Cluster Development Regulations

The Municipality of the District of Lunenburg (MODL) is developing new rules that will impact how certain types of cluster developments occur across the municipality. Cluster developments, which are sometimes called grouped dwellings or cluster dwellings, are a type of residential development where several detached and/or multiple-unit dwellings are located on the same property.

On the ground, these developments can look and feel the same as a traditional subdivision, with individual houses located along an internal road. However, due to the lack of property lines within the development, they can also look different, with clusters of homes or other structures located close together on one portion of the property, while the remainder of the property is left in a natural state.

Ownership structures of cluster developments can vary. Some developments may be owned and maintained by a single individual or entity that rents out the units to tenants. In this case, the units and all associated infrastructure such as roads, parks, and wastewater facilities are maintained by the owner of the property.

Another ownership structure is through a condominium corporation in the form of a bare land condominium. A bare land condominium development typically involves individual dwellings located on individual “units” of land that are owned and maintained by individual owners, in the same manner that a condo unit in a large building is owned. However, associated infrastructure such as roads, parks, or wastewater facilities is typically owned and maintained collectively by all the owners of the units within the development through the condominium corporation. Similarly, these aspects of the development are comparable to the parts of a condominium building that are collectively owned and maintained such as the lobby or hallways.

Why Regulate Cluster Developments?

When developments are proposed in MODL, the land use controls that allow the Municipality to ensure certain standards are met are only triggered when land is subdivided. For example, when land is subdivided, the Municipality can evaluate the proposal to ensure it meets any requirements on environmental impacts or infrastructure standards. However, because cluster developments do not involve the subdivision of land, there is currently no way for the Municipality to ensure that these developments meet the same requirements. This initiative is aimed at putting regulations in place that considers the adequacy of the site in terms of road access, servicing capacity, and environmental impact.

What Regulations Are Being Proposed?

The Municipality has passed First Reading on new regulations that would establish a limit to the number of dwellings that could be built on a single, unserviced lot without the need for a special approvals process. If a development involved more than this limit, a special approvals process in the form of a Development Agreement would apply. In this scenario, the Municipality would use this process to evaluate the proposal based on a number of factors surrounding road accesses, servicing capacity, and environmental impact.

Where Will These Regulations Apply?

The proposed regulations would apply everywhere in the municipality, with the exception of fully serviced areas such as Osprey Village. In areas where there are existing land use by-laws already in place, the most stringent of the regulations would apply.