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SUBDIVISION BYLAW
APPROVED BY COUNCIL: July 25, 2024
EFFECTIVE: July 31, 2024
Contents
Part 1: Authority and Administration ........................................................................ 3
Part 2: Definitions ........................................................................................................ 3
Part 3: General Provisions .......................................................................................... 5
Application Requirements ..................................................................................... 5
Lot Requirements .................................................................................................... 6
Part 4: Municipal Streets and Services .................................................................... 6
Servicing Agreement............................................................................................... 6
Provision of Municipal Services ............................................................................. 7
Construction of Services ........................................................................................ 8
Maintenance and Obligations................................................................................ 9
Part 5: Public Open Space ........................................................................................ 10
Recreation Space Requirements ........................................................................ 10
Part 6: Tentative Plans of Subdivision..................................................................... 11
Tentative Plan Requirements ............................................................................... 11
Procedures ............................................................................................................... 12
Part 7: Final Plans of Subdivision ............................................................................. 13
Final Plan Requirements ........................................................................................ 13
Procedures .............................................................. Error! Bookmark not defined.
Part 8: Repeal of Subdivision....................................................................................16
Part 9: Repeal of Bylaw ............................................................................................. 17
3
Part 1: Authority and Administration
1. This bylaw is enacted under the authority of the Province of Nova Scotia
Municipal Government Act S.N.S 1998, ch. 18 s. 271-274 or its successor.
2. This bylaw shall apply to the whole of the Town of Mahone Bay.
3. This bylaw shall be administered by a Municipal Development Officer of the
Town appointed under the authority of the Municipal Government Act. In the
absence or incapacity of a Development Officer, Council will appoint an acting
Development Officer.
4. The Metric System is used throughout this bylaw. Measurements and
conversions from Imperial Measurements to Metric Measurements will be
rounded to two decimal places.
Part 2: Definitions
5. In this bylaw:
a. Act means the Municipal Government Act
b. Area of Land means any existing lot or parcel as described by its
boundaries, except in Section 13
c. Council means the Council of the Town of Mahone Bay
d. Development Officer means a person or persons appointed by
Council with the authority to administer this bylaw in accordance
with the Municipal Government Act
e. Equivalent Value means cash or facilities
f. Frontage means the lot frontage on a public street and shall be
measured the same as required in the Land Use Bylaw
g. Land Use Bylaw means the Town of Mahone Bay Land Use Bylaw
h. Lot means any parcel to be created by the filing of a plan of
subdivision or remaining as a result of subdivision
i. Main Building means a building which is not an accessory building to
another building on the lot.
j. Main Lot means the original lot prior to subdivision
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k. Municipal Planning Strategy means the Town of Mahone Bay
Municipal Planning Strategy
l. Municipal Specifications means the Town of Mahone Bay Municipal
Standards and Specifications as adopted by Council
m. Professional Engineer means a registered member, in good standing,
of the Association of Professional Engineers of Nova Scotia who holds
appropriate professional liability insurance
n. Proposed lot means any lot being proposed to be created by a plan of
subdivision
o. Province means His Majesty the King in right of the Province of Nova
Scotia
p. Public Street means any Street, Road, or Lane owned and maintained
by the Town and for clarity encompasses the entirety of the right-of-
way including any active transportation infrastructure
q. Registry of deeds means the office of the registrar of deeds for the
registration district in which the area of land being subdivided is
situated
r. Remainder Lot means a lot for which approval is not requested or
granted by results from the approval of lots shown in a plan of
subdivision
s. Subdivider means the owner of the area of land proposed to be
subdivided and includes anyone acting with the owner's written
consent
t. 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
u. Town means the Town of Mahone Bay
v. Town Engineer means the engineer of the Town, which may be a staff
person or a contractor, and includes a person acting under the
supervision and direction of the engineer
w. Traffic Authority means the Traffic Authority appointed by the
Mahone Bay Town Council
x. Useable Land means land meeting the following criteria:
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i. Frontage meets requirements established in the Land Use
Bylaw
ii. Minimum lot area meets requirements established in the Land
Use Bylaw
iii. Not located below a vertical elevation of 3.5 metres, relative to
the Canadian Geodetic Vertical Datum of 2013
iv. Is not subject to any known environmental contamination
v. Must be free of wetland areas or areas covered by water
vi. Must be free from species at risk or they habitats
Part 3: General Provisions
Application Requirements
6. Application for approval of a plan of subdivision shall be made to the
Development Officer.
7. The subdivider shall pay the following fees at the time of application:
a. Any fees imposed by the Nova Scotia Costs and Fees Act and its
regulations for filing the approved final plan of subdivision and
registering a notice of approval of the plan
b. Any processing fees set by the Town
Where the Development Officer refuses to approve a final plan of
subdivision, the Development Officer shall return the fees to the subdivider.
8. Before approving a final plan of subdivision that adds or consolidates parcels
or areas of land in different ownerships, the Development Officer shall be
provided with:
a. The executed deeds suitable for registering to allow for the addition
or consolidation
b. The fees for registering the deeds
c. The affidavit of value including particulars of any exemption, if any, as
required by Part V of the Act
d. Where applicable, the deed transfer tax
e. All completed forms required under the Land Registration Act to
record documents at the Registry of Deeds
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Lot Requirements
9. All lots shall front on a public street excepting those situations permitted
pursuant to the Land Use By-law. Where a plan of subdivision shows a
proposed lot abutting an existing public street, the Traffic Authority shall verify
that the street is a public street.
10. All lots shall meet the applicable requirements contained in the Land Use
Bylaw.
11. Sections 11, 12, and 13 do not apply unless the Land Use Bylaw permits
development on any lot created as allowed by these sections and the
Municipal Planning Strategy provides for both the subdivision and
development of such lots.
12. Despite the lot size and frontage rules in Section 9, the Development Officer
can approve up to two lots on a subdivision plan, provided that the lot
dimensions and area are not less than ninety per cent of the required
minimums established by the Land Use Bylaw and all other requirements of
this bylaw are followed.
13. Despite Section 8 and the lot size and frontage requirements of Section 9, the
Development Officer can approve a subdivision that changes the boundaries
of two or more pieces of land if:
a. No additional lots are created
b. Each resulting lot
i.
Meets the minimum frontage dimensions required by the Land
Use Bylaw, or its frontage has not been reduced
ii.
Meets the minimum area requirements of the Land Use Bylaw,
or its area has not been reduced.
14. Despite the lot size and frontage requirements of Section 9, if a permanent
structure or driveway extends into a neighbouring area of land, the
Development Officer can approve a subdivision plan to the extent needed and
practical to eliminate the encroachment.
15. Lots shall not be subdivided to create a width or depth less than 6 metres.
Part 4: Municipal Streets and Services
Servicing Agreement
16. Where a proposed subdivision involves the construction of new or extension of
a public street or services, the subdivider shall, before endorsement of
approval on the final plan is given, enter into a written Servicing Agreement
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with the Town which shall contain provisions for the complete construction
and acceptance for streets, water systems, wastewater systems, and storm
drainage systems, satisfactory to the Town with respect to any or all of the
following:
a. The time within which any construction of streets and services shall
be commenced and completed
b. The phasing of any construction of streets and services, including the
establishment of road reserves to connect new public streets to
adjacent lands that have the potential to be subdivided and
developed with future public streets, pursuant to the Municipal
Planning Strategy
c. The acceptance of any streets and services by the Town
d. The provision and acceptance of easements and right-of-ways
e. Cash for costs to be paid to the Town in advance of the Final
Subdivision Approval for the construction of streets and services to
be undertaken by the Town on behalf of the subdivider, or, where
construction is to be undertaken by the Owner, security acceptable
to the Town for 120% of the Town Engineer's estimate of the costs of
construction of any streets and services that have not been fully
constructed to the satisfaction of the Town Engineer by the date of
Final Subdivision Approval .
f. Any other matter related to the requirements of this Bylaw, Municipal
Planning Strategy, and Land Use Bylaw or Development Agreement
relative to the subdivision and servicing of land.
Provision of Municipal Services
17. In instances where municipal water, wastewater and stormwater services
extend to a main lot making that lot serviceable by these municipal services
the subdivider shall extend municipal services to any new resulting lots. If
these services are not located within a subdivided public street parcel the
subdivider is required to establish and transfer to the Town easements
necessary for the Town to operate and maintain services.
18. The Town may choose to extend any water and wastewater and stormwater
services to a main lot at the time of subdivision, either on request of the
subdivider or otherwise. If the Town chooses to extend the services, the
subdivider shall extend municipal services to any new resulting lots.
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19. In instances where municipal water services do not extend to a main lot and
the Town does not choose to extend them at the time of subdivision and
where two (2) or more lots are being serviced by a common water supply, the
subdivider shall design, lay out and construct a central water system to service
every proposed lot in conformance with the requirements of the Municipal
Specifications.
20. In instances where municipal wastewater services do not extend to a main
lot and the Town does not choose to extend them at the time of subdivision
and where two (2) or more lots are to be served by a common sewage system,
the subdivider shall design, layout and construct all central wastewater
systems to service each proposed lot in conformance with the requirements of
the service specifications.
21. Should a lot not have availability of municipal wastewater services, the lot shall
be large enough for on-site sewage disposal as determined by a qualified
person under the Nova Scotia On-site Sewage Disposal Regulations.
Construction of Services
22. All new infrastructure being constructed pursuant to this by-law, including
streets, water, wastewater and stormwater infrastructure, shall conform to
Municipal Specifications.
23. All proposed infrastructure shall be designed and constructed in accordance
with acceptable engineering practices and plans will be approved by the Town
Engineer prior to approval of the final plan of subdivision by the Development
Officer.
24. Subdivided public streets shall be deeded to the Town for future maintenance
of the street. Initial construction of the streets is the responsibility of the
subdivider unless the construction of the streets is to be undertaken by the
Town on behalf of the subdivider in accordance with the Servicing Agreement.
25. Subdivided public street parcels may be required to extend to the property
boundary to enable the establishment of road reserves in accordance with the
Servicing Agreement.
26. A proposed lot that borders a public street must have its access approved by
the Traffic Authority.
27. Unless the construction of the streets is to be undertaken by the Town on
behalf of the subdivider in accordance with the Servicing Agreement, before
the Development Officer approves the final plan of subdivision, the subdivider
shall provide a certificate from a professional engineer that certifies that the
public street has been constructed in compliance with the design and
construction requirements of the Servicing Agreement.
28. Unless otherwise provided for in the Servicing Agreement, the subdivider is
responsible for the following:
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a. Arranging for complete testing of the installation of a street at various
stages as required
b. Giving reasonable notice to the Town Engineer of the proposed test
date, site, and time
c. Allowing the Town Engineer to inspect the installation at any stage or
to verify or confirm any required test.
Maintenance and Obligations
29. After completing any required Town central water system, central sewage
system, or public street, and before the Town accepts it, the subdivider shall:
a. Post a maintenance bond equal to 10% of the construction cost of the
water or sewage system or street. The bond ensures the proper
operation of the system or road for 12 months following the date
when the Town granted final subdivision approval. At the end of the
12-month bond period, the Town Engineer will determine if there are
any deficiencies in the street or services constructed or installed by
the subdivider and will notify the subdivider in writing. If there are
deficiencies and the subdivider does not fix them, the Town will keep
all or part of the maintenance bond to address the deficiencies. The
Town Engineer's decision is final.
b. Provide digital and reproducible engineering record drawings for
each service system and road, stamped by a professional engineer
c. Provide "as built" digital and reproducible engineering design
drawings of the street including plan and profile of the streets
drawing to the required scale and certified by a professional engineer
d. Provide all operating and maintenance manuals for each system
e. Provide the results of all tests required by the Town to show proof
that the service system or street has been constructed and is
operating in accordance with Municipal Specifications
f. Provide all easements and land required for service systems to the
Town
g. Convey each service system and street are free from all deficiencies
or encumbrances.
h. Transfer to the Town title in fee simple to all plants, assets, and lands,
necessary to the operation of the public Streets, central water
systems and central wastewater systems together with easements
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sufficient for the maintenance of all services, public Streets and
Public Street drainage systems, such title and easements to be
conveyed free of encumbrances and at no cost to the Town.
Part 5: Public Open Space
Recreation Space Requirements
30. Prior to final approval on the final plan of subdivision, the subdivider shall
either:
a. Transfer to the town, free from encumbrances, for recreational use or
similar public purposes, an area of useable land within the area being
subdivided equal to 5 percent (5%) of the area of the lots to be
approved as shown on the final plan of subdivision exclusive of
streets, easements, and the residue of the land of the subdivider.
b. Where Council agrees, an area of usable land per subsection 30a
outside the area being subdivided but within Town boundaries in lieu
of the land in the subdivision may be transferred to the Town.
c. If the 5 percent (5%) area of land per subsection 30a is not equal to or
greater than the size of a developable lot, or otherwise as agreed to
by Council, provide the Town a sum of money equivalent to 5 percent
(5%) of the market value, as determined by an assessor of the lots to
be approved as shown on the final plan of subdivision, exclusive of
streets, easements, and in residue of the land of the subdivider.
d. Where Council agrees, provide the Town equivalent value in a manner
acceptable to the Town.
31. Section 30 shall not apply to the following:
a. Where requirements for parkland dedication are detailed in a
Development Agreement
b. The consolidation or re-subdivision of land where no additional lots
are created
c. The subdivision of a semi-detached dwelling
d. The subdivision of land owned by the Town
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Part 6: Tentative Plans of Subdivision
Tentative Plan Requirements
32. Prior to the provision of a tentative plan of subdivision to the Development
Officer in accordance with Section 33, a preliminary plan may be provided to
the Development Officer for evaluation. The preliminary plan may be used to
assist in the preparation of the tentative plan, enabling clarifications provided
by the Development Officer's preliminary evaluation to inform the application
and required tentative plan. The provision of a preliminary plan in advance of
submitting an application as outlined in Section 33 is optional.
33. A person proposing to subdivide an area of land shall submit to the
Development Officer an application in the form specified in Schedule "A",
together with six (6) printed copies, folded and one (1) digital copy of the
tentative plan of subdivision drawn by a Nova Scotia Land Surveyor to scale
showing:
a. The words "TENTATIVE PLAN OF SUBDIVISION" located in the title
block
b. A clear space for stamping being a minimum of 225 square
centimetres with a minimum width of 10 centimetres
c. The name of the owner of the area of land being subdivided
d. Names of all owners of all properties abutting the land being
subdivided
e. The unique Parcel Identifier (PID) of all areas of land being subdivided
f. A location map, drawn to a scale not smaller than 1:50,000
g. The shape, dimensions and area of the proposed lots
h. Each proposed lot identified by a number except where a parcel is
being added to or subtracted from an existing area of land, such
parcel shall be identified by a letter and the new lots identified by the
identifier, where available, of the existing area of land, and the letter
i. No duplication of lot identifiers
j. The location of existing and proposed streets
k. The location of existing buildings within 10 metres of a property line
l. The general location of watercourses and wetlands or other
environmentally sensitive or protected areas
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m. The width, location, and nature of any easements on or affecting the
nature of land proposed by the subdivided
n. The north point
o. The scale
p. The location, dimensions, and area of any land to be conveyed to the
Town for open space or similar public purposes
q. The date on which the tentative plan of subdivision was drawn and
the date of any revisions
r. Any other information necessary to determine if the subdivision
meets Municipal Specifications and accepted engineering practices
as determined by the Development Officer.
34. A tentative plan of subdivision that shows a lot that does not have availability
of municipal wastewater services and where an on-site sewage disposal is not
planned shall be forwarded to the Nova Scotia Department of Environment for
confirmation that the Department is in agreement that the proposed lot does
not require an on-site sewage disposal system.
35. Any agency which has been forwarded a copy of a tentative plan of
subdivision pursuant to Section 34 shall forward a written report of their
assessments or recommendations to the Development Officer.
36. Approval of a tentative plan of subdivision may not be refused or withheld as a
result of the assessment or recommendations made by the Department of
Environment or the municipality unless the tentative plan of subdivision is
clearly contrary to a law of the Province or regulation made pursuant to a law
of the Province.
37. Where a subdivision divides land where no roads, water, wastewater or
electric services are required to be constructed or expanded, the development
officer may waive the requirement that tentative plans be submitted.
Procedures
38. Application for a tentative plan shall be made to the Development Officer in
the form specified in Schedule A of these regulations.
39. The Development Officer shall comply with the notification provisions of the
Municipal Government Act.
40. The Development Officer shall receive confirmation from the Chief
Administrative Officer or a designate, that the proposed subdivision satisfies
the various bylaws and regulations of the Town.
13
41. The following information shall be stamped or written and completed by the
Development Officer on any tentative plan which is approved:
a. "This Tentative Plan is approved for lots __________. Such approval
lapses if the lots are not shown on a final plan of subdivision approved
within two (2) years of the date of the approval of the Tentative Plan."
b. The date of the approval
c. "This tentative Plan shall not be filed in the Registry of Deeds as no
subdivision takes effect until a final plan of subdivisions is approved
by the Development Officer."
42. Upon approval of the tentative plan of subdivision, the Development Officer
shall forward a copy of the approved plan to the subdivider and notify any
other agency of the Province or Town that the Development Officer requested
review of the plan and of their decision to approve the tentative plan.
43. Where the Development Officer refuses to approve a tentative plan of
subdivision, they shall notify the subdivider of the reasons for the refusal in
writing as required by the Municipal Government Act and advising the
subdivider of the appeal provisions in the Act.
Part 7: Final Plans of Subdivision
Final Plan Requirements
44. A subdivider proposing to subdivide an area of land shall submit to the
Development Officer an application for approval in the form of Schedule A of
this bylaw together with six (6) printed copies, folded and one (1) digital copy
of the final plan of subdivision drawn by a Nova Scotia Land Surveyor showing
the following:
a. The words "PLAN OF SUBDIVISION" located in the title block
b. A clear space for stamping
c. The name of the subdivision, if any, and the name of the owner of the
area of land
d. The names of all owners or the lot identifiers of all properties abutting
the proposed subdivision
e. A location map, drawn to scale not smaller than 1:50,000, preferably
with the same orientation as the area of land
f. The shape, dimensions, and area of the proposed lot
14
g. Each proposed lot identified by a number except, where a parcel is
being added to or subtracted from an existing area of land, the parcel
shall be identified by a letter and the new lots identified by the
identifier of the existing area of land, and the letter
h. No duplication of lot identifiers
i. The boundaries of proposed lots shown by solid lines, and the
vanishing boundaries of existing areas of land being re-subdivided,
consolidated or both, shown as broken lines
j. Approximate location of existing main buildings on the area of land
proposed to be subdivided
k. The location of existing public roads/streets, existing private roads,
private lanes, or right-of-ways
l. The width and location of trails
m. The location of any watercourse, wetlands, prominent rock
formations, and any environmentally sensitive or protected areas
n. The width, location, and nature of any easements on or affecting the
area of land proposed to be subdivided
o. North point
p. The date on which the final plan of subdivision was drawn and the
dates of any revisions
q. The scale to which the final plan of subdivision is drawn
r. The unique parcel Identifier (PID) of all areas of land being subdivided
s. Any other information the Development Officer deems necessary to
determine whether the final plan of subdivision conforms to the
Subdivision Bylaw
45. A Servicing Agreement, signed by both the Town and subdivider, along with
proof of payment of any deposit of funds or proof of any security required by
the Town shall be submitted along with the final plan of subdivision.
46. A final plan of subdivision submitted for approval shall be accompanied by any
security or bonds required to be posted under this bylaw.
15
Procedures
47. The Development Officer shall comply with the notification and approval
provisions of the Municipal Government Act.
48. The Development Officer shall contact any department of the Town necessary
to determine if the proposed subdivision satisfies the various bylaws and
regulations of the Town.
49. Approval of a final plan of subdivision may not be refused or withheld as a
result of the assessment or recommendations made by the Department of the
Environment, the Department of Public Works, or any other agency of the
Province or the Town unless the final plan of subdivision is clearly contrary to a
law of the Province or regulation related to a law of the Province, including the
Town's Municipal Planning Strategy.
50. At the time of application for approval of a final plan of subdivision, the
subdivider shall submit to the Development Officer:
a. The fees for registering the final plan of subdivision
b. The fees for filing the notice of subdivision
51. Before approving a final plan of subdivision that adds or consolidates parcels
or areas of land in different ownership, the Development Officer shall have
received:
a. The executed deeds suitable for registering to effect the addition or
consolidation.
b. The fees for registering the deeds.
c. The affidavit of value including particulars of any exemption per Part
V of the Municipal Government Act, including the fees payable.
52. A final plan of subdivision that shows a lot that does not have availability of
municipal wastewater services and where an on-site sewage disposal is not
planned shall be forwarded to the Nova Scotia Department of Environment for
confirmation that the Department is in agreement that the proposed lot does
not require an on-site sewage disposal system.
53. The Development Officer shall forward an approved copy of the final plan of
subdivision to the subdivider and the surveyor.
54. Where the Development Officer refuses to approve a final plan of subdivision,
the Development Officer shall inform the subdivider of the reasons for the
refusal in writing and advise the subdivider of the appeals provisions in Section
284 of the Municipal Government Act.
55. Where the Development Officer refuses to approve a final plan of subdivision,
the development officer shall give notice of the refusal to all agencies which
were forwarded a plan pursuant to Section 34.
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56. The following information shall be stamped or written by the Development
Officer on any final plan of subdivision with is approved
a. "The final plan of subdivision is approved for lots
_______________ on __________ (street name) within the Town
of Mahone Bay."
57. Within seven days of approving the plan, the Development Officer shall
forward to the registry of deeds:
(a) two (2) approved copies of the final plan of subdivision and notice of
approval; and,
(b) if applicable, the items required by Section 57.
Part 8: Repeal of Subdivision
58. Sections 6 to 54 inclusive of these regulations do not apply to the repeal of a
plan of subdivision.
59. Any person requesting a repeal shall submit to the Development Officer an
Application for Repeal as laid out in the Provincial Subdivision Regulations
made under Section 270 of the Municipal Government Act.
60. The notification and approval provision of the Municipal Government Act
that apply to the approval of a plan shall also apply to a repeal.
61. When the Development Officer is satisfied that an application for repeal is
complete, the Development Officer may forward a copy to any agency which
is provided an assessment or recommendations on the original plan of
subdivision.
62. If buildings have been constructed on the land after the date of the
subdivision approval that is being requested for repeal, no repeal will be
granted if it would cause these buildings to violate the Land Use Bylaw, unless
the violation can be corrected by approving a new subdivision plan and filing it
at the Registry of Deeds on the same day as the repeal.
63. The Development Officer shall forward to the Registry of Deeds the repeal in
the form specified.
64. The Development Officer shall forward a copy of the repeal to the subdivider
and any agency that provided assessment or recommendations on the original
plan of subdivision.
65. At the time of application for the repeal of a subdivision the subdivider shall
submit to the Development Officer:
a. The fees contained in the Costs and Fees Act and its regulations, for
registering a repeal of a plan of subdivision
17
b. Where the Development Officer refuses to repeal a subdivision, the
Development Officer shall give notice of refusal to all agencies that
were forwarded the application for repeal per Section 64.
Part 9: Repeal of Bylaw
66. On the active date of this by-law, the Subdivision Bylaw dated April 17, 2002
is hereby repealed.
________________________
___________________________
David Devenne, Mayor
Kelly Munroe, Town Clerk
This is to certify that the foregoing is a true copy of the by-law passed at a
duly convened meeting of the Council of the Town of Mahone Bay, held the
25th day of July, 2024.
Given under the hand of the Mayor and the Town Clerk and the seal of the
Town of Mahone Bay this 26th day of July, 2024.
CLERK'S NOTATION
FIRST READING:
June 27, 2024
"NOTICE OF INTENT" PUBLICATION:
July 17 & 24, 2024
SECOND READING:
July 25, 2024
MINISTERIAL APPROVAL:
N/A
DATE OF PUBLISHING:
July 26, 2024
FORWARDED TO THE MINISTER:
August 5, 2024
FORWARDED TO TOWN WEBSITE:
July 26, 2024