking water
supplies, both private and public;
iv. the adequacy of central water
and sewage services or, where
such services are not available,
the suitability of the site to
accommodate on-site water and
sewage services;
v. the creation of excessive traffic
hazards or congestion on road,
cycling, and pedestrian networks
within, adjacent to, or leading to
the proposal;
vi. the adequacy of fire protection
services and equipment;
vii. the adequacy and proximity of
schools and other community
facilities;
viii. the creation of a new, or
worsening of a known, pollution
problem in the area, including, but
not limited to, soil erosions and
siltation of watercourses;
ix. its impact on nearby watercourses,
wetlands, or watercourse and/or
wetland alteration as regulated by
the Environment Act;
x. site specific climate change risks
such as threats of flooding and
projected sea level rise on the
subject site;
xi. the potential to create flooding or
serious drainage issues, including
within the proposal site and in
nearby areas;
xii. impacts on known habitat for
species at risk, as identified in the
Department of Natural Resources
Significant Species and Habitats
Database, or any successor
database;
xiii. light pollution and impacts on
dark sky views;
xiv. 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;
and
xv. the risk of land use conflicts that
could place limits on existing
operational procedures of
surrounding businesses.
Policy 6-28: Council shall not enter into
a development agreement or permit an
amendment to the Land Use Bylaw that
would create a deviation from the flood
plain and flood proofing standards of the
Land Use Bylaw unless such deviations are
specifically enabled by, and consistent, with
the policies of this Plan.
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7 Schedules
6.4
ENGAGEMENT AND
NOTIFICATION
The Municipal Government Act sets out
minimum requirements for the advertisement
of public hearings and mandatory adoption
of a public participation program. These are
aimed at promoting a public awareness of
planning matters and offer an opportunity to
participate in the community development
process. In spite of these and other
approaches the Municipality uses to
inform the public of proposed changes or
developments, there still remains limited
participation, particularly in the early stages
of the process. Council recognizes that in
order for a community to take ownership of
its Plan, public involvement is essential to
ensure a positive result. To this end Council
will continue to explore new ways and means
of increasing public participation throughout
the planning process.
Policy 6-29: Council shall undertake public
engagement programs consistent with the
Municipality of Colchester County Public
Participation Program Policy.
Policy 6-30: Where Council has given notice
of its intention to adopt and amendment
to the Land Use Bylaw or enter into a
development agreement, notification of the
amendment or development agreement
shall be served upon all assessed property
owners as follows:
a. Within the Rural Designation, notice
shall be served on all properties that
lie within 250 metres of the property
that is subject to the proposed
amendment or development
agreement.
b. Within the all other Designations,
notice shall be served on all
properties that lie within 150 metres
of the property that is subject
to the proposed amendment or
development agreement.
Policy 6-31: Notification of a development
agreement or amendment to the Land Use
Bylaw shall:
a. outline the proposed amendment or
development agreement;
b. identify the property(s) subject
to the proposed amendment or
development agreement; and
c. state the time, date, and place
of a public hearing regarding
the proposed amendment or
development agreement.
6.5
MONITORING, REVIEWING,
AND UPDATING THIS PLAN
Municipal Planning Strategies are not
unchanging. They are meant to be flexible,
'living' documents that can adapt and
evolve as circumstances change. Over the
life of this Plan it will be updated as a result
of regular review or to respond to specific
situations. To accomplish this the Municipal
Planning Strategy will be monitored and
periodically reviewed and updated to remain
effective.
6.5.1
Municipal Planning Strategy
Reviews
Policy 6-32: Within two years of the
adoption of this Municipal Planning Strategy,
Council shall initiate a 'housekeeping' review
to identify errors, omissions, or ways to
improve or streamline the Plan.
Policy 6-33: Within five years of the
adoption of this Municipal Planning Strategy,
Council shall complete an interim review of
the Plan. The intent of this review is to identify
emerging policy issues and gaps in the Plan
and adopt new or modified Plan policies to
address these issues and gaps.
Policy 6-34: Within ten years of adopting
this Municipal Planning Strategy, Council
shall complete a comprehensive review
of this Plan to conduct extensive public
consultation and review the vision of
the Plan. The Plan shall be updated, and
components replaced as necessary to
support the updated vision.
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Municipality of Colchester - Municipal Planning Strategy
6.5.2
Amendments to the Municipal
Planning Strategy
This Municipal Planning Strategy may
be amended from time to time; it is not
necessary to wait for a formal review. The
procedure for amending the Municipal
Planning Strategy is the same as the
procedure for adopting Municipal Planning
Strategy. Council must pass an amendment
by majority vote after holding a properly
advertised public hearing as set out in the
Municipal Government Act. Any objections
received from the public at this meeting
must be heard and considered by Council.
An amendment is then subject to approval of
the Director or Minister of Municipal Affairs.
Council may initiate an amendment arising
from an internally-identified need, or from
a request from a member of the public.
However, Council is under no obligation
to consider or approve a plan amendment
unless the current Plan conflicts with the
Municipal Government Act. There is no
appeal procedure within the framework of
the Municipal Government Act for Municipal
Planning Strategy amendments.
Policy 6-35: Council shall consider an
amendment to this Municipal Planning
Strategy when:
a. any policy intent is to be changed;
b. an amendment to the Land Use Bylaw
would conflict with any portion of the
Municipal Planning Strategy;
c. an amendment to the Subdivision
Bylaw would conflict with any portion
of the Municipal Planning Strategy; or
d. when this Municipal Planning Strategy
is inconsistent with any Statements of
Provincial Interest.
Policy 6-36: Council shall require sufficient
information and reason from the applicant in
support of any proposed Municipal Planning
Strategy amendment.
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7 Schedules
7. Schedules
7.1
SCHEDULE 'A' - GROWTH
CENTRES MAP
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98
7.2
SCHEDULE 'B' - FUTURE LAND USE MAP
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100
101
102
103
104
105
106
107
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109 Municipality of Colchester - Municipal Planning Strategy