1972 JANUARY SESSION - BY-LAW NO. 35
BE IT RESOLVED that the following be and the same is hereby adopted and enacted as a By-law of Halifax County Municipality when and if the same has received the approval of the Minister of Municipal Affairs, and that the Municipal Clerk be and he is hereby instructed to forward the same to the Minister and request his approval hereof.
THE PLANNED UNIT DEVELOPMENT BY-LAW
1. This By-Law shall be known as and may be cited as the "Planned Unit Development By-Law".
2. In this By-Law, unless the context otherwise requires:
(a) "Clerk" means the Clerk of the Municipality;
(b) "Council" means the Council of the Municipality;
(c) "Municipality" means Halifax County Municipality.
3. In this By-Law unless the context otherwise indicates "development" means a change in the use of land, building or structure and includes the carrying out of a building, engineering, construction or other operation in, over or under the land and the construction or alteration of any building or structure or part thereof, except
(i) the carrying out of works for the maintenance or alteration of any building, not being a structural alteration, and
3. (ii) the carrying out of works for the purpose of inspecting, repairing or renewing sewers, water mains, pipes, cables or other apparatus, including the breaking open of a road or street or other land for such purpose.
4. Council may approve or amend development schemes which confirm to the Official Plan of the Municipality and which cover an area owned by the applicant of not less than ten acres.
5. Council may approve or amend development schemes which cover not less than five acres for the purpose of making such schemes a part of the Official Plan of the Municipality. (Passed May 20, 1975, Approved May 29, 1975).
6. Before approving or amending a development scheme Council shall consider:
(a) the suitability and inter-relation of the uses to be made of the buildings to be constructed under the scheme;
(b) the adequacy of proposed collector and arterial streets and pedestrian walkways;
(c) the adequacy of open space, playground and recreational areas;
(d) the proposed population density and its effect on the development scheme and on the surrounding area;
(e) the efficiency of water, sanitary and storm sewer patterns and their costs;
(f) access to transit services;
(g) the choice of activities available to residents of the development scheme;
(h) the availability of educational services;
(i) the provision of fire and other property protection services;
(j) the quality of architectural design; and
(k) the preservation and use of the natural beauty of the area.
7. (1) Before the Council approves or amends a development scheme under this By-Law; notice shall be given of a public hearing for the meeting at which Council is to consider approving or amending the development scheme.
(2) The notice shall be given by not less than two insertions, at least six days apart, in a newspaper circulating in the area and the first insertion shall be published at least three weeks before the meeting of Council.
(3) The owner of the area covered by the development scheme may be required to deposit with the Clerk an amount estimated by him to be sufficient to pay the cost of the advertising required by this By-Law. After the advertising has been completed the owner shall pay to the Clerk any additional amount required to defray the cost of the advertising, or, if there is a surplus, the Clerk shall refund the same to the owner.
8. Approval by Council pursuant to Section 4 of this By-Law shall only be granted subject to the condition that the registered owner of the land upon which the development is to occur shall enter into an agreement with the Municipality containing such terms and conditions as the Council may direct, and the agreement shall be supported by a bond or other satisfactory security, sufficient in amount to ensure the performance of the agreement by the owner of the land.
9. Unless otherwise provided in the agreement between the owner and the Municipality, the subdivision regulations of the Municipality shall apply to the development scheme.
10. The agreement or development scheme under Section 5 of this By-Law may define the uses permitted in the development area which may not be altered without an amendment according to the provisions of this By-Law. It shall be an offence to alter the uses defined in any agreement or development scheme other than by amendment to the agreement or development scheme.
11. Where the enforcement of the provisions of an agreement under this By-Law or a development scheme approved by Council under Section 5 of this By- Law will cause undue hardship or have a deleterious affect on the development of the area or when the exception to the Regulations is very minor, the Council on recommendation of the development officer, may grant a variation of or an exception to the application of the provision of the agreement, or the provisions of the development scheme approved under Section 5 hereof.
12. Any agreement under this By-Law or any development scheme under Section 5 of this By-Law shall be recorded at the Office of the Registrar of Deeds at Halifax.
13. There shall be an appeal to the Provincial Planning Appeal Board by any interested party from any decision of Council under this By-Law; provided that such appeal is asserted within thirty days. The provisions of the Planning Act shall apply mutatis mutandis to any such appeal. (Amendment Approved January 12, 1973).
14. Where there is any conflict between the provisions of this By-Law or any development scheme approved of or agreement entered into under it and the Planning Act, Zoning By-Law, Building By-Law or Subdivision Regulations of the Municipality, the provisions of this By-Law or of such development scheme or agreement shall prevail except in regard to the provisions relating to non-conforming use.
15. Where a development scheme has been approved by Council and has been recorded at the Office of the Registrar of Deeds at Halifax, it shall be an offence to change the use of the land as defined in the agreement or the development scheme has been amended to allow for such change in use.
16. (1) Before approving a development scheme under this By-Law the applicant shall reserve and deed to the Municipality or its nominee, for park, playground and public purposes, other than streets or easements, ten percent (10%) of the land area covered by the development scheme.
(2) Council may in its discretion accept money in lieu of land reserved for park, playground and public purposes under this By-Law, but such money shall be set aside in a reserve and used for park purposes only.
THIS IS TO CERTIFY that the By-Law of which the foregoing is a true copy was duly passed at a duly called meeting of the Municipal Council of Halifax County Municipality duly held on the 15th day of August A.D. 1972.
GIVEN under the hand of the Municipal Clerk and under the corporate seal of the said Municipality this 17th day of August A.D. 1972.
R.G. Hattie (sgd.)
DEPARTMENT OF MUNICIPAL AFFAIRS
Recommended for approval of the Minister
(sgd) F. Robertson
APPROVED this 12th day of January 1973.
(sgd) J.F. Mooney
Minister of Municipal Affairs