Some Thoughts on Planning By-Laws

In last week’s Inverness Oran, April MacDonald wrote about a significant issue that should concern everyone living in Nova Scotia — municipal by-laws, more specifically, municipal by-laws concerning agricultural land and land use.

Many people are unaware of the by-laws that need to be created because things are changing in our world and we need to keep pace with those changes, but the subject should have moved to the top of municipal councils’ lists when they were served notice by the Province of Nova Scotia over a year ago that ALL municipal units must have planning strategies in place. The mandatory planning requirement is in Bill 58 of the Nova Scotia legislature and “the intent is not so much to update by-laws but rather to add by-laws to areas where there are none.” A quick review of the Municipality of Inverness County by-laws will confirm how lean they are, especially compared to other, larger, municipalities such as the CBRM or HRM.

Nova Scotia Bill No. 58

The question that immediately arises is: how are citizens of the municipality to voice their opinions if this has not been publicized widely and often? It will be extremely tough for citizens to identify potential by-laws, then research them, discuss them and make proposals to council within the timeframe imposed by Municipal Affairs (according to MacDonald’s article, it’s a four-year period of which three remain.) One positive note: now that county councilors are well versed in Zoom calls, it should be possible for this consultation process to begin in earnest.

Creating new by-laws necessitates public meetings. Zoom is a great platform for this and we know it can accommodate hundreds of people so public attendance would not be a technical issue. Zoom or other similar platforms save time, money and fuel but virtual meetings still need to be arranged and advertised to garner public participation. Wouldn’t it be great if the council conducted a survey on the topic (ahead of time) that could be accessed online as well as in written form?

The following is a short list of subjects that citizens of all Nova Scotia municipalities should ask their councils to consider:

 

Waterfront land and RV parks

Waterfront land is viewed as more valuable than properties further back from the shore (all other variables being equal). The question then arises about appropriate land use in those locations. Should waterfront property be available for recreation vehicle (RV) park development or should it be reserved for permanent housing? What are the other considerations regarding RV parks that should be thought about? When a single home is built on the waterfront, there is a certain amount of consideration given to water source/accessibility and sewage disposal. An RV park/campground would use a great deal more water and produce monumentally more sewage than a single-family dwelling. To my mind, the sewage and water issues alone should make the by-law decision a very easy one.

The visual component regarding RV parks/campgrounds also needs to be considered. Is the sight of recreation vehicles right beside the world famous Cabot Trail or the Trans Canada Highway an attraction or a detraction? How does an RV park affect clean water access and utilization for others using the same aquifer? How does it affect garbage disposal, noise by-laws or open-fire safety? In many municipalities RV parks/campgrounds must be set back from a main road and/or situated in areas sheltered by trees/other visual barriers.

 

Blue Dot Declaration

The Inverness County Council was the first in Unama’ki (Cape Breton Island) to pass the Blue Dot Movement Declaration on 7 March 2016. CBRM officially passed their Blue Dot Movement Declaration on 5 November 2018 and included the Collaborative Environmental Planning Initiative (CEPI) as an integral part of the declaration. Port Hawkesbury Municipal Council was presented with the Blue Dot declaration on 5 September 2017 but has still NOT passed it to this day.

The famous NASA image of the earth from space which gave the Blue Dot movement its name. (Source: Blue Dot http://bluedot.ca/)

The famous NASA image of the earth from space which gave the Blue Dot movement its name. (Source: Blue Dot)

The Blue Dot Movement Declaration is based on the premise that:

Everyone has the right to live in a healthy environment, including the right to: breathe clean air; drink and access clean water; eat safe and healthy food; access nature; know about pollutants and contaminants released into the local environment; and participate in decision-making that will affect the environment.

It seems to me that this concept is more and more important since the effects of climate change are glaringly obvious and will continue to ramp up for generations to come. Having politicians acknowledge the importance of environmental and social justice issues and put it in writing is critical for all of us to move forward as a society.

 

Electric cars

Providing by-laws that encourage green energy development is key for tourist areas like Unama’ki. Electric vehicle recharging stations are NOT reasonable at gas stations because of the amount of time it takes to charge these vehicles. These stations should be at locations where owners are able to use their time wisely, doing other things as they recharge their vehicles. It makes a great deal more sense (intelligent design once again) to locate them at restaurants, motels, hotels, bed and breakfasts, shopping plazas and the like.

An BMW i3 electric vehice is being charged at a charging station in Hungary

An BMW i3 electric vehicle is being charged at a charging station in Hungary (Photo by Albert Lugosi, CC BY 2.0, via Wikimedia Commons)

 

Regulating Airbnbs

Airbnbs are a concern for people all across Canada for a variety of reasons and this issue is one that Inverness County Council could address with new by-laws. Airbnb owners are getting away with paying tax and utility rates that apply to local residents rather than commercial businesses. Most municipalities across Canada have realized Airbnbs are also operating under reduced or non-existent safety/fire regulations compared to motels, hotels or registered traditional bed and breakfasts, which makes for a very unequal playing field. Many municipalities have implemented by-laws that allow homeowners to rent out only a portion of their primary residence. Because of their business model, Airbnbs have been responsible for removing properties from the available housing market and that is a significant concern when it comes to people looking for affordable housing, especially in more rural areas.

 

Anti-Idling

The Indigenous rights group has already claimed “Idle no More” as its name, but the phrase could also apply in the context of the environmental movement. People who leave their vehicles idling while they go into the pharmacy, Post Office, grocery store, hospital, nursing station or other locations demonstrate that they care more about their own comfort and convenience than they do about the environmental impact of their actions. There are 67 municipalities across Canada that have anti-idling bylaws and that number is rising every year. I believe we should have that by-law across Canada, but a good place to start would be here, in every county in Nova Scotia.

A version of this article first appeared in the Inverness Oran.

 

Paul Strome

Paul Strome worked 12 years as an educator in the Northwest Territories/Nunavut where he experienced the culture, language and geographic parameters of Indigenous people. He has petitioned the government at every opportunity to bring about the United Nations Declaration of the Rights of Indigenous People. As an elder and David Suzuki Ambassador he has championed the Blue Dot Movement in Unama’ki (Cape Breton) and in recent years was the Atlantic regional representative for the Council of Canadians.