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N e w B r u n s w i c k
MUNICIPAL PLAN
BY-LAW 1-20
Rothesay Municipal Plan
By-Law 1-20
[1]
TABLE OF CONTENTS
Table of Contents .................................................................................................................................. 1
Executive Summary ....................................................................................................................................... 4
Built Form and Land Use ....................................................................................................................... 4
Residential Neighbourhoods ................................................................................................................. 5
Commercial Corridor ............................................................................................................................. 5
Natural Environment............................................................................................................................. 5
Municipal Services and Infrastructure .................................................................................................. 6
Heritage ................................................................................................................................................. 6
Implementation and Interpretation...................................................................................................... 6
CHAPTER 1 - MUNICIPAL PLAN BACKGROUND ............................................................................................. 9
Context - Past and Future, Challenges and Opportunities ..................................................................... 10
Our Past ............................................................................................................................................... 10
Our Future ........................................................................................................................................... 12
How much growth for the Future? ......................................................................................................... 12
Creating the Municipal Plan ........................................................................................................................ 17
Creating the Municipal Plan: The Planning Process ................................................................................ 18
Vision, Objectives, and Goals: ..................................................................................................................... 21
Growth, Change, and Resilience ............................................................................................................. 21
Natural Environment: ......................................................................................................................... 22
Built Form and Urban Design: ............................................................................................................. 22
Housing Diversity ................................................................................................................................ 23
Age-Friendly Community .................................................................................................................... 23
Parks and Recreation .......................................................................................................................... 23
Complete Neighbourhoods ................................................................................................................. 23
Transportation .................................................................................................................................... 24
Sustainability ....................................................................................................................................... 24
Investment and Infrastructure ............................................................................................................ 24
Commercial Corridor ........................................................................................................................... 25
Planning Regulation: The Legislative Basis of the Municipal Plan .............................................................. 26
Reading the Municipal Plan ........................................................................................................................ 27
Chapters .............................................................................................................................................. 27
Schedules and Maps ........................................................................................................................... 27
CHAPTER 2 - LAND USE .............................................................................................................................. 29
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Residential ............................................................................................................................................... 29
Low Density Residential Designation ...................................................................................................... 35
Medium Density Residential Designation ............................................................................................... 37
High-Density Residential Designation ..................................................................................................... 40
Commercial Designation ......................................................................................................................... 44
Light Industrial Designation .................................................................................................................... 50
Traditional Area Designation .................................................................................................................. 51
Institutional Designation ......................................................................................................................... 55
Parks and Conservation Designation ...................................................................................................... 61
Rural Designation .................................................................................................................................... 68
Environment and Open Space ................................................................................................................ 72
CHAPTER 3 - MUNICIPAL SERVICES & INFRASTRUCTURE ........................................................................... 75
Transportation ........................................................................................................................................ 78
Urban Forest Management ..................................................................................................................... 80
Private Streets ......................................................................................................................................... 82
Rail........................................................................................................................................................... 83
Kennebecasis Valley Fire Department .................................................................................................... 85
Kennebecasis Regional Police Force ....................................................................................................... 88
Financial Services .................................................................................................................................... 90
Development Charges ......................................................................................................................... 93
Capital Asset Management ................................................................................................................. 94
Universal Design .................................................................................................................................. 95
CHAPTER 4 - DEVELOPMENT CONTROL ...................................................................................................... 99
Municipal Watershed ........................................................................................................................ 101
Wellfield Protected Area ................................................................................................................... 102
Groundwater Protection ................................................................................................................... 102
Watercourses and Waterbodies ....................................................................................................... 104
Flooding and Flood Risk Areas .......................................................................................................... 105
Stormwater Management ................................................................................................................ 108
Environmentally Significant Areas .................................................................................................... 110
Steep Slopes ...................................................................................................................................... 110
Construction Practices .......................................................................................................................... 111
CHAPTER 5 - IMPLEMENTATION ............................................................................................................... 116
Policy Index ........................................................................................................................................... 123
Repeal and Enactment .............................................................................................................................. 125
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Schedule A - Future Land Use Map ...................................................................................................... 126
Schedule B - Five Year Capital Plan ...................................................................................................... 127
Schedule C - Proposed Public Streets ................................................................................................... 128
FIGURES
Figure 1 - Total Population Change, 2001-2016, Population Estimates VS Census Data - Source:
Heseltine, J. (2018). Town of Rothesay Population and Housing Projections. ........................................... 13
Figure 2 - Population Projection, 2016-2036- Source: Heseltine, J. (2018). Town of Rothesay Population
and Housing Projections ............................................................................................................................. 14
Figure 3 - Population Pyramid Female VS Male (2016 Census) - Source: Heseltine, J. (2018). Town of
Rothesay Population and Housing Projections. .......................................................................................... 15
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Executive Summary
The Rothesay Municipal Plan is a blueprint to guide decisions for the long-term management and
development of our community over the period of the next 10 years (2020-2030). The Municipal Plan
presents a consolidation of ideas of how we plan respond to challenges such as; climate change, flooding,
ageing demographics, slow population growth, and technology advancements. In response to these
challenges, Rothesay embraces new methods and policies that will make our Town more sustainable in
the development and redevelopment of our lands. For these reasons, we have articulated a vision,
objectives, and goals that are important to the future growth and development of Rothesay.
BUILT FORM AND LAND USE
The built form is the physical organization of buildings and infrastructure; it provides the foundation for
our community and the quality of life needed to support the daily life of our citizens. The social, economic,
and cultural activities are dependent on the form and function of the built environment; particular
importance is on the quality and design of the physical space. The relationship between people and the
built environment is vital to health and happiness; we connect with the places we live. However, the built
form is not static. Over the course of our history, the built form can change through the way we use our
lands, how we develop and build, and how we influence the natural environment; often these changes
are brought through community interests and are expressed through policies. Public engagement has
shaped the vision of our future and aided in the creation of municipal planning policy; these policies
regulate following:
Existing and future development to ensure Rothesay is designed in a way that makes it
aesthetically pleasing, and attractive for all residents and business owners;
The use and development of lands to provide a range of uses that are appropriate;
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The built form to encourage a complete communities approach, in which neighbourhoods allow
for a live, work, play style of life;
The design and construction of buildings through the use of building techniques that have a
reduced negative impact or positive environmental impact and encouraging sustainable
construction practices.
RESIDENTIAL NEIGHBOURHOODS
Rothesay is primarily a residential community, a bedroom suburb of Saint John with many distinct
neighbourhoods that are represented by single detached dwellings as the prevailing form of housing.
Homes are characterized by their different architectural styles, with a range of homes having been built
between the 1800s to present day. A growing shift in the local housing market is the addition of apartment
and condominium dwellings, which have allowed for a range of new housing choices for residents. Public
feedback has helped shape the future vision of Rothesay, and the residential policies required to ensure
Rothesay continues to develop in a sustainable way. These policies facilitate the following:
Allow for a range of residential housing types, sizes, and costs;
Provide methods for adding affordable housing;
Provide methods for adding age-friendly, universally accessible housing;
Address the growing challenge of providing homes for non-traditional families,
Regulate future residential development to ensure that future growth prioritizes a dense
development pattern and reduces sprawl;
Regulate residential land development to ensure the provision of municipal services is both
economically and physically viable; and
Allow for a narrow range of local commercial uses in residential neighbourhoods to reduce the
need to travel by car for daily necessities.
COMMERCIAL CORRIDOR
The local economy is supported by a mix of local, national, and international businesses, which together
provide essential goods and services. The majority of the working population in Rothesay commutes to
Saint John for employment and is dependent on that city for many of their services, goods, and products.
While Rothesay provides essential needs, the City of Saint John is the acknowledged regional service
center. Saint John's economic diversity will continue to make Rothesay dependent on the City for the
majority of its employment opportunities for residents. Nevertheless, plan policies can guide economic
decision-making and investment to provide greater economic opportunities that make our community
more self-sufficient:
Support local business growth through land use development regulations that allow for a diverse
range of uses;
Require urban design standards that will facilitate the development of an attractive, desirable
commercial corridor that appeals to private interest and investment;
Focus on the improvement and prioritization of commercial development in Rothesay's
commercial corridor; and
Use a land use planning methodology that supports neighbourhoods where residents can live,
work, and play with emphasis focused on our main commercial areas.
NATURAL ENVIRONMENT
The natural environment provides essentials to our everyday life, and is integral to our health and well-
being. Our built physical environment is a product of our natural environment; we share a close
connection and are dependent on it for our way of life. How our physical environment is constructed,
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designed, and developed through time can alter and significantly influence the local and global natural
environments. The Municipal Plan recognizes the relationship our built and natural environments have
with one another, accordingly the Plan contains policies that ensure our community will continue to
develop and grow in a sustainable way to allow for future generations to fully utilize Rothesay's natural
environment. The intent of these policies is to:
Protect our natural resources;
Regulate the development of greenfield or natural areas to reduce urban sprawl;
Require lands that are considered to be socially, economically, and culturally important to be
conserved for future generations; and
Protect the existing and future built form and municipal infrastructure, with robust land
development regulations.
MUNICIPAL SERVICES AND INFRASTRUCTURE
Regulating and managing the growth and construction of new development in Rothesay and those areas
with existing municipal services and infrastructure requires a deep understanding of the needs of our
community. The infrastructure and services of our Town are essential to the function and the provision of
necessities of life for residents. The Municipal Plan recognizes the value and importance in maintaining
existing services and infrastructure in the Town, while considering future opportunities to provide services
and to expand service and utility infrastructure. Accordingly, through the Municipal Plan vision and
engagement process, policies are presented which ensure the following:
Provide emergency services to all residents in Rothesay;
Require all new development be connected to municipal services, including water and sewer;
Explore opportunities for municipal and private interest to cooperate on future development
opportunities; and
Regulate development and expansion of municipal service requirements to ensure expansion of
infrastructure is done in an economically viable way.
HERITAGE
Rothesay has an extensive history and well established values and traditions. Our built environment,
buildings, homes, and businesses are what make up Rothesay's history and is what tells the story of our
past. The Municipal Plan acknowledges the history of our built and natural environment through policies
created with the direction of public feedback and our collective vision of the future. The intent of these
policies is to preserve our traditional and heritage areas so that current and future generations may
remember and enjoy these assets. The policies will:
Regulate the development of buildings and land found within Rothesay's heritage area to ensure
new development does not detract from the inherent quality or character of the built, social, or
cultural environment;
Allow for a range of uses that reflect on the historic form and function of the heritage area; and
Preserve historic sites and buildings to ensure they are kept for the enjoyment of future
generations.
IMPLEMENTATION AND INTERPRETATION
The Municipal Plan will be implemented through municipal regulatory documents, including a new Zoning
By-law, Subdivision By-law, and Heritage By-law. Together, these documents will provide the necessary
requirements to fulfill the intent of the Plan and its policies. The Municipal Plan is a dynamic document,
and should be interpreted and implemented in a fluid way. It is not anticipated that the Plan be read so
stringently that the most literal definition becomes the accepted interpretation. The strength of the
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Municipal Plan is that it is a living document that contains a framework for updates, changes, or
adjustments. As the Plan is a living document it may evolve through successive updates, be expanded as
needed, and serve a different purpose over time. Accordingly, the policies in the Municipal Plan will:
Empower Council to make decisions with regards to the development and management of land,
the conservation of the physical environment, control waste and pollutants, and provide services;
Enable Town Committees to provide sound advice to Council regarding the management of lands,
services and infrastructure, and the physical environment;
Allow for future amendments to ensure that the vision is adapting to changing needs and
priorities; and
Facilitate by-laws that ensure Rothesay's lands, resources, and facilities, and infrastructure are
controlled and managed in a sustainable manner.
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CHAPTER 1 - MUNICIPAL PLAN BACKGROUND
The philosophy behind Town planning in Rothesay is to provide a framework of policies that guide the
municipality through thoughtful accommodation of growth without compromising the distinctive
characteristics of our social, natural, built, and heritage environment.
This Plan is compelled to reflect a deep appreciation of Rothesay and its residents. It also requires effective
communication and engagement in identifying what opportunities and challenges, if any, may arise in the
future. Preparation and planning will depend on our understanding of our demographics, economy,
housing, transportation, and services and utilities.
In 2017, Town staff initiated the Municipal Plan review process to create a new Municipal Plan for
Rothesay. The review process was designed to assess and analyze the effectiveness of the 2010 Rothesay
Municipal Plan, its policies, objectives, and vision and whether these were still relevant to the future. The
Municipal Plan provides a general overview, as well as policy related to: the development and use of land,
the conservation and improvement of the physical environment, the control and abatement of pollution,
the development of communication, utility, and transportation systems, the reservation of land for future
uses and municipal purposes, and the provision of municipal services and facilities.
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Context - Past and Future, Challenges and Opportunities
OUR PAST
Records of indigenous peoples along the Kennebecasis and Saint John River date back to approximately
7000 BC. The Wolastoqiyik (Maliseet) First Nation meaning "people of the beautiful river" were the first
inhabitants of the river valley area. The European colonization of the area was expedited largely by the
influx of American Loyalists who resettled here during and after the American Revolution 1775-1783.
Loyal subjects of King George fleeing the colonial revolt and seeking out safe territory to settle were
granted lands in the region. In 1784, these land grants were governed under the newly formed Provincial
Government of New Brunswick.
The early 1800s Saint John grew quickly as an industrial and manufacturing center. Numerous mills and
plants were established along the Saint John River and the abundance of ships and activity of the shipyards
made the area a bustling and vibrant community. In the 1850s, a railway running from Saint John to
Shediac would pass through Rothesay and with the coming of the railway, the businesses in Saint John
continued to grow and flourish.
By 1860, the cornerstones of the communities, in what is now Rothesay, were beginning to take shape
and soon it became a popular residential and cottage destination in the summer for people looking to
escape from the rapidly industrializing City of Saint John. Many of the people that moved to the Rothesay
area during this time had a range of skillsets that were valuable to the area; some were ship builders,
farmers, loggers, and blacksmiths. As a result, by 1867, the communities of Rothesay had grown from a
crossroad in the midst of predominantly farm-lots to a settled community. The railway had arrived and
the era of prosperity from lumber and shipping was in full sail. The railway made it possible for Saint John
residents to spend the summer in Rothesay and seasonal residences soon began to be built on a grander
scale. The rail connection also introduced suburban living, with businesspersons building houses for their
families in Rothesay and commuting into Saint John.
This connection to the City is very symbolic and Rothesay residents still speak with pride when referring
to their identity in the regional context by means of "Greater Saint John." Greater Saint John denotes a
geographic urbanized area that has, since the 1960s, expanded beyond the City of Saint John boundaries
with the suburbanization of Rothesay and Quispamsis in the Kennebecasis Valley and Grand Bay-
Westfield.
Even though Rothesay has a lengthy history, the principal growth period occurred in the post-WWII
period. The arrival of widespread automobile ownership and the construction of highways, spurred the
suburbanization of Rothesay. This growth was further stimulated by affordable housing prices and lower
property taxes. Suburban housing in Rothesay offered homeowners good value with characteristically
larger homes with more floor space in comparison to was available in the established neighbourhoods of
Saint John. Suburban Rothesay also boasted larger lots compared to the smaller lots commonly found in
Saint John. As the Town's population grew, there were new highways to provide fast direct connections
from the suburbs to major employment and industrial centers in the City.
While Rothesay followed many of the typical characteristics of suburbanization, our history diverges from
the North American experience. Characteristically suburbs are defined as communities without cultural
or historical foundations, Rothesay still embraces with pride several century-old institutions such as the
Riverside Country Club founded in 1897 that remains as New Brunswick's only private golf club; Rothesay
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Netherwood School founded in 1877 as an independent boarding preparatory school; Shadow Lawn Inn
founded in 1870; the Rothesay Tennis Club founded in 1898; and a competitive rowing history that dates
back to the 19th century.
In 1998, the villages of East Riverside-Kingshurst, Fairvale, Renforth, the local service district of Wells and
the Town of Rothesay were amalgamated to form "Rothesay". Shortly thereafter, the Town created a
motto used to represent the strength and unity of the municipality throughout its history and into the
future; "Qunique luncta in Uno", which means Five United in One. In 2010, Rothesay celebrated its 150th
name-day anniversary.
Rothesay is distinctive in New Brunswick with a strong and vibrant small Town identity, though it has a
very strong connection with the City of Saint John. The majority of Rothesay's working class commute to
the City for employment, and access most services and goods. Since 2010, there has been a growing dialog
around issues of the City's financial sustainability and the potential unification of local governments in the
Greater Saint John area.
Rothesay has been steadfast in its position that preservation of the Rothesay identity and the relationship
of our local government to our residents is paramount. The administration and bureaucracy of a much
larger organization like a single-city government, means the importance of resident's local issues may not
get the attention that they need, deserve, and expect. Rothesay does embrace regional and inter-
municipal solutions to service delivery such as the Greater Saint John Regional Facilities Commission, the
Kennebecasis Regional Police Force and Kennebecasis Valley Fire Department, the Fundy Regional Service
Commission, the Comex bus rapid transit service, Economic Development Greater Saint John, and the
Kennebecasis Public Library. These service agencies are examples of how collectively municipalities can
work together to better meet the service needs of our residents.
For clarification, Rothesay maintains the position that a single regional government model or other form
of centralization that would distance our residents from Town Hall and local decision-making is
detrimental to our best interest.
Council Shall:
Policy REG-1
Regional Inter-Municipal Cooperation:
Continue to support regional and inter-municipal
cooperation to the degree that such collaboration
benefits Rothesay without compromising the ability to
retain local decision-making and local administrative
accountability.
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OUR FUTURE
Rothesay, like many suburban communities of New Brunswick finds itself in a position that provides many
unique opportunities and challenges for the present and future. Since the 2011 census, the population
has decreased. At a glance, we can see from the data available through the Canadian Census Program that
the number of persons 50 and older is increasing and those 20 and younger is decreasing. This change in
population dynamic further adds to the challenges of a growing, ageing population. The Rothesay area
has seen the effects of a slow, but gradual change in climate and is beginning to notice the effects of even
small changes. Seasonal weather events are becoming extreme, and as a result flooding is more prevalent.
The annual freshet has had a dramatic effect on riverfront communities along the St. John River including
Rothesay. Climatologists and hydrologists put forward that extreme weather and resulting river flooding
will continue to be more frequent into the future.
Despite these challenges, Rothesay is poised to capitalize on opportunities in the future. In 2018, Rothesay
was recognized as an Age-Friendly Community by the Province of New Brunswick, and in 2019, the Town
formed a partnership with the YMCA to create an age-friendly resource centre known as the Rothesay
Hive. In 2020 Rothesay was accepted into the World Health Organization's (WHO) Global Network for
Age-friendly Cities and Communities.
In recent years, Rothesay has seen a rise in residential and commercial development. The long-standing
tradition of Rothesay being known for its single-detached homes has evolved with the provision of new
multi-unit apartment and condominium buildings. The addition of these dwellings further diversifies our
housing stock and provides additional opportunities for people to call Rothesay home. The development
of commercial uses has provided excellent additions to our Town.
How much growth for the Future?
Rothesay has a reputation as a community with an excellent quality of life and for that reason growth
should planned to that which improves the quality of life for our residents. By improving and maintaining
quality of life, residents will want to stay here. In fact, much of what makes this place special cannot be
measured in standard economic or demographic statistics. The Municipal Plan is a delicate balance
between permitting some development and regulating other land uses over the next 10 years. Municipal
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policy is subsequently influenced by demographic trends and the policy makers weigh those choices
against community values.
In preparation of this plan, Rothesay prepared a demographic forecast of our population. Rothesay has a
population (See Figure 3) wherein a relatively small proportion of residents are between the ages of 20
and 34 years of age, and the majority of the population is 50 years and older (Heseltine, 2018)1. The
demographic forecast shows that without intervention, our population will gradually diminish over the
next 20 years. Rothesay's population had experienced steady population growth until the most recent
census period ending in 2016, which recorded a net loss of 2.5% (See Figure 1). By 2021, it is forecasted
that Rothesay's population will be 11,361, and by 2026, 10,786 persons (See Figure 2). Beyond the lifetime
of the Municipal Plan, the forecasts predict that the population will be 9,444 persons by the year 2036.
This forecasted decline in population would be largely due to the death of persons born during the Baby
Boom Generation (1946-1964), the out-migration of young adults particularly of those aged 20 to 34, and
a low birth rate due to the loss of young adults and families. The projections are based on looking at
Rothesay in isolation and do not reflect changes resulting from changes in the population share in the
Greater Saint John region.
Figure 1 - Total Population Change, 2001-2016, Population Estimates VS Census Data - Source: Heseltine, J. (2018). Town of
Rothesay Population and Housing Projections.
1 Heseltine, J. (2018). Town of Rothesay Population and Housing Projections
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Figure 2 - Population Forecast, 2016-2036- Source: Heseltine, J. (2018). Town of Rothesay Population and Housing Projections
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Figure 3 - Population Pyramid Female VS Male (2016 Census) - Source: Heseltine, J. (2018). Town of Rothesay Population and
Housing Projections.
The migration of people in and out of Rothesay is integral to the cycle of housing and the age of our
residents. Rothesay strikes a balance between in-migrants and out-migrants (Heseltine, 2018); however,
an increase in new-build construction would likely attract more in-migrants. Estimates of future migration
show that residents in their 30s and 40s and a smaller number of persons up to 20 years of age will
increase, but is countered by the consistent and substantial outflow of persons 20 to 29 years of age,
which is presumed to be adult children leaving Rothesay for employment and/or education opportunities,
or to move to a larger metropolitan centre (Heseltine, 2018). Rothesay is also promoted as a destination
for retirees; however, the demographic census data indicates that we are not attracting seniors and that
there is an out-migration of pre-retirees, aged 45 to 65 (Heseltine, 2018).
Population growth and decline forecasts are a prediction based on the expected outcomes of the economy
and the current number of persons present in the population capable of birthing. Greater economic and
employment growth and an increased number of persons capable of new births tends to reflect an
increase in population. Rothesay has a challenge in this regard in that there are limited employment
opportunities in the Town and we are heavily dependent on the City of Saint John to provide employment
for the majority of our labour force. To ensure that Rothesay grows in a sustainable manner and that our
needs are met, demographic changes will be monitored and the Municipal Plan upgraded if future growth
trends change the vision integral to the Plan.
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Creating the Municipal Plan
The Municipal Plan is a by-law enacted by Rothesay Council that seeks to describe our vision, values, and
aspirations within a regulatory framework to control and manage land use development. Our municipal
plan policies guide our Council, Town staff, and public stakeholders and are vital in identifying and
addressing local challenges, and taking advantage of and promoting our local strengths, which include the
following:
1. Our municipal water infrastructure has slowly expanded through various development projects
and municipal capital projects. Through these initiatives, the availability to connect to municipal
water has continued to spread throughout the Town, providing more residents with clean, safe,
potable water. The continual expansion of this network will provide future opportunities for
residential and commercial developments, and allow existing residents on well water service to
connect to municipal water.
2. The Town's primary housing form is single-detached dwellings that are situated on a mix of lot
sizes ranging from quarter acre lots to one-acre lots and greater. The majority of the existing
homes in Rothesay were built prior to the 1970s; however, there has been a consistent, yet
modest, amount of new built construction each year. A change in housing demand and a changing
demographic have transformed the housing market, in that the Town has had an increase in the
number of apartment and condominium units developed in the past decade. This diversity of
housing choice enables existing residents to stay within Rothesay. Further residential
development in the Town is possible, through the potential of infill and undeveloped new
development areas. In 2019, Council approved a plan for the Hillside North and South Planning
Areas as it has high potential for future development growth. There are plans to allow for the
development of low, medium, and high-density residential land uses. The timeline of the growth
in this area would exceed 40 years at current build rates, but it provides potential growth
opportunities for the Town.
3. Rothesay has a proportionally high number of senior citizens and a proportionally low number of
youth and young adults compared to national averages. Population forecasts indicate that future
population decline will continue, with estimates showing that by 2036 Rothesay could lose 20%
of its current population. A cause for this population loss is multifold, though the largest being the
death of the senior population, and the smaller number of persons that are capable of bearing
children make up for the steady decline. Rothesay's designation as an age-friendly community
should encourage more persons to move to Rothesay, and certainly targeting and attracting new
persons to the Town, and allowing for new housing options and a variety of commercial uses will
support a more diverse lifestyle and encourage growth.
4. Rothesay is situated in an area that allows residents to make the most of the natural environment.
Access to the Kennebecasis River, parks, and natural areas make the Town a potential leader in
parks and recreation, and environmental sustainability. Preserving these natural areas through
strict developmental controls will ensure these areas are protected for future generations and
will reduce our impact on the environment. Increasing the number of green spaces and parks will
also improve our overall quality of life.
5. The Town has a small employment base in the commercial and industrial sectors, and has
opportunities to diversify and expand on these uses in the future. Allowing for the continuation
and expansion of these uses will further strengthen our economic opportunities for residents, and
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will provide new opportunities for existing residents, and possibly attract new residents to the
Town.
Development regulation and land use planning will ensure these uses do not detract from the
existing character and or qualities of Rothesay; particularly, the importance is the quality of life
of residents and their neighbourhoods. Commercial and industrial growth will be limited to
specific areas to ensure development is coordinated and that Rothesay can ensure that these uses
do not detract from the existing character of Rothesay, or negatively impact the lives of residents.
Commercial growth and development will continue to define and establish a commercial corridor,
while industrial uses will further support the needs of residents and the services they require for
their everyday lives.
Creating the Municipal Plan: The Planning Process
The Rothesay Municipal Plan was a two-year planning process that took place between June 2018 and
June 2020, and was an initiative undertaken by Town staff under the direction of Council. The process
required a considerable amount of public engagement, reports, studies, and research and analysis. This
was required to capture the full extent of our stakeholders, and the vision of our community for what and
how we want Rothesay to develop, grow, and change in the future. Through this process many challenges
and opportunities were revealed, including those that residents feel threaten the community and those
that may enhance the quality of life and make Rothesay a desirable place to live. The extent to which staff,
the public, and consultants were involved was extensive, as noted below:
A citizen satisfaction survey completed by Corporate Research Associates (CRA), with the
assistance of Town staff, that collected 409 responses from residents in the Town to review their
overall satisfaction with quality of life, provision of services, and their concerns regarding
important issues or challenges facing Rothesay, housing and commercial development, and the
impact of storm water drainage and flooding, from May 9th to 24th and again from June 12th to
14th, 2018;
An age-friendly survey, completed by the Rothesay Age-Friendly Committee and Town staff, that
collected 389 responses electronically and through paper submission. The survey was targeted
for persons 50 years and older, and asked questions regarding senior's quality of life, their ability
to live in Rothesay and their home long-term, the quality and provision of available services, what
services would be desirable in the future, and the quality and provision of housing, October 2017
to April 2018;
CoUrbanize online engagement; managed by Town staff collected 400+ responses over the
course of 2 years. Responses were provided from residents asking general questions, providing
feedback on the planning review process, and in response to questions were provided by Town
staff, October 2017 to December 2019;
Rothesay Priorities Report, Priorities of Rothesay Town Council 2016-2020;
Hillside Secondary Plan Open House, Bill McGuire Centre, November 15, 2018;
Municipal Plan and Zoning By-law Review Open House, Bradley Lake Community Centre, June 7th,
2018;
Municipal Plan and Zoning By-law Review Open House, Fairvale Outing Association, June 13th,
2018;
Rothesay Municipal Plan
By-Law 1-20
[19]
Municipal Plan and Zoning By-law Review Open House, Bill McGuire Centre, June 19th, 2018;
Municipal Plan and Zoning By-law Review Open House, Rothesay Town Hall, June 27th, 2018;
Municipal Plan and Zoning By-law Review Pop-up stations (various locations), July - August 2018;
Rothesay Planning Advisory Committee Workshop, Rothesay Town Hall, August 2019;
Rothesay Parks and Recreation Workshop, Rothesay Town Hall, November 2018; and
On-going community engagement, including individual meetings with residents, phone calls, and
email communication.
Rothesay Municipal Plan
By-Law 1-20
[20]
Rothesay Municipal Plan
By-Law 1-20
[21]
Vision, Objectives, and Goals:
A vision is created through engagement and discussion with stakeholders, and the observation and
collection of feedback from residents. Together, the stakeholders and Town staff have created a vision for
Rothesay and how it may grow and develop in the future, what regulations may exist to limit or enable
development, what intensity and scale may be desirable, what characteristics and values are considered
to be crucial to the Town, and what the future of Rothesay may look like over the lifetime of this Plan and
beyond. The Municipal Plan, and the vision, is based on the comprehensive understanding of the existing
conditions in the Town and how these conditions may change over the lifetime of the Plan. The Vision is
the ideal concept for what the future of Rothesay may look like; the vision represents the collective values
and goals of the Town's stakeholders and presents a scenario for the future which we may achieve through
a series of objectives and or goals, and which may be implemented through policy contained in the
Municipal Plan.
Growth, Change, and Resilience
The vision of our community of the next decade into 2030 is based on the gathering of the public's
feedback, collected throughout the course of the planning review process. The future expectation of
Rothesay is that we continue to create and maintain a highly desirable, livable community. At the heart
of the vision are important principles that will shape the future of Rothesay. These principles are integral
to how we use and build our physical environment, how our built form dictates how we use land, and
what impact we will have on it. The principles reflect this relationship and how we plan to grow our
population, change our physical environment, and how we remain resilient in the face of challenges and
threats to our way of life. The municipal plan recognizes the social, economic, cultural, and natural
environments and how they are interconnected. Through this Municipal Plan will strive to make the
following a framework for the Town's vision:
Rothesay Municipal Plan
By-Law 1-20
[22]
NATURAL ENVIRONMENT:
Protect the natural environment through the provision of land use development controls that are
integrated with Provincial regulations, to ensure Rothesay's natural areas are preserved for future
generations;
Monitor and increase the number of trees in our urban areas, and continue to protect the existing
tree canopy;
Protect our natural resources through the regulation of lands with municipal by-laws and
provincial Acts;
Encourage new development to be designed to include green building design principles; and
Encourage development of infill sites and identify opportunity areas with access to municipal
services in order to reduce sprawl.
BUILT FORM AND URBAN DESIGN:
Protect the existing built form through land development regulations and heritage and design
standards;
2030
VISION
Natural
Environment
Built Form &
Urban Design
Housing Diversity
Age-Friendly
Community
Recreation &
Parks
Complete
Neighbourhoods
Transportation
Sustainability
Community
Investment &
Infrastructure
Commercial
Corridor
Rothesay Municipal Plan
By-Law 1-20
[23]
Require that all new construction developments be designed for the pedestrian and at the
pedestrian scale, to increase social interaction that fosters meaningful relationships and
socialization;
Establish a commercial corridor that is distinctive and provides functions and utility of multiple
modes of transportation;
Follow best practices in land use planning and urban design to create a built form that may be
used and enjoyed by all residents;
Create spaces that enable the freedom of movement and use of space for all persons of all ages,
sizes, abilities, and disabilities; and
Ensure that lands are developed in an economically and environmentally sustainable fashion, such
that a proposed development would not financially burden the Town or adversely affect the
development pattern and or lands of the Town.
HOUSING DIVERSITY
Create land use development regulations that will allow for a mix of residential densities, housing
styles, and affordability, which will enable persons of all socio-economic status to live in Rothesay;
Require new homes to be built to enrich age-friendly living and supports ageing in place;
Locate moderate and higher density residential housing to areas in close proximity to commercial
and institutional uses and transit nodes; and
Neighbourhood commercial uses and home based businesses will increase live, work, play
opportunities and overall healthy neighbourhood function;
AGE-FRIENDLY COMMUNITY
Public buildings operated by the Town will be designed to be used by all persons regardless of
their age, size, ability or disability, or socio-economic status;
Continue to support the development of Rothesay's Age-Friendly Resource Centre "The Rothesay
Hive"; and
Programs to promote the inclusion and contribution of seniors in all areas of community life in
Rothesay.
PARKS AND RECREATION
Parks will be provided in new neighbourhoods to ensure all residents have access to green space;
An interconnected system of trails, parks, and green systems will be created with multiple public
access points;
Parks and green spaces will be created and maintained to ensure that they may be used
throughout the year to encourage residents to be active;
Rothesay's waterfront areas will be protected from development pressures to preserve natural
areas, green spaces, and parks; and
The Town will continue to invest in and upgrade existing parks and recreational facilities.
COMPLETE NEIGHBOURHOODS
Neighbourhoods will support mixed-use development that will lend to the function of residents
daily lives;
Streets will be designed to be walkable to encourage the use of streets by pedestrians;
Neighbourhoods will be designed in a way that enables the use of multiple transportation options,
including private, public, and active transportation;
Rothesay Municipal Plan
By-Law 1-20
[24]
The character and quality of neighbourhoods, and their physical form, will be preserved and,
where possible, enhanced; and
A mix of housing will enable a range of household and family sizes.
TRANSPORTATION
The Town's trail system will be extended in order to connect to the roads in Rothesay providing a
seamless method of active transportation travel;
Major collector roads will be upgraded to include bicycle lanes and sidewalks to allow for the safe
movement of pedestrians, cyclists, and vehicles;
Rothesay's trail system will be expanded so that it links with the regional trail systems and allows
for alternative forms of transportation to commute to work;
Roads will be developed to promote the safe movement of vehicles and pedestrians; and
Invest in alternative transportation options, including public transit, active transportation, and
renewable energies such as electric vehicles and supporting infrastructure.
SUSTAINABILITY
Land development controls will require that lands be developed in such a way that the subject
site does not negatively impact an adjacent site or its use;
Natural areas will be protected through land use development regulations to avoid unplanned
development or urban sprawl;
New development will require green building design principles;
All new developments will require stormwater management plans to ensure flooding is
controlled;
Rothesay will allow the construction of renewable energy infrastructure to reduce our carbon
footprint;
Steep land and difficult terrain will have development controls to ensure these areas are
developed in a manner that allows for their safe use and occupation;
Rothesay will continue to work with neighbouring municipal jurisdictions and will continue to
adhere to the regulations set by the Province that protect natural resources and protected areas;
Explore methods and opportunities to become more self-sufficient by increasing local business
opportunities and convenience for residents; and
Limit urban and rural sprawl and prioritize infill development, where possible.
INVESTMENT AND INFRASTRUCTURE
All development will be regulated in a manner that ensures that the provision of municipal
services is done to enhance the affordability and the efficiency of the Town's infrastructure;
Municipal water and sewer services will continue to be expanded to ensure residents have access
to safe, clean water;
The Town will continue to work with developers and explore opportunities to upgrade municipal
infrastructure;
The Town will invest in renewable energies, where such investment would be financially viable,
supply energy to municipal infrastructure, residential, commercial, and industrial land uses; and
Coordinate with municipal jurisdictions to explore opportunities to work cooperatively on the
development of infrastructure and public facilities.
Rothesay Municipal Plan
By-Law 1-20
[25]
COMMERCIAL CORRIDOR
Create a pedestrian scaled environment that promotes the commercial corridor of Rothesay as a
walkable, pedestrian friendly area;
Prioritize the location of local businesses and direct new businesses to the Hampton Road
commercial corridor to foster local employment and economic growth and to reinforce
Rothesay's commercial corridor; and
Allow for mixed-use development through land use development controls to reduce urban sprawl
and encourage a complete communities2 approach to commercial and residential development.
2 Complete communities are places where homes, jobs, schools, community services, parks and recreation facilities
are easily accessible.
Rothesay Municipal Plan
By-Law 1-20
[26]
Planning Regulation: The Legislative Basis of the
Municipal Plan
The Municipal Plan is a by-law that has been prepared in accordance with New Brunswick's Community
Planning Act (CPA). The CPA is a legislative document that empowers Council to create a Municipal Plan
that regulates land use development decisions within their municipal jurisdiction. However, the Municipal
Plan is not limited to the regulation of lands, it is also required that the Plan includes policy regarding the
following:
Development and use of land;
Conservation and the enhancement of the built form and physical environment;
Control and abatement of pollutants and waste;
Development of communication, service and utility, and transportation infrastructure;
Land reservation and natural areas protection;
Municipal services, including water and sewer, parks and recreation, waste disposal, parks
and recreation, and emergency services;
The Municipal Plan does not commit or legally bind Council3 to carrying out the policies contained within;
however, it does require that decisions not be made that would contradict or be inconsistent with the
policy that is within the Plan.
The Municipal Plan is intended to be an organic, living document and is best read as a document that may
be open to reasonable interpretation. Through the adoption of the Municipal Plan, Council is supporting
and proposing policies that would implement a community vision into 2030.
3 Effect of Municipal Plan - Part 27 The adoption of a municipal plan does not commit the municipality or the
Province to undertake a proposal suggested or outlined in the plan, but, in the case of a municipality, shall prevent
the undertaking of a development in any manner inconsistent with a proposal or policy outlined or suggested in the
plan. Community Planning Act
Rothesay Municipal Plan
By-Law 1-20
[27]
Reading the Municipal Plan
The Municipal Plan is a by-law enacted by Rothesay Council that endeavors to describe the public's vision
and its values within a regulatory framework to control land use development. The by-law's primary
purpose is to manage future growth and change and to provide guidance on land use planning related
issues. However, without limiting itself to land use, the Municipal Plan can provide guidance and insight
regarding public facilities and programs and the provision of municipal infrastructure and services.
CHAPTERS
This document is a replacement for the 2010 Municipal Plan and is intended to cover the period from
2020 to 2030. The Plan is a guide for development, growth, and investment in Rothesay's future. The
framework for this document is set out through five Chapters beginning with the Background, followed
by Land Use, Municipal Services and Infrastructure, Development Control, and Implementation Chapter.
Each chapter also includes policies that serve as guides to Council, the Planning Advisory Committee, and
staff in the decision-making process, regulation and management of land, and municipal services and
infrastructure.
Chapter 1, The Municipal Plan Background describes the planning process, public engagement, reports,
studies, and research and analysis and initiatives undertaken to create the plan including the overall
guiding vision.
Chapter 2, Land Use, the largest section of the Plan, outlines the general context and objectives, and
policies for the management of land, infrastructure, buildings, and development in the Town.
Chapter 3, Municipal Services and Infrastructure provides an overview of the various services provided by
the Town. This chapter is supplied with general context for each service and the infrastructure within the
Town, in addition to policy for how Council shall continue and supply these services in the future.
Chapter 4, Development Control, prescribes limits to the development that may take place in Rothesay,
concerning location, type of use, and intensity. This chapter also provides an overview of the role that
staff have in their administrative role and duty in serving the public and public's interest.
Chapter 5, Implementation, describes how the policies and procedures contained within the Plan are to
be carried out by Council. Additionally, it covers how the procedures and application requirements for the
various planning applications are to be completed. The section also details how amendments to this Plan
are to be carried out.
SCHEDULES AND MAPS
In addition to these chapters are a series of Schedules. These Schedules are to be used in conjunction with
this Plan and the policies contained within. The Schedules provide context to the implementation of a
policy and the specific development objectives, constraints, or intended use of the land that is shown. The
General Future Land Use Map is Schedule A, an attachment that shows the intended land uses in Rothesay
over the course of this Plan.
Rothesay Municipal Plan
By-Law 1-20
[28]
Rothesay Municipal Plan
By-Law 1-20
[29]
CHAPTER 2 - LAND USE
Residential
Rothesay is primarily a suburban residential area in which 28.5% (23,393 acres) of all land is designated
for residential land use. The residential land use development pattern is consistent with many small
suburban communities; where the primary land use is residential and the majority of housing is single-
detached dwellings, with a mix of semi-detached, attached, and limited multi-unit dwellings that provide
a mix of housing stock.
The primary type of residential dwelling in Rothesay is single-detached units. The unique geography and
topography of Rothesay provide a tremendous amount of residential opportunities, including traditional
suburban lots, large rural lots, and waterfront lots that look out over the Kennebecasis River. The diversity
in lot sizes allows for a mix of residential styles and dwelling types throughout the Town. While the primary
form of residential dwellings in Rothesay are single-detached units, development projects through 2018-
2020 saw an increase in the construction of multi-unit dwelling buildings. These new multi-unit apartment
and condominium units are indicators of the demand for smaller, managed property dwellings from our
senior population. Regardless, this shift in residential development provides diversity in Rothesay's
housing market and lifestyles in a community that has customarily seen traditional uniform development.
This Plan envisions a range of low, medium, and high-density land uses in addition to a range of housing
options that will include single-detached dwelling units, secondary dwelling units, two-unit and attached
dwellings, clustered residential dwellings, as well as apartments and condominium dwelling units.
The Low Density Residential Designation will preserve existing single family dwelling neighbourhoods.
New low-density housing can be accommodated through the subdivision of existing large. In limited
circumstances, Council will be able to consider neighbourhood commercial development and some higher
density residential. Largely the low-density residential areas of Rothesay will retain their established
neighbourhood character.
The Medium Density Residential Designation will be located on the periphery of commercial land
designations and act as transitional land use intensity between low and high-density residential dwellings.
Medium density dwellings may also serve a secondary purpose as transitional housing that may be ideal
for new homebuyers or those looking to downsize from single-detached dwellings.
The High-density Residential Designation will be clustered around the commercial core and will serve to
increase density. The higher density designation will provide mixed land use opportunities where
appropriate, as well as affordable housing. The provision of the High-density Residential Designation is
appropriate to address the increasing demand for apartment and condominium units, and the expected
shift in housing that will occur with a shift in our increasingly older population
Council recognizes that there is a shift in housing demands and that our population is changing, the
following policies will ensure that there are housing options to address these changing needs, and look to
provide a variety of housing in the future.
Rothesay Municipal Plan
By-Law 1-20
[30]
Rothesay has experienced a demographic drift that has seen a rise in the total number of seniors, which
has raised concerns on the affordability of housing and the provision of housing that may accommodate
persons on fixed incomes. The provision of housing is the role of the private sector, albeit regulated by the
Town of Rothesay. While the Town has no direct control in the free market, we are able to regulate the
use, scale, and density of the use, and may provide incentives to the private developer to provide a public
amenity or benefit, to offset the increased density or scale of the building. This policy enables Council to
consider providing an incentive to a developer so that they may increase the total maximum density that
would otherwise not be permitted for the provision of affordable housing dwelling units.
Council Shall:
Policy R-1
Affordable Housing:
Consider an increase in the maximum allowable density
by 2 percent for every dwelling unit meeting affordable
housing standards as defined by the Canadian Housing
and Mortgage Corporation (CHMC) or an equivalent
recognized standard, not exceeding 20 percent as
determined in the Zoning By-law for the following zones:
a) Attached Unit Residential (R3);
b) Clustered Residential (R4); and
c) Multi-Unit Residential (R5)
Where the total number of units calculated results in a
fraction, the number shall be rounded to the nearest
whole number.
In the spring of 2018, Rothesay became recognized as an age-friendly community. This designation
requires significant investment by the Town to ensure that we accommodate all persons, of all abilities
and disabilities throughout their life. The staple of a desirable place to live is good quality housing. Age-
friendly communities ensure that a person may live in the Town in which they were raised for the entire
duration of their life because there is housing and services that enable them to do so. This policy enables
Council to consider providing an incentive to a developer so that they may increase the total maximum
density that would otherwise not be permitted for the provision of age-friendly designed dwelling units.
Council Shall:
Policy R-2
Age-Friendly Housing:
Consider an increase in the maximum allowable density
by 2 percent for every dwelling unit designed and
constructed in conformance with Universal Design Best
Practices, as defined by the Universal Design Network of
Canada or an equivalent recognized standard, not
exceeding 20 percent as determined in the Zoning By-law
for the following zones:
a) Attached Unit Residential (R3);
Rothesay Municipal Plan
By-Law 1-20
[31]
b) Clustered Residential (R4); and
c) Multi-Unit Residential (R5);
Where the total number of units calculated results in a
fraction, the number shall be rounded to the nearest
whole number.
Rothesay's roots are as a seasonal cottage community for those looking to escape the industrialization of
Saint John. Over time, Rothesay has become a very stable, suburban community. Residents have a great
sense of pride in both their neighbourhoods, and their homes. This policy would regulate the establishment
and operation of short-term rental housing to preserve the character and quality of residential
neighbourhoods.
Council Shall:
Policy R-3
Short-term Rental Housing:
Regulate short-term rentals in Rothesay, meaning the
rental of owner occupied single-family dwellings
including multi-unit dwellings for a period of 28 days or
less. Council has determined that allowing residents to
rent their residential properties for longer periods
without regulation appropriately balances the need to
protect
neighbourhood
stability
from
issues
of
neighbourhood nuisance, noise, and housing availability
and affordability.
Rothesay is currently experiencing a large shift in its population. Demographic analysis shows that there
is an increasing number of seniors and a decreasing number of youth and young adults. The increase in
our senior population has required housing arrangements be made so that families may accommodate
additional family members in their home. This policy would allow existing residential dwellings to add an
addition to the structure or to make an existing area in the home a legal apartment to provide greater
housing stability and diversity in the Rothesay.
Council Shall:
Policy R-4
Secondary Suites:
Establish appropriate standards in the Zoning By-law to
allow secondary suites in single-family dwelling units to
accommodate owner-occupied shared housing where
the primary purpose is for care and support or to address
affordability.
Rothesay's predominant land use is residential and the primary dwelling type is single-family detached
homes, the majority of which are on quarter acre lots or larger. The large number of existing, large lots
provides opportunities for infill development of secondary dwelling units on a property, which may be
either garden or secondary units, which are self-contained dwellings that may be rented out to a tenant,
or used by a family member. This policy would allow residents that had the appropriate lot size and zoning
Rothesay Municipal Plan
By-Law 1-20
[32]
to build a secondary or garden unit. The intent of this policy is to provide additional housing options in
Rothesay.
Council Shall:
Policy R-5
Secondary Units and Garden Units:
Establish appropriate standards in the Zoning By-law to
allow independent secondary units and smaller detached
backyard garden units in the Low Density Residential
Designation, where such development will:
a) not adversely impact the neighbourhood
aesthetics;
b) increase the diversity of housing choice;
c) increase the affordability of the rental stock; and
d) support age-friendly living within Rothesay.
Council Shall:
Policy R-6
Home Occupations:
Establish appropriate standards in the Zoning By-law to
allow owner-occupied dwellings to operate a home
occupation in residential designations, subject to the
following criteria:
a) The residential character of the property and the
surrounding
neighbourhood
is
not
adversely
affected;
b) There is no outside storage of equipment or
materials;
c) The home occupation does not create excessive
vehicle traffic;
d) Commercial
signage
is
inconspicuous
and
appropriate in scale and character for the residential
area; and
e) The home occupation does not produce smoke, dust,
fumes, or noise to an extent that it would create an
unreasonable
nuisance
in
a
manner
that
substantially interferes with the enjoyment or use of
another individual's property or with nearby
residential uses.
Rothesay Municipal Plan
By-Law 1-20
[33]
Council Shall:
Policy R-7
In-Home Daycares:
Establish appropriate standards in the Zoning By-law to
allow owner-occupied dwellings to operate an in-home
neighbourhood daycare (early learning and childcare
home) in accordance with the New Brunswick Early
Childhood Services Act, as may be amended from time to
time, subject to compliance with the following:
a) The daycare is secondary to the permitted
residential use; and
b) The residential character of the property and the
surrounding
neighbourhood
is
not
adversely
affected.
Rothesay is known for its quality neighbourhoods, tree lined streets, and traditional architecture. The
character of our neighbourhoods has become a basis of pride and value that should be protected for the
future. Homeowners in Rothesay take great pride in their homes, and for many this is where they were
raised and will continue to be for many years into the future. This policy recognizes the value and quality
of our residential neighbourhoods and provides Council with the regulatory authority to establish
guidelines for the type of housing that may and may not be permitted in the Town.
Council Shall:
Policy R-8
Design and Appearance of Buildings:
Establish appropriate standards in the Zoning By-law to
regulate residential buildings with uncharacteristic
design and incompatible architectural styles to those
commonly found in Rothesay.
Policy R-9
Residential Dwelling Landscape Standards:
Establish in the Zoning By-law standards for the care and
maintenance of the required front and side yards on
developed properties visible from a public street such
that nominal standards for plants, shrubs, turf, and other
landscaping are in healthy condition and reinforce the
overall character as a well-cared for community.
Rothesay has experienced a slow, but gradual shift in its population. This change has required developers
to supply housing that better suits the needs of persons that are ageing and for non-traditional families.
These changes present a unique challenge in that there are few choices in housing in Rothesay and limited
lands to develop that are connected to municipal services. However, many sites exist within the Town that
are potential sites for infill development and may be ideal for a variety of residential land uses and
densities. This policy intends to allow the development of high-density residential development throughout
the Town, with conditions, to accommodate a changing population and supply additional housing.
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[34]
Council Shall:
Policy R-10
Residential Infill - Multi-Unit:
Consider, notwithstanding any other residential policy,
that new multi-unit residential development of higher
density may be appropriate throughout the entire plan
area, accordingly Council may consider multi-unit
dwellings and clustered forms of housing through the re-
zoning and development agreement process where such
development complies with the following requirements:
a) Subject lands are adjacent to or in close proximity to
collector or arterial streets and transit routes;
b) Subject lands are located at the periphery of low
density residential neighbourhoods;
c) The maximum density does not exceed 200 square
metres of land per dwelling unit;
d) Subject lands are in proximity to one or more of the
following land uses: commercial, parks and
recreation facilities, or institutional;
e) Subject lands are adequate in size relative to the
intensity
and
scale
of
the
proposed
land
development;
f) Excellence in site design best practices addressing
features such as Crime Prevention through
Environmental Design (CPTED) principles, urban
design, and high quality landscaping; and
g) A building design of high quality that is consistent
with community values and architectural best
practices.
Council Shall:
Policy R-11
Residential Design:
Develop architectural design guidelines and standards
for
residentially
designated
areas
where
the
architectural character of a neighborhood, corridor, or
area is deemed to be of special or unique value.
Council Shall:
Policy R-12
Sustainable Design:
Consider density bonusing provisions when processing a
multi-unit residential development rezoning application
where the proposal would comply with the Natural
Resources
Canada's
Green
Building
Certification
program or an equivalent standard.
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By-Law 1-20
[35]
Low Density Residential Designation
The Low Density Residential Designation comprises an area of 19,393 acres or 24 percent of the total land
area of Rothesay. The dwelling types in this designation are a mix of single-detached dwellings and duplex
dwellings. Most single-detached dwellings are situated on quarter, half, or full-acre lots.
The residents that live in these low-density residential areas of Rothesay highly value their
neighbourhoods, the natural settings, and the safety, privacy, and stability found here. These
neighbourhoods are highly sought after because many are in close proximity to schools, making them
ideal for families. The lots and homes are spacious and most neighbourhoods have mature trees and
manicured lawns, and many of the older neighbourhoods have architectural styles that encourage a social
lifestyle. Homes are also attractive, well sited, and appropriately scaled to their lots. These
neighbourhoods are safe and walkable. These low-density residential neighbourhoods throughout
Rothesay are unique, have long-time residents, and are generally based on a distinct custom home
development pattern. Most neighbourhoods have a network of interconnected streets, though there are
areas where the intended street network was not completed, resulting in dead end streets and poorly
connected neighbourhoods. Many local streets are narrow and many do not have curbing. This is a
reflection of the long history and perhaps more modest beginnings of the community, but the streets are
effective at minimizing speeding and shortcutting through neighbourhoods. Rothesay neighbourhoods
also have recognizable, distinguishable boundaries that are well known to long-time residents. These
boundaries are identifiable by the unique architectural design, building materials, and development
pattern of the lots.
Low-density single-family residential neighbourhoods will continue to be the primary land use in
Rothesay. As part of a community building process new homes, streets, and parks and open spaces must
contribute to the betterment of our existing neighborhoods by following best practice land use planning.
Rothesay neighbourhoods can be enriched and reinforced by protecting the existing residential character
through appropriate regulations and standards in this Plan.
The Municipal Plan will endeavor to maintain the traditional suburban character, architectural styles, and
overall development pattern for low-density residential uses. Council recognizes the tradition, heritage,
and pride residents have in their neighbourhoods. Accordingly, the following policies will seek to protect
Rothesay Municipal Plan
By-Law 1-20
[36]
these low density residential areas, while enabling opportunities for both traditional and contemporary
residential development.
Council Shall:
Policy LDR-1
Low Density Residential Designation:
Designate lands identified on the Generalized Future
Land Use Map as encompassing those areas of Rothesay
where the primary land use shall be Low Density
Residential.
Policy LDR-2
Low Density Residential Uses:
Allow within the Low Density Residential designation, a
range of housing types where the dominant form is single
family detached homes and other low-density forms of
housing, including secondary suites, two unit semi-
detached, secondary units, and duplex dwellings. Other
compatible uses may be permitted in the Low Density
Residential designation without amendment to the
Municipal
Plan
including
but
not
limited
to
neighbourhood convenience stores, public utilities,
parks, municipal facilities, and where appropriate home
occupations.
Policy LDR-3
Low Density Residential Zones:
Establish appropriate standards in the Zoning By-law to
regulate low-density residential development that is
appropriate for the neighbourhood in which it is located
by requiring appropriate setbacks, massing, height and
limits to the permissible uses in the following zones:
a) Single Family Residential - Small Lot (R1A);
b) Single Family Residential - Standard Lot (R1B);
c) Single Family Residential -Large Lot (R1C);
d) Single Family Residential - Estate Lot (R1D); and
e) Two Unit Residential (R2).
Rothesay Municipal Plan
By-Law 1-20
[37]
Medium Density Residential Designation
Rothesay's secondary form of residential dwellings includes semi-detached, attached, and clustered units.
This type of residential land use comprises 2641 acres or 3 percent of the entire land mass of Rothesay.
These residential dwellings typically have a small front and back yard, or share a common green area, and
are located in close proximity to the commercial land uses. Despite their proximity to higher intensity
uses, these neighbourhoods remain highly desirable. The relative affordability of these dwellings make
excellent starter homes for young persons and families, but also enable long-time residents the ability to
stay in Rothesay by downsizing. While these dwellings are smaller than traditional single-family detached
homes, the advantage is less maintenance is required. Furthermore, the desirable qualities of social
mixing and supportive neighbourhood interactions associated with the low-density residential areas are
also found in medium density neighbourhoods.
As our population continues to age attached residential dwellings, particularly garden homes, may
become more attractive as our senior population looks to downsize. Neighbourhoods can be enriched and
protected through the development of parks and municipal facilities. Moreover, medium density shall
continue to be developed in tandem with commercial development in an effort to encourage density and
reduce suburban sprawl. Council recognizes the importance of housing diversity, accordingly the following
policies will allow for a range of medium density residential land uses in Rothesay.
Council Shall:
Policy MDR-1
Medium Density Residential Designation:
Designate land identified on the Generalized Future Land
Use Map as encompassing those areas of Rothesay
where the primary land use shall be medium density
residential.
Policy MDR-2
Medium Density Residential Uses:
Allow
within
the
Medium
Density
Residential
designation, a range of housing types where the
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dominant form of housing is two unit semi-detached,
duplex dwellings, triplex-dwellings, fourplex dwellings,
row houses, garden homes, or clustered housing. Other
compatible uses may be permitted in the Medium
Density Residential designation without amendment to
the Municipal Plan, including but not limited to parks,
municipal facilities, single-family homes, neighbourhood
commercial, and public utilities.
Policy MDR-3
Medium Density Residential Zones:
Establish appropriate standards in the Zoning By-law to
enable medium density residential development that is
appropriate for the neighbourhood in which it is located
by requiring appropriate setbacks, massing and height,
and limits to the permitted residential uses in the
following zones:
a) Attached Unit Residential (R3); and
b) Clustered Residential (R4).
The traditional single-detached family home has, and likely will continue to be a staple of our suburban
community, though there are increasing interests in non-traditional homes. These dwelling styles have the
advantage of providing the physical characteristics of a traditional single-detached home, but on a smaller
area of land. Smaller homes on smaller lots may also appeal to the market of first time homebuyers as
well as individuals looking to downsize. The intent of this policy is to provide smaller scale traditional
housing as a permitted use in the Town.
Council Shall:
Policy MDR-4
Clustered Dwellings:
Establish appropriate standards in the Zoning By-law to
regulate a housing type that responds to changing
household sizes and ages (e.g., retirees, small families,
and
single
person
households)
while
providing
opportunities for ownership of small, detached clustered
dwelling units within a Medium Density residential
neighborhood and ensure the by-law requirements
safeguard compatibility of the development with
surrounding land uses. The Zoning By-law shall include
definitions of the housing types envisioned through this
policy as follows:
a) Cottage - A detached, single-family dwelling unit
containing 140 square meters (1,500 square feet) or
less of gross floor area.
b) Carriage Unit - A single-family dwelling unit, not to
exceed 75 square meters (800 square feet) in gross
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floor area, located above a garage structure in a
cluster dwelling development.
c) Two/Three-Unit Home - A structure containing two
or three dwelling units, designed to look like a single
detached single-family home.
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[40]
High-Density Residential Designation
The High-density residential designation makes up roughly 1358 acres of land 2 percent of the entire land
area of Rothesay. Recent high-density residential developments have contributed significantly to the
diversity in housing in the Town, and to the total increase in high-density residential designations.
High-density residential areas tend to be located in close proximity to commercial uses, and arterial
and/or collector streets. Typically, these high-density residential land uses are located on or adjacent to
arterial and/or collector streets, which promotes pedestrian connectivity and ease of access for residents.
The proximity to Rothesay's commercial areas reduces sprawl and creates a highly walkable
neighbourhood. These neighbourhoods typically promote social inclusion and interaction with
neighbours. Because these dwellings attract a diverse range of renters and/or owners there are plenty of
opportunities to meet new people. A growing number of residential developments in Rothesay are high-
density apartment or condominium dwellings. The increase in the number of these units may be explained
by a number of reasons, including a growing ageing population, changing market demands, an increased
demand, and a public shift away from interest in homeownership.
High-density residential land uses will continue to be a residential land use for Rothesay. As part of a
community that is experiencing consistent growth in its senior population, there are foreseeable demands
in non-traditional housing that better suits the needs of these persons. Furthermore, high-density housing
will follow a growing trend for young adults and young professionals to opt for non-traditional, single-
detached family residential dwellings. Rothesay may be further enhanced with an increase in housing
diversity, which may attract new homebuyers and retain existing residents.
Council recognizes the opportunity for increased high-density residential development in Rothesay and
the value that housing diversity provides. Accordingly, the following policies will enable a range of high-
density residential dwellings in Rothesay.
Council Shall:
Policy HDR-1
High-density Residential Designation:
Designate lands identified on the Generalized Future
Land Use Map as encompassing those areas of Rothesay
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where the primary land use shall be High-density
Residential.
Policy HDR-2
High-density Residential Uses:
Allow within the High-density Residential designation, a
mix of housing of types where the dominant form is an
apartment or condominium dwelling. Other compatible
uses may be permitted in the High-density designation
without amendment to the Municipal Plan, including but
not limited to parks, municipal facilities, public utilities,
clustered residential housing, and attached dwellings.
Policy HDR-3
High-density Residential Zones:
Establish appropriate standards in the Zoning By-law to
encourage
high-density
residential
development
appropriate for the neighbourhood in which it is located
by requiring appropriate setbacks, step backs, massing,
height, and limits to the permissible commercial uses in
the following zones:
a) Multi-Unit Residential (R5); and
b) High-density Residential (R6).
The commercial areas in Rothesay are focal points for residents, whether they are shopping or socializing.
Council recognizes this function of commercial space as potential opportunity sites where higher density
residential may be added as a means of providing people with better access to the Town's services, to
reduce sprawl, to permit a livelihood that allows for walkability and less car dependence, and to increase
density in and around the Town's commercial areas.
Council Shall:
Policy HDR-4
High-density Residential:
Consider that High-density Residential (R6) development
may be appropriate throughout the Commercial
Designation, and may consider multi-unit dwellings
through the re-zoning and development agreement
process
where
such
development
demonstrates
compliance with the following requirements:
a) Subject lands are adjacent to or in close proximity to
collector or arterial streets and transit routes;
b) The maximum density does not exceed 100 square
metres of land per apartment unit;
c) Subject lands are adequate in size relative to the
intensity
and
scale
of
the
proposed
land
development;
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[42]
d) The subject lands do not exceed 1 acre in total area
(or 40 apartment units);
e) Underground parking is provided;
f) Require the developer provide a technical wind and
shadow study, to be completed by a certified
professional, to ensure the proposed development
does not generate excessive wind or cast a shadow
on abutting properties or public road right-of-way
that would detract from the quality, enjoyment, or
use of the space.
g) Require the developer to complete a traffic impact
assessment for the proposed development on the
surrounding
area
completed
by
a
qualified
transportation engineer or other technical specialist;
h) Excellence in site design best practices addressing
features such as Crime Prevention through
Environmental Design (CPTED) principles, urban
design, and high quality landscaping; and
i)
A building design of high quality that is consistent
with community values and architectural best
practices.
Where a developer would undertake a project to add affordable housing units or age-friendly designed
dwelling units, clear regulations are required to identify how the building may accommodate the change
in density and height of the building. Accordingly, this policy allows Council to consider permitting an
increase to the building's total height, where the building meets specific building and design elements, for
adding affordable dwelling units or age-friendly dwelling units.
Council Shall:
Policy HDR-5
High-density Building Height:
Consider an increase to the building's height, where the
proposed height may exceed the maximum permitted
height, as described in the Zoning By-law, and the
number of units may be increased for the purpose of
complying with either Policy R1 or Policy R2 and where
the
proposed
development
site
demonstrates
compliance with the following requirements:
a) Subject
lands
are
designated
High-density
Residential on the Future Land Use Map;
b) Subject lands are zoned Multi-Unit Residential;
c) Sufficient on-site parking and green space is
provided;
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d) The building is designed to a high quality that is
consistent with architectural best practices; and
e) Subject lands are adjacent to or in close proximity to
collector or arterial streets or transit routes.
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By-Law 1-20
[44]
Commercial Designation
The lands designated as Commercial make up an area of 3847 acres or 5 percent of the total land area of
Rothesay. Lands that have been designated as commercial are limited to the area of lands on the
northwest side of the Mackay Highway, and are clustered around Rothesay's arterial streets and transit
route corridors, including Marr Road, Hampton Road, Campbell Drive, and Millennium Drive, with some
limited uses located outside these areas.
The commercial designation permits a wide variety of commercial uses, including General, Central,
Neighbourhood, and Recreational. Each of these uses allows for a range of commercial uses, and land use
intensities in Rothesay. This Plan envisions a broad range of commercial uses that will provide essential
services and leisure opportunities that may be accessible to all residents of Rothesay. The function of
these commercial uses is to promote local economic interest and create attractions and destinations. The
intent of this Plan is multifold; first, it is to establish a commercial corridor that is walkable, and pedestrian-
oriented. Second, it is to enhance commercial uses and provide greater diversity for residents of Rothesay
through policy in this Plan.
This Plan envisions a Central Commercial Zone that offers a mix of retail services that are highly valued by
our community. Many businesses provide services to Rothesay, including restaurants, grocery stores,
personal service, retail stores, and health and fitness facilities. Many businesses in this zone are local and
serve as destinations for many residents. This Plan will seek to establish the Central Commercial zone as
a walkable, pedestrian-oriented corridor in Rothesay through policy and zoning controls. It is the intent of
this Plan to ensure that development in this area is appropriate to the neighbourhood and the intent of
the zone; therefore, Council has created policy that will control land use in this zone.
The General Commercial Zone allows for a mix of retail and commercial services that, similar to central
commercial uses are essential to everyday life in Rothesay. Typical uses include franchise stores that are
otherwise not found in areas of Rothesay, making the General Commercial zone suited to higher intensity,
large-scale commercial development. This Plan will endeavor to establish the General Commercial zone
as an area for future retail growth that may provide additional services to our community. The intent of
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[45]
this Plan is to ensure that development in this area is conducive to the land use, and as such Council has
created policies that shall limit the uses in this zone.
This Plan will include a Commercial Recreation Zone that enables the operation and provision of private
clubs and/or pay per use recreational facilities in Rothesay. These services are highly successful and
provide recreational services beyond the scope of fitness centers for the enjoyment and leisure of
residents. The commercial recreational uses are spread throughout the Town, each offering a unique
service. The intent of this Plan is to support the ongoing use of these facilities, and where possible to
enhance them through policy.
This Plan also permits, in specific circumstances, Neighbourhood Commercial uses throughout the entire
Plan area where it is believed that the subject lands would be suitable to small scale, low intensity
commercial uses serving a neighbourhood. The intent of the Neighbourhood Commercial land is to
encourage walkability, density, and complete neighbourhoods. Council recognizes the value in having
access to essential commercial services and in creating complete neighbourhoods. Land use planning
practices determine complete neighbourhoods are those in which people may live, work, and play.
Council recognizes that Rothesay's primary land use will remain residential, and as such, commercial uses
will remain secondary to these uses. Council also recognizes the role that commercial uses will play in
Rothesay, in that they are meant to encourage local economic growth through employment and business
opportunities. The following policies will allow for a range of commercial uses throughout Rothesay that
support local businesses and promote local growth.
Council Shall:
Policy C-1
Commercial Designation:
Identify on the Generalized Future Land Use Map those
areas of Rothesay where the primary land use shall be a
range of Commercial land uses.
Policy C-2
Commercial Uses:
Allow within the Commercial Designation, a range of
commercial uses which include but are not limited to
financial services, office, personal services, medical
services, retail stores, restaurant, veterinary clinic,
grocery store, café, bakery, licensed establishment,
daycare facility, pet grooming, fitness and health
services, grocery store, microbrewery, cannabis and
alcohol retail, medical facilities, private clubs, and sports
facilities. Other compatible uses may be permitted in the
Commercial Designation without amendment to this
Plan, which may include public utilities, parks, recreation
facilities, mixed uses, and medium to high-density
residential uses.
Policy C-3
Commercial Zones:
Establish appropriate standards in the Zoning By-law to
allow for the development of a range of commercial land
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[46]
uses and require appropriate setbacks, massing, height,
and limits to the permissible uses in the following zones:
a) Central Commercial (CC);
b) General Commercial (GC);
c) Neighbourhood Commercial (NC); and
d) Commercial Recreation (CR).
Policy C-4
Commercial Design Standards:
Develop architectural design guidelines and standards
for commercially designated areas along Hampton Road,
Marr Road, Campbell Drive, and Millennium Drive.
The Municipal Plan identifies the opportunity to improve Rothesay's commercial corridor to accommodate
further commercial and residential development, to establish the Hampton Road and Marr Road areas as
commercial corridors. The success of businesses correlates to the access to people, therefore commercial
growth is synonymous with residential growth. To facilitate this gap, the Municipal Plan has identified an
opportunity to increase the intensity and scale of potential development so that residential and
commercial uses may coexist. The following policy provides regulation and land development controls for
the provision of mixed-use development.
Council Shall:
Policy C-5
Commercial Apartments:
In conjunction with Policy HDR-4 establish appropriate
standards in the Zoning By-law to regulate multi-unit
residential developments in combination with ground
floor commercial space as a mixed use development in
the Central Commercial (CC) zone, where compliance
with the following requirements can be demonstrated:
a) The building design is of high quality and is consistent
with community values and architectural best
practices;
b) The commercial uses shall be contained to the first
floor of the building; and
c) The apartment(s) shall:
i.
Not be located on the first floor of the
building;
ii.
Have a distinct, separate, exterior entrance
which is clearly distinguishable from the
commercial façade/entrance; and
iii.
Have dedicated parking that is separate from
the commercial use(s).
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By-Law 1-20
[47]
In service of residents, there are existing businesses that operate seasonal commercial activities such as
garden centers, restaurant patios and mobile food-trucks. While such businesses provide service to
residents, their activities will require appropriate regulation to ensure potential land use conflicts are
mitigated.
Council Shall:
Policy C-6
Temporary or Seasonal Business:
Establish appropriate standards in the Zoning By-law to
regulate the operation of temporary businesses and
seasonal sales within the commercial area.
The design and function of a commercial corridor is dependent on the accessibility to pedestrians, the scale
of the built form, and the location of the building in relation to the street. The framework of good urban
design requires that a space be constructed with the pedestrian in mind. The existing development of
Rothesay's commercial areas, including Hampton Road and Marr Road have traditionally been focused on
the use of these spaces for the automobile, which has in turn created a commercial area devoid of
pedestrians and dominated by the automobile. The following policy will require new development along
Rothesay's commercial streets be brought forward to abut the road right of way.
Council Shall:
Policy C-7
Commercial Street Frontage:
Require that all new buildings located along Hampton
and Marr Road front parallel to the greatest degree
possible to the road right-of-way, in order to create a
pedestrian friendly, commercial corridor.
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[48]
Many neighbourhoods in Rothesay are primarily residential, with a mix of parks or recreational facilities,
and some are located in close proximity to commercial uses. A mix of uses in a neighbourhood provides
the framework for the concept of creating a complete community, in which neighbourhoods allow persons
to live, work, and play. A corner store or neighbourhood commercial establishment is often an anchor for
a neighbourhood, which provides essential services or goods to residents. These businesses are typically
located on major roads or focal points in a residential area, typically on route to other destinations making
these businesses accessible to a large number of people. The high accessibility encourages walkability, and
discourages the need or use of a car, which further establishes these areas as social anchors. The following
policy allows Council to consider permitting the establishment of a neighbourhood commercial use,
provided it meets specific criteria.
Council Shall:
Policy C-8
Neighbourhood Commercial:
Consider small neighbourhood retail commercial uses in
the Rural, Low, Medium, and High-density Designations
by rezoning where compliance with the following
requirements is demonstrated:
a) Subject lands are adjacent to or in close proximity to
collector or arterial streets and transit routes;
b) The site is located on the edge of or periphery of a
low or medium density residential neighbourhood;
c) The market catchment for the use is intended to
serve the local neighbourhood and there is a
demonstrable need for additional neighbourhood
commercial in the immediate area;
d) The maximum gross floor area of the commercial use
does not exceed 50 square meters; and
e) The building is designed to a high quality that is
consistent with community values and architectural
best practices.
Rothesay Municipal Plan
By-Law 1-20
[49]
Rothesay Municipal Plan
By-Law 1-20
[50]
Light Industrial Designation
The lands designated as Light Industrial make up an area of 812 acres or 1 percent of the total land area
of Rothesay. The Light Industrial designated lands are limited to the northwest side of the Mackay
Highway, and along Campbell Drive and Marr Road. These lands are situated in high traffic areas on the
periphery of Rothesay's urban core to provide a high level of access to residents of the community, and
to ensure that existing residential communities are not disrupted by these higher intensity uses.
The Light Industrial land use designation, which is proportionally smaller than the other designations of
this Plan, is reflective of our suburban development pattern and of its history as a rural, seasonal cottage
community. It is the intent of this Plan to maintain our primary land use and function as a suburban
residential area. Historically, the light industrial uses of the past were essential to the function of
Rothesay. The intent of this Plan is to continue to provide essential services to the public through a range
of light industrial uses.
This Plan envisions a range of industrial uses that may provide additional services for our residents and
additional employment opportunities for the future, including a mix of office, industrial retail and service
establishments, light manufacturing, service and repair, storage, and landscaping and construction uses.
Of particular importance is Rothesay's neighbourhood character, which shall continue to be protected for
future generations. Accordingly, the following policies will support a range of light industrial land uses
while protecting the existing neighbourhood character of Rothesay.
Council Shall:
Policy LI-1
Light Industrial Area Designation:
Designate lands identified on the Generalized Future
Land Use Map as encompassing those areas of Rothesay
where the primary land shall be Light Industrial.
Policy LI-2
Light Industrial Uses:
Allow within the Light Industrial designation, a range of
industrial uses including but not limited to such uses as
motor vehicle sales, repair and rental; machine and
equipment sales, service, and rental; landscape material
and supply, light manufacturing and production, self-
storage, funeral home, office, and other similar uses as
set out in the Zoning By-law. Other compatible uses that
may be permitted in this designation without
amendment to the Municipal Plan include public utilities,
parks, and recreational facilities.
Policy LI-3
Light Industrial Zones:
Establish standards in the Zoning By-law appropriate to
the neighbourhood to allow for the development of Light
Industrial uses with required setbacks, massing, height,
screening and limits to the permissible light industrial
uses in the following zone:
a) Light Industrial (LI).
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[51]
Traditional Area Designation
The Traditional Area Designation comprises an area of 1688 acres or 2 percent of the total land area of
Rothesay. This core area was originally a part of Rothesay Corner, where Rothesay Road, Hampton Road,
and Gondola Point Road meet, and where the commercial centre of the former "Town of Rothesay"
began. For over 100 years this point served as a meeting area or cross roads for travelers from Saint John,
Moncton, Sussex, Fairvale, Gondola Point, and the Kingston Peninsula (Carson and Kelbaugh, 2010, p.
168). Over time, this area has transitioned, though many of its characteristics remain. The first notable
transition this area experienced was the introduction of the Rothesay Train Station, built in 1860, which
reduced the number of stagecoach travelers to and from Saint John, though more people used the train
to traverse the area. The second major shift came about with the use and adoption of the automobile.
Prior to the introduction of the train station, Rothesay was commonly known as the nine-mile point and
was a frequent stopping point for travelers (Carson and Kelbaugh, 2010). At the core is the Rothesay
Common, an iconic landmark that has been used since its inception as a popular location to host events,
celebrations, festivals, recreational activities, and casual social gatherings. The traditional area lands
around the Rothesay Common make a small, but diverse neighbourhood with a mix of residential,
commercial, institutional, and recreational uses. The development pattern and diversity of land uses
makes it apparent that this was once the core of Rothesay. The architectural styles have been preserved
through the use of the Rothesay Heritage Preservation By-law, which limits development in the area to
conform to the existing styles.
This part of community has become a highly appreciated area with respect to the preservation and
protection of the existing built homes and buildings. The central portion of the area centered on the
Rothesay Common is regulated through the Heritage Preservation By-law. The Municipal Plan will
continue to protect the inherent traditions in this neighbourhood by considering the existing uses, their
scale, density, and architectural styles. Future developments must consider how they may change the
established character of the area, and whether it detracts from the quality and enjoyment of this unique
neighbourhood. The development pattern of this area is highly walkable, and promotes a highly social
space. Homes reflect the traditional building styles and are maintained to reflect the importance of this
area.
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[52]
The Traditional Area will continue to be a significant land use designation of Rothesay. The residents of
this neighbourhood live in what is considered to be a complete community, one in which there are
opportunities to work, live, and play, making this a highly desirable place to live, and an area that
exemplifies a mixed-use neighbourhood. Further protection of this area through heritage by-law
regulations has ensured that uncharacteristic development does not alter the look and feel of this area.
Accordingly, the following policies will allow for a mix of residential uses throughout the Traditional Area
land use designation, while protecting the values and traditional character of this area.
Council Shall:
Policy TA-1
Traditional Area Designation:
Designate lands identified on the Generalized Future
Land Use Map as encompassing those areas of Rothesay
where the primary land use shall be Traditional Area.
Policy TA-2
Traditional Area Uses:
Allow within the Traditional Area designation, a range of
dwelling types including single-detached family homes,
garden homes, duplexes, row houses, Townhomes, two-
unit, and semi-detached dwellings; as well as commercial
and institutional uses. Additional compatible uses
include, but are not limited to public utilities, parks, and
municipal facilities.
Policy TA-3
Traditional Area Zone:
Establish appropriate standards in the Zoning By-law to
enable a diversity of land uses that are appropriate for
the neighbourhood in which they are developed by
requiring appropriate setbacks, massing, height, and
limits to permitted commercial uses in the following
zones:
a) Traditional Area (TA); and
b) Commercial Recreation (CR).
The Heritage area of Rothesay is regulated by the Town's Heritage Preservation By-law, to ensure that the
development and use of these lands and buildings are conducted in a way that development does not
destroy, alter, or negatively affect the characteristic use, aesthetic, or qualities. These lands are culturally
and historically significant to Rothesay. In the interest of preserving the established character of the build
form the following policy requires that architectural design guidelines and standards be created to ensure
the traditional area of Rothesay may continue to be regulated and that future development conforms to
the existing design characteristics that are valued by our community.
Council Shall:
Policy TA-4
Heritage Design
Develop architectural design guidelines and standards
for lands in the Traditional designated area where the
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By-Law 1-20
[53]
architectural character of a neighbourhood, corridor, or
area is deemed to be of special or unique value.
Not to be confused with the Traditional Area is a smaller district of buildings that are regulated by the
Rothesay Heritage Preservation By-law. This distinct and separate by-law controls the land use and
aesthetic style of all development within the Heritage area of Rothesay. This by-law provides strict controls
to ensure the built form of the heritage area may continue to be preserved. Accordingly, the following
policy intends to continue the regulation of this area in Rothesay through the Rothesay Heritage
Preservation By-law.
Council Shall:
Policy TA-5
Heritage Preservation:
Continue to regulate the lands within the Rothesay
Heritage Preservation Area as stated within the Rothesay
Heritage Preservation By-law and enacted under the
authority of the Heritage Conservation Act.
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[54]
Rothesay Municipal Plan
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[55]
Institutional Designation
The lands designated as Institutional make up 3241 acres or 4 percent of the total land area of Rothesay.
The Institutional Designation allows for a mix of services and recreational amenities that are critical to the
function of a municipality. Such uses include places of worship and spirituality, schools, government
offices and services, emergency and health services, community centres, and sports and recreational
facilities. The range of institutional uses are usually operated by a government agency, though some may
be privately owned and operated, including the Villa Madonna Retreat House, Rothesay Netherwood
School, and Touchstone Academy.
Institutional uses are located throughout our community, and are compatible with the neighbourhoods
in which they are located. Schools provide a strong anchor for these neighbourhoods and are typically
successful at attracting families to these areas. During the lifetime of this Plan it is expected that the
population dynamic of Rothesay will continue to shift, in that persons older than 50 will continue to grow,
while persons 20 and younger and persons between the ages of 20 and 34 will continue to decrease. With
this expectation, future consideration shall be given to what services will be needed in the future. We may
also consider what amenities or facilities may attract new residents, or retain our existing population, and
what may be provided to attract more people to our community. Rothesay's Age-Friendly designation is
an incredible asset to the Town's marketability, as it encourages ageing in place.
Our institutional uses can be categorized by their scale and/or intensity of use. Typically those uses that
are large in scale would be used by residents in multiple neighbourhoods, and serve as destinations for
community activities or events. Minor institutional uses are typically smaller, local uses that service a
neighbourhood. Police and Fire emergency services and the Rothesay Arena are examples of major
institutional uses, as they serve the public and provide services beyond the scope of a single
neighbourhood. Minor institutional uses may include schools and community centers, as they are typically
spread throughout Rothesay and are located within established neighbourhoods. Major institutional uses
are typically located along arterial or collector roads, while minor uses can be found on local roads. Areas
that are in close proximity to institutional land uses are typically highly valued by residents.
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Rothesay Netherwood School (RNS) is a private boarding and day school that provides university-
preparatory education to students between the grades of 6 and 12. The school is situated on 200 acres of
land, and provides education to 275 students. The school provides accommodations for 149 students,
male and female, in four different dormitories. RNS has a full kitchen and dining room, providing three
meals a day for students. Students and staff also have access to a chapel on-site. RNS provides a range of
programs and recreational opportunities, through sports teams, intramurals, and tournaments that take
place throughout the academic year. RNS has 3 tennis courts, 5 sports fields, a running track, an indoor
arena, and gym. There are 14 buildings, including dorms and educational facilities, in addition to the head
masters house and 10 dwellings that are included on the campus for staff.
RNS is a remarkable institution and campus surrounded by gentle hills and approximately 200 acres of
land with many trails for students to go hiking and enjoy the scenery with views out to the Kennebecasis
River and along Taylor Brook. In the spring of 2020 RNS began construction on a new 8000 square foot
science education building. The school has a Strategic Plan and Campus Master Plan and within the
timeframe of this Plan (2020-2030) it is anticipated RNS will continue additional expansion. The largely
undeveloped land holdings of the school present many opportunities for future campus master planning.
Updates to the schools recreational facilities have been completed recently, though future outdoor
amenities may be required. Student accommodations may also require updating, and new housing will
likely be required if the school were to expand. Council recognizes the long history RNS has in Rothesay,
and the service it provides to students. It is expected that RNS will continue to grow in the future.
Accordingly, policy encourages future growth and development at RNS, through a variety of uses that will
enable institutional education operations and services while permitting for a range of associated campus
uses.
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[57]
Council recognizes the importance and value of institutional uses in Rothesay and their role in supporting
the daily life of our residents. Council also recognizes that Rothesay's proximity to Saint John and
Quispamsis provides opportunities for collaboration in the future and Rothesay will continue to seek
opportunities to meet the needs of its residents. Accordingly, the following policies will ensure that
essential institutional services are provided to residents.
Council Shall:
Policy IT-1
Institutional Designation:
Designate lands identified on the Generalized Future
Land Use Map as encompassing those areas of Rothesay
where the primary land use shall be Institutional.
Policy IT-2
Institutional Uses:
Allow within the Institutional Designation, a range of
uses that may provide services to persons of all ages,
abilities, and interests, including arena, school, art
gallery, place of worship, day care, sports complex,
museum, police station, fire hall, library, community hall,
assisted living facility, cemetery, nursing home,
retirement complex, cultural centre, medical clinic, and
government office. Other compatible uses may be
permitted in the Institutional Designation without
amendment to the Municipal Plan, including but not
limited to public utilities, parks, and semi-detached,
Townhouse, duplex, garden homes, or attached
dwellings.
Policy IT-3
Institutional Zones:
Establish standards in the Zoning By-law to regulate
institutional
development
appropriate
for
the
neighbourhood in which it is located, by requiring
appropriate setbacks, massing and height requirements,
and the limits to the institutional uses in the following
zones:
a) Institutional (INS); and
b) Rothesay Netherwood School (RNS).
As Rothesay's population continues to age, and our senior population becomes more dependent, a shift in
housing may be required to accommodate the changing needs of our ageing population. Assisted living
and retirement homes may provide the support and services necessary to ensure our ageing and
dependent residents are able to continue living in our community. Accordingly, the following policy intends
to provide the standards necessary in the Zoning By-law to allow for assisted living and/or retirement
homes.
Rothesay Municipal Plan
By-Law 1-20
[58]
Council Shall:
Policy IT-4
Assisted Living and Retirement Homes:
Establish appropriate standards in the Zoning By-law to
regulate the location of assisted living facilities or
retirement homes in Rothesay, particularly on large sites
that may accommodate phased growth, high-density,
and/or be able to provide on-site, private recreational
and communal facilities.
Accessibility to municipal facilities is an important value in determining where people choose to live.
Rothesay is fortunate to offer many municipal facilities and in the future may provide additional services
as Rothesay grows. The potential to provide municipal facilities is dependent on the built form, where
distance and the relative density of the population account for the accessibility to a service. The concept
of complete communities bridges the gap between these two factors and encourages a built form that
supports a live, work, and play culture. Through this approach land uses are mixed-use and accommodate
high-density residential, commercial, and institutional uses. In an effort to consider the potential for
providing additional municipal facilities in the future that may be accessible to more families and users,
the following policy allows for a mixed-use institutional and residential zone where specific criteria can be
met in the Zoning By-law.
Council Shall:
Policy IT-5
Mixed-Use Institutional:
Establish appropriate standards in the Zoning By-law to
allow mixed-use institutional development where the
use is a mix of residential and institutional uses;
accordingly, Council may consider semi-detached and
attached
dwellings
through
re-zoning
and
the
development
agreement
process
where
such
development can meet the following criteria:
a) Subject lands are adjacent to or in close proximity to
collector or arterial streets and transit routes;
b) Subject lands are in proximity to one or more of the
following land uses: commercial; parks; and
recreational facilities;
c) Subject lands are adequate in size relative to the
intensity and scale of the proposed development;
d) Sufficient on-site parking is provided;
e) The building is designed to a high quality that is
consistent with community values and architectural
best practices; and
f) The residential dwellings are limited to low and
medium density uses.
Rothesay Municipal Plan
By-Law 1-20
[59]
Infill development has the advantage of being able to be developed on a site that will typically have access
to services, which reduces costs and urban sprawl, and will often be located in an existing, established
community, which is ideal for attracting new users or customers or homebuyers. Furthermore, infill
development can be advantageous where the proposed development makes use of existing lands that are
underutilized. In an effort to increase access to municipal services and facilities, this policy intends to
consider allowing the ability to develop institutional uses through infill development where specific
requirements can be met.
Council Shall:
Policy IT-6
Institutional Infill:
Consider, notwithstanding any other institutional policy,
institutional development that provides Rothesay with
services that may be appropriate throughout the entire
Plan area; accordingly, Council may consider government
offices and buildings, assisted living facility, daycare,
sports complex, nursing home, retirement complex,
medical clinic, or health and emergency services through
the re-zoning and development agreement process
where such development demonstrates compliance with
the following requirements:
a) Subject lands are adjacent to or in close proximity to
collector or arterial streets and transit routes;
b) The subject lands are in close proximity to one or
more of the following land uses: commercial,
medium or high-density residential;
c) Sufficient on-site parking is provided; and
d) The building is designed to a high quality that is
consistent with community values and architectural
best practices.
Rothesay Municipal Plan
By-Law 1-20
[60]
Rothesay Municipal Plan
By-Law 1-20
[61]
Parks and Conservation Designation
The Parks and Conservation Designation comprise an area of 16,311 or 20 percent of the total land area
of Rothesay and permits a range of uses, including green spaces, parks, and conservation areas. Lands
designated as Parks and Conservation are located throughout the Plan area, with a particular focus on
Rothesay's waterfront, the municipal watershed and wellfield, and Town parks. Additional areas are those
that have been determined to be environmentally sensitive areas, such as Taylor Brook and Renforth Bog.
Lands have also been designated for their function as a park and have been classified as such to preserve
these green spaces for the future, and to meet the general intent of the 2009 Rothesay Recreation Master
Plan.
Lands zoned for Open Space and Conservation make up those lands that are intended to protect the
natural and built environment, including both private and public features, infrastructure, and
development. The Open Space and Conservation zone will be used throughout Rothesay as a means of
protecting lands for future generations and to restrict development in certain areas of the Town,
particularly those areas that are susceptible to damage from flooding and areas determined to be
sensitive to development. One such area is the Renforth Bog, a provincially designated wetland that is
located west of the Mackay Highway near the Fox Farm Road. The wetland serves a multitude of functions,
including its role in providing a natural habitat for wildlife and as its ability to manage stormwater runoff.
The 2019 Secondary Planning Study identified future open space and recreation trails such as the Hillside
Trail from Grove Avenue continuing past the golf course and then parallel the Wiljac Street extension up
to Riverside Drive. This provides access to the future institutional lands and the Renforth Bog wetland,
which was identified as a future open space area.
The 2019 Secondary Plan also recognized Spyglass Hill as an important cultural and recreational amenity
in Rothesay. The top of Spyglass Hill is one of the highest points in Rothesay, with excellent vistas of the
Kennebecasis River and Long Island. While this area is used by many residents, and is considered an
incredible community asset the lands remain privately owned in 2021, and therefore are subject to
development pressure. The Secondary Plan proposed that a portion of these lands be conserved for park
use, and the remainder of the lands be developed with a mix of low, medium, and high-density residential
Rothesay Municipal Plan
By-Law 1-20
[62]
uses. The Secondary Plan proposed that 15 to 18 acres of land would ensure this recreational amenity is
preserved as the area develops. The approach to developing a public park on Spyglass Hill is dependent
on the level of cooperation from the landowners, as well as the public's commitment to acquisition of
these lands.
The Neighbourhood Park zone is found throughout Rothesay's residential neighbourhoods and provides
a small scale, low intensity park use that supports a service area up to 0.8 kilometres. These parks are
located on local streets in neighbourhoods. The Rothesay Recreation Master Plan (2009) indicates that
additional Neighbourhood Parks need to be added to Rothesay in order to meet the recommended
standards setout in the Master Plan. Parks that have been identified in Rothesay as Neighbourhood Parks
include: Highland Avenue/Clermont Avenue Playground, Donlyn Drive Playground, Islay Drive Playground,
Stuart Dobbin Memorial Park, Dobbin Street Playground, Monaco Drive Playground, and the James
Renforth Rotary Park.
The Community Park zone is found in limited areas of Rothesay. Community Parks are typically moderate
in scale and intensity, and are effective at providing accessible park space up to an area of 1.5 kilometers.
These parks are located on local or collector streets and will typically feature a playground, sports fields,
baseball diamonds, community gardens, trails, and small municipal facilities. An assessment of the
Rothesay Recreation Master Plan indicates that Rothesay requires additional community park lands. Parks
that have been identified in Rothesay as Community Parks include: J.M. Fitzgerald Memorial Field, East
Riverside-Kingshurst Park, Scribner Crescent Playground and Ball Field, James Renforth Wharf, Beach, and
Playground, Fairvale Outing Association Ball Field, Steele Kennedy Nature Park, and Jordan Millar Park and
Beach.
Rothesay Municipal Plan
By-Law 1-20
[63]
The Regional Park zone is located in specific locations of Rothesay, as these parks serve primarily as green
space with limited active recreation uses. Regional Parks are typically large in scale and have a moderate
to high land use intensity with a service area of up to 30 kilometers. Typical uses of Regional Parks include
trails, sports fields, recreation facilities, outdoor rinks, community gardens, stage and pavilion, dock and
marina, and playgrounds. The Rothesay Recreation Master Plan indicates that Rothesay requires
additional regional parklands. Rothesay's regional parks include the Rothesay Common, Wells Recreation
Park, and James Renforth Rotary Park.
Rothesay is well known for its heavily treed neighbourhoods, its access to green space and parks, and for
the quality of its natural environment. Residents have a strong connection and appreciation for their
outdoor areas and consider them an asset to Rothesay. For many residents the green spaces of our
community are one of the attractions that bring them to Rothesay. The following policies will endeavor
to protect these spaces for future generations by limiting development in these areas and provide
regulations to allow green spaces and parks to meet the needs of our residents.
Council Shall:
Policy OsC-1
Parks and Conservation Designation:
Designate lands identified on the Generalized Future
Land Use Map as encompassing those areas of Rothesay
where the primary land use shall be Park and
Conservation.
Policy OsC-2
Parks and Conservation Uses:
Allow within the Parks and Conservation Designation a
range of passive and active recreation uses, including but
not limited to the following uses: trail, playground,
beach, swimming pool, outdoor rink, sports field, stage,
pavilion, clubhouse, community garden, park, dog park,
and green space. Other compatible uses may be
permitted in the Park and Conservation Designation
Rothesay Municipal Plan
By-Law 1-20
[64]
without amendment to this Plan, including public utilities
and municipal facilities.
Council Shall:
Policy OsC-3
Parks and Conservation Zone:
Establish standards in the Zoning By-law to allow for a
range of conservation and park uses appropriate to the
neighbourhood in which it is located, by limiting the
permissible uses in the following zones:
a) Open Space and Conservation (OsC);
b) Neighbourhood Park (NP);
c) Community Park (CP); and
d) Regional Park (RP).
As Rothesay continues to develop and grow the demand for parks and recreational space may change. We
must also anticipate that a changing climate will affect some of our more environmentally sensitive lands.
For this reason it is critical to provide opportunities for lands to be used in alternative ways in the future,
accordingly, the following policy allows parks and conservation lands to be permitted throughout the
Rothesay Plan area notwithstanding any other policy in the Plan. The value of this policy allows Council
and staff to react to changing societal demands and changing climactic conditions.
Council Shall:
Policy OsC-4
Park and Conservation Infill:
Recognize that notwithstanding any other policy in this
Plan, new parks and conservation lands may be added
throughout the entire Plan area to conserve lands, or to
satisfy the requirements of the Rothesay Recreation
Master Plan.
As a means of protecting public infrastructure and municipal facilities, Council will consider acquiring
through private purchase lands that are considered to be environmentally sensitive. These lands may be
considered environmentally sensitive because of their location, their threat from changing climactic
conditions, or may be environmentally significant because the lands serve a cultural, social, or economic
function for Rothesay. In the interest of protecting private property, Council will take a firm stance in
requiring private property be protected by private interests. However, Council will support the acquisition
of these lands if there is public value in making them conservation lands. The intent of this policy is to allow
Council to consider purchasing lands where they believe the lands would
Council Shall:
Policy OsC-5
Land Conservation Acquisition:
Consider acquiring lands that are identified as being
environmentally sensitive for the purpose of land
conservation within Rothesay.
Rothesay Municipal Plan
By-Law 1-20
[65]
Where existing homes are located on lands that are designated Open Space Conservation in the Municipal
Plan but zoned for residential use these homes will be allowed to continue, provided that no new
subdivision development is proposed. The intent of this policy is to ensure new homes are not built in the
Open Space Conservation designation in the future. This allows existing long-term homeowners to
continue living in their homes and does not penalize new homeowners.
Council Shall:
Policy OsC-6
Residential Conservation Existing Use:
Establish standards in the Zoning By-law to regulate
existing residential dwellings within the Open Space
Conservation Designation, where exisiting homes are
zoned for residential use.
Spyglass Hill is for many an escape to the great outdoors and a greenspace that offers excellent hiking and
walking trails with scenic views of the Kennebecasis River. However, these lands are private, and may well
be subject to development in the future. While the Spyglass Hill area is widely used by the public, there are
private interests in these lands. In an effort to meet the interests of all stakeholders the following policy
has provided Council with a clear direction in prioritizing the acquisition of Spyglass Hill land through the
land for public purposes subdivision process as public parkland.
Council Shall:
Policy OsC-7
Spyglass Hill:
Prioritize the acquisition of land on Spyglass Hill
identified as Park and Conservation in Schedule A of the
Plan through the land for public purposes subdivision
process, and or direct acquisition from private
landowner(s).
Rothesay Municipal Plan
By-Law 1-20
[66]
The Rothesay Common is a well-known community space often used as a social and cultural center for
festivals, community events, and activities. The Common continues to serve an important role as a park
and recreation facility. Upgrades to the Common in 2015 provided many new features and allowed for
greater uses year round; however, the upgrades did raise questions of how the Common was to be
developed and what restrictions were enforced. In the interest of ensuring the Rothesay Common may
continue to serve as a relevant and vital community facility, the following policy requires Council be
responsible for creating a master plan detailing how the Common may develop and be used in the future.
The intent of this policy is not to change the Common, rather it provides an opportunity to gain feedback
from the public in how the Common may continue to serve the interests of our community, and where
change is desired, have it conducted through a planned approach. In 2016, the Canadian Institute of
Planners recognized the Rothesay Common with the People's Choice for Public Space in the National Great
Places in Canada Award.
Council Shall:
Policy OsC-8
Rothesay Common:
Prepare a Rothesay Common Master Plan within the
timeline of this Municipal Plan that identifies a long-term
strategy for the management, capital reinvestment, and
potential expansion of the Rothesay Common, including
the following items:
a) Developing a landscaping care and maintenance
plan:
b) Reinforcing the aesthetic values of the Common;
c) Addressing emerging recreational trends and needs;
and
d) Ensuring the preservation of the Common's cultural
and heritage significance
Rothesay Municipal Plan
By-Law 1-20
[67]
The Renforth Bog is a Provincially Significant Wetland (PSW), being an area identified by the province as
one of the more ecologically valuable wetlands in New Brunswick. For that reason, the Provincial
regulators do not permit development on or around the bog. In an effort to protect this area and to expand
future possibilities of providing walking and hiking trails, this policy provides Council with regulation to
prioritize the acquisition of land around the Renforth Bog by acquiring land through the land for public
purposes subdivision process.
Council Shall:
Policy OsC-9
Renforth Bog:
Prioritize the acquisition of land in and around the
Renforth Bog identified as Park and Conservation in
Schedule A of the Plan through the land for public
purposes subdivision process, and or direct acquisition
from private landowner(s).
Rothesay Municipal Plan
By-Law 1-20
[68]
Rural Designation
The lands designated as Rural comprise an area of 32,557 acres or 39 percent of the total land area of
Rothesay. This area is limited to the southeast side of the Mackay Highway. The Rural designated lands
are largely undeveloped at this time (circa 2021), and the decision and precedence for doing so in the
future will be based upon growing development pressures in Rothesay, and the need to provide more
developable land. At this time, Rothesay has an ample supply of infill sites capable of being developed.
The majority of these lands will remain undeveloped due to challenging topography of the area, and the
existing infill development opportunities in the Hillside South and Hillside North Planning Areas. Municipal
services are also not available southeast of the Mackay Highway and are not expected to be during the
lifetime of this Plan. The predominant form of land use is residential, though the Rural Designation allows
for a mix of uses including commercial, industrial, institutional, open space and conservation, parks, and
Holding zone.
The Rural designation accommodates suburban living, but at a scale and intensity more fitting to a rural
setting. The rural residential neighbourhoods may be characterized by their large lots, heavily treed
properties, and quiet streets. These qualities are reflective of much of the housing, but the rural land uses
accommodates much larger residential developments, which further diversify the available housing. This
area captures the rural, agricultural history of the community that was so cherished when it was founded.
The Holding zone is identified as lands that are considered to be premature for development. These lands
may be undesirable for development because of a lack of municipal services and infrastructure. Lands
development may also be premature or undesirable due to the land location, the topography of the land,
and existing municipal or provincial policies that limit or prohibit development opportunities on certain
lands. This zone also serves as a land use control method that regulates potential development. Lands
zoned as Holding may require an in depth planning review and master planning to determine how
development will proceed.
The Highway Commercial zone provides a service that caters to commuters and travelers in Rothesay, but
also to persons in the greater Kennebecasis Valley area. The location of our highway commercial site is
accessible directly off the highway, where other highway commercial uses and services are conventionally
Rothesay Municipal Plan
By-Law 1-20
[69]
accessed off a highway exit service road. Rothesay's highway commercial establishment, the Route 1
Irving Big Stop, is a gas station, truckers rest, and restaurant destination for the travelling public and more
locally for residents. The business is expected to continue to be a destination. The Highway Commercial
zone also extends beyond the Route 1 MacKay Highway to French Village, where commercial
establishments may be found along major roads as a means to provide essentials to these
neighbourhoods.
Council recognizes that this area is unique to Rothesay and sees the value that it provides to the
community and the residents of the area. The intent of this Plan is to protect the existing neighbourhood
character, and quality of life present in the rural area of Rothesay, while providing additional land use
opportunities for the future. Accordingly, the following policies will preserve these land uses while
encouraging additional development possibilities.
Council Shall:
Policy RU-1
Rural Designation:
Designate lands identified on the Generalized Future
Land Use Map as encompassing those areas of Rothesay
where the primary land use shall be Rural.
Policy RU-2
Rural Uses:
Allow within the Rural Designation, a range of uses,
including
highway
commercial,
neighbourhood
commercial, rural, un-serviced rural residential, open
space and conservation, public park, municipal
watershed, municipal wellfield, and holding areas. Other
compatible uses that may be added to the Rural
Designation without amendment to the Municipal Plan
include public utilities and municipal facilities, and parks.
Policy RU-3
Rural Zones:
Establish standards in the Zoning By-law to allow for
appropriate uses in the neighbourhood and area in which
the use is to be located, by requiring appropriate
Rothesay Municipal Plan
By-Law 1-20
[70]
setbacks, massing, height, and limits to the permissible
rural uses in the following zones:
a) Highway Commercial (HC);
b) Rural Industrial (RI);
c) Rural Residential Un-Serviced Small Lot (R1-
UNS);
d) Rural Residential Un-Serviced Large Lot (R1-
UNL);
e) Open Space and Conservation (OsC);
f) Holding/Reserve (H); and
g) Institutional (INS).
Policy RU-4
Highway Commercial Zone:
Allow highway commercial uses in the Rural Designation
by rezoning where compliance with the following
requirements is demonstrated:
a) The subject site is located on a Provincially
designated 100 series highway or major arterial
street;
b) There is a demonstrable need for additional
highway commercial in the area; and
c) Consideration is given to site suitability,
including such considerations as road access,
availability of services, compatibility with
surrounding land uses, and is of high quality
design and landscaping.
Rothesay Municipal Plan
By-Law 1-20
[71]
A long-term planning approach is considered when reviewing the regulations of land development and the
designation of lands for future uses. To understand how lands may be used in the future, a comprehensive
knowledge of Rothesay is required to identify what demands we may have in the future. To ensure the
appropriate lands are available for the uses required, some lands are reserved to provide for future
development opportunities where demand merits the extension of services and infrastructure. Lands must
also be reserved for future uses to ensure there is ample space to provide growth, and at a time that goes
beyond the lifetime of the Municipal Plan. Holding Zones are an effective way of designating lands for
future development by requiring developmental controls to ensure the lands are not being developed
prematurely, and that the lands will be developed in a planned, coordinated approach by connecting
existing infrastructure and roads to future connections. Accordingly, the following policy shall provide
Council with clear direction to not allow development within a Holding Zone until certain development
conditions arise.
Council Shall:
Policy RU-5
Holding Zone Development Restriction:
Regulate within the Holding Zone all uses prior to the
completion of a detailed plan, which shall identify and/or
designate lands for future land use, streets, or public
services. Council shall determine whether lands shall be
rezoned from the Holding zone, based upon the
following criteria:
a) The amount of existing greenfield, infill sites
available in Rothesay;
b) The proposed land use;
c) The services required; and
d) The capital costs of municipal services and
infrastructure
Rothesay Municipal Plan
By-Law 1-20
[72]
Environment and Open Space
Rothesay residents have a strong connection to the natural environment. The transitional topography
along the Kennebecasis River Valley ranges from gently sloping hills to wooded inland open space areas
and areas that provide visual opportunities including parks and green spaces, with pleasant river views.
Rothesay residents value the environment as an important part of their daily experience and consequently
worthy of protection and preservation for future generations. Residents also enjoy the suburban lifestyle
that offers many luxuries not afforded in cities. This section provides policies meant to protect the natural
environment and open spaces from development pressures and changing climactic conditions.
Residents continue to enjoy the natural features, and have maintained a close connection to the
environment throughout its history, creating social and economic ties with the land. Rothesay and its
residents have endured a changing environment too. With more frequent and severe storms, higher flood
levels, and harsh weather events, residents have to combat a changing climate. In the future greater
consideration must be given to how development impacts the natural landscape, and how in turn the
environment may affect the development of land. Growth and development shall be done through a
planned approach whereby values and interests are preserved, and the natural and physical features are
protected from a changing climate and natural events. Accordingly, the following policies will preserve
the social, cultural, environmental, and economic value of our natural and built environment.
The development of land strikes a careful balance between preserving the natural environment and
providing additional places to live, work, and enjoy in our community. In identifying this balance, we must
recognize as a community that there are requirements to satisfy sustaining the operation of a community;
however, we must also acknowledge that the development that may sustain Rothesay may also alter or
harm the natural and physical environment if left unchecked. Accordingly, the following policy ensures that
Council will require development does not affect, alter, or harm Rothesay's natural or physical
environment.
Rothesay Municipal Plan
By-Law 1-20
[73]
Council Shall:
Policy GE-1
Environmental Preservation:
Ensure that development does not affect, alter, or harm
Rothesay's natural or physical environment or the quality
of these spaces as a social, cultural, economic, spiritual
space, or historical feature.
Rothesay's Wellfield and Watershed area has been defined to include lands owned by both the Town and
private stakeholders. In the interest of providing safe, accessible drinking water to residents, it is in the
best interest of Rothesay to protect the water source within the existing wellfield and watershed.
Accordingly, the following policy provides Council with the regulatory authority to acquire privately owned
lands and exercise land development controls to regulate the use of lands in Rothesay's wellfield and
watershed area.
Council Shall:
Policy GE-2
Environmental Conservation:
Acquire land within Rothesay's designated wellfield and
watershed
areas,
or
lands
determined
to
be
environmentally sensitive in order to protect and
preserve the natural and physical environment of
Rothesay through:
a) Appropriate zoning and land use controls;
b) Conditions of a development agreement; and
c) Land acquisitions, where appropriate.
Rothesay Municipal Plan
By-Law 1-20
[74]
Rothesay Municipal Plan
By-Law 1-20
[75]
CHAPTER 3 - MUNICIPAL SERVICES & INFRASTRUCTURE
Access to quality services and community infrastructure are essential to supporting a sustainable and
resilient community. Maintaining and renewing infrastructure and supporting the delivery of services in our
community can present a major challenge to the fiscal and policy realities of Rothesay.
As of 2021, Rothesay has enjoyed good quality municipal services and infrastructure. Town officials are well
aware that from an economic standpoint, failing to provide or having inadequate infrastructure impedes
new economic opportunities, which makes existing activities more expensive (and therefore less
competitive), and reduces the likelihood that communities will be able to attract and retain people.
Accordingly, Rothesay takes pride in the quality of its municipal services and infrastructure associated with
wastewater collection and treatment, drinking water treatment and distribution, and the positive effect it
has on livability, economic competitiveness, development capacity, and the overall well-being of Rothesay
residents.
The water and sewage infrastructure in Rothesay is essential to the operation of the commercial businesses
and many of our resident's homes. Moreover, Rothesay takes responsibility for the maintenance of these
services and their function as a basic service to residents. The following policy will ensure that these
services continue to be provided in a financially sustainable manner.
Council Shall:
Policy MS-1
Service Statement
Ensure that the sewage and water infrastructure under
Rothesay's jurisdiction is provided in a manner that will
sustain the water resources upon which such services
rely is financially sustainable, and that the operating
utilities comply with all regulatory requirements for the
protection
of
human
health
and
the
natural
environment.
Rothesay Municipal Plan
By-Law 1-20
[76]
Rothesay's water and sewage infrastructure is complex. While the majority of this infrastructure has been
mapped and cataloged, through time the exact locations and service points have become unclear. To
ensure that the continual operation of service of the water and sewage infrastructure in Rothesay may
continue, Council has adopted the following policy to require that a long range water and sewage master
plan be prepared, implemented, and then used to monitor this infrastructure.
Council Shall:
Policy MS-2
Servicing Plans
Prepare, implement, and monitor a long-range water
and sewage master plan to help direct the development
and operation of the municipal servicing systems; where
such a plan is prepared, the following aspects shall be
considered:
a) Examine the long range servicing system
requirements of Rothesay;
b) Provide
a
strategy
that
addresses
the
comprehensive long-term servicing needs of
Rothesay and ensure they are consistent with
the development and growth objectives outlined
in this Plan;
c) Identify major problems or deficiencies in the
existing systems;
d) Identify
and evaluate
various
alternative
solutions to solve long range servicing problems
or deficiencies;
e) Establish
the
preferred
solution
and
corresponding implementation measures; and
f) Any other considerations as deemed necessary.
The provision of quality services and infrastructure are essential to the long-term sustainability and
development of Rothesay and the health of our residents. Renewing outdated services and supporting the
delivery of Rothesay's existing service infrastructure can present a variety of problems, including meeting
fiscal demands and budgets and in meeting a range of municipal policies. The importance of providing
adequate services cannot be overlooked as they serve a vital role in providing a healthy quality of life for
residents, allow businesses to operate, and will attract potential new residents and businesses in the
future. However, a balance must be continued to ensure the expansion of services is done so in a fiscally
responsible way, and in a developmentally sustainable way, to avoid over expansion. Accordingly, the
following policy provides clear guidance when new or expanded services may be desirable in our
community.
Rothesay Municipal Plan
By-Law 1-20
[77]
Council Shall:
Policy MS-3
Service Expansion
When considering new or expanded services, give
priority to:
a) Areas identified as experiencing problems
related to insufficient quality and/or poor quality
of existing wastewater disposal or sources of
water supply;
b) Existing neighbourhoods within a reasonable
distance of the wastewater or water supply
system where there is a demonstrated need and
sufficient supply capacity; and
c) Areas that would provide looping of existing
infrastructure thereby enhancing reliability of
the municipal system(s) in the local area.
The provision of water and sewage services is a required basic service of any home. While homes located
in the rural area are not connected to Rothesay's municipal services, the Province and Town regulate the
services provided on each lot to ensure that homes have adequate services. To ensure that homes are
supplied with adequate services that meet the demands of their use, all residential development shall
require a permit prior to the construction of the home.
Council Shall:
Policy MS-4
Rural Services
Require that all development designated as Rural shall be
served by private sewer and water systems. Prior to
deciding on a discretionary application or the issuance of
a Development or Building permit, Rothesay in
consultation with the relevant Provincial Departments
and any other pertinent agencies, shall ensure that there
is an adequate on-site supply of potable groundwater
and that on-site soils and lot sizes are adequate for the
required sewage disposal system. Minimum lot sizes for
lots with individual private sewer and water systems
shall be set forth in the implementation of the Zoning By-
law, although larger lot sizes, as may be required by the
Province, shall prevail.
Rothesay Municipal Plan
By-Law 1-20
[78]
Transportation
Rothesay completed an Active Transportation (AT) Plan and Traffic Study in 2012-2013. The primary goal of
the AT Plan was to develop a 10-year implementation plan of active transportation facilities throughout
Rothesay that included bike lanes, sidewalks, and multi-use trails, while the primary goal of the Traffic Study
was to evaluate and recommend road network improvements and prioritize those recommendations over
a 10-year implementation period. The two studies were carried out at the same time allowing to coordinate
recommendations.
In 2017, four years into the planning periods of the two studies, the Town hired consultants to review and
update the two plans and produce a concise, consolidated report. This updated document contains a
summary of implementation progress made to date and provides coordinated recommendations over a 5-
year implementation timeframe with cost estimates for each improvement. This will be a guiding document
that coordinates capital roadwork priorities with the sidewalk and trails program that allows for annual
tracking of progress.
In coordination with the transportation report from 2017, active transportation facilities and infrastructure
will need to be identified and created where demand deems necessary. As a measure of importance a list
of Active Transportation Priorities will be created in an effort to identify these facilities and infrastructure.
Priority will be based on importance, function, and length of time. Accordingly, the following policy requires
Council to create and maintain a list of active transportation priorities over the lifetime of the Municipal
Plan to ensure that facilities and infrastructure demands are met.
Council Shall:
Policy GT-1
Active Transportation
Maintain a list of Active Transportation Priorities and
update an implementation plan of active transportation
Rothesay Municipal Plan
By-Law 1-20
[79]
facility improvements to be prioritized over short term
(0-2 years), medium term (2 to 5 years), and long term
(5-10 years) implementation timeframes. Those facilities
may include the following:
a) Dedicated bicycle lanes, shared lanes, and signed
bicycle routes;
b) New sidewalks and pedestrian street or highway
crossings;
c) Paved roadway shoulders; and
d) Hard and gravel surfaced multi-use trails.
Following the creation of the consolidated transportation study by consultants in 2017, Rothesay has
continued to upgrade and maintain roads throughout Rothesay. To have a clear understanding of future
work, Council will create a road and network priorities list to identify what roads must be improved based
on existing conditions. Accordingly, the following policy requires Council to create a Road Network
Priorities list to be used over the lifetime of the Municipal Plan to ensure Rothesay's roads and road
network are maintained and upgraded to meet demand and safety requirements.
Council Shall:
Policy GT-2
Transportation
Maintain a list of Road Network Priorities and update an
implementation plan of road network improvements
(exclusive of regular maintenance) based on existing and
future traffic needs and deficiencies, as well as other
factors to improve safety and quality of life in the Town
prioritized over short term (0-2 years), medium term (2
to 5 years), and long term (5-10 years) implementation
timeframes.
Rothesay Municipal Plan
By-Law 1-20
[80]
Urban Forest Management
One of Rothesay's greatest assets is our mature urban forest canopy. Elevating the importance of the
urban forest in Rothesay will create an environment that is resilient to change and enhance our reputation
as a place where people want to live, raise families, and retire.
Urban forests require sustainable management that focuses on the ecological, cultural, economic, and
health benefits that our trees provide. Conversely, should Rothesay lose a large population of mature tree
canopy it would have a dramatic effect on the aesthetic and livability of Rothesay. The urban forest
provides multiple benefits for people in a developed community; the trees are part of Rothesay's identity
and a source of civic pride, quality of life and sense of wellbeing, but they also provide measurable
economic benefits. Some examples of these services include improved air quality, biodiversity, carbon
capture and storage, improved energy efficiency, stormwater control, and noise reduction.
Management of the entire urban forest in Rothesay, including both public and private ownership, must
draw from a wide array of tools and approaches to satisfy the values of residents and foster public
engagement and stewardship. In Rothesay, tree management is focused primarily on response to
dangerous or diseased tree removal, post storm cleanup of fallen trees and branches, and associated
replacement planting. Council recognizes that there will be costs associated with the management of our
trees; however, the benefits of prioritizing the urban forest will result in the creation of a community legacy
that benefit the next generation of Rothesay residents. Urban forests improve health, social and economic
function in a community. Accordingly, the following policy provides Council with the direction in managing
our urban forests with the preparation of an Urban Forest Management Plan.
Council Shall:
Policy UF-1
Urban Forest Master Plan
Prepare an Urban Forest Management Plan within the timeline
of this Municipal Plan that identifies a clear strategy to maximize
the urban forest in Rothesay by:
Rothesay Municipal Plan
By-Law 1-20
[81]
e) Documenting the location, quantity, and condition of
trees under Rothesay's care;
f) Developing a care and maintenance action plan;
g) Reinforcing the aesthetic values of mature canopy cover
over and along public streets;
h) Ensuring the health of parks and recreational areas; and
i)
Ensuring the preservation of Rothesay's wellfield,
watershed and other conservation areas of Rothesay.
Rothesay Municipal Plan
By-Law 1-20
[82]
Private Streets
Rothesay consists of both Town owned and maintained roads, and privately owned roads. Private roads are
those that are owned by one or more landowners who use it to access their properties. Public maintenance
and services are limited on these roads. Garbage collection, asphalt maintenance, and snow removal is
traditionally offered at the nearest intersection to a public street.
Rothesay, has received requests from property owners to assume public ownership of these private roads.
However, Rothesay requires that the property owners must construct roads to the better-quality municipal
standard prior to change in public ownership.
Where possible, the planning of new neighbourhoods should be designed to incorporate new public roads
with existing public road networks to enhance the overall street network. Private streets can prove
challenging to maintain and can create accessibility challenges for residents and emergency vehicles.
Public roads are built to a design standard that ensures traffic safety and access, and are maintained by
the public. The following policy ensures that Council will prohibit the development of new private streets
within Rothesay.
Council Shall:
Policy PS-1
Private Streets
Prohibit development of new private streets, exclusive of
private driveways.
The new buildings lots should be accessible directly to a public road right-of-way accessible by emergency
responders, and these lots should, ideally, be connected to municipal services. When creating a flag lot,
limitations are placed on the lot in that the total frontage of the lot is decreased, and that the accessibility
and serviceability is potentially reduced. As a means of controlling the limit and size of a property that may
be subdivided in such a method, Council has adopted the following Policy.
Council Shall:
Policy PS-2
Flag Lots
Restrict the design of flag lots in new subdivisions such
that no more than three flag lots are contiguous to each
other with all access through a common right-of-way.
The maintenance of the common right-of-way shall be
attributed to all properties and documented through a
private driveway agreement registered on the property
title.
Rothesay Municipal Plan
By-Law 1-20
[83]
Rail
Rothesay has a long-lasting association with rail. The Rothesay Railway Station is a registered National
Historic Site of Canada and is one of the oldest railway stations in Canada, built between 1858 and 1860.
The rail line that runs through Rothesay is called the "Sussex subdivision" of CN rail. The rail runs for 7.8
kilometres through Rothesay. At present there are 408 houses within the Rothesay boundaries that can only
be accessed by crossing the tracks. There is also an elementary school located in Kennebecasis Park and
housing approximately 200 students that can only be reached by crossing the railroad tracks. Seniors housing
at Sisters of Charity and the Villa Madonna and the Bill McGuire Memorial Centre and the East Riverside -
Kingshurst Park are also located between the tracks and the River.
Trains running on this track have a length in excess of several kilometers long, travelling 64 kilometres per
hour, and regularly cut off access to these riverfront homes. The desire to ensure safety and promote a high
quality of life for people living and working in close proximity to railway corridors is a shared objective of
both the railway operator and our community.
Rothesay Municipal Plan
By-Law 1-20
[84]
In 2013, the Federation of Canadian Municipalities and the Railway Association of Canada developed a
National Guideline for New Development in Proximity to Railway Operations. The Proximity Guidelines are
for use by municipalities and provincial governments, municipal staff, railway corporations, developers, and
property owners when developing lands in proximity to railway operations. Rothesay agrees that these
guidelines will contribute considerably in the preparation of plan policies regarding development of land in
proximity to railway facilities.
Rail has always been a part of Rothesay and increasingly important public safety issues around public road
railway grade crossings, residential proximity to railway operations, and trespassing on railway property
are topics of local and national discussion. The increased attention given to railroad safety manifests in
our desire to be pre-emptive in regulating land use near the existing rail line. Rothesay has approximately
400 residential properties and an elementary school in close proximity to the railway. For that reason, the
community is aware of the risks associated with rail traffic. Reports from the Federation of Canadian
Municipalities and the Railway Association of Canada have provided guidelines for development setbacks.
This Municipal Plan includes the following policy to require Council to establish land development set back
standards from railways.
Council Shall:
Policy RS-1
Rail Safety Setbacks
Establish within the Zoning By-law such requirements
and regulations necessary to implement appropriate
separation distances from freight rail lines to address
fundamental life safety concerns and land use
incompatibilities such as noise and vibration.
Rothesay Municipal Plan
By-Law 1-20
[85]
Kennebecasis Valley Fire Department
Since 1924, the Kennebecasis Valley Fire Department (Department) has existed to protect the citizens of
the Kennebecasis Valley. In 2020, the Department is comprised of 40 full-time professional firefighters
including 12 company officers that includes senior firefighters, lieutenants, and captains. The
management structure includes the fire chief, deputy fire chief, two division chiefs, and two support staff
including an administrative assistant and financial clerk. As an incorporated entity, the Department is
directed by the Joint Board of Fire Commissioners (Fire Board) which is formed from the Rothesay-
Quispamsis Regional Fire Protection Agreement.
Operating out of two fire stations, the Department provides fire protection and vehicle, off-road, ice, and
water rescue and responds to medical emergencies with Ambulance New Brunswick. The Department
also has an active fire prevention division that conducts fire code inspections, provides fire and life safety
educational programs, including a child car seat installation program.
The provision of essential emergency services is required for the health and safety of our community. In
order to provide these services, first responders and their organizations must be knowledgeable of
Rothesay and be able to access the community in a timely manner. Accordingly, Rothesay Council will
support capital projects and subdivision applications that support the entry and movement of
Kennebecasis Valley Fire Department vehicles and responders.
Rothesay Municipal Plan
By-Law 1-20
[86]
Council Shall:
Policy FR-1
Reduce Response Times
Support capital projects and subdivision applications
where the development of alternative vehicle entry
points,
new
street
network
connections,
and
standardized public street road designs in new and
existing neighbourhoods would reduce neighbourhood
isolation and improve public safety through reduced
emergency vehicle response times.
The effectiveness and ability for our firefighters to serve our community relies on their ability to access our
community quickly and access to well-located fire hydrants. The placement and infrastructure required to
provide fire hydrants require the careful planning and consideration for how our community develops.
Accordingly, Council will maintain and expand the network of fire hydrants to ensure the Kennebecasis
Valley Fire Department may have access to hydrants that provide sufficient fire flow ratings through the
following policy.
Council Shall:
Policy FR-2
Hydrants
Maintain and expand the network of fire hydrants as the
water system is expanded throughout Rothesay and
ensure that hydrants have sufficient fire flows and
reserve water capacity. In addition, hydrants shall be
colour coded to denote fire flow rating in accordance
with
the
National
Fire
Protection
Association's
Recommended Practice for Fire Flow Testing and
Marking of Hydrants, as may be amended from time to
time.
The provision of publicly funded services requires transparency in the work provided. As such Council will
direct the Joint Board of Fire Commissioners prepare and maintain a five year plan and request that plans
are presented on an annual basis to inform Council and the public on Department operations in response
to community needs and demands.
Council Shall:
Policy FR-3
Governance
Direct the Joint Board of Fire Commissioners (Fire Board)
to prepare and maintain a five-year plan and request that
such plans be presented to Council and the public on an
annual basis.
The taxpayers of Rothesay have a collective interest in the services provided to them. Moreover, they have
an interest in the services necessary to protect and maintain their community. Accordingly, where issues
or questions are raised by Rothesay taxpayers, Rothesay Council will require that the Fire Board respond
to these inquiries related to fire services.
Rothesay Municipal Plan
By-Law 1-20
[87]
Council Shall:
Policy FR-4
Response to Issues
Require that the Fire Board responds to service related
issues raised by Rothesay taxpayers.
The operation, management, and provision of the Fire Department are crucial to the success of the Fire
Department, as well as the need to provide the appropriate resources and finances to fund the
organization. Council will ensure the annual budget considers the financial demands and concerns of the
Fire Department through the following policy.
Council Shall:
Policy FR-5
Budget
Ensure that Rothesay's annual budget considers the
financial demands and concerns of the Fire Department.
Where possible Council will consider the enactment of by-laws that support the Fire Department in their
role to serve and protect the public, properties, and to recover fire service fees and charges through the
following policy.
Council Shall:
Policy FR-6
By-law Support
Consider the enactment of by-laws that support the Fire
Department in their public safety role to prevent fires, to
protect people and property, and to recover fire service
fees and charges.
The value of our Fire Department's service to protect our built form cannot be understated. Having a clear
understanding of what limitations or prohibitions a development may have on the Fire Department's
ability to protect our community is a critical component of the planning and development process. In an
effort to ensure, new development does not encumber the effectiveness of our firefighters; the
Kennebecasis Fire Department will be consulted. Accordingly, the following policy requires Council review
proposals with the Kennebecasis Fire Department to ensure public safety and firefighting concerns are
addressed.
Council Shall:
Policy FR-7
New Development
Review proposals for new development projects with the
Fire Department to ensure that public safety and
firefighting concerns are addressed.
Rothesay Municipal Plan
By-Law 1-20
[88]
Kennebecasis Regional Police Force
The Kennebecasis Regional Police Force (Force) is responsible for policing of the Towns of Quispamsis and
Rothesay, a service area with a combined population of 29,904 citizens (2016). The Force currently (circa
2020) has 39 sworn police officer positions, 4 civilian staff and a significant complement of volunteers.
Term employees are also used to fill vacancies created by secondments or assignments. As of September
2018, there are four term employees. There are 19 police vehicles including two all-terrain vehicles and
one motorcycle. The Force offers a range of general and specialized policing services, with some
employees fulfilling more than one role.
The Force's jurisdiction encompasses a relatively large area (NB standards) and presents aspects of urban
and rural policing. The Force's 2018 Multi-Year Strategic Plan notes that of the "307 jurisdictions in Canada
with over 10,000 people the Kennebecasis Regional Police Force enjoys the lowest Crime Severity Index
at 18.25. The national average is 72.87 and the highest in the country is 371.58. The Crime Severity Index
is compiled considering the amount of crime in a jurisdiction as well as the severity of the crime. The lower
the rate the safer the community."
The provision of essential emergency services is required for the health and safety of our community. In
order to provide these services these responders and their organization must be knowledgeable of
Rothesay and able to access the community in a timely manner. Accordingly, Rothesay Council will support
capital projects and subdivision applications that support the entry and movement of Kennebecasis
Regional Police Force vehicles and responders.
Council Shall:
Policy PF-1
Reduce Response Times
Support capital projects and subdivision applications
where the development of alternative vehicle entry
points,
new
street
network
connections,
and
Rothesay Municipal Plan
By-Law 1-20
[89]
standardized public street road designs in new and
existing neighbourhoods would reduce neighbourhood
isolation and improve public safety through reduced
emergency vehicle response times.
The provision of publicly funded services requires transparency in the work provided. As such Council will
direct the Kennebecasis Regional Joint Board of Police Commissioners prepare and maintain a five year
plan. The plans are then presented to Council and the public how the Police Board is operating in response
to community needs and demands
Council Shall:
Policy PF-2
Governance
Direct the Kennebecasis Regional Joint Board of Police
Commissioners to prepare and maintain a five-year plan
and request that such plans be presented to Council and
the public on an annual basis.
The taxpayers of Rothesay have a collective interest in the services provided to them; moreover, they have
an interest in the services that are required to protect and maintain their quality of life in their community.
Accordingly, where issues or questions are raised by Rothesay taxpayers Rothesay Council will require that
the Police Board respond to these inquiries related to issues and services.
Council Shall:
Policy PF-3
Response to Issues
Require the Kennebecasis Regional Joint Board of Police
Commissioners to respond to service related issues
raised by Rothesay taxpayers.
The operation, management, and provision of the police officers are all crucial to the success of the Police
Department. Council also understands that it has a responsibility to provide the appropriate resources and
finances to fund the police. As such, Council will ensure Rothesay's annual budget will consider the financial
demands and concerns of the Police Department through the following policy.
Council Shall:
Policy PF-4
Budget
Ensure that Rothesay's annual budget considers the
financial demands and concerns of the Police Force.
The role our police officers have in policing our community and protecting our residents is a highly valued
service. The Town also recognizes the relationship between an officer's duty and their role in protecting
residents and their property, which includes the social, cultural, and built environments. In an effort to
assist the Kennebecasis Regional Police Force, the Municipal Plan contains the following policy that allows
Council to consider enacting new by-laws to aid the Police Force in their duties to protect residents and
their property.
Rothesay Municipal Plan
By-Law 1-20
[90]
Council Shall:
Policy PF-5
By-law Support
Consider the enactment of by-laws that support the
Police Force in their public safety role to prevent crime
and to protect people and property.
Financial Services
In New Brunswick, local governments are required to prepare and adopt a five-year capital plan to ensure
the effective management of capital assets. A five-year capital plan is prepared for municipal
infrastructure, water, sewer, transportation, and other essential public services and is an important
component of a Rothesay's municipal plan.
Capital plans will be drafted in conformity with the broader Capital Asset Management Plan including
regulations mandated by other levels of Government (i.e. the requirement for a five year Gas Tax Funding
Plan). These budgets will be reviewed annually with an objective to address changing priorities that occur,
balanced against the financial resources of Rothesay.
Good fiscal management at the local government level requires that the expenditures of the municipality
be carefully balanced with the revenues to be generated; including user fees and taxes, grants from senior
levels of governments and miscellaneous sources. Expenditures should reflect the services provided and
these services should be in turn reflect the priorities of taxpayers. The Town will adopt a set of Financial
Principles consistent with these objectives.
Capital expenditures are prioritized to ensure the most effective expenditure of funds to meet the needs
of the community as understood by Council.
Capital projects are a necessary requirement for Rothesay as they ensure new and existing services and
infrastructure are maintained and upgraded. It is in the public's best interest to ensure there is a clear
vision for needed infrastructure projects. Accordingly, this policy requires Council have capital plans that
clearly identify capital-planning projects.
Council Shall:
Policy FS-1
Capital Plans:
Ensure that capital plans are prepared to facilitate the
physical development of Rothesay.
The capital budget sets goals for capital spending in future years, though through time the objectives
and/or priority of capital spending may change, thereby requiring a new budget. Annual reviews of the
capital budget may ensure that priority projects are funded and that Rothesay is made aware of new
projects crucial to the everyday operations of the Town and of benefit to residents. The following ensures
Council will prepare a five-year capital budget that will be reviewed annually.
Rothesay Municipal Plan
By-Law 1-20
[91]
Council Shall:
Policy FS-2
Capital Budget:
Ensure that the five-year capital budgets are reviewed
and updated on an annual basis.
In providing quality services and infrastructure to the community, Rothesay is required to budget for large
capital expenditures, which are paid for in part by our taxes. This fiscal responsibility demands
transparency and accountability which the Town has maintained by producing reports that detail yearly
capital expenditures. So too is the responsibility of Rothesay to ensure these expenditures are necessary
or of importance. Accordingly, the following policy requires Council to include capital expenditures to those
listed and thereby circumvent inefficient spending.
Council Shall:
Policy FS-3
Capital Expenditure:
Require that capital expenditures include:
a) Maintenance of existing infrastructure;
b) Extension of sewer and water systems supported by
user fees;
c) Projects co-funded by senior levels of government;
d) Upgrades of existing roads in accordance with the
Transportation policies of this Plan; and
e) Additions to open space and conservation, parks,
and trails.
Policy FS-4
Funding Sources:
Seek alternate sources of funding in addition to property
taxes whenever applicable.
The Town must meet the demands of many stakeholders; but the primary focus remains to serve the
residents of Rothesay and the public interest. The public interest is measured in many ways, though the
collective interest may be considered as projects that benefit the greater good. Concerning capital
expenditure, the Town holds a principled standard in its duty to uphold fiscal responsibility and in
performing its duty to serve the public interest in which there are measurable benefits. Where capital
spending is required to support a project, the money spent must be in the public's interest. Accordingly,
the following policy requires Council to direct spending where the projects have a broad benefit to
Rothesay.
Council Shall:
Policy FS-5
Capital Spending:
Require capital spending be directed to projects with
broad benefits to Rothesay.
Rothesay Municipal Plan
By-Law 1-20
[92]
As a means to improve specific areas of Rothesay, local improvement charges may be levied against a
private properties by the Town in order to improve infrastructure or a public amenity. These charges can
be beneficial to parts of Rothesay that require infrastructure updates and allow developers to pay the fee
over a set period of time at a fixed rate. In the interest of ensuring Rothesay's infrastructure is continually
maintained, the following policy will require that Council consider local improvement charges for projects
benefiting local areas.
Council Shall:
Policy FS-6
Local Improvement Charges:
Require that local improvement charges and by-laws be
considered for projects benefiting local areas.
The operation and management of public infrastructure and services requires constant investment. As a
means of controlling spending and to allow future withdrawal of large-scale loans, Council will undertake
to fund capital projects from operating revenues.
Council Shall:
Policy FS-7
Small Capital Projects:
Undertake to fund capital projects from operating
revenue and to borrow only for large capital projects.
The operation and maintenance of the Town requires significant investment and resources, which requires
planning for future capital investment and projects. Understanding the future demands of Rothesay and
anticipating what priorities may arise requires careful planning and a comprehensive understanding of the
Town's finances. It is in the best interest of Rothesay and its residents to be financially sound; accordingly,
the following policy ensure that the proposed capital budgets are within the fiscal budgets of the Town.
Council Shall:
Policy FS-8
Capital Management:
Ensure that the proposed capital budgets are within the
fiscal resources of Rothesay.
To manage the costs of Town facilities and/or services a fee may be implemented to ensure that users may
have continued access and use. A fee may be used to charge a portion of the cost or all of the cost assumed
by Rothesay as a means of providing long-term public service. Accordingly, Council may consider
implementing a user fee through the following policy.
Council Shall:
Policy FS-9
User Fee:
Consider that, notwithstanding any other by-law, where
a direct relationship exists between the service provided
and those receiving benefit, a user fee to recover all or a
portion of the cost may be charged.
Rothesay Municipal Plan
By-Law 1-20
[93]
The recommended User Fee Policy sets out a consistent and transparent approach for establishing and
managing user fees. The fundamental principle of the recommended Policy is that user fees should be
utilized to finance those public services and projects that provide a direct benefit(s) to specific users and
that user fees should be set to recover the full cost of those services to the extent that there is no conflict
with Town policy objectives and other provincial legislative requirements. Services that benefit the entire
community should continue to be funded by the Town.
Council Shall:
Policy FS-10
Fee Structure:
Adopt fee structures for development control (e.g.
building permits) services that reflect a cost recovery
approach.
DEVELOPMENT CHARGES
When a new community, subdivision, or other development project is built, developers must cover 100
per cent of the cost of that new growth. Rothesay recognizes that new growth represents an opportunity
to rehabilitate, upgrade, and replace infrastructure that would not otherwise be in the Town's short-term
capital program schedule. Since there are generally limited public financial resources to apply to
infrastructure upgrades in a given year, Rothesay has an interest in cost sharing with developers in limited
situations where there are demonstrated mutual benefits for the public to address existing infrastructure
deficiencies.
Development costs associated with private development is the sole responsibility of the developer. The
Town maintains that development of private land holdings be determined by free market interests and as
such should be constructed when the market will support the development of homes and/or businesses.
The Town has an obligation to the residents and taxpayers of Rothesay to be economically sustainable,
and to avoid unjust or unwarranted risk. Fiscal responsibility requires the Town avoid dealings with private
landowners where the development is not seen as providing a community benefit. Accordingly, the
following policy requires Council have developers pay 100 percent of the infrastructure costs within the
boundaries of their private land holdings and 100 percent of the costs of the minimum upgrades needed
that would connect with the site.
Council Shall:
Policy DEVC-1
Developers' Responsibility
Require that developers pay for 100 percent of the
growth-related infrastructure expenses to service
development inside the boundaries of their proposal as
well as 100 percent of cost of minimum upgrades to local
infrastructure that falls outside their project boundaries
but is directly necessary for the development.
Development costs associated with private development is typically the sole responsibility of the developer,
except in circumstances where there is mutual benefit to the private landowner and the Town to upgrade
the infrastructure servicing a property. While Rothesay has an obligation to the residents and taxpayers of
Rothesay Municipal Plan
By-Law 1-20
[94]
Rothesay makes every effort to be economically sustainable, and provide the public infrastructure and
services to a standard that is safe and ensures a healthy community. Where there are possibilities that
allow Rothesay to cooperate and share the cost of infrastructure that would benefit Rothesay, it is in the
best interest of Council to consider cost sharing through a development charge. Accordingly, the following
policy allows Council to consider a cost sharing agreement with a developer where applicable conditions
can be met.
Council Shall:
Policy DEVC-2
Development Charge By-law
Notwithstanding Policy DEVC-1, consider cost sharing
through the enactment of a Development Charge By-law
to pay for all or part of the on or off-site capital cost of
new, expanded, or upgraded infrastructure associated
with a proposed development as follows:
a) To address existing infrastructure deficiencies or
to upgrade existing undersized infrastructure;
b) Facilities and infrastructure for the supply and
distribution of water;
c) Facilities and infrastructure for the collection,
treatment and disposal of sewage;
d) Storm
water
management
facilities
and
infrastructure;
e) New or expanded public street, sidewalks, and
trails required for or impacted by a subdivision
or development; and
f) New traffic signs, signals, and new or expanded
transit facilities.
CAPITAL ASSET MANAGEMENT
Rothesay is a safe, livable, sustainable, and economically vibrant community underpinned by well-
managed and maintained infrastructure assets. These assets include, but are not limited to:
transportation networks (roads and sidewalks), water distribution networks, stormwater management
infrastructure, sewage collection systems, vehicle and equipment fleets (snowplows, dump trucks, etc.),
parks, and municipal facilities (Town hall, community centre, etc.). The public expectation is that the Town
maintain and operate these assets efficiently and effectively for many years.
Rothesay Municipal Plan
By-Law 1-20
[95]
It is acknowledged that each individual asset (buildings, vehicles, etc.) has a defined service life. As these
assets age and deteriorate. Rothesay must manage the infrastructure in such a way to ensure that the full
service life is reached and that a mechanism is in place to enable their replacement. The term Asset
Management fundamentally refers to the application of sound technical and economic principles that
consider present and future needs of Rothesay residents and the service life of an asset. An asset
management policy articulates Rothesay's commitment to asset management and provides policy
guidance in carrying out Rothesay's strategies, plans and activities.
Of increasing importance in communities is the practice of asset management, that is the management of
the Town's assets, including facilities and infrastructure, to ensure that they are working in a functional
and economically viable manner. An Asset Management Plan (AMP) will allow staff and Council to be
aware of the condition of public infrastructure and facilities and respond accordingly to issues that may
arise. The success of the AMP will require monitoring of Rothesay's corporate capacity with respect
financial, staff, and technological services and inputs. The following policy requires Council implement and
periodically update an AMP to support an Asset Management system for Rothesay.
Council Shall:
Policy AM-1
Asset Management
Implement
and
periodically
update
an
Asset
Management Plan (AMP) and maintain the necessary
corporate capacity (including human resources, financial
support, staff capabilities, business processes, data and
integrated information systems) to support the elements
and practices of an Asset Management system.
UNIVERSAL DESIGN
In 1976 New Brunswick became the first jurisdiction in Canada to add physical disability as a listed ground
of prohibited discrimination to the New Brunswick Human Rights Act. The Act "stipulates a right to
accessible workplaces, public transit, schools, libraries, restaurants, shops, hotels, theatres etc. and places
an obligation on businesses and government to make their facilities accessible. Failure to provide equal
access to a facility, including a workplace is a violation of the Act and can form the basis of a human rights
complaint."
Rothesay Municipal Plan
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To ensure that Rothesay's infrastructure meets the intent of the Act an important first step would be an
accessibility audit. An accessibility audit of the locations or facilities that have accessibility barriers would
give Council a working list of improvements to make Rothesay more accessible and inclusive for all people
including those with disabilities. In particular, this type of audit would:
a) Inventory the existing conditions in Rothesay as they relate to accessibility and inclusion;
b) Identify issues and opportunities to improve accessibility and inclusion within Rothesay;
c) Present an implementation strategy for making Rothesay a model community for accessibility and
inclusiveness; and
d) Increase the awareness and knowledge of accessibility issues faced by people with disabilities.
The change in our population's demographics requires an assessment of our changing needs as the
proportion of older persons continues to increase. Our built form must be able to accommodate the
lifestyle of this demographic. Universal Design principles allow persons of all abilities and/or disabilities to
use a space, which greatly increases our Town's livability, and marketability and a desirable place to live
for persons of all ages, and of any ability. As a recognized age-friendly community, it is critical to
understand how our built form may support age friendly living. Accordingly, the following policy requires
Council to direct staff to include Universal Design principles for new development of municipal buildings,
facilities, and parks.
Council Shall:
Policy UD-1
Universal Design
Direct Staff to include Universal Design principles when
tendering construction and the design of new municipal
buildings, undertaking significant upgrades to existing
municipal buildings, public park and recreational
amenities, and where possible during minor upgrades
and maintenance work to existing buildings.
The adoption of Universal Design in our community will increase the livability for all residents. Identifying
public owned buildings and facilities and parks will be crucial in ensuring Rothesay is outfitted with the
appropriate Universal Design standards. An audit of Town owned buildings, facilities, and parks is
necessary in determining the quality of these spaces with respect to Universal Design principles. In
identifying these areas Rothesay will be able to renovate and upgrade existing buildings, facilities, and
parks to the appropriate standards. Accordingly, the following policy requires Council to undertake a
Rothesay Municipal Plan
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community wide audit of Town owned buildings, facilities, and parks to ensure they meet appropriate
standards.
Council Shall:
Policy UD-2
Universal Design Audit
Undertake within the timeframe of this plan a Universal
Design compliance audit of Town owned buildings,
facilities, and parks.
Rothesay Municipal Plan
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Rothesay Municipal Plan
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[99]
CHAPTER 4 - DEVELOPMENT CONTROL
The day-to-day activities involved in implementing the Municipal Plan include both routine and complex
procedures associated with the issuance of permits and development controls. These daily responsibilities
are delegated to Rothesay's public servants and appointed bodies who carry out their duties in a fair,
transparent and efficient manner.
Projects that are more complex require a higher level of expertise in navigating and interpreting the Plan's
policies and other applicable regulations that apply to a development proposal. Applicants will be
provided with information that is both relevant and complete and is accurately prepared so they may
receive timely results. Applicants must also recognize the legal nature of the process and must appreciate
that Rothesay has a legitimate interest in how their lands are to be developed.
The engagement of professional expertise is critical in ensuring that the necessary research is done before
moving forward with a discretionary approval application. Because the applicable Land Use regulations
can sometimes be difficult to navigate and understand, Rothesay strongly encourages the use of
development professionals. Furthermore, there may be other limitations to a development proposal that
are not regulatory in nature.
Rothesay Council also understands that developer's costs for professional expertise is not insignificant.
However, architectural and engineering professionals are an important factor for Council's decision-
making process and a reasonable business expense for developers. Moreover, without full, clear, and
accurate information it would be challenging for the public to engage in meaningful participation and for
Council to make knowledgeable decisions.
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The Province of New Brunswick has set standards and regulations through the Clean Water Act that
regulate standing and flowing waterbodies, including lakes, wetlands, bogs, rivers, streams, and other
tributary systems. In recognition of this Act and the regulations that permit development in our area,
Rothesay Council has adopted the following policy to ensure these water features may continue to be
protected through the standards and practices of the Province.
Council Shall:
Policy DC-1
WAWA Permits
Ensure that development applications comply with the
Watercourse and Wetland Alteration Regulations of the
Clean Water Act, as may be amended from time to time,
by requiring that applicants obtain necessary provincial
permit(s) prior to the issuance of a permit by Rothesay.
The Province of New Brunswick regulates the issuance and use of wells through the New Brunswick Water
Well Regulation as a means of controlling and monitoring the use of wells. This ensure that wells are
constructed in a way that support safe, healthy operation, and that the wells are located in an area that
may access a sustainable source of water. In recognition of this regulation, Council has adopted the
following policy to ensure water wells are constructed in a regulated manner.
Council Shall:
Policy DC-2
Ground Water Well Construction
Ensure that applications that would utilize groundwater
supply sources comply with the New Brunswick "Water
Well Regulation" by requiring that applicants obtain
necessary provincial permit(s) prior to the issuance of a
permit by Rothesay. Furthermore, Council may require,
when necessary, that an applicant provide a written
assessment from a qualified professional regarding how
neighbouring properties might be impacted from the
operation of the proposed well.
On-site sewage disposal systems are used for a large number of homes in Rothesay, many of which are
located southeast of the Mackay Highway. On-site sewage systems require technical installations, and
maintenance to provide a healthy and safe waste disposal service, which are covered under the Public
Health Act. Accordingly, Council recognizes the importance of ensuring these systems are built and
maintained to a standard that protects public health through the following policy.
Council Shall:
Policy DC-3
On-Site Sewage Disposal
Ensure that applications that would utilize an existing or
new on-site sewage disposal system comply with the
Technical Guidelines established in accordance with
regulations respecting On-site Sewage Disposal Systems
under the Public Health Act, as amended from time to
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[101]
time, by requiring that applicants obtain necessary
provincial permit(s) prior to the issuance of a permit by
Rothesay.
The quality and character of our community is in the built form. Home and business owners take pride in
their properties, a reflection of the manicured yards, and well care for buildings. This established built form
can at times clash with temporary uses, whether through location on the property or because of the use.
As a means of controlling the temporary use and mitigating its effect on the established uses of a
neighbourhood, the following policy will require that Council locate temporary uses in the side or rear yard
of a lot. The restriction of these temporary uses to be located in the side or rear yards will ensure the
existing character of a neighbourhood remains unchanged.
Council Shall:
Policy DC-4
Temporary Uses:
Require all temporary uses be located in the side or rear
yard of a lot, unless permitted otherwise by the
Development
Officer
or
the
Planning
Advisory
Committee.
MUNICIPAL WATERSHED
Rothesay residents use wells or municipal water as their source of potable water. Those using municipal
water are serviced by the large water source, known as the Carpenter Pond Watershed, which serves
approximately 2000 equivalent users. Council recognizes that the municipal watershed is an extremely
vital asset to the community. The protection and preservation of this asset is a mandate for the future.
Where possible, the municipality has acquired undeveloped land in the watershed in an effort to control
development activity to protect this valuable community resource, and will continue to do so in the future
as Council recognizes the importance of safe, clean, municipal water. Accordingly, the following policies
encourage the protection of these lands for their continued use as watershed lands so that future
generations have access to clean, potable water.
The Town's watershed area is a crucial asset for our community. Where possible, Rothesay has acquired
lands within the Watershed as a means of controlling and limiting the potential development of land. In
order to protect this asset for future use, Council will identify within the Zoning By-law the areas where the
Rothesay Watershed exists.
Council Shall:
Policy CRP-1
Watershed Designation:
Identify within the Zoning By-law those areas of
Rothesay where the lands that are Watershed as the
Watershed Overlay Zone.
Policy CRP-2
Watershed Uses:
Allow within the Watershed Overlay Zone, only the land
uses that are permissible with provincial regulations.
Rothesay Municipal Plan
By-Law 1-20
[102]
Policy CRP-3
Municipal Watershed Zone:
Establish appropriate standards in the Zoning By-law to
protect
the
Municipal
Watershed
by
requiring
appropriate massing, setbacks, and limits to the
permissible uses in the following zone:
a) Watershed (WS).
WELLFIELD PROTECTED AREA
Wellfields are large areas of land that contain undergroundwater storage areas called aquifers. Rothesay's
wellfield protected area is located on the east side of the Mackay Highway, around the Carpenter Pond
Watershed. Wellfield Protected Areas are an effective way to protect groundwater sources to limit and/or
prevent contamination of groundwater at the source. Accordingly, Council has identified the importance
of protecting the wellfield area and has ensured this area is preserved for future generations through the
provision of the following policies.
The Town's wellfield protected area is a critical asset for the community. The wellfield area serves as a
groundwater retention area that provides potable water to many of our residents. Land use development
controls may protect this asset by limiting the types and intensities of development permitted. Accordingly,
the following policy requires Council to identify within the Zoning By-law the areas where Rothesay has a
wellfield-protected area.
Council Shall:
Policy WLF-1
Municipal Wellfield Designation:
Identify, within the Zoning By-law, Wellfield areas in
Rothesay as the Wellfield Overlay Zone.
Policy WLF-2
Wellfield Use:
Allow within the Wellfield Overlay Zone, only the land
uses that are permissible with provincial regulations.
Policy WLF-3
Municipal Wellfield Zone:
Establish appropriate standards in the Zoning By-law to
protect the Municipal Wellfield by requiring appropriate
massing, setbacks, and limits to the permissible uses in
the following zone:
a) Wellfield (WF).
GROUNDWATER PROTECTION
Many residents use private wells as their source of potable water that are connected to
undergroundwater sources known as aquifers. These sources of water are recharged through water
permeation through the soil over long periods of time from precipitation and water runoff. As these
aquifers are located deep beneath the soil and rock layers, the recharge area is large and is also highly
susceptible to contamination from various sources, including bacteria, pesticides and herbicides,
petroleum products, and other contaminants. Council recognizes the value of these natural assets in our
community and their importance in serving residents with a potable water source. Accordingly, Council
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has created the following policies to ensure these sources are protected for future generations through
municipal collaboration efforts, monitoring, and land use controls.
Groundwater does not follow the boundaries of a municipality; however, these underground aquifers can
collect water from a large area including multiple municipalities. As a result the source of the water and
water quality will be impacted by the area it is collected. For the purpose of ensuring that Rothesay has
access to clean, safe, potable ground water, the following policy shall require Council participate in a joint
municipal groundwater monitoring program with the Town of Quispamsis in an effort to protect
groundwater sources.
Council Shall:
Policy GWP-1
Regional Participation Program:
Participate in a joint municipal groundwater-monitoring
program with the Town of Quispamsis to ensure
groundwater resources in both municipalities are
actively monitored.
Groundwater sources are highly valuable, though they are also susceptible to many inputs, including land
uses and contaminants. Once contaminated, groundwater sources are typically left unusable for future
use, making them fragile to the pressures of development. Recognizing this, Council shall regulate land
uses that have a measurable negative impact on groundwater sources in Rothesay through the following
policy.
Council Shall:
Policy GWP-2
Groundwater Management:
Regulate land uses which have a measureable negative
impact on the groundwater resources of Rothesay.
The provision of federal and provincial Acts, regulations and programs in Canada and New Brunswick set
clear standards and guidelines for how groundwater and water sources shall be protected and used.
Rothesay is no exception, and Council recognizes the value these groundwater sources are to the Town.
Accordingly, Council shall require that all federal and provincial Acts, regulations, and programs are
implemented and followed.
Council Shall:
Policy GWP-3
Groundwater Protection:
Require that all federal and provincial Acts, regulations,
and programs for the conservation and protection of
groundwater and source water in Rothesay are complied
with prior to the issuance of any development control
permits.
Rothesay has a mix of well water and municipal water users, where approximately 2000 users are
connected to municipal water. The demand for water will continue as our community grows, and with it a
greater need to monitor and protect our water sources. As a means of regulating the use of water, and
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[104]
ensuring that all new developments provide citizens with clean, safe, potable water, each will be required
to connect to a municipal water connection as a condition of their development.
Council Shall:
Policy GWP-4
Municipal Water Connections:
Require all new development to be connected, where
available, to the municipal water system.
WATERCOURSES AND WATERBODIES
Rothesay has a significant number of brooks, streams, ponds, marshes and a provincially designated
wetland, the Renforth Bog. The Kennebecasis River, Taylor Brook, and Bradley Brook are notable
watercourses in the area. This system of watercourses and waterbodies provides numerous benefits to
Rothesay as a habitat for fish and wildlife, as green space and a natural buffer between the physical and
natural environment, and as a source of recreation throughout the year. This system also helps with the
collection and discharge of stormwater runoff. Accordingly, Council recognizes the value of these natural
areas and has determined their use is important to the ongoing function of Rothesay. The following
policies seek to protect these watercourse and waterbody features for future generations with the use of
development controls.
The protection of watercourses and waterbodies is regulated at the federal and provincial levels through
Acts, regulations, and programs. Recognizing the importance of our watercourses and waterbodies, the
most notable being the Kennebecasis River, Council shall require that all federal and provincial standards
and regulations are met through the development control permits.
Council Shall:
Policy WW-1
Watercourse and Waterbody Development
Restriction:
Require that all federal and provincial Acts, regulations,
and programs for the conservation and protection of
watercourses in Rothesay are complied with prior to the
issuance of any development control permits.
In recognition of the proximity to nature and the numerous watercourses in Rothesay, Council has
determined that in certain standards should be provided within the Zoning By-law that limits and controls
development within a certain area of a watercourse. The following policy will ensure that these
watercourse features are protected from development and ensure they may continue to serve Rothesay
as a natural stormwater runoff discharge, and to play a role in the ecosystem.
Council Shall:
Policy WW-2
Watercourse Development Restriction:
Establish appropriate standards in the Zoning By-law to
regulate development activity in the watercourse buffer.
Rothesay Municipal Plan
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[105]
FLOODING AND FLOOD RISK AREAS
Rothesay has more than 15 kilometers of river frontage on the lower reaches of the Kennebecasis River
in an area where the river forms a junction with the Saint John River. In 2018 and 2019 Rothesay, like
many other communities along the Saint John and Kennebecasis River experienced record flooding at
levels not seen in decades. Residents are long accustomed to the annual spring freshet that occurs as the
snow pack melts and the spring rains begin to fall in the upper portions of the Saint John River watershed.
However, these two years (2018 and 2019) marked historically bad years for Rothesay, in which more
than 150 homes were impacted by the flood. In addition, parks and public facilities were damaged,
municipal services (sewerage) were interrupted, wells contaminated, and infrastructure damaged.
It is anticipated that regular flooding in conjunction with the annual freshet is now the new standard, due
in part to a changing climate and more extreme weather. It is also expected that future flooding events
will be more severe, that the severity of storms will increase, and that the duration of the events will be
longer. This Plan will endeavor to control land uses and development in these areas to avoid unnecessary
damage and loss to the built and natural environment.
Rothesay reaches flood stage when the river level is measured at 4.2 metres above sea level. Flood levels
reached 4.64 metres in 2017, 5.76 metres in 2018, and 5.55 metres in 2019. In the five years between
2014 and 2019, Rothesay had only a single year 2016 in which it did not reach flood stage during the
annual spring freshet. In lieu of a provincial policy and a statement on flooding, Rothesay has identified
areas of land along the Kennebecasis River with the greatest risk of flooding. Accordingly, Rothesay has
developed policy and regulations to ensure that development in these areas is more resilient to the risks
of flooding.
As a river community, Rothesay experiences annual freshets that cause widespread flooding for those
along the shores of the Kennebecasis River. The floods of 2018 and 2019 were particularly damaging, and
have raised questions for many landowners and how future floods may affect their properties.
Comparatively, the 2019 flood was better handled by most, though its effects left many in our community
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[106]
without accessible homes during the flood and thousands of dollars in damages. In preparing for future
floods it has become necessary to identify those areas that will be most severely affected, and how those
areas may be protected from future flood events. In an effort to identify these flood prone areas, the
following policy requires Council to identify these areas in the Zoning Bylaw.
Council Shall:
Policy F-1
Flood Area Identification:
Identify within the Zoning By-law those areas prone to or
at risk of flooding as the Flood Overlay zone.
The Town's role in regulating the development and use of land has required Town staff and Council to
consider how Rothesay may be involved in the planning of lands involved in flood prone areas. As a means
of limiting the damage done to future developments, it would be beneficial to restrict the possible
development allowed within these flood areas. The following policy requires Council to establish standards
in the Zoning By-law to regulate development in flood prone areas.
Council Shall:
Policy F-2
Flood Area Development Restrictions:
Establish appropriate standards in the Zoning By-law to
regulate development in areas identified in the Flood
Overlay Zone.
With the possibility of more intense flooding in future freshets, staff and Council considered the possibilities
in preparing Rothesay for future flood events. A strategy for such a large widespread problem requires
cooperation at many levels and the coordination of many moving parts. Thus, a strategy is required to
ensure that the execution of a plan is coordinated. A management and mitigation flood response strategy
will ensure that our community is organized and prepared for future flood events.
Council Shall:
Policy F-3
Flood Preparation and Response:
Create a flood management and mitigation strategy for
Rothesay in conjunction with the New Brunswick
Emergency Measures Organization (EMO), and other
relevant agencies.
It is anticipated that annual freshets will continue to increase in severity, due in part to changing climactic
conditions. With these changes, it is unknown how much the flood waters are expected to rise in future
freshets and how much damage may occur. The majority of lands that front the Kennebecasis River are
privately owned and host a range of single-detached family dwellings. These lots are expected to bear the
burden of future floods because of the existing development. In contrast, most of Rothesay owned lands
abutting the River do not have structures as the land is designated for Open Space and Conservation. The
Town has a vested interest in preserving the Kennebecasis River shoreline, and in preserving public
infrastructure. Where possible, Rothesay has taken initiatives to improve infrastructure for the betterment
of its citizens. As a means of further improving the quality of the Town's shoreline access, and preventing
damage to infrastructure, Council shall consider acquiring lands along the Kennebecasis River if those lands
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[107]
are prone to or at risk of flooding. While this policy is conditional, it does provide a supporting policy for
Council to consider over the course of the lifetime of the Municipal Plan and provides direction for future
decisions regarding private land holdings along the River.
Council Shall:
Policy F-4
Flood Area Land Sterilization:
Consider the acquisition of lands along the Kennebecasis
River that are prone to or at risk of river flooding in order
to
prevent
reoccurring
property
damage
and
development in the flood risk areas.
Rothesay Municipal Plan
By-Law 1-20
[108]
STORMWATER MANAGEMENT
Rothesay's stormwater system uses both natural features and infrastructure to collect and control
stormwater runoff. Stormwater runoff accumulates as precipitation falls onto hard, impervious surfaces
towards stormwater management features. However, severe storm events can overwhelm this system as
the total runoff exceeds the capacity of the infrastructure (pipes, ditches, etc.), which can cause localized
flooding. The amount of stormwater runoff the community has to manage is essentially based on how
Rothesay is developed and what stormwater management is carried out. Effective stormwater
managements systems can delay the stormwater discharge, slow its flow, and where possible collect some
of the runoff.
Climate change will continue to increase the frequency and intensity of storm events. The resulting
increase in precipitation will put greater stress on our existing stormwater infrastructure, so it is
imperative that future development consider the importance of site design in response to stormwater
runoff. Accordingly, the following policies will ensure future development in Rothesay manages
stormwater runoff.
New development has created some flooding and drainage problems in Rothesay in the past. These
matters have been primarily private matter between property owners. Rothesay upholds that stormwater
drainage across private land is a civil matter to be resolved by the between private property owners.
Rothesay is aware that the permitting and regulatory authorization of development falls on the Town. As
Rothesay Municipal Plan
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[109]
a measure to ensure all new development does not adversely impact or alter the lands' ability to control
or hold stormwater runoff. The following Policy requires all developments meet a net zero increase
standard for stormwater runoff.
Council Shall:
Policy SWM-1
Net Zero Increase:
Require that all new development stormwater runoff
have a net zero increase to the pre-development
stormwater runoff levels.
New development can disrupt the flow of stormwater runoff, particularly in areas that are marshy or have
a large flow of surface water runoff. In these areas, the chance of flooding is greatest when a stormwater
management plan is not in place to identify how the development may affect the flow of stormwater
runoff. As a requirement for all future development, Council will require that all proposed developments
have a Stormwater Management Plan.
Council Shall:
Policy SWM-2
Stormwater Management Plan:
Require all proposed developments have a Stormwater
Management Plan, which shall be completed by a
qualified engineer or other qualified professional, in
addition to a Development Permit prior to the alteration,
excavation, or change of the land. The Stormwater
Management Plan and Development Permit shall be
submitted prior to the issuance of a Building Permit.
The methods and materials used in stormwater management infrastructure can be diverse, and some
more effective than others based on the climate and site conditions of a site. To ensure developers and
engineers have a variety of materials and methods in constructing the necessary stormwater infrastructure
for their site; the following policy will allow Council to consider the use of soft and hard landscape designs,
features, and materials.
Council Shall:
Policy SWM-3
Stormwater Infrastructure:
Consider the use of soft and hard landscape designs,
features, and/or materials in stormwater management
site design.
Policy SWM-4
Stormwater Quality and Runoff Rates:
Require that developments conform to stormwater
quality and runoff rates within the Zoning By-law.
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[110]
ENVIRONMENTALLY SIGNIFICANT AREAS
Environmentally significant areas may be classified as either physical or natural areas, and may have social,
cultural, environmental, or economic importance. The significance of an area is often founded in local
traditions, and are places recognized for wilderness and open space qualities. Accordingly, Council
recognizes the importance of several key areas in the Town and has created the following policies so that
these areas may be protected for future generations.
Council Shall:
Policy ESA-1
Environmentally Significant Area:
Identify within the Zoning By-law environmentally
significant areas as the Environmentally Significant
Overlay Zone.
Policy ESA-2
Environmentally Significant Uses:
Allow within identified Environmentally Significant areas
conservation and parkland uses.
Policy ESA-3
Environmentally Significant Area
Development Restrictions:
Establish appropriate standards in the Zoning By-law to
regulate the conservation of land with appropriate
setbacks from watercourses, water bodies, and
wetlands.
STEEP SLOPES
Rothesay's geographical location creates many attractions and development opportunities in our
community. The varying elevations provide exceptional views of the Kennebecasis River and Long Island
and add tremendous value to the homes and neighbourhoods of these areas. These areas have been and
will continue to be a highly desirable area for homeowners of all types. However, there are challenges in
building in these areas for homeowners and developers.
Slope refers to the change in height between two points; the greater the slope the larger the degree of
change in height and or elevation between the points. Land use planning must consider how development
will interact with the natural and built environment; moreover, planning must consider safe, sustainable
land uses so as not to jeopardize the health or well-being of community or its residents. Slopes that are
calculated to be less than 10 percent are typically considered standard for development and are common
in most communities. A slope of between 10 and 30 percent is considered to be steep, and land use
planning dictates that these areas be analyzed to ensure proper municipal services be provided and that
development in this area would not affect or in any way impact a neighbouring property. Slopes that are
greater than 30 percent are considered undevelopable and/or have too many constraints to develop in a
safe, sustainable way. Few areas of Rothesay have a slope that is greater than 30 percent.
The development of steep slopes while idealistic for views of the river can provide challenges in regards
to stormwater management, soil erosion, snow clearance, and the provision of municipal and protective
services. The challenge is to balance these with the attraction and opportunities of these areas as natural
features that may be enjoyed by property owners and the public. Furthermore, a balance must be met
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[111]
with the type and location of development and how it may potentially impact adjacent land uses.
Accordingly, Council has identified these areas as being a development opportunity for homeowners and
has created the following policies to limit the development and land uses acceptable in these areas.
Council Shall:
Policy ESA-4
Steep Slopes Identification:
Identify within the Zoning By-law steep slope areas as the
Steep Slopes Overlay Zone.
Policy ESA-5
Steep Slope Uses:
Allow within identified Steep Slope areas parks and
conservation land uses.
Policy ESA-6
Steep Slope Development Restrictions:
Establish appropriate standards in the Zoning By-law to
regulate the conservation of land with development
restrictions on sloped lands.
Construction Practices
As Rothesay continues to grow, older mature neighbourhoods and undeveloped natural areas are being
disturbed to accommodate new development. The Town's topography is such that the new development in
many areas results in the creation of lots that are either on steep sloping sites or with properties that slope
away from the street and below the grade of road. These conditions lead to substantial cut and fill activity.
The scale of some fill and excavation operations has been such that they are a major neighbourhood
nuisance and the resulting graded lots may perhaps pose a significant negative impact on neighbouring
properties. Rothesay is aware that uncontrolled fill and excavation activity in the past has led in some
instances, to runoff and erosion problems. In other cases, building foundation problems were experienced
because the foundation soils and unsuitable fill were improperly compacted.
The development and use of land are a natural part of a community's growth, operation, and
management. However, the method of land use can drastically change the intended building site. One of
most sudden and damaging changes to a site is the removal of vegetation and/or the altering of the
surface of the land. Levelling, grading, filling, cutting, or making other changes to the surface of land may
affect adjacent properties by redirecting stormwater runoff, privacy may be reduced or eliminated, and
the value and/or character of the neighbourhood may be changed. Additionally, removing trees and
vegetation may reduce shade, reduce habitat for wildlife, and lead to soil erosion. Together, these changes
can have a large impact on a site and its ability to provide social, economic, and environmental value to
Rothesay. In many instances changes of this magnitude can have costly fixes and in some cases cause
irreversible damage. Accordingly, the following policies regulate how land may be cleared, altered, and/or
graded in order to protect existing properties and reduce impacts to the subject site.
Council Shall:
Policy CP-1
Unsuitable Roads
Regulate the placement or dumping of fill on a lot
fronting on a public street that has been deemed by the
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By-Law 1-20
[112]
Director of Operations or their designate, in their sole
discretion, to be unsuitable for the transportation of
heavy loaded trucks transporting fill.
The development of a site often requires an alteration to the land, with either the removal or addition of
soils and aggregates, to have the desired grade to begin construction. As a result, trucks are used to haul
soils and aggregates through dumping or removal of fill from or to the site. This process can be quite
disruptive to the surrounding properties and to the neighbourhood in which the site is located;
furthermore, the transportation of fill often creates dust and the deposit of materials on the road right-of-
way. Council recognizes the impact that the transportation and hauling of fill can have on a
neighbourhood; accordingly, the following policy will require Council to establish requirements and
standards in the Zoning By-law to control this process.
Council Shall:
Policy CP-2
Hauling
Establish within the Zoning By-law such requirements as
necessary to ensure that the alteration of land by placing,
dumping or removal of fill is done in accordance with
proper engineering principles and any design standards
of Rothesay, including a mud tracking and dust control
program containing measures to control mud tracking
and dust along the proposed truck route to be used by
the Applicant.
Proposed changes to haul routes to and from the site, are
to be submitted to the Director of Operations or
designate for review and approval. Modifications of haul
routes are not to occur unless approved by the Director.
Furthermore, where a permit is to be issued, no person
shall place or dump fill, remove any topsoil or fill, alter
the grade or land, or perform or permit any site
alteration except in accordance conditions that may
include, but are not limited to:
a) Restricted hours of operation;
b) Designated haul routes to and from the site;
c) Restricted daily volume or daily number of truck
loads; and
d) Restrict designated sources of the fill.
Policy CP-3
Erosion Control
Establish within the Zoning By-law erosion control
measures and enforce those standards through the
subdivision approval process in order to minimize the
Rothesay Municipal Plan
By-Law 1-20
[113]
impact of development on Rothesay's environment and
adjacent properties.
To maintain the established character defining elements of Rothesay's built form, all properties will be
required to maintain a minimum level of landscaping. Accordingly, the following policy requires that all
properties meet the minimum landscaping requirements as identified in the Zoning By-law for the
respective zone.
Council Shall:
Policy CP-4
Standard Quality:
Require all properties, irrespective of zone, meet the
minimum landscaping requirements as set out in the
Zoning By-law and any relevant General Provisions.
To preserve the aesthetic and character defining elements of Rothesay's built form, all properties will be
required to maintain yards facing all public right-of-ways. This also ensures all residents and land owners
continue to take pride in their land and in their community. Accordingly, the following policy requires all
properties be maintained.
Council Shall:
Policy CP-5
Yard Maintenance:
Require all properties maintain yards facing a public
right-of-way. Yards will be manicured and free of debris
and garbage.
The development of land often requires the movement and alteration of top soils and the grade of land in
order to achieve the desired groundwork for the development. As a means of controlling the work
conducted on a site, Rothesay has required grading plans be submitted. However, there have been issues
with consistency and quality of the plans submitted, that resulted in undesirable outcomes for landowners
and the Town. As a means of regulating all future grading plans, Rothesay will require these plans to be
submitted by a qualified engineer or another qualified professional.
Council Shall:
Policy CP-6
Grading Plan:
Require all developers submit a Grading Plan, completed
by a qualified engineer or another person qualified to do
such work, when the development would change the
slope, grade, or surface of the land.
The development of a site often requires the topsoil be moved and in other instances, a site needs to be
excavated in order to have the desired conditions to build. As a result, the surface of a site changes and
the conditions on the site and those surrounding it may be affected. Often the first impact is of surface
water runoff and encroachment. As a means of controlling for these factors, Rothesay requires that all
proposed development have a Development Permit prior to alteration.
Rothesay Municipal Plan
By-Law 1-20
[114]
Council Shall:
Policy CP-7
Surface Alteration, Development Permit:
Require all proposed development have a Development
Permit prior to the alteration or change of the surface of
land, prior to the issuance of a Building Permit.
Rothesay Municipal Plan
By-Law 1-20
[115]
Rothesay Municipal Plan
By-Law 1-20
[116]
CHAPTER 5 - IMPLEMENTATION
The implementation Chapter describes how the policies and procedures contained within this Municipal
Plan are carried out by Rothesay. It outlines the procedures and application requirements for the different
types of planning applications such as development agreements, rezoning, variances, and by-law
amendments. This section also outline the plan amendment process.
Council values input from the public, applicants, and Staff when considering planning applications. In
order to ensure that the land use planning application decision making process has the benefit of
meaningful input, it is essential to consistently follow a clear procedure where all parties understand how
their opinions will be heard. A confusing planning application process that is not implemented consistently
will tend to frustrate attempts by both applicants and the public to have their say. The following policies
and proposals consist of basic requirements related to proper implementation of the Plan.
The Community Planning Act and Local Governance Act are statutes that provide regulatory and legislative
authority to Council to make decisions with respect to land use development and municipal affairs.
Accordingly, Council will ensure that the Municipal Plan is implemented in compliance with the Acts
through the following policy.
Council Shall:
Policy IM-1
Implementation Power
Ensure that the Municipal Plan is implemented pursuant
to the powers delegated to Council, Rothesay's Planning
Advisory Committee (PAC) and Council appointed
officials under the legislated authority of the Community
Planning Act, the Local Governance Act and other
relevant Provincial and Federal legislation as may be
amended throughout the life of this Plan.
Council recognizes the importance of maintaining a clear and consistent methods for the public and
developers. Accordingly, Council has adopted the following policy to ensure that a clear and consistent
application process be adopted.
Council Shall:
Policy IM-2
Consistent Process
Develop and consistently follow clear application
processes for all applications to amend the Municipal
Plan or the Zoning By-law.
The Municipal Plan By-law provides a blue print for Rothesay with respect to growth, development, and
land use. In reading the Plan, the intention is to serve the interests of Rothesay. Interpretation of the By-
law, when needed, should be consistent and reasonable. Council recognizes this and has adopted the
following policy to guide readers in the interpretation.
Rothesay Municipal Plan
By-Law 1-20
[117]
Council Shall:
Policy IM-3
Interpretation
Recognize that this Plan is enacted as a by-law and shall
not be interpreted as a statute. Accordingly, the contents
are statements of policy and shall be afforded a liberal
interpretation with a view of furthering the policy
objectives herein. Such an approach requires that this
Plan
not
be
subject
to
excessive
meticulous
interpretation, as might be expected in a jurisdictional
examination of a statute. The Municipal Plan By-law is
prepared and enacted by Council and is a wide-ranging
document which establishes an extensive variety of
policies to guide Rothesay Council, its appointees and
Staff.
The Generalized Future Land Use Map (GFLUM 2020) is a blueprint for future development in Rothesay. In
conjunction with the policies of this plan the GFLUM informs and guides future land use decisions and
potential zoning. Accordingly, Council shall ensure that all future growth and development in Rothesay will
abide by the GFLUM as stated in the following policy.
Council Shall:
Policy IM-4
Future Land Use
Ensure that the growth and development of Rothesay is
guided by the Generalized Future Land Use Map adopted
as Schedule A of this document.
The Generalized Future Land Use Map (GLFUM) is used as a blueprint for all future development and
growth in the Town, as such, it is critical to ensure that those areas identified on the GFLUM are suitable
for the designated uses. Accordingly, Council has adopted the following policy to ensure that those
identified on the Generalized Future Land Use Map are sufficient for the intended uses.
Council Shall:
Policy IM-5
Future Land Use Map
Ensure that those areas identified on the Generalized
Future Land Use Map:
a) Provide sufficient lands to accommodate the
projected demands for residential, commercial,
light industrial and other uses;
b) Provide for a limited range of compatible uses to
occur within each of the land use designations
subject to the applicable policies of this Plan and
relevant legislation;
c) Provide for the more specific delineation of map
designations in the Zoning by-law; and
Rothesay Municipal Plan
By-Law 1-20
[118]
d) Consider amendments to Schedule A through
the
process
of
proposed
significant
or
substantive land use changes.
The Municipal Plan is a document that provides regulatory authority over the growth, development, and
use of land in Rothesay. This regulation is carried out through various policies, which are informed through
public feedback, consultation, and professional opinion of staff and consultants. Over the course of the
lifetime of the Plan, it is expected that the objectives of Rothesay may change and the relevance and
effectiveness of policies may require review. As a result, the Community Planning Act requires a Municipal
Plan review be initiated within 10 years of the enactment of this Plan and that the review take no longer
than 36 months, as stated in the following policy.
Council Shall:
Policy IM-6
Ten Year Review
Ensure that a review of the Municipal Plan is initiated
within ten (10) years after the enactment of the by-law
and that such a review shall take no longer than 36
months.
To limit the densification of land, and the scale and intensity of a development, no more than one density
bonusing policy may be used on a single project or proposal as stated in the following policy.
Council Shall:
Policy IM-7
Density Bonus Conflicts
Restrict the density bonusing provisions of this Plan
(Policy R-1 Affordable Housing and R-2 Age-Friendly
Housing) to not more than one policy per proposal or
project and in no circumstance shall the density bonus
exceed 20% of the maximum allowable density
permitted by the Zoning By-law. Furthermore, the
proposal shall meet all other provisions of the Zoning By-
law, notwithstanding that the Development officer,
Planning Advisory Committee (PAC), or Council may at
their discretion grant an applicable variance.
The Municipal Plan is a living document, its intent and purpose is to fulfill the objectives and vision of our
community and its stakeholders. As such, the document may be considered a dynamic, living document
that is subject to change based on real world conditions and stakeholder feedback. These changes may
come about through proposed amendments to the Plan, where the changes may address changing
community conditions, make use of technical or scientific data, or be in compliance with either Provincial
or Federal regulations, laws, or policies. A Plan amendment shall be considered by Council through the
following policy.
Rothesay Municipal Plan
By-Law 1-20
[119]
Council Shall:
Policy IM-8
Plan Amendments
Consider amendments to the Municipal Plan when it can
be demonstrated that the Plan's effectiveness and
policies should be examined based on one or more of the
following:
a) changing community demographics, climactic or
environmental
conditions,
technological
advances, or unforeseen community economic
circumstances;
b) additional technical information or scientific
studies which identify the need for change; and
c) Changes to Provincial or Federal regulations,
laws or policies.
Where necessary it may be reasonable to enact additional by-laws in support of the Municipal Plan that
address building, development, design, land use, and other such matters that may be deemed necessary
to achieve the intent and policy directs of the Plan as stated in the following policy.
Council Shall:
Policy IM-9
Additional By-Laws
Enact by-laws respecting building, property maintenance
standards, signage, subdivision, unsightliness and other
matters deemed necessary to achieve the intent and
policy directives of the Municipal Plan.
Through the Zoning By-law a series of land use regulations and development controls will be established
in order to implement and carryout the policies of the Municipal Plan. Accordingly, the following policy will
allow Council to establish appropriate standards in the Zoning By-law.
Council Shall:
Policy IM-10
Zoning By-Law
Establish appropriate standards in the Zoning By-law
including development control regulations that are
necessary to implement the policies of this Municipal
Plan.
Policy IM-11
Policy Consideration
Review all applications to amend the Zoning By-law for
conformity with the policies of this Plan with particular
regard to the Future Land Use designation relevant to the
application and the policies found in the Implementation
chapter.
Rothesay Municipal Plan
By-Law 1-20
[120]
To assist in the consistency and clarity of the application process, it is critical that all applications received
be of the same quality, and prepared in a clear and understandable manner. To this end, all submissions
will require a qualified professional to prepare the supporting documents used in an application, as
outlined in the following policy.
Council Shall:
Policy IM-12
Submission Requirements
Require that applicants submit with their rezoning
application for a specific development proposal, where
such a proposal involves dimensional or aesthetic issues,
a professionally prepared site plan and graphic
representations of the proposal drawn to accurate scale.
Such documents supporting the application must clearly
indicate the following;
a) The location, area, and dimensions of the subject
property;
b) The location, dimensions, height, and proposed
use of all proposed buildings;
c) The means by which the site is to be serviced by
sanitary and storm water infrastructure, water,
electrical service and other utilities;
d) The location of any parking stalls, driveways,
walkways, lighting, fencing, refuse containers,
and snow storage;
e) Landscape plans including the vegetation to be
retained and a reasonably precise estimate of
the number and location of proposed shrubs and
trees; and
f) Architectural
details
of
the
proposed
development including exterior cladding and
finishing materials.
A development agreement is a contract between Rothesay and a property owner that stipulates the details
and obligations of the respective parties concerning the development of the subject property. Where a
development agreement is believed to be necessary, Council shall consider development applications as
stated in the following policy.
Council Shall:
Policy IM-13
Development Agreements
Consider development agreement applications pursuant
to the provisions and criteria as set out in various policies
of this Plan and consideration of the following:
Rothesay Municipal Plan
By-Law 1-20
[121]
a) That the proposal is not premature or
inappropriate by reason of:
1) The financial capability of Rothesay to
absorb any costs relating to the
development;
2) The adequacy of municipal wastewater
facilities, storm water systems or water
distribution systems;
3) The
proximity
of
the
proposed
development to schools, recreation or
other municipal facilities and the
capability of these services to satisfy any
additional demands;
4) The adequacy of road networks leading
to or within the development; and
5) The potential for damage or destruction
of designated historic buildings and
sites.
b) that controls are placed on the proposed
development so as to reduce conflict with any
adjacent or nearby land uses by reason of:
1) Type of use;
2) Height, bulk and lot coverage of any
proposed building;
3) Traffic generation, access to and egress
from the site, and parking; open storage;
and
4) Signage.
c) That the proposed development is suitable in
terms of the steepness of grades, soil and
geological
conditions,
proximity
to
watercourses, or wetlands and lands that are
vulnerable to flooding.
Council Shall:
Policy IM-14
Adjoining Designations
Consider amendments to the Zoning By-law on lands that
adjoin a different land use designation for a use that is
permitted
within
the
adjoining
designation.
Notwithstanding the above, no such considerations shall
be given to properties where the designations are not
adjoining.
Rothesay Municipal Plan
By-Law 1-20
[122]
Policy IM-15
Proposed Public Streets
Consider that the location of proposed roads on
Schedule C as approximate and for illustrative purposes
and Council may give Assent to new public streets as
shown on a plan of subdivision where the arrangement
and alignment of these roads generally conforms to the
Plan without need to revise or amend Schedule C.
Policy IM-16
Public Participation
Subject to the legislative requirements, adopt a decision-
making
process
for
discretionary
approvals
of
development projects that provide opportunities for
meaningful public participation and education in the
planning process for all interested parties.
Policy IM-17
Text Only Amendments
Evaluate text only amendments to the Zoning by-law that
do not include a specific development proposal by
considering the land use planning implications and
conformance with other Municipal Plan policies.
Rothesay Municipal Plan
By-Law 1-20
[123]
Policy Index
Policy AM-1 ....................................................................... 95
Policy C-1 .......................................................................... 45
Policy C-2 .......................................................................... 45
Policy C-3 .......................................................................... 45
Policy C-4 .......................................................................... 46
Policy C-5 .......................................................................... 46
Policy C-6 .......................................................................... 47
Policy C-7 .......................................................................... 47
Policy C-8 .......................................................................... 48
Policy CP-1 ...................................................................... 111
Policy CP-2 ...................................................................... 112
Policy CP-3 ...................................................................... 112
Policy CP-4 ...................................................................... 113
Policy CP-5 ...................................................................... 113
Policy CP-6 ...................................................................... 113
Policy CP-7 ...................................................................... 114
Policy CRP-1 .................................................................... 101
Policy CRP-2 .................................................................... 101
Policy CRP-3 .................................................................... 102
Policy DC-1 ...................................................................... 100
Policy DC-2 ...................................................................... 100
Policy DC-3 ...................................................................... 100
Policy DC-4 ...................................................................... 101
Policy DEVC-1 .............................................................. 93, 94
Policy DEVC-2 .................................................................... 94
Policy ESA-1 .................................................................... 110
Policy ESA-2 .................................................................... 110
Policy ESA-3 .................................................................... 110
Policy ESA-4 .................................................................... 111
Policy ESA-5 .................................................................... 111
Policy ESA-6 .................................................................... 111
Policy F-1 ......................................................................... 106
Policy F-2 ......................................................................... 106
Policy F-3 ......................................................................... 106
Policy F-4 ......................................................................... 107
Policy FR-1 ........................................................................ 86
Policy FR-2 ........................................................................ 86
Policy FR-3 ........................................................................ 86
Policy FR-4 ........................................................................ 87
Policy FR-5 ........................................................................ 87
Policy FR-6 ........................................................................ 87
Policy FR-7 ........................................................................ 87
Policy FS-1 ......................................................................... 90
Policy FS-10 ....................................................................... 93
Policy FS-2 ......................................................................... 91
Policy FS-3 ......................................................................... 91
Policy FS-4 ......................................................................... 91
Policy FS-5 ......................................................................... 91
Policy FS-6 ......................................................................... 92
Policy FS-7 ......................................................................... 92
Policy FS-8 ......................................................................... 92
Policy FS-9 ......................................................................... 92
Policy GE-1 ........................................................................ 73
Policy GE-2 ........................................................................ 73
Policy GT-1 ........................................................................ 78
Policy GT-2........................................................................ 79
Policy GWP-1 .................................................................. 103
Policy GWP-2 .................................................................. 103
Policy GWP-3 .................................................................. 103
Policy GWP-4 .................................................................. 104
Policy HDR-1 ..................................................................... 40
Policy HDR-2 ..................................................................... 41
Policy HDR-3 ..................................................................... 41
Policy HDR-4 ............................................................... 41, 46
Policy HDR-5 ..................................................................... 42
Policy IM-1 ...................................................................... 116
Policy IM-10 .................................................................... 119
Policy IM-11 .................................................................... 119
Policy IM-12 .................................................................... 120
Policy IM-13 .................................................................... 120
Policy IM-14 .................................................................... 121
Policy IM-15 .................................................................... 122
Policy IM-16 .................................................................... 122
Policy IM-17 .................................................................... 122
Policy IM-2 ...................................................................... 116
Policy IM-3 ...................................................................... 117
Policy IM-4 ...................................................................... 117
Policy IM-5 ...................................................................... 117
Policy IM-6 ...................................................................... 118
Policy IM-7 ...................................................................... 118
Policy IM-8 ...................................................................... 119
Policy IM-9 ...................................................................... 119
Policy IT-1 ......................................................................... 57
Policy IT-2 ......................................................................... 57
Policy IT-3 ......................................................................... 57
Policy IT-4 ......................................................................... 58
Policy IT-5 ......................................................................... 58
Policy IT-6 ......................................................................... 59
Policy LDR-1 ...................................................................... 36
Policy LDR-2 ...................................................................... 36
Policy LDR-3 ...................................................................... 36
Policy LI-1 ......................................................................... 50
Policy LI-2 ......................................................................... 50
Policy LI-3 ......................................................................... 50
Policy MDR-1 .................................................................... 37
Policy MDR-2 .................................................................... 37
Policy MDR-3 .................................................................... 38
Policy MDR-4 .................................................................... 38
Policy MS-1 ....................................................................... 75
Policy MS-2 ....................................................................... 76
Policy MS-3 ....................................................................... 77
Policy MS-4 ....................................................................... 77
Policy OsC-1 ...................................................................... 63
Policy OsC-2 ...................................................................... 63
Policy OsC-3 ...................................................................... 64
Policy OsC-4 ...................................................................... 64
Policy OsC-5 ...................................................................... 64
Policy OsC-6 ...................................................................... 65
Policy OsC-7 ...................................................................... 65
Policy OsC-8 ...................................................................... 66
Policy OsC-9 ...................................................................... 67
Policy PF-1 ........................................................................ 88
Policy PF-2 ........................................................................ 89
Rothesay Municipal Plan
By-Law 1-20
[124]
Policy PF-3 ......................................................................... 89
Policy PF-4 ......................................................................... 89
Policy PF-5 ......................................................................... 90
Policy PS-1 ......................................................................... 82
Policy PS-2 ......................................................................... 82
Policy R-1 .................................................................. 30, 118
Policy R-10 ........................................................................ 34
Policy R-11 ........................................................................ 34
Policy R-12 ........................................................................ 34
Policy R-2 .......................................................................... 30
Policy R-3 .......................................................................... 31
Policy R-4 .......................................................................... 31
Policy R-5 .......................................................................... 32
Policy R-6 .......................................................................... 32
Policy R-7 .......................................................................... 33
Policy R-8 .......................................................................... 33
Policy R-9 .......................................................................... 33
Policy REG-1 ...................................................................... 11
Policy RS-1 ........................................................................ 84
Policy RU-1 ........................................................................ 69
Policy RU-2 ........................................................................ 69
Policy RU-3 ....................................................................... 69
Policy RU-4 ....................................................................... 70
Policy RU-5 ....................................................................... 71
Policy SWM-1 ................................................................. 109
Policy SWM-2 ................................................................. 109
Policy SWM-3 ................................................................. 109
Policy SWM-4 ................................................................. 109
Policy TA-1 ........................................................................ 52
Policy TA-2 ........................................................................ 52
Policy TA-3 ........................................................................ 52
Policy TA-4 ........................................................................ 52
Policy TA-5 ........................................................................ 53
Policy UD-1 ....................................................................... 96
Policy UD-2 ....................................................................... 97
Policy UF-1 ........................................................................ 80
Policy WLF-1 ................................................................... 102
Policy WLF-2 ................................................................... 102
Policy WLF-3 ................................................................... 102
Policy WW-1 ................................................................... 104
Policy WW-2 ................................................................... 104
Rothesay Municipal Plan
By-Law 1-20
Repeal and Enactment
Repeal of Existing By-Laws
By-law 1-10 and amendments thereto are hereby repealed.
Enactment of By-Law
Rothesay Bylaw201?he Rothesay Municipal Plan, is enacted as follows:
FIRST READIN
BY TITLE:
February 8, 2021
SECOND READING BY TITLE:
March 8, 2021
(Advertised as to content on Rothesay
website in accordance with the
Local Governance Act)
March 11, 2021
READ IN SUMMARY
April 12, 2021
THIRD READING BY TITLE/ENACTMENT
April 12, 2021
//11iLt
Nancy E. Gran{
Mayor
Mary Jane E.Bahks
Clerk
APPROVED
APPROUV
Pursnantkothe
ED*&Ih*Idela
Comm
anint(ct
IolsarPurbanlimo
For-
Jlter/potar le/la Mhdstre
LocnJ G9cfment and Govermmce Reform
Gonvercrnenta Low rt dela Réforme de Is goawenance Iscale
[125]
Fa
i
rw
e
a
t
her
B
r
o
o
k
S
a
l
m
o
n Cre
e
k
Bradley
Lakes
Green
Lake
Ray
Lake
McLachlan
Lake
McFarlane
Lake
Ritchie Lake
Irwin
Lake
Adams
Lake
Dolan
Lake
Bowes
Lake
Cosy
Lake
McCormac
Lake
Wolsely
Lake
Little Ben
Lomond Lake
Porcupine
Lake
Duck
Lake
Spectacle
Lake
Grassy
Lakes
Quinn
Lake
Loch
Hunter
Lake
Kenne
becasis
River
M
cGui
re
B
ro
o
k
¯
0
640
1,280
1,920
2,560
320
Metres
Fox Farm Rd
Gibbon Rd
Grove Ave
Marr Rd
Hampton Rd
Gondola Point Rd
Rothesay Rd
Route 1
Route 1
Monaco Dr
Cameron Rd
Clark Rd
Route 111
Dolan Rd
French Village Rd
French Village Rd
Hampton Rd
Schedule A - Future Land Use Map
Rothesay
Municipal Plan
Future Land Use Map
Date: February 17, 2021
Map Consolidated to February 17, 2021
Park & Conservation
Low Density
Medium Density
High Density
Traditional Area
Commercial
Institutional
Light Industrial
Rural
Actual
PROJECT NAMES
2021
2022
2023
2024
2025
Total
Operating Fund
General Government - Municipal buildings & IT
158,000
$
50,000
$
50,000
$
50,000
$
50,000
$
$358,000
Protective services - equipment
136,000
1,000,000
200,000
200,000
200,000
1,736,000
Transportation
Buildings
-
100,000
100,000
100,000
100,000
400,000
Designated highways
1,100,000
1,000,000
1,000,000
1,000,000
1,000,000
5,100,000
Street surfacing
1,910,000
1,600,000
1,600,000
1,600,000
1,600,000
8,310,000
Storm sewers
325,000
300,000
300,000
300,000
300,000
1,525,000
Curb and Sidewalks
285,000
300,000
300,000
300,000
300,000
1,485,000
Fleet/Equipment
600,000
500,000
500,000
500,000
500,000
2,600,000
4,220,000
3,800,000
3,800,000
3,800,000
3,800,000
19,420,000
Recreation
Buildings/Arena
661,000
2,000,000
500,000
-
-
3,161,000
Equipment
25,000
50,000
50,000
50,000
50,000
225,000
Parks & Trails
300,000
50,000
50,000
50,000
50,000
500,000
986,000
2,100,000
600,000
100,000
100,000
3,886,000
Total General Fund
5,500,000
6,950,000
4,650,000
4,150,000
4,150,000
25,400,000
Water and Sewer Utility Fund
Water system upgrades
1,000,000
500,000
450,000
500,000
500,000
2,950,000
Sewer system upgrades
2,730,000
8,500,000
8,450,000
8,500,000
500,000
28,680,000
Total Utility Fund
3,730,000
9,000,000
8,900,000
9,000,000
1,000,000
31,630,000
Total Capital Expenditures
$9,230,000
$15,950,000
$13,550,000 $13,150,000
$5,150,000
$57,030,000
SOURCE OF FUNDS
$57,030,000
GTF Agreement - operating
1,210,000
$
2,700,000
$
1,100,000
$
600,000
$
600,000
$
6,210,000
$
Capital Reserve Fund
450,000
-
-
-
-
450,000
Operating Fund
2,715,000
2,800,000
2,800,000
2,800,000
2,800,000
13,915,000
Long Term Borrowing
300,000
700,000
-
-
-
1,000,000
Others (specify) Designated Highway grants
825,000
750,000
750,000
750,000
750,000
3,825,000
Others (specify) RDC
-
Others (specify) Build Canada
-
5,500,000
6,950,000
4,650,000
4,150,000
4,150,000
25,400,000
GTF Agreement - water and sewer
500,000
300,000
200,000
300,000
300,000
1,600,000
Build Canada (Fed/Prov)
700,000
5,333,333
5,333,333
5,333,333
-
16,700,000
Long term borrowing - water and sewer
1,830,000
2,666,667
2,666,667
2,666,667
-
9,830,000
Capital reserve - water and sewer
-
-
-
-
-
-
Opetrating - water and sewer
700,000
700,000
700,000
700,000
700,000
3,500,000
3,730,000
9,000,000
8,900,000
9,000,000
1,000,000
31,630,000
Total Sources of Funds
$9,230,000
$15,950,000
$13,550,000 $13,150,000
$5,150,000
$57,030,000
FIVE-YEAR CAPITAL BUDGET SUMMARY
Municipal Plan By-law No. 1-20 - Schedule B
Preliminary Forecast
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Bradley
Lakes
Green
Lake
Ray
Lake
McLachlan
Lake
McFarlane
Lake
Ritchie Lake
Irwin
Lake
Adams
Lake
Dolan
Lake
Bowes
Lake
Cosy
Lake
McCormac
Lake
Wolsely
Lake
Little Ben
Lomond Lake
Porcupine
Lake
Duck
Lake
Spectacle
Lake
Grassy
Lakes
Quinn
Lake
L
Hunter
Lake
Kenne
becasis
River
M
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re
B
ro
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Fox Farm Rd
Route 1
Rothesay Rd
Rothesay Rd
Allison Dr
Grove Ave
Gondola Point Rd
Hampton Rd
Maliseet Dr
Longwood Dr
Burns Ave
Ellis Dr
Gondola Point Rd
Hampton Rd
Marr Rd
Clark Rd
Renshaw Rd
Route 1
Route 1
Carriage Way
Monaco Dr
Wiljac St
Wastewater
Treatment
Facility
¯
0
620
1,240
1,860
2,480
310
Metres
Schedule C - Proposed Public Streets
Rothesay Limits
Saint John
Rothesay
Municipal Plan
Proposed Streets
Existing Streets
Proposed Streets
Date: February 17, 2021
Map Consolidated to February 17, 2021