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MODL Municipal-Planning Strategy | Page i
Municipality of the District of Lunenburg
Municipal Planning Strategy
(MODL By-law 035C)
Approved by Council on: 2024-06-18
Amended on: 2025-07-04
MODL Municipal-Planning Strategy | Page ii
(page left blank for printing purposes)
MODL Municipal-Planning Strategy | Page iii
Table of Contents
1.
Part 1 - Overview .................................................................................................................... 1
1.1
Background ....................................................................................................................... 1
1.2
Authority and Scope ......................................................................................................... 2
1.3
Purpose............................................................................................................................. 3
1.4
Structure ........................................................................................................................... 3
1.5
Administration .................................................................................................................. 4
2.
Part 2 - Land Use Control ........................................................................................................ 6
2.1
Powers .............................................................................................................................. 6
2.2
History .............................................................................................................................. 6
2.3
Intent ................................................................................................................................ 7
2.4
Method ............................................................................................................................. 7
3.
Part 3 - Subdivision Control .................................................................................................... 8
3.1
Powers .............................................................................................................................. 8
3.2
History ............................................................................................................................ 10
3.3
Intent .............................................................................................................................. 12
3.4
Method ........................................................................................................................... 12
3.5
Provincial Subdivision Regulations ................................................................................. 14
3.6
Procedure and Information ............................................................................................ 14
3.7
Lot Size ........................................................................................................................... 15
3.8
Lot Access ....................................................................................................................... 17
3.9
Sewer Services ................................................................................................................ 20
3.10 Water Services ................................................................................................................ 22
3.11 Public Open Space .......................................................................................................... 22
4.
Part 4 - Secondary Planning Strategies ................................................................................. 25
4.1
Background ..................................................................................................................... 25
4.2
Village of Hebbville ......................................................................................................... 26
4.3
Oakland .......................................................................................................................... 26
4.4
Riverport and District ..................................................................................................... 26
4.5
Princes Inlet and Area .................................................................................................... 27
MODL Municipal-Planning Strategy | Page iv
4.6
Blockhouse ..................................................................................................................... 27
4.7
Osprey Village ................................................................................................................. 27
4.8
Hemford Forest .............................................................................................................. 28
5.
Municipal-Wide Land Use Policies ........................................................................................ 29
5.1
Cluster Developments .................................................................................................... 29
5.2
Cluster Developments by Development Agreement ..................................................... 30
5.3
Non-Conforming Allowances for Phased and Bare Land Condominiums...................... 30
5.4
Coastal Protection .......................................................................................................... 30
5.5
Coastal Flooding ............................................................................................................. 31
5.6
Coastal Flood Area Policies ............................................................................................ 32
5.7
Coastal Erosion ............................................................................................................... 33
5.8
Coastal Erosion Risk Area Policies .................................................................................. 34
5.9
Vegetative Buffer Area Policies ...................................................................................... 34
5.10 Sensitive Coastal Ecosystems ......................................................................................... 35
5.11 Coastal Wetland Protection Policies .............................................................................. 36
6.
Implementation ..................................................................................................................... 37
6.1
Development Agreements ............................................................................................. 37
6.2
Content of a Development Agreement .......................................................................... 37
6.3
General Evaluation Criteria of a Development Agreement ........................................... 38
6.4
Specific Evaluation Criteria of a Development Agreement............................................ 38
Attachments .................................................................................................................................. 40
MODL Municipal Planning Strategy | Page 1
1.
Part 1 - Overview
1.1 Background
The Municipality of the District of Lunenburg (MODL) is one of five municipal units
found in Lunenburg County, Nova Scotia. The Municipality was first incorporated as a
separate political entity with the concurrent incorporation of the District of Chester in
1879. The County itself was first established in 1759. Covering an area of
approximately 1,760 square kilometres, the Municipality surrounds the three towns of
Bridgewater, Mahone Bay and the Town of Lunenburg.
The Municipality consists of over 130 established communities, many of which date
from the period of European settlement in the eighteenth and nineteenth centuries.
Initial settlement created a dispersed community pattern, with many north-south
roadways, reflecting the significantly higher degree of private land that was originally
granted in Lunenburg County than can be found in other parts of Nova Scotia.
The 2016 Statistics Canada Census population for MODL was 24,863. Population
decline for the Municipality has occurred in the last four census periods. Within the
Municipality, there are identified areas of more recent population growth, with new
subdivision and building occurring more intensively, while other communities are
facing notable decline, specifically with a diminishment in average household sizes.
Population: 1991 to 2016 (taken from various Statistics Canada Censuses)
Year
1991
1996
2001
2006
2011
2016
Municipality
25,684
25,949
25,570
25,160
25,138
24,863
County
47,630
47,560
47,595
47,150
47,310
47,126
Province
899,945
909,280
908,005
913,465
921,725
923,598
Canada
27.2M
28.8M
30.0M
31.6M
33.4M
35.1M
Coupled with the evident stagnation in local population growth, the shift in local age
demographics has also shaped the Municipality's development in the last two decades.
Such shifts alter individual perspectives on both the use and type of services that a
Municipality offers to residents.
Age: 1991 & 2016, Municipality & Nova Scotia Comparisons, Percentages
Age Range
Municipal
Provincial
1991
2016
1991
2016
0-19
26%
17%
28%
20%
20-39
30%
17%
33%
23%
MODL Municipal Planning Strategy | Page 2
40-64
29%
42%
26%
37%
65+
15%
24%
13%
20%
The Municipality's proximity to the Halifax Regional Municipality, which has acted as
the employment and population growth centre for the province for the last two
decades, has also had consequences on the Municipality's development. Where there
has been a long history of interaction between the Towns the Municipality surrounds,
in terms of employment and services, communities on the South Shore have
increasingly identified where, as a region, local communities have been impacted by
Halifax's predominance and economic growth. Continued change resulting from
broader technological, cultural, and economic transitions in society are anticipated to
bring opportunities and challenges.
1.2 Authority and Scope
The Municipal Government Act allows Council to adopt a Municipal Planning Strategy
which sets out Council's policies for governing the Municipality. The Municipal
Government Act also specifies how Council adopts or amends a Municipal Planning
Strategy and how to present it for the review of the Director of Planning for Municipal
Affairs.
Section 212 of the Municipal Government Act allows Council to adopt a Municipal
Planning Strategy for all or for part of the Municipality. The Strategy can address
problems and opportunities in the development of land, as well as the environmental,
social, and fiscal effects of developments. It can also establish programs for putting
policies into effect.
Sections 213 and 214 of the Act allows a Municipal Planning Strategy to include policy
statements on matters such as:
-
The goals and objectives of the Municipality;
-
The improvement of the physical and social environment;
-
The use, protection, and development of lands;
-
The protection of pits, quarries, and aggregate deposits;
-
The provision of municipal services and facilities;
-
Environmental protection;
-
Municipal finances;
MODL Municipal Planning Strategy | Page 3
-
Land subdivision;
-
Use and conservation of energy;
-
Public involvement in planning;
-
Stormwater management and erosion control;
-
Municipal investment in public and private development; and
-
Any other matter related to the physical, social, or economic environment of the
Municipality.
Council's policies on these matters can be put into effect through resolutions of
Council or through a wide range of municipal By-laws. The Municipal Government Act
specifically enables Council to adopt two By-laws which have special relationships with
the Municipal Planning Strategy: the Land Use By-law and the Subdivision By-law.
Under Section 210 of the Municipal Government Act, a Land Use By-law cannot be
adopted or amended contrary to the policies stated in the Municipal Planning Strategy.
Under Section 271(2) of the Municipal Government Act, a Subdivision By-law cannot
conflict with the Provincial Subdivision Regulations and may address some topics only
if the Municipal Planning Strategy has policies to support the By-law. Council has
adopted eight Land Use By-laws applying to various parts of the Municipality, and a
Subdivision By-law applying to the whole of the Municipality.
1.3 Purpose
The following policies express Council's purposes in adopting this Municipal Planning
Strategy:
1.3.1
This Municipal Planning Strategy provides a framework and a process to
accommodate change in development, land use, and division of land in the
Municipality.
1.3.2
This Municipal Planning Strategy applies to the whole of the Municipality and
expresses those policies of Council which apply to the whole of the
Municipality.
1.4 Structure
1.4.1
This Municipal Planning Strategy applies to the whole of the Municipality,
which is an area of land shown throughout Maps 1, 2, and 3.
1.4.2
This Municipal Planning Strategy is a primary policy document through which
the future growth and development of the Municipality will be encouraged,
guided, and controlled.
MODL Municipal Planning Strategy | Page 4
1.4.3
The Maps referred to in the various policies of this Municipal Planning
Strategy form part of the Municipal Planning Strategy.
1.4.4
Throughout this Municipal Planning Strategy, the Subdivision By-law, and Land
Use By-laws, the metric measurement system is used to show the required
standards.
1.5 Administration
The Municipal Planning Strategy is adopted under the authority of the Municipal
Government Act. It governs the subdivision of land and the use of land within the
boundaries of the Municipality. The Planning Strategy expresses Council's intentions
and policies. The Subdivision By-law and Land Use By-laws provide the detailed
requirements and rules which carry out the intent of the Planning Strategy.
Amendments to the Subdivision By-law and to the Municipal Planning Strategy follow
the same procedure and any amendment may require the approval of the Minister of
Municipal Affairs. Council may amend a Land Use By-law provided the amendment
conforms with the policies in the Municipal Planning Strategy.
Council's specific policies for administration of the Municipal Planning Strategy, the
Subdivision By-law and Land Use By-laws are:
When considering amendments to the Subdivision By-law or to Land Use By-laws, the
Council must consider the following:
-
That the proposal conforms to the intent of the Municipal Planning Strategy; and
-
That the proposal conforms to all applicable requirements of all municipal By-laws
and the Provincial Subdivision Regulations.
A Public Participation Program must be held prior to any proposed amendment to the
Municipal Planning Strategy, to the Subdivision By-law, or to a Land Use By-law as well
as in conjunction with the ten-year review of the Municipal Planning Strategy, and the
purpose of the Public Participation Program will be to hear the opinions of the public.
The Municipal Engineer appointed by Council will be responsible for the review and
approval of all engineering drawings and proposals for all municipal services, including
proposals for central sewer and central water systems.
Amendment of this Planning Strategy will be required where any policy expressed in
the Planning Strategy is to be changed or where any amendment to a Subdivision By-
law or a Land Use By-law would be in conflict with the policies expressed in this
Planning Strategy.
MODL Municipal Planning Strategy | Page 5
This Municipal Planning Strategy and any subsequent amendments must be reviewed
as required by the Municipal Government Act, when requested by the Minister of
Municipal Affairs, or when deemed advisable by Municipal Council, but in any case, not
later than ten years from the date of its coming into force and effect.
MODL Municipal Planning Strategy | Page 6
2.
Part 2 - Land Use Control
2.1 Powers
Although a Municipal Planning Strategy may state policies which are carried out
through resolutions of Council or through By-laws other than the Land Use By-law, the
Land Use By-law has a special relationship with the Municipal Planning Strategy.
Section 210 of the Act forbids Council from adopting or amending a Land Use By-law
contrary to the policies stated in the Municipal Planning Strategy.
Sections 220 to 224 of the Act detail specific aspects of land use which a municipality
can regulate through a Land Use By-law. They include such things as:
-
Creating zones together with lists of structures and land uses permitted or
prohibited in each zone;
-
Lot frontage, area, yard requirements and density;
-
Location, height, floor area, and external appearance of structures;
-
Population density;
-
The nature, kind, size and description of advertising;
-
Fences, walks, landscaping and outdoor lighting;
-
The excavation or filling in of land;
-
Development near watercourses, on unstable ground, or adjacent to pits and
quarries;
-
Parking requirements; and
-
Temporary developments.
Where there is a Land Use By-law in effect Section 244 of the Act states that a
Municipal Development Permit is required for any development, but also allows the
By-law to specifically exempt some developments from this requirement.
2.2 History
Council considered the possibility of regional planning in the middle 1970s, and
rejected a proposal for land use control in the Village of Hebbville in 1977 after a lively
public debate. Similar proposals for detailed land use control in other communities
have resulted in similar lively public debates. Because of these experiences, Council
has been unwilling to consider land use control under the authority of the Municipal
Government Act unless a community requests such zoning.
MODL Municipal Planning Strategy | Page 7
Those communities which are subject to Secondary Planning Strategies and Land Use
By-laws are discussed in Part 4, Secondary Planning Strategies. Land use controls which
are subject to the Municipal-Wide Land Use By-law are discussed in Part 5, Municipal-
Wide Land Use Policies.
2.3 Intent
The following policies express Council's intentions for the control of land use within the
Municipality.
2.3.1
It is the policy of Council to refrain from imposing land use control through a
Land Use By-law on any part of the Municipality unless a community
specifically requests Council to adopt a Land Use By-law for that community.
2.3.2
Despite Policy 2.3.1, Council may prepare a Secondary Planning Strategy and a
Land Use By-law on its own initiative where Council deems that such land use
control is in the best interests of the community and of the Municipality.
2.3.3
Despite Policy 2.3.1, Council may prepare a municipal-wide Land Use By-law
on its own initiative where Council deems that such land use control is in the
best interests of the Municipality.
2.4 Method
Where Council wishes to regulate land use in accordance with Policy 2.3.1, Policy 2.3.2
or 2.3.3, Council can do so only by adopting a Land Use By-law. As discussed in
Subsection 2.1 above, these Land Use By-laws must conform with policies set out in a
Municipal Planning Strategy. Policy 1.3.2 states that this Municipal Planning Strategy
applies to the whole Municipality and so any land use By-laws must conform to the
policies of this Municipal Planning Strategy.
The Municipal Government Act provides in Section 212 for Council to adopt Secondary
Planning Strategies which form part of this Municipal Planning Strategy and which
apply to specific areas of the Municipality. These Secondary Planning Strategies are
discussed in Part 3 (below) of this Municipal Planning Strategy, and will express
Council's specific policies regarding land use control in specific areas of the
Municipality.
2.4.1
It is the policy of Council to consider adopting a Secondary Planning Strategy
and a Land Use By-law for the purpose of regulating land use in accordance
with Policy 2.3.1, Policy 2.3.2 or 2.3.3.
MODL Municipal Planning Strategy | Page 8
3.
Part 3 - Subdivision Control
3.1 Powers
This Municipal Planning Strategy sets out Council's policies on the subdivision of land,
in support of the Municipal Subdivision By-law.
The Municipal Government Act defines "Subdivision" in Section 191, Clause (q):
"'subdivision' means the division of any area of land into two or more parcels, and
includes a re-subdivision or a consolidation of two or more parcels."
Subsection 268(2) of the Municipal Government Act reduces the impact of this
definition by listing ways of dividing land which the Act specifically does not affect. The
following divisions of land do not require approval by a Municipal Development Officer
under a Municipal Subdivision By-law:
(a)
Where all lots to be created, including the remainder lot, exceed ten
hectares in area;
(b)
Resulting from an expropriation;
(c)
Resulting from an acquisition or disposition of land by His Majesty the
King in right of the Province or in right of Canada or by an agency of His
Majesty;
(d)
Of a cemetery into burial lots;
(e)
Resulting from an acquisition of land by a municipality for municipal
purposes;
(i)
Resulting from an acquisition of land by a village for village
purposes;
(f)
Resulting from the disposal, by a municipality or His Majesty the King in
right of the Province, of a street or part of a street or a former street or
part of a former street, including the consolidation of a street or part of
a street or a former street or part of a former street with adjacent land;
(i)
Resulting from the disposal of a trail or part of a trail, including the
consolidation of a trail or part of a trail with adjacent land;
(g)
Of an abandoned railway right of way;
(h)
That is a consolidation of a part of an abandoned railway right of way
with adjacent land;
MODL Municipal Planning Strategy | Page 9
(i)
Resulting from a lease of land for twenty years or less, including any
renewal provisions of the lease;
(i)
Resulting from the acceptance for registration by the Registrar of
Condominiums of a phase of a phased development con-
dominium that meets the requirements, if any, prescribed by the
regulations made pursuant to the Condominium Act;
(ii)
Resulting from the quieting of a title; and
(j)
Resulting from a devise of land by will executed on or before January 1,
2000.
The Municipal Government Act further restricts the powers of a Municipality's
Subdivision By-law at Section 271(2), by requiring the By-law to include all applicable
parts of the Provincial Subdivision Regulations. These may not be relaxed unless a
Municipal Planning Strategy explains the relaxation. Relaxing the requirements is
greatly restricted by Section 208(3) which allows the Minister of Municipal Affairs to
refuse approval of a Municipal Planning Strategy if it conflicts with any provincial
interest. The Provincial Subdivision Regulations express provincial interests and no
relaxation of requirements will be permitted without background studies to show that
those interests are protected and to support Municipal Planning Strategy policy
statements.
Section 271(2) of the Municipal Government Act also allows Council to impose
requirements which are more restrictive than the Provincial Subdivision Regulations.
The use of this provision is also limited by the Minister's obligation to protect
Provincial interests as expressed in the Provincial Subdivision Regulations and the
Provincial Statements of Interest, see also section 208(3) of the Municipal Government
Act.
Other subsections of Section 271 list matters of Municipal interest which are not
addressed by the Provincial Subdivision Regulations but may be addressed in a
Municipal Subdivision By-law, such as:
-
Public Street construction standards;
-
Construction standards for private roads in a rural municipality;
-
Standards for water mains, sanitary sewer, storm drainage and other utilities;
-
Public Open Space for recreation purposes;
-
Limits on the number of lots subdivided in one year from any property;
MODL Municipal Planning Strategy | Page 10
-
Fees for review and approval of plans;
-
Access to lots;
-
Shapes of lots (including frontage and area);
-
Concept Plans;
-
Transportation Reserves;
-
Development on roads;
-
Infrastructure Charges.
The inevitable conclusion is in four parts: (1) that a Municipal Subdivision By-law must
conform with the minimum requirements of the Provincial Subdivision Regulations
regarding lot sizes, lot access, contents of a plan, and the procedure to be followed in
approving a plan; (2) that the Municipal Planning Strategy and Subdivision By-law can
be more restrictive than the Provincial Regulations; (3) that the Strategy and By-law
can address subjects of Municipal interest such as recreation space and sewer, water,
or road construction; and (4) that the Strategy and By-law can be less stringent than
Provincial Subdivision Regulations only if they do not conflict with Provincial Interests.
3.2 History
The Minister of Municipal Affairs first prescribed Subdivision Regulations for the
Municipality on 5 March, 1975 and soon afterward the Municipal Council adopted a
Subdivision By-law which became law on 19 December, 1975. From that time, all
subdivisions of land in the Municipality required the approval of the Municipal
Development Officer.
From the time the former Planning Act was amended in 1987, every subdivision of land
in the province has required approval. The Provincial Subdivision Regulations applied
where there was no Municipal Subdivision By-law.
The Municipal Government Act stipulates that in those municipal units in which there is
no Subdivision By-law, the Provincial Subdivision Regulations will become the
Subdivision By-law for these municipal units. Thus, under the Municipal Government
Act subdivision controls are mandatory for all municipal units.
Since Municipal Council first adopted a Subdivision By-law in 1975 the construction
and design requirements for private road design and construction have seen numerous
changes.
The Subdivision By-law during the period of 1975-1993 enabled the creation of cottage
lots on private "designed" roads. Cottage Subdivisions implied that the lots were to be
MODL Municipal Planning Strategy | Page 11
used for seasonal or periodic occupancy. The Subdivision By-law enabled the creation
of 10 lots on a private "designed" road, without the requirement that the designed
road be constructed. Upon creation of the 11th lot, the road had to be constructed to
the designed road construction standards of the Subdivision By-law for cottage
subdivision roads.
In 1993, Municipal Council repealed the 1975 Subdivision By-law and adopted a new
Subdivision By-law. The 1993 Subdivision By-law enabled the creation of lots on private
"designed" roads, regardless of whether the intended occupancy of the lot was
permanent or seasonal. The Subdivision By-law further exempted the developer from a
requirement to construct the road if six or fewer lots were created on a private
"designed" road. Upon the creation of the seventh lot, the developer was required to
construct the road to the private "designed" road construction standards of the
Subdivision By-law.
In 1997 Municipal Council amended the Subdivision By-law to remove the construction
standards for private "designed" roads. The result was that private "designed" roads
were no longer required to be constructed.
In late 1998 the former Nova Scotia Planning Act was replaced with the Municipal
Government Act.
In 1999 Municipal Council updated the Subdivision By-law by repealing and replacing
the previous version.
During the period from 2001 to 2004 Municipal Council conducted a review of both
public and private "designed" road design standards. Although private "designed" road
construction standards were proposed, Council did not implement private "designed"
road construction standards. Private "designed" roads were required to be designed
but not constructed to the design.
Private roads are sometimes difficult to maintain. The greater the number of lots using
the roadbed, the greater the traffic and increased numbers of people who must be
persuaded to share the maintenance costs.
Since the last review, the Municipality has received feedback from residents on private
roads who are frustrated with the challenges of maintaining their private road.
Identified challenges include the construction quality of private roads; maintenance
costs associated with private roads; and residents being unaware of the potential
issues associated with living on a private road.
With the adoption of the Subdivision By-law in 2018, Municipal Council has approved
new design, construction, and inspection requirements for public and private designed
roads. These new road standards respond to feedback by private road residents and
MODL Municipal Planning Strategy | Page 12
emergency response providers and reflect Council's desire to ensure adequate access
by implementing road construction standards.
3.3 Intent
The following policies express Council's intentions in adopting this Municipal Planning
Strategy for the subdivision of land:
3.3.1
This Municipal Planning Strategy provides a background and a rationale for
the control of subdivision of lands in the Municipality, expressing Council's
intentions for such control.
3.3.2
It is the intention of Council to control the subdivision of land in an orderly
manner so as to: protect public health by promoting proper sewage disposal;
promote public safety and cost-efficiency in the construction and use of new
roads; ensure that new municipal services are constructed and maintained at
minimum cost to the municipality; and provide essential information about
land ownership within the municipality.
3.4 Method
To carry out the intentions and purposes set out in Subsection 3.3 above, Council has
adopted this Municipal Planning Strategy according to the following policies:
3.4.1
The Subdivision By-law applies to the whole of the Municipality, including any
areas affected by a Secondary Planning Strategy.
3.4.2
This Municipal Planning Strategy is the policy document through which the
subdivision of lands will be guided and controlled.
3.4.3
The Subdivision By-law provides the principle means for control of land
subdivision through which the intent of this Municipal Planning Strategy is put
into effect.
3.4.4
The Development Officer of the Municipality appointed under the authority of
the Municipal Government Act will be responsible for the administration of
the Subdivision By-law and will issue or refuse subdivision approvals.
3.4.5
The Subdivision By-law regulates the subdivision of lands within the Municipal
boundaries so as to ensure:
(a)
That such subdivisions of land conform with any applicable
requirements of any applicable Land Use By-law for minimum lot area
and lot frontage;
MODL Municipal Planning Strategy | Page 13
(b)
Where there is no Land Use By-law and no central sewer system, that
such subdivisions of land provide an adequate lot size for on-site sewage
disposal while providing flexibility for the creation of very small lots
where on-site sewage disposal is not required;
(c)
Where there is no Land Use By-law but lots are served by a central
sewer system, that such subdivisions of land provide an adequate lot
size for ordinary residential purposes;
(d)
That such subdivisions of land provide for safe, adequate access from
the Public Road network to each approved lot;
(e)
That any central sewer systems and central water systems are
professionally designed and constructed, as well as connected to
existing municipal systems where possible;
(f)
That provisions are made for the contribution of cash-in-lieu of land for
parks, playgrounds, and similar public purposes, or that land is
contributed to provide public access to waterways;
(g)
That surveyors' plans of subdivision showing such subdivisions are
approved and filed at the Registry of Deeds;
(h)
That where a plan of subdivision involves the addition or consolidation
of parcels or areas of land the deeds to effect the addition or
consolidation, along with the approved plan, are filed at the Registry of
Deeds.
(i)
That sufficient information is shown on such surveyors' plans of
subdivision to conform with the applicable requirements of the
Municipal Government Act and the Provincial Subdivision Regulations as
well as to enable evaluation of the proposal;
(j)
That engineering drawings are prepared by qualified persons and filed
with the Municipal Engineer to show the construction details of any new
central sewer or water services and of any new Public Roads and Private
Designed Roads;
(k)
That the Municipal Engineer must inspect the construction of any new
central sewer or water services and of any new Public Roads;
(l)
That a Private Engineer must inspect the construction of any new
Private Designed Road; and
MODL Municipal Planning Strategy | Page 14
(m) That consistent procedures are followed in the review and approval of
such plans so as to conform with the requirements of the Municipal
Government Act and the Provincial Subdivision Regulations.
3.5 Provincial Subdivision Regulations
As explained in Subsection 3.1 above, the Municipality must include in the Subdivision
By-law all the crucial parts of the Provincial Subdivision Regulations as they are at the
time the By-law is adopted. These parts govern the contents of subdivision plans and
the procedure used in processing them, access to lots, and lot sizes. Where the
Minister allows the Municipality to be stricter or less strict than these requirements,
the variation is explained in this section of the Municipal Planning Strategy.
In the administration of regulations as complicated as the Subdivision Regulations
there is always a need to interpret the meaning of various sections in order to guide
the Development Officer in specific situations. Where the Municipality has adopted the
exact wording of the Provincial Subdivision Regulations it is generally in the interests of
developers, surveyors and lawyers to have consistent administration from one
jurisdiction to another. In order to provide this consistency, Council must allow its
Development Officer to follow the lead of the Department of Municipal Affairs in
interpreting those parts of the By-law which directly copy the Provincial Subdivision
Regulations.
In view of these considerations, Council has adopted the following policies:
3.5.1
To adopt a Subdivision By-law which is not inconsistent with the Provincial
Subdivision Regulations and further, to include in the Subdivision By-law any
provisions of the Provincial Subdivision Regulations which are applicable to
the Municipality.
3.5.2
To be guided by any interpretation by the Department of Municipal Affairs of
all provisions of the Provincial Subdivision Regulations which are directly
incorporated into the Subdivision By-law.
3.6 Procedure and Information
The compulsory procedures for reviewing and approving a subdivision plan are set out
in the Municipal Government Act and the Provincial Subdivision Regulations. The
Regulations also specify what information must be shown on or accompany a
subdivision plan. Although these are incorporated into the Subdivision By-law, Council
has additional requirements as set out in the following policies:
3.6.1
To allow subdivided land to be easily and accurately shown on maps, to
require the subdivision plan to show the bearing and distance from the
MODL Municipal Planning Strategy | Page 15
subdivided land to a Nova Scotia High Precision Network Monument or Nova
Scotia Co-ordinate Referencing System Monument wherever possible, or in
lieu of Monument ties, measurements to features which are defined on
existing mapping.
3.6.2
In order to ensure efficient street networks, adequate storm water
management measures, adequate layout of public open space and the
suitability of subdivision for on-site or central services to require in the
Subdivision By-law, that where new streets or roads are proposed, the
subdivider be required to submit a Concept Plan. Furthermore, to specify in
the Subdivision By-law the contents necessary in order to evaluate street
networks, stormwater management, layout of public open space, and
suitability of site for on-site or central services.
The Provincial Subdivision Regulations require, amongst other things, that Concept
Plans show the estimated lot yield figure, based on zoning requirements or
requirements of Nova Scotia Environment, and that a concept plan be evaluated in
terms of any proposed community and commercial uses. Council feels that these items
are necessary only in areas with larger developments, as opposed to the Municipality.
In addition, most of the municipality does not have any zoning regulations and as such,
for many of the subdivisions there would be no requirements upon which to evaluate
commercial or community uses. It is for this reason that the Subdivision By-law is less
stringent than the provincial subdivision regulations with regards to the required
contents of Concept Plans, as indicated in the following policy of Council.
3.6.3
Due to sparsely zoned areas in the Municipality and the relatively small scale,
low density residential nature of development in the municipality it is
Council's policy to not require Concept Plans to show the estimated lot yield
or to be evaluated based upon a proposed commercial or community use.
3.7 Lot Size
Minimum lot sizes for on-site sewage disposal by septic tank and disposal field are set
by Nova Scotia Environment's "On-Site Sewage Disposal Systems Regulations". The
Provincial Subdivision Regulations do not have a minimum lot area requirement, but
rather rely on the results of an assessment conducted by Nova Scotia Environment to
set the minimum lot area. In those areas in which a Land Use By-law exists that contain
minimum lot area requirements, a lot being created must satisfy the more stringent
requirement.
The Provincial Subdivision Regulations further require that in areas not served by a
central sewer, all plans of subdivision must be forwarded to Nova Scotia Environment
to determine compliance with the 'On-Site Sewage Disposal Systems Regulations'. This
MODL Municipal Planning Strategy | Page 16
requirement is waived, however, when the lot is more than 9,000 square metres; has a
width of 75 metres or more; and the applicant has certified that the lot is being
created for a purpose which does not require an on-site sewage disposal system.
Council has experienced considerable difficulty over the years with "remainder lots",
defined as "a lot for which subdivision approval is not requested or granted, but which
results from the approval of lots shown on a plan of subdivision". Because these lots
are not required to satisfy one or another of the By-law requirements (in particular the
survey requirement) they are often created with an area, width or frontage which
renders them unsuitable for on-site sewage disposal. Council sees a definite need to
have these lots assessed for the suitability to install/construct an on-site sewage
disposal system. This assessment is difficult when boundaries are not clearly defined.
Nova Scotia Environment's 'On-Site Sewage Disposal Systems Regulations' require that
any lot less than 9,000 square metres be assessed for the suitability of the lot for the
installation / construction of an on-site sewage disposal system. Nova Scotia
Environment advises that lots in excess of this are usually capable of supporting an on-
site sewage disposal system. Council will, therefore, require all new lots under that size
threshold to be surveyed, shown on a plan of subdivision, approved by the
Development Officer and approved by Nova Scotia Environment as complying with the
'On-Site Sewage Disposal Systems Regulations'. This is intended to provide more useful
information to the subdivider as well as subsequent purchasers of the land.
Where there is a central sewer system the minimum lot area will continue to be the
standard established in the Municipal Subdivision By-law in 1975.
In most other respects, the Subdivision By-law follows the provisions of the Provincial
Subdivision Regulations in accordance Policy 3.5.1 above.
To carry out these intentions, Council adopts the following policies:
3.7.1
In conformity with the Provincial Subdivision Regulations, to require plans of
subdivision to be forwarded to Nova Scotia Environment to determine if the
lots shown comply with the 'On-Site Sewage Disposal Systems' Regulations.
3.7.2
To waive the requirements of Policy 3.7.1 where
(a)
The proposed lot:
(i)
Has an area more than 9,000 square metres,
(ii)
Has a width of 75 metres or more, and
(iii) Is to be used for a purpose which does not require an on-site
sewage disposal system, or
MODL Municipal Planning Strategy | Page 17
(b)
The proposed lot:
(i)
Is served by a central sewer system and has the minimum lot area
established in the Subdivision By-law, for lots served by a Central
Sewer System.
3.7.3
In conformity with the Provincial Subdivision Regulations, to require all lots
approved by the Development Officer on a Plan of Subdivision to be surveyed.
3.7.4
In addition to the requirements of the Provincial Subdivision Regulations, to
require all new lots of less than 9,000 square metres area to be surveyed, and
approved by the Development Officer, pursuant to Policy 3.7.1 and Policy
3.7.2.
3.7.5
To waive the requirements of Policies 3.7.3 where lot boundaries are being
altered and no new lots are being created.
3.8 Lot Access
The Provincial Subdivision Regulations require that lots must abut a public highway; a
right-of-way at least 20 metres wide, or a lesser width permitted by a Subdivision By-
law; or an existing right-of-way which has been listed on a schedule in the Subdivision
By-law (Schedule 'B'). There is also a provision for lots on an island and a provision for
one division of any existing lot without any specific access requirement.
Although Policies 3.5.1 and 3.5.2 express Council's acceptance of this general
arrangement, there are two road issues of concern to Council: Public Roads and Private
Designed Roads.
Prior to 1995, new public roads in subdivisions were the responsibility of the Province.
However, with servicing adjustments in 1995, new public roads became the
responsibility of municipalities. Now, whenever a public road is built, it is turned over
to the Municipality to maintain. In 2018, Council conducted a review of the Municipal
Public Roads built since 1995 in the Municipality and determined that many of them
cost more to maintain than the property taxes collected from the properties they
serve. Council, therefore, feels that it is premature to allow the development of any
new Municipal Public Roads without careful consideration of whether that new
Municipal Public Road is economically sustainable. Council will only consider new
Municipal Public Roads on a case-by-case basis through amendments to Schedule 'K' of
the Subdivision By-law.
To ensure consistent design and construction quality for the creation of new roads in
the Municipality as well as proper emergency vehicle access, Council has adopted
Municipal Road Design and Construction Standards. These standards are based on a
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five-tiered road class designation system and recognize the different functions of roads
in urban and rural contexts. The Municipal Road Design and Construction Standards
recognize the challenges of building roads in the Municipality due to the topography in
the area and therefore allow for a lower design speed road option for Private Designed
Roads. In response to the challenges with topography, the Subdivision By-law also
enables a limited number of flag lots and access exemption lots.
New Public Roads are to be constructed and conveyed to the Municipality prior to
subdivision approval for any lots serviced by the Public Road. Alternatively, Council
may enter into an agreement with the subdivider, which guarantees construction of a
Public Road, and subdivision approval may be granted prior to construction provided
that the agreement is backed by an appropriate bond or other security acceptable to
Council. This agreement will also clearly define the subdivider's responsibilities for the
work to be completed.
New Private Designed Roads must conform to the design and construction standards
of the Subdivision By-law.
Private roads are sometimes challenging to maintain. The greater the number of lots
using the roadbed, the greater the challenge, with increased traffic and increased
numbers of people who must be persuaded to share the maintenance costs. These
challenges are sometimes solved by the Municipality, upon petition by lot owners, to
build the road to the required municipal standard and recover the costs from the
landowners abutting the road by means of an area rate. To facilitate the construction
of a Public Road at any future time, Council will require the subdivider to design the
Private Road with a right-of-way width and drainage that satisfies the Municipal Road
Design and Construction Standards of the Subdivision By-law.
In addition to road issues, another concern of Council is lots with no frontage. Council
is aware of the provision within the Provincial Subdivision Regulations which allows for
a lot with no frontage to be created within an area of land as it existed on August 1,
1987, and two lots with no frontage out of an area of land that does not meet the
frontage requirements of the Subdivision By-law. However, it is Council's opinion that
this provision discourages development and therefore, will enable one lot with no
frontage to be created out of an area of land as it existed on December 30, 1994, and
two lots with no frontage to be created out of an area of land which does not meet the
frontage requirements of the Subdivision By-law.
These concerns give rise to the following policies:
3.8.1
Where the Subdivision By-law enables lots to be approved with frontage on a
right-of-way 15.2 metres wide, to require such rights-of-way to be acceptable
to the Municipal Engineer as having sufficient width and drainage provisions
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to satisfy Municipal Road Design and Construction Standards of the
Subdivision By-law, in order to facilitate construction of a Public Road at any
future time.
3.8.2
To enable the division of land into lots which do not have frontage on a Public
Road provided that such lots have frontage on any private right-of-way which
is indexed on Schedule "B" of the Subdivision By-law.
3.8.3
To consider proposals for indexing private rights-of-way on Schedule "B" of
the Subdivision By-law provided Council is satisfied that:
(a)
The existing road is constructed within a right-of-way which was being
used to provide access to three or more developed lots prior to 19
December, 1975;
(b)
The right-of-way intersects with a Public Road, and the intersection
point has been approved by the authority having jurisdiction over the
Public Road;
(c)
The minimum width of the right-of-way was on 19 December, 1975, and
is at the time of indexing, 7.62 metres;
(d)
The length of the right-of-way to be included in the schedule does not
extend beyond the last existing residential use;
(e)
The road and the right-of-way are shown on a survey plan prepared by a
licensed Nova Scotia Land Surveyor, unless Council is satisfied that
existing surveys are sufficient to determine the exact location of the
right-of-way;
(f)
The road within the right-of-way is soundly constructed on a stable
base, with a gravel or asphalt surface, well-drained by means of ditches,
culverts or storm sewers as appropriate so that it is capable of carrying
the anticipated traffic load;
(g)
It is not feasible to provide a Public Road to serve the proposed lots and
it is not feasible to provide a right-of-way with a minimum width of 15.2
metres.
3.8.4
To include in the subdivision By-law standards for design and construction of
Public Roads and Private Designed Roads.
3.8.5
To enable the approval of a final plan of subdivision prior to construction of
the required Public Roads and Private Designed Roads where:
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(a)
The developer has entered into an agreement, which is satisfactory to
Council, to carry out and complete the required work within a period of
time as specified in the agreement; and
(b)
The developer has posted a performance bond or other security
acceptable to Council, and
(c)
The agreement provides that the developer may receive subdivision
approval for lots after posting the performance bond or other
acceptable security, but prior to construction of the proposed Public
Roads and Private Designed Roads; and
(d)
The agreement provides for the conveyance of all road rights-of-ways
and road beds necessary to the operation of the Public Road, together
with easements sufficient for the maintenance of all associated road
drainage systems.
3.8.6
Notwithstanding Policy 3.4.5(d) to enable the division of one lot with no
frontage from an area of land as it existed on December 30, 1994 and the
division of two lots with no frontage from an area of land which does not
meet the frontage requirements of the Subdivision By-law, as it existed on
December 30, 1994.
3.8.7
To only permit the development of new Public Roads in areas identified in
Schedule 'K' of the Subdivision By-law. In considering adding areas to
Schedule 'K' of the Subdivision By-law, Council will evaluate whether or not
the proposal for new Public Roads is economically-premature based on the
density of development, required length of road, expected market uptake of
created lots, proximity to existing Municipal Public Roads, and any other
factor that Council deems relevant.
3.9 Sewer Services
Other than specifying minimum sizes for lots in serviced areas, the Provincial
Subdivision Regulations are silent about central sewer systems. These services are the
responsibility of municipal government, and Council has a number of concerns because
of experience in dealing with sewer services.
The Municipality owns and operates central sewer systems and sewage treatment
plants in the New Germany area, Cookville, and in the Riverside Subdivision in
Conquerall Bank. In addition, the Municipality owns the sewage collection system
including easements, pipes and pumping stations in Hebbville, but has connected this
system to the Town of Bridgewater system for sewage disposal.
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Council encourages the extension of the existing Municipally-owned sewer systems
and encourages connection of future development to the existing municipal systems,
subject to the operating capacity of these systems.
Past experience with privately-owned central sewer systems has convinced Council
that these systems often cause maintenance problems for lot owners, especially if the
construction of the system is inadequate in the first place.
Where there is no central sewer system available, Council will permit new lots to be
serviced by on-site sewage disposal systems on each lot. A lot which satisfies the
minimum lot size requirement of the "Regulations Respecting On-site Sewage Disposal
Systems" may be perceived by the public to be suitable for on-site sewage disposal.
However, because not all such lots are suitable due to shallow soil depth, proximity to
watercourses, steep slopes, impermeable soil, development density, etc., Council
wishes to ensure that these lots are assessed by Nova Scotia Environment and that
their suitability or lack of suitability is shown on the Plan of Subdivision in accordance
with Policies 3.7.1 and 3.7.4 above.
These concerns give rise to the following policies:
3.9.1
To enable the subdivision of land into lots serviced by any existing central
sewer system owned and operated by the Municipality.
3.9.2
To enable the subdivision of land into lots which are to be serviced by a
central sewer system where:
(a)
The developer has entered into an agreement which is satisfactory to
Council, to carry out and complete the required work within a specified
period of time as set out in the agreement; and
(b)
The developer has posted a performance bond, or other security
acceptable to Council; and
(c)
The agreement provides that the developer may receive subdivision
approval for lots after posting the performance bond, or other
acceptable security, but prior to construction of the proposed sewer
system; and
(d)
The agreement provides for the conveyance of all assets necessary to
the operation of central sewer systems, together with easements
sufficient for the maintenance of all services.
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3.10 Water Services
The Municipality does not own or operate any central water supply. Dug wells and
drilled wells on individual lots are the normal sources of drinking water in the
Municipality and this is likely to continue. A limited area of the Municipality has access
to central water systems. The Municipality will consider the creation of new lots on
these existing systems according to the standards of the Subdivision By-law.
In view of these possibilities, Council's policies are:
3.10.1 To permit the subdivision of land into lots which are to be serviced by on-site
wells.
3.10.2 To permit the subdivision of land into lots serviced by an existing central
water system provided that the system is constructed to the standards of the
Subdivision By-law.
3.11 Public Open Space
The Municipality is responsible for providing recreation services. To this end, the
Municipality offers public recreational services and programs through the Municipal
Recreation Department. The Municipality also provides recreational opportunities
through the provision of a recreation complex in Dayspring, as well as a Municipal
Beach at Lake Mush-A-Mush, and walking trails at Miller Point Park, along the LaHave
River. In addition to these facilities and parklands, the Municipality has acquired
numerous parcels through the former Public Open Space requirements of the
Subdivision By-law.
The Municipality had been acquiring Public Open Space within their Subdivision By-law
for developments that have occurred between the years 1975 and 2001. The Municipal
Government Act enables Council to require, within the Subdivision By-law, that a
subdivider convey land, equivalent value to land, or a combination of both for public
open space purposes. Council is also able to specify those instances where land or an
equivalent value is required. Prior to July 2001, Council required that the developer
convey useable land or cash-in-lieu of land.
Between June 1999 and March 2000 municipal staff undertook research related to
Public Open Space. The objective of this research was to determine whether the
former public open space requirements were satisfying the needs of the Municipality,
based upon the past 25 years of development and the anticipated development
pattern. This report concluded that the recreational needs of the Municipality were
not being satisfied (Public Open Space Study, March 2000). The report further
recommended that Council adopt a municipal wide approach to public open space,
MODL Municipal Planning Strategy | Page 23
being that public open space should benefit all of the municipality's residents, not just
those in a local subdivision. To this end, Council, in September 2001, removed the
former public open space requirements of the Subdivision By-law, and has
incorporated new policy and subdivision By-law requirements into this Planning
Strategy and accompanying Subdivision By-law.
As provided for in the Municipal Government Act, Council will require that a subdivider
contribute two percent (2%) of the market value of all new lots created. Council does
not wish to impose this requirement on any division in which the lot(s) created
contains an existing main building, is a remainder lot, is a consolidation of two or more
lots, is a private designed road approved as a separate lot, is an alteration of lot
boundaries in which no new additional lots are created, or is on land owned by the
Municipality.
Council also recognizes that some subdivisions may provide the opportunity to acquire
waterfront land that was not necessarily considered and planned for through the Open
Space Strategic Plan. Therefore, Council will consider proposals from subdividers for
the contribution of at least 5% of the area of the subdivision lands in lieu of the cash
dedication. Where accepted, open space lands must be usable and must include public
access on a Public Road.
As required by the Municipal Government Act, Council will use the funds for no other
purpose other than the acquisition of, and capital improvements to, parks,
playgrounds and similar public purposes and may use the interest on the funds not
expended for these purposes for the operation and maintenance costs of parks,
playgrounds, and similar public purposes. This will enable Council to strategically
acquire and develop recreational lands in a location and of a quality and quantity that
will benefit the municipality as a whole. To ensure that land is strategically acquired,
Council will develop a strategic plan for the acquisition of future land. As part of this
strategic plan, Council will review the existing municipal land inventory to determine
the usefulness of these parcels in relation to the Strategic Plan. This plan will include
estimated times and budget expenditures necessary to reach Councils' goals.
To provide the residents in the Municipality with reasonable access to park,
playground and similar public areas, Council's policies are:
3.11.1 To require subdividers to contribute cash in the amount of two percent of the
market value of all new lots created and for which subdivision approval has
been requested or is required.
3.11.2 To waive the requirements of Policy 3.11.1 where:
(a)
A lot created contains an existing main building;
MODL Municipal Planning Strategy | Page 24
(b)
A lot created is a remainder lot:
(c)
An approval is for the consolidation of two or more lots;
(d)
Lot boundaries are altered and no new additional lots are created;
(e)
An approval is for a designed road as a separate lot; or
(f)
The Municipality owns the property being subdivided.
3.11.3 To develop a Strategic Plan for the acquisition and disposition of land by the
Municipality, which will identify Councils' goals with respects to recreational
lands and incorporate projected budget expenditure estimates and the time
frames necessary to reach these goals.
3.11.4 To consider proposals for usable land consisting of at least 5% of the
subdivided lands, by area, in lieu of the cash dedication. Such lands must
include water access and must include frontage on a Public Road.
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4.
Part 4 - Secondary Planning Strategies
4.1 Background
Where Council has adopted a Municipal Planning Strategy for the whole municipality
such as this one, the Municipal Government Act provides that Council may adopt a
secondary planning strategy which applies, as part of the Municipal Planning Strategy,
to specific areas within the municipality. Where planning strategies are put in place in
conformance with Policy 2.3.1 because of a request from a community for land use
control, or in conformance with Policy 2.3.2, they will be secondary planning strategies
included within this Municipal Planning Strategy.
Considering the powers set out in the Municipal Government Act, and in order to carry
out intentions and policies set out in Sections 2.3 and 2.4 of this Municipal Planning
Strategy, Council has adopted the following policies:
4.1.1
It is the policy of Council to provide planning staff and to consider adopting a
Secondary Planning Strategy for any community which specifically requests
Council for such services and consideration.
4.1.2
The Secondary Plan Areas Map (1) which is attached to this Municipal
Planning Strategy is a generalized representation of the location of areas
affected by Secondary Planning Strategies and Land Use By-laws.
4.1.3
The exact boundaries of the areas affected by Secondary Planning Strategies
are shown on the Future Land Use Maps and Zoning Maps appended to the
Secondary Planning Strategies and Land Use By-laws in effect in various parts
of the Municipality.
4.1.4
Where there is any conflict between the policies expressed in this Municipal
Planning Strategy and the policies expressed in any Secondary Planning
Strategy, the most stringent will prevail.
4.1.5
The Coastal Protection Area Map (2) which is attached to this Municipal
Planning Strategy is a generalized representation of the location of areas
affected by Coastal Protection policies and regulations.
4.1.6
The Municipal-Wide Land Use Map (3) which is attached to this Municipal
Planning Strategy is a generalized representation of the location of areas
affected the Municipal-Wide Land Use policies and the associated Municipal-
Wide Land Use By-law.
MODL Municipal Planning Strategy | Page 26
4.2 Village of Hebbville
On February 14, 2012, Municipal Council approved a revised Secondary Planning
Strategy and Land Use By-law for the Village of Hebbville. The Minister of Services
Nova Scotia and Municipal Relations reviewed these documents and deemed them not
to require ministerial approval. The Secondary Planning Strategy for the Village of
Hebbville is to be included within this Municipal Planning Strategy as a Secondary
Planning Strategy. On March 21, 2012 the first notice of Municipal Council's approval
appeared in the local newspaper and is the effective date of the document.
4.2.1
It is the policy of Council that the Secondary Planning Strategy for the Village
of Hebbville as approved by Municipal Council, effective March 21, 2012, is
incorporated into this Municipal Planning Strategy for the Municipality as a
Secondary Planning Strategy.
4.3 Oakland
On September 9, 2003, Municipal Council approved a revised Secondary Planning
Strategy and Land Use By-law for the community of Oakland. The Minister of Service
Nova Scotia and Municipal Relations reviewed the Oakland Secondary Planning
Strategy and Land Use By-law and deemed them not to require ministerial approval.
On October 22, 2003 the first notice of Municipal Council's approval appeared in the
local newspaper and is the effective date of the document.
4.3.1
It is the policy of Council that the Secondary Planning Strategy for the
community of Oakland as approved by Municipal Council, effective October
22, 2003, is incorporated into this Municipal Planning Strategy for the
Municipality as a Secondary Planning Strategy.
4.4 Riverport and District
On July 12, 2005 Municipal Council approved a revised Secondary Planning Strategy
and Land Use By-law for Riverport and District plan area. The Minister of Service Nova
Scotia and Municipal Relations reviewed the Riverport and District Secondary Planning
Strategy and Land Use By-law and deemed them not to require ministerial approval.
On August 10, 2005 the first notice of Municipal Council's approval appeared in the
local newspaper and is the effective date of the document.
4.4.1
It is the policy of Council that the Secondary Planning Strategy for Riverport
and District as approved by Municipal Council, effective August 10, 2005, is
incorporated into this Municipal Planning Strategy for the Municipality as a
Secondary Planning Strategy.
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4.5 Princes Inlet and Area
On January 12, 2016 Municipal Council approved a revised Secondary Planning
Strategy and Land Use By-law for Princes Inlet and Area. The Minister of Service Nova
Scotia and Municipal Relations reviewed the Princes Inlet and Area Secondary Planning
Strategy and Land Use By-law and deemed them not to require ministerial approval.
On February 17, 2016 the first notice of Municipal Council's approval appeared in the
local newspaper and is the effective date of the document.
4.5.1
It is the policy of Council that the Secondary Planning Strategy for the Princes
Inlet and Area, as approved by Municipal Council, effective February 17, 2016
is incorporated into this Municipal Planning Strategy for the Municipality, as a
Secondary Planning Strategy.
4.6 Blockhouse
On September 9, 2008 Municipal Council approved a revised Secondary Planning
Strategy and Land Use By-law for Blockhouse. The Minister of Service Nova Scotia and
Municipal Relations reviewed the Blockhouse Secondary Planning Strategy and Land
Use By-law and deemed them not to require ministerial approval. On October 14, 2008
the first notice of Municipal Council's approval appeared in the local newspaper and is
the effective date of the document.
4.6.1
It is the policy of Council that the Secondary Planning Strategy for the
Blockhouse Area, as approved by Municipal Council, effective October 14,
2008, is incorporated into this Municipal Planning Strategy for the
Municipality, as a Secondary Planning Strategy.
4.7 Osprey Village
On December 12, 2006 Municipal Council approved a revised Secondary Planning
Strategy and Land Use By-law for Osprey Village. The Minister of Service Nova Scotia
and Municipal Relations reviewed the Osprey Village Secondary Planning Strategy and
Land Use By-law and deemed them not to require ministerial approval. On January 24,
2007 the first notice of Municipal Council's approval appeared in the local newspaper
and is the effective date of the document.
4.7.1
It is the policy of Council that the Secondary Planning Strategy for Osprey
Village as approved by Municipal Council, effective January 24, 2007, is
incorporated into this Municipal Planning Strategy for the Municipality as a
Secondary Planning Strategy.
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4.8 Hemford Forest
On April 13, 2021 Municipal Council approved a Secondary Planning Strategy and Land
Use By-law for Hemford Forest Plan Area, following a plebiscite conducted on
September 22, 2018 to regulate land use planning.
4.8.1
It is the policy of Council that the Secondary Planning Strategy for Hemford
Forest as approved by Municipal Council is incorporated into this Municipal
Planning Strategy for the Municipality as a Secondary Planning Strategy.
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5.
Municipal-Wide Land Use Policies
In response to concerns over unregulated development occurring along the coastline, as
well as unregulated cluster developments occurring in both coastal and inland areas,
Council initiated the process of introducing targeted land use controls to address these
concerns in 2023 through new policies and the introduction of a Municipal-Wide Land
Use By-law. These land use regulations are recognized as temporary measures to control
specific types of development, particularly in areas outside of the existing Secondary
Plan Areas, recognizing that full land use controls will be implemented shortly. However,
as they impact areas across the municipality, the policies contained in the Cluster
Development and Coastal Protection sections also apply to Secondary Plan Areas.
Therefore, in cases where similar policies or regulations overlap, the most stringent ones
will apply.
5.1 Cluster Developments
Cluster developments are a type of residential development where several detached
and/or multiple-unit dwellings are located on the same property. In response to
concerns over the absence of development standards for this kind of development,
Council has introduced a process by which Cluster Development proposals to develop
or expand, including through new or additional phases, are able to be approved
through a development agreement process. The following general policies apply to this
kind of development:
5.1.1
Council will review cluster development regulations every five years and
update them in accordance with best practices for development regulations.
5.1.2
Council will permit cluster developments in all areas of the Municipality unless
stricter policies are contained in a Secondary Planning Strategy or associated
Land Use By-law.
Conservation design development is a style of cluster development designed to
conserve open space in rural areas and protect environmental features. The basic
principle of the design is to locate homes on the portion of the site best suited for
development while retaining the remainder of the site as open space. While
conservation design is not being directly evaluated as part of the development
agreement process, Council wishes to promote conservation design as one possible
way of meeting environmental and servicing standards.
5.1.3
It will be a policy of Council to promote and encourage conservation design
style cluster development.
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5.2 Cluster Developments by Development Agreement
The evaluative criteria of the development agreement process provides Council the
flexibility to uphold development standards that are appropriate to the size,
configuration, and location of the proposed development.
5.2.1
Council will consider cluster development applications through the
development agreement process.
5.3 Non-Conforming Allowances for Cluster Developments
A non-conforming use, sometimes called a grandfathered use, is a status given to a land
use that pre-dates a regulation to allow its continuation under certain restrictions. A
future date has been chosen for grandfathering by means of non-conforming status.
This will allow a reasonable period for completion of work needed to obtain registration
of units or building permits at the time of the publication of the notice of intent to adopt
these planning documents.
5.3.1
As outlined in the Municipal-Wide Land Use By-law section on Non-
Conforming Uses, it will be a policy of Council that, for cluster developments
being developed as bare land condominiums or phased land condominiums,
all units that have been accepted for registration by the Registrar of
Condominiums as evidenced by their being registered at the appropriate Land
Registration office established under the Land Registration Act by December
31, 2026, will be recognized by Council as non-conforming.
5.3.2
Council will recognize cluster developments as non-conforming if they are not
phased development condominiums. To qualify, a developer must hold a
complete building permit application by December 31, 2026.
5.3.3
Despite subsection 5.3.2, Council may allow cluster developments to enter
into a Development Agreement if it determines that the proposed
development cannot be completed within the building permit timeframe.
5.4 Coastal Protection
In response to the dynamic challenges posed by climate change and our coastal
environment, Council has introduced a comprehensive set of coastal protection
policies. In the face of sea-level rise, erosion, and the potential loss of critical
ecosystems, these policies stand as a guide for responsible coastal development,
fostering environmental sustainability, and safeguarding both our communities and
the natural beauty of our coast.
MODL Municipal Planning Strategy | Page 31
These policies outline a framework addressing coastal flooding, erosion control, and
the preservation of sensitive coastal ecosystems. At its core, they are a commitment to
striking a harmonious balance between development and the natural environment. By
guiding responsible land use and incorporating climate change resilience, these
policies are in place to safeguard human developments from the coast and, equally
crucial, to protect the coast from the adverse impacts of human development. These
policies signify Council's commitment to the well-being of our communities and the
preservation of the unique ecological diversity inherent to our coastal region.
Considering these issues, the following general policies regarding coastal protection
are as follows:
5.4.1
Council will build public awareness about coastal flooding, erosion issues, the
protection of coastal ecosystems, and the regulations intended to deal with
them. Council will also promote utilizing natural-based solutions such as
vegetative buffers and living shorelines.
5.4.2
Council will conduct periodic reviews of the coastal protection regulations
outlined in the Land Use By-law every five (5) years, with a commitment to
updating them in alignment with the most current information on erosion and
climate change models and projections.
5.4.3
Coastal protection policies generally apply to areas along the coastline, as
shown in Map 2, Designated Coastal Protection Area. The Municipal-Wide
Land Use By-law will also include boundaries of areas requiring development
permits and where specific coastal protection regulations apply.
5.5 Coastal Flooding
The Municipality of the District of Lunenburg is facing sea level rise, erosion, and the
loss of sensitive ecosystems along its coastline. If measures to combat the effects of
climate change are not put in place, local sea levels are projected to rise by 1.57
metres by the year 2100. When combined with a significant storm surge and Higher
High Water Large Tides, areas with elevations of up to 3.97 metres could be
periodically inundated with sea water. New development along the coast must
consider the risks associated with climate change, and existing structures below the
Higher High Water Large Tide must be prepared to either adapt or retreat from the
coast over time.
Of particular concern in MODL are dense coastal communities, where a substantial
amount of existing development lies within areas known to be at risk of the effects of
sea level rise and climate change. Implementing policies and strategies to regulate
development along the coast is vital to ensure the resilience and sustainability of
MODL Municipal Planning Strategy | Page 32
MODL's coastal communities. These policies outline key actions that will help manage
the risks imposed by rising sea levels and protect current and future development in
the face of climate change uncertainties.
Policy Objectives:
-
To reduce the risk and impact of coastal flooding on communities.
-
To effectively manage land use and development along the coast.
-
To safeguard public health, safety, and welfare by minimizing exposure to coastal
inundation and storm surge risks.
-
To promote sustainable land use practices that consider the long-term resilience
of the community in the face of rising sea levels and increased storm events.
-
To balance economic and environmental sustainability.
5.6 Coastal Flood Area Policies
The Flood Risk Area delineates areas along the coastline which are most at risk of
coastal flooding due to tide levels, sea level rise and storm surges. It shows areas that
may be either permanently or temporarily inundated by water by the year 2100.
Policies that apply to these areas are designed to help safeguard residents and
developments from the risks posed by coastal flooding. The following policies apply to
this area:
5.6.1
The Municipal-Wide Land Use Bylaw will include a Coastal Flood Risk Area to
protect development from flooding in areas that are projected to be
vulnerable to flooding by 2100.
5.6.2
Council, through the Municipal-Wide Land Use Bylaw, will prohibit the
construction of habitable floor space below an elevation of 3.97 metres with
reference to the Canadian Geodetic Vertical Datum of 2013.
5.6.3
Council recognizes the critical importance of safeguarding vulnerable
communities and will protect them from the threats of flooding and potential
emergency evacuations by prohibiting institutional uses within the Coastal
Flood Risk Area, regardless of elevation.
5.6.4
Within the Municipal-Wide Land Use Bylaw, Council will grant exemptions for
non-habitable accessory structures and marine related uses.
5.6.5
Despite Section 5.6.2, Council will, through the Land Use Bylaw, authorize
non-conforming structures to undergo renovations, rebuilding, or relocation.
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5.6.6
Despite Section 5.6.2, Council may, through the Land Use Bylaw, authorize
limited additions to non-conforming structures that do not meet the elevation
requirements.
5.6.7
Council, through the Land Use By-law, may grant property owners the
authority to relocate existing developments, so long as the relocation does
not reduce the elevation requirement, by relaxing development standards,
including property lines setbacks.
5.7 Coastal Erosion
Coastal shoreline erosion is an inherent and continuous process, that can pose adverse
impacts on shoreline developments. The extent of erosion within the Municipality
varies along the coastline due to distinct surficial geological conditions and differing
exposure levels to wind, waves, runoff and storm events. Erosion rates range from as
high as 0.7 metres per year in some areas to a much slower pace in others.
Consequently, certain erosion control methods, like seawalls, can contribute to
adverse environmental effects, disrupting natural coastal processes, reducing marine
life habitat, and exacerbating erosion in neighbouring areas.
Recognizing these challenges, Council acknowledges the wealth of academic research
supporting natural-based solutions for erosion mitigation. These solutions include
initiatives such as coastal salt marsh restoration and the creation of 'living shorelines.'
These strategies employ grading techniques and meticulous vegetation selection to
provide adequate stabilization.
Council will implement land use controls governing shoreline development in response
to erosion risk concerns. These regulations involve the establishment of a Coastal
Erosion Risk Area and Vegetative Buffers. These measures aim to safeguard
development and human life from potential erosion threats while preserving the
natural environment from harmful human development.
Policy Objectives:
-
To safeguard human health, safety, and welfare by minimizing the risks to public
safety associated with coastal erosion.
-
To effectively manage development along the coast.
-
To preserve and protect coastal ecosystems by implementing measures to
mitigate the impact of human development.
MODL Municipal Planning Strategy | Page 34
-
To increase public awareness on the options that exist for reducing erosion on
their property.
-
To increase public awareness and understanding of the benefits of soft barriers
such as living shorelines.
5.8 Coastal Erosion Risk Area Policies
The Coastal Erosion Risk Area represents an area within 30 horizontal metres from the
coast. This area is designed to safeguard properties within the structure's lifetime from
risks associated with erosion and preserve coastal ecosystems. It is designed as an
overlay approach where some areas experience higher or lower erosion rates. The
following policies apply to this area:
5.8.1
Council, through the Municipal-Wide Land Use Bylaw, will establish a Coastal
Erosion Risk Area and prohibit development within a 30-metre area along the
coastal shoreline.
5.8.2
Despite Section 5.8.1 the Municipal-Wide Land Use By-law will include
exemptions for non-habitable accessory and marine related uses.
5.8.3
Through the Municipal-Wide Land Use Bylaw, Council will establish a
structured process that allows property owners seeking to build within the
Coastal Erosion Risk Area, the ability to submit a site-specific erosion study
conducted by a qualified professional. The study must demonstrate that
building within the Erosion Risk Area does not pose any hazards to the
proposed development.
5.8.4
Under the provisions outlined in the Municipal-Wide Land Use Bylaw, Council
will authorize property owners with existing structures to undertake
expansions that extend beyond their current footprints, provided such
expansions are situated away from the Coastal Erosion Risk Area.
(a)
Despite Section 5.8.1 additions to existing structures within the Erosion
Risk Area that consist of habitable space and which are proposed to be
closer to the coastal shoreline will require a study done by a qualified
professional in line with the requirements outlined in Section 5.8.3
5.8.5
The Municipal-Wide Land Use By-law will include regulations allowing
flexibility in certain lot requirements for property owners to relocate existing
structures away from eroding banks on undersized lots and improve
compliance with buffer requirements when moving existing buildings.
5.9 Vegetative Buffer Area Policies
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The Vegetative Buffer represents a strip of land situated between the edge of the
coastline and areas further inland that is intended to serve as a naturalized buffer that
protects the natural functions of the coast and shoreline from potential impacts of
development. This area is important because it helps prevent erosion along the coast,
filters run-off and provides key habitat for wildlife. The following policies apply to this
area:
5.9.1
Through the Land Use Bylaw, Council will require a 15-metre Vegetative
Buffer to help mitigate erosion, reduce flood risk, and safeguard sensitive
coastal ecosystems.
5.9.2
Despite Section 5.9.1 the Municipal-Wide Land Use By-law will allow a portion
of the vegetative buffer to be cleared to provide water views, water access
and accessory use provisions.
5.9.3
Despite Section 5.9.1 the Municipal-Wide Land Use By-law will specify certain
marine-related uses that require direct access to the coastline and which are
exempt from the buffer requirements.
5.10 Sensitive Coastal Ecosystems
Sensitive Coastal Ecosystems form an interdependent and intricate system, including
salt marshes, dunes, and beaches. Their sensitivity to development pressure is notable,
as they collectively contribute to a multifaceted ecosystem. These environments
provide essential functions such as coastal protection and serve as habitats for diverse
plant and animal species. However, human actions like development can disrupt
wetland habitats and hinder their crucial ecological roles.
Policy Objectives:
-
To protect existing coastal ecosystems such as wetlands, dunes, and beaches from
disruption caused by development.
-
To encourage the maintenance of vegetation along the coast to help prevent
erosion and avoid disrupting coastal ecosystems.
-
To increase public awareness around the importance of coastal ecosystems to
biodiversity and our natural landscape and ways to protect them.
As it relates to the protection of beaches and dunes, the following general policy
applies:
5.10.1 Council recognizes the invaluable role that ecosystems, including beaches and
dunes, play in ensuring the health and well-being of our coastline. The
regulations addressing flooding and erosion mitigation are recognized as
MODL Municipal Planning Strategy | Page 36
helping to safeguard these sensitive coastal environments by directing
development away from the coast.
5.11 Coastal Wetland Protection Policies
The Sensitive Coastal Ecosystems policies pertain to coastal wetlands have been
primarily identified by the province. These policies aim to protect and conserve these
areas from the negative impacts of development through prohibiting development
within the wetlands and extending the prohibition to areas surrounding the wetlands
by employing a vegetative buffer. The vegetative buffer is intended to help with
filtration of contaminates and provide crucial habitat for wildlife and aquatic life. The
following policies apply to this area:
5.11.1 Through the Municipal-Wide Land Use By-law, coastal wetlands will be
recognized in a Development Constraints Map which is based on the
provincial Wetlands, Vegetation and Classification Inventory map.
5.11.2 Under the provisions outlined in the Municipal-Wide Land Use Bylaw, Council
will establish a 30-metre horizontal development setback and vegetative
buffer around identified coastal wetlands in the Development Constraints
Map to safeguard wetlands from the impacts of development.
5.11.3 Council acknowledges there are potential inaccuracies in the provincial
mapping. Property owners may request revisions to the Development
Constraints Map by submitting a study conducted by a qualified professional,
with the purpose of either incorporating or excluding specific wetland areas
from the map.
(a)
The Municipality may require confirmation from the Department of
Environment and Climate Change prior to accepting changes to wetland
protection boundaries shown on the Development Constraints Map.
5.11.4 At its sole discretion, Council may enhance the Development Constraints Map
by including additional wetlands that have been properly documented by
qualified professionals. This may be achieved through accepting
documentation provided or collaborating with environmental organizations to
obtain wetland delineation documentation.
5.11.5 Council will foster collaboration and partnerships with environmental groups
and organizations to aid in facilitating scientifical knowledge pertaining
coastal ecosystems and thereby therefore promoting an understanding of
coastal ecosystems and encouraging informed decisions for their conservation
and effective management.
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6.
Implementation
6.1 Development Agreements
A development agreement is a binding legal agreement between the Municipality and
a property owner that can address specific details regarding the design and use of a
proposed development.
6.1.1
Council will consider entering into a new development agreement where such
an agreement is enabled by policies elsewhere in this Plan. Where Council
approves a development agreement, the development agreement will:
(a)
Specify the development, expansion, alteration, or change permitted;
(b)
Specify the conditions under which the development may occur; and
(c)
Set terms by which Council may amend or terminate and discharge the
agreement.
6.1.2
Council will not approve or amend a development agreement unless Council is
satisfied the proposed agreement is consistent with the enabling policy and
the general criteria set out in Policy 6.3.
6.2 Content of a Development Agreement
6.2.1
Council may specify conditions in the Development Agreement to meet the
enabling and general criteria outlined in Policy 6.3. These conditions may
include but are not limited to controls regarding:
(a)
Adequacy of street networks, site access, and emergency evacuation;
(b)
Adequacy of services such as water and sewer;
(c)
Access of emergency vehicles;
(d)
Stormwater management;
(e)
Grading and erosion control;
(f)
The phasing of a development;
(g)
Time limits for the initiation and/or completion of development;
(h)
Availability of a safe water supply;
(i)
The suitability of the site in relation to environmental impact; and
(j)
All other matters enabled in Section 227 of the Municipal Government
Act.
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6.3 General Evaluation Criteria of a Development Agreement
6.3.1
Council will not approve a development agreement unless Council is satisfied
the proposal:
(a)
Is consistent with the intent of this Municipal Planning Strategy;
(b)
Does not conflict with any Municipal or Provincial programs, bylaws, or
regulations in effect in the Municipality;
(c)
Is not premature or inappropriate due to:
(i)
Impacts on existing drinking water supplies, both private and
public;
(ii)
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;
(iii) The creation of excessive traffic hazards or congestion on road,
cycling, and pedestrian networks within, adjacent to, or leading to
the proposal;
(iv) The adequacy of fire protection services and equipment;
(v)
Impacts on known habitat for species at risk;
(vi) The potential to create flooding or serious drainage issues,
including within the proposal site and in nearby areas; and
(vii) 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.
6.4 Specific Evaluation Criteria of a Development Agreement
6.4.1
Council may require, in addition to any other required information, any or all
the following information, prepared by an appropriate qualified professional
at the applicant's cost, and at a level sufficiently detailed to determine
whether the criteria for adopting a development agreement have been met.
(a)
A detailed plot plan showing features such as, but not limited to:
MODL Municipal Planning Strategy | Page 39
(i)
The layout of the site and associated wastewater systems in
accordance with Nova Scotia Environment's on-site sewage
technical guidelines;
(ii)
Location and dimensions of existing and proposed road, bicycle,
and pedestrian networks;
(iii) The location of dedicated green space, including open space and
amenities;
(b)
A hydrogeological assessment in accordance with the guidelines set out
in Nova Scotia Environment's groundwater assessment standards;
(c)
An environmental impact study identifying the potential impact and
recommended mitigation measure for wetlands, natural habitats, or
species at risk;
(d)
Access for emergency vehicles; and
(e)
Any other matters enabled in Section 227 of the Municipal Government
Act.
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Attachments
Map 1: Secondary Plan Areas
Map 2: Designated Coastal Protection Area
Map 3: Municipal-Wide Land Use