Halifax Regional Municipality Charter (amended)

BILL NO. 160

(as introduced)

4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012

Government Bill

Halifax Regional Municipality Charter
(amended)

The Honourable John MacDonell
Minister of Service Nova Scotia and Municipal Relations

First Reading: December 5, 2012

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill amends the Halifax Regional Municipality Charter to

(a) permit incentive or bonus zoning agreements in the central area of the Halifax Regional Municipality on both sides of Halifax Harbour;

(b) authorize the Minister to make regulations respecting public consultation prior to site-plan approvals in the central area of the Municipality, including the existing HRM by Design Downtown Plan Area; and

(c) authorize the Municipality to accept money in lieu of contributions for incentive or bonus zoning in the central area of the Municipality, including the existing HRM by Design Downtown Plan Area.

An Act to Amend Chapter 39
of the Acts of 2008,
the Halifax Regional Municipality Charter

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, as enacted by Chapter 41 of the Acts of 2008, is amended by

(a) adding immediately after clause (aj) the following clause:

(aja) "HRM by Design Downtown Plan Area" means the area delineated in the map in Schedule B;

and

(b) adding immediately after clause (ba) the following clause::

(baa) "Regional Centre" means the area delineated in the map in Schedule C, excluding the HRM by Design Downtown Plan Area;

2 Subsection 31A(1) of Chapter 39, as enacted by Chapter 41 of the Acts of 2008, is amended by adding "and the Regional Centre" immediately after "Area" in the second line.

3 Clause 209(fa) of Chapter 39 is repealed.

4 (1) Clause 235(5)(k) of Chapter 39, as amended by Chapter 41 of the Acts of 2008 and Chapter 16 of the Acts of 2009, is further amended by adding "and the Regional Centre" immediately after "Area".

(2) Section 235, as amended by Chapter 41 of the Acts of 2008, Chapter 16 of the Acts of 2009 and Chapter 16 of the Acts of 2010, is further amended by adding immediately after subsection (5) the following subsection:

(6) Where the land-use by-law provides for incentive or bonus zoning within the Regional Centre, the land-use by-law must require the inclusion of affordable housing in a development, as the contribution for any incentive or bonus zoning applicable to the development.

5 (1) Subsection 245A(1) of Chapter 39, as enacted by Chapter 41 of the Acts of 2008 and amended by Chapter 16 of the Acts of 2009, is further amended by adding "and the Regional Centre" immediately after "Area" in the third line.

(2) Section 245A, as enacted by Chapter 41 of the Acts of 2008 and amended by Chapter 16 of the Acts of 2009, is further amended by adding immediately after subsection (3) the following subsection:

(4) Where the land-use by-law provides for incentive or bonus zoning within the Regional Centre, the land-use by-law must require the inclusion of affordable housing in a development, as the contribution for any incentive or bonus zoning provided for in a development agreement.

(5) Notwithstanding subsection (4), the land-use by-law may provide that the Council may accept money instead of a contribution under this Section.

(6) The Municipality shall use any money accepted under subsection (5) for the purpose for which the money was accepted instead of a contribution.

6 (1) Clause 246(1)(h) of Chapter 39, as enacted by Chapter 41 of the Acts of 2008 and amended by Chapter 16 of the Acts of 2009, is further amended by adding "and the Regional Centre" immediately after "Area" in the second line.

(2) Clause 246(3)(l) of Chapter 39, as amended by Chapter 41 of the Acts of 2008 and Chapter 16 of the Acts of 2009, is further amended by adding "and the Regional Centre" immediately after "Area".

7 (1) Subsection 246A(1) of Chapter 39, as enacted by Chapter 41 of the Acts of 2008 and amended by Chapter 16 of the Acts of 2009, is further amended by

(a) striking out "a design review committee" in the first and second lines and substituting "one or more design review committees"; and

(b) adding "and the Regional Centre" immediately after "Area" in the second line.

(2) Section 246A of Chapter 39, as enacted by Chapter 41 of the Acts of 2008 and amended by Chapter 16 of the Acts of 2009, is further amended by adding immediately after subsection (6) the following subsection:

(6A) The results of all public consultation pursuant to clause 246(1)(h) or regulations made pursuant to clause 383(1)(ab) must be submitted to and considered by the design review committee.

8 Subsection 247(7) of Chapter 39, as enacted by Chapter 41 of the Acts of 2008 and amended by Chapter 16 of the Acts of 2009, is further amended by adding "and the Regional Centre" immediately after "Area".

9 Clause 250(2)(d) of Chapter 39, as amended by Chapter 41 of the Acts of 2008 and Chapter 16 of the Acts of 2009, is further amended by adding "and the Regional Centre" immediately after "Area".

10 Subsection 383(1) of Chapter 39 is amended by adding immediately after clause (a) the following clauses:

(aa) respecting the nature and extent of affordable housing to be required by subsections 235(6) and 245A(4);

(ab) with respect to the HRM by Design Downtown Plan Area or the Regional Centre, prescribing additional requirements for public consultation that must take place prior to an application for site-plan approval being submitted to the Municipality ;

11 Chapter 39 is further amended by adding immediately after Schedule B the following Schedule:

SCHEDULE C

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2012 Crown in right of Nova Scotia. Created December 5, 2012. Send comments to legc.office@novascotia.ca.

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