Town of Anchor Point Municipal Plan — full text

This is the exact embedded text of the captured official document. Snapshot faee5b21b146 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Prepared by: DB Randell l'l,11111i11~ Co11, 11ha111 SCP Project ID: NMP-01-2021-003 TOWN OF ANCHOR POINT - MUNICIPAL PLAN (2023-33) Approved by Council on: ____________ 9l_r.JQY_.:eo;.a.. __ Registered in the NL Gazette on: ____________________ _ Prepared for the Town Council of: URBAN AND RURAL PLANNING ACT, 2000 RESOLUTION TO ADOPT TOWN OF ANCHOR POINT MUNICIPAL PLAN, 2023-33 Under the authority of section 16 of the Urban and Rural Planning Act, 2000, the Town Council of Anchor Point adopts the Town of Anchor Point Municipal Plan, 2023-33. Adopted by the Town Council of Anchor Point on the 24th day of August 2023. Signed and sealed this~ day of {\)Dl)e m bex 2.u 1--3 Clerk: Canadian Institute of Planners Certification I certify that the attached Town of Anchor Point Municipal Plan, 2023-33 has been prepared in accordance with the requirements of the Urban and Rural Planning Act, 2000. MCIP/FCIP: Andrew C. Smith, MCIP ... : . , -._. I -I I- .. I n URBAN AND RURAL PLANNING ACT, 2000 RESOLUTION TO APPROVE TOWN OF ANCHOR POINT MUNICIPAL PLAN, 2023-33 Under the authority of sections 16, 17 and 18 of the Urban and Rural Planning Act, 2000, the Town Council of Anchor Point: 1. Adopted the Anchor Point Municipal Plan, 2023-33 on the 24 th day of August 2023; 2. Gave notice of the adoption of the Anchor Point Municipal Plan, 2023-33 by way of an advertisement inserted in the West Coast Wire on the 20th day of September 2023 and the 27th day of September 2023; and 3. Set the 5th day of October 2023 at 7:00 p.m. at the Anchor Point Town Office in the Town of Anchor Point for the holding of a public hearing to consider objections and submissions. Now, under section 23 of the Urban and Rural Planning Act, 2000, the Town Council of Anchor Point approves the Anchor Point Municipal Plan, 2023-33 on the 8 th day of November 2023 as adopted. Signed and sealed this ~ day of N 0\/embex-- 1._ Ot-3 bepu+y Mayor: ..... :. '-' ........ - --- - ... -"'--- ~ ..:-. ·~ .... Clerk: I ·1 ·, ~ ' . , , ... -_. v .. :-._ -· ;-· Canadian Institute of Planners Certification I certify that the attached Town of Anchor Point Municipal Plan, 2023-33 has been prepared in accordance with the requirements of the Urban and Rural Planning Act, 2000. MCIP/FCIP: Andrew C. Smith, MCIP Municipal Plan/Amendment REGISTERED Number 0035 -J.[)2 j - 00-0 Date lio :P~&-- '2::e&a Signature ~IAcvt::',,/ Section A: Plan Framework ..................................................................................................................................................... 2 A.1 Purpose and Contents ................................................................................................................................................. 2 A.2 The Planning Process .................................................................................................................................................. 5 Section B: Plan Direction ......................................................................................................................................................... 7 B.1 Municipal Plan Goals and Objectives ......................................................................................................................... 7 B.2 Land Use Goals, Policies and Proposals ...................................................................................................................... 8 B.2.1 Overall Development Strategy ........................................................................................................................... 8 B.2.2 Legal Non-Conforming Uses ............................................................................................................................. 18 B.2.3 Public Streets and the Subdivision of Lands .................................................................................................... 20 B.2.4 Public and Safety Emergency Services ............................................................................................................. 25 B.2.5 Public Utilities ................................................................................................................................................... 30 B.2.6 Hinterland Areas ............................................................................................................................................... 32 B.2.7 Residential Uses ................................................................................................................................................ 36 B.2.8 Economic Development, Commercial and Industrial Uses ............................................................................. 39 B.2.9 Protection of the Natural Environment ........................................................................................................... 42 B.2.10 Open Space and Recreational Uses ............................................................................................................... 49 B.2.11 Archaeological and Historical Sites ................................................................................................................ 52 8.2.12 Signs ................................................................................................................................................................ 55 Section C: lmplementation ................................................................................................................................................... 58 C.1 Overview .................................................................................................................................................................... 58 C.2 Administration of Plan and Regulations ................................................................................................................... 58 C.2.1 Division of Powers ............................................................................................................................................ 58 C.2.2 Public Consultation and Participation .............................................................................................................. 59 C.2.3 Development Review and Approval Process ................................................................................................... 59 C.2.4 Performance-based Discretionary Decision-making ....................................................................................... 60 C.2.5 Professional Advice and Certification .............................................................................................................. 60 C.3 Recommended Studies and lnitiatives ..................................................................................................................... 62 C.4 Municipal Land Assembly Program .......................................................................................................................... 62 C.5 Municipal Capital Works and Budgeting Program ................................................................................................... 63 Appendix A: Amendments .................................................................................................................................................... 64 Appendix B: Future Land Use Classes and Use Zones ......................................................................................................... 65 Appendix C: Performance-based Rubric .............................................................................................................................. 66 ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 1 of 70 A.1 PURPOSE AND CONTENTS · Note: Italicized words are defined in the 'Development Regulations (2023-33}' The 'Town of Anchor Point Municipal Plan (2023-33)' (henceforth the Plan) is the legal document for guiding the future of the Town between 2023 and 2033. The Plan strives to manage growth and development; promote economic development through supporting the local economy; and protect the character of existing neighbourhoods, the natural environment and drinking water supplies. The Plan is guided by the overarching goal and objectives (subsection 'B.1 Municipal Plan Goal and Objectives'). These provide the context for the detailed land use subsections {subsection 'B.2 Land Use Goals, Policies and Proposals'). Each subsection contains a guiding goal, general policies and specific proposals of Council to give effect to the Plan. The 'Town of Anchor Point Development Regulations {2023-33)' (henceforth the Regulations) contain the detailed development provisions required to implement the Plan. The relationship between the Plan and Regulations is shown in 'Illustration 1: Municipal Plan and Development Regulations Framework.' ~. SCP Town of Anchor Point Municipal Plan (2023-33} Page 2 of 70 Illustration 1: Municipal Plan and Development Regulations Framework Municipal Plan Goal and Objectives Land Use Goals Land Use Policies Land Use Proposals Development R~ulations (Pa_rt I) Municipal Plan (Part I) The Town's Municipal Boundary (henceforth MB), or commonly referred to as Town limits, extends approximately 2.2km north-south along provincial Route #430. Provincial Context'). The Town is situated in Saint Barbe Bay along with the unincorporated community of Saint Barbe and the Local Service Districts of Black Duck Cove and Pidgeon Cove St. Barbe to the southeast. The Town's Municipal Planning Area (henceforth MPA), for which the Plan and Regulations apply, encompasses a wider area than the MB (see 'Illustration 2: Municipal Planning Area (MPA) and M unicipal Boundary (MB)'). The area of the MPA is approximately 12.4km2 and includes the Town's water supply-Well Cove Brook Protected Water Supply Area (PWSA). The Plan and the Regulations apply to all public and private freehold lands within the MPA. ~- SCP --- Town of Anchor Point Municipal Plan (2023-33) Page 3 of 70 Under the Urban and Rural Planning Act, 2000 (henceforth t he Act), Council must review the Pion every five (5) years from the date on which it came into effect; and if necessary, revise the Pion to reflect changes in the community that can be foreseen during the next ten (10) year period. In response to new development proposals or changes to community and Council priorities, policies or proposals, the Pion may be amended as necessary prior to the legislative review period. Such amendments must follow the process outlined under section 25 of the Act (see 'Appendix A: Amendments' for the current list of legally enacted amendments to the Pion and Regulations). :. SCP Town of Anchor Point Municipal Plan (2023-33) Page 4 of 70 A.2 THE PLANNING PROCESS1 The process to develop a new Municipal Plan takes place in several steps as shown in 'Illustration 3: Planning Process.' The first step, 'Research & Analysis,' involves researching all relevant planning issues, including a review of current land use, demographics, and economic data; and gathering t he most recent mapping and aerial imagery for the Town. The research also involves assessing other initiatives, reports, and studies; and, where appropriate, incorporating them into t he Municipal Plan. The summary of this step is compiled in the associated Background Report, which was submitted to Council for review prior to the development of this Plan. The second step involves 'Stakeholder & Public Consultation.' The Plan is community-based and must involve residents at a collaborative level in order to be relevant and effective. The document st rives to reflect the open and democratic process of planning, incorporating the input and views of the public. The Plan is meant to articulate a harmonized vision and direction in which t he residents wish to see t he Town progress over the next ten (10) years. The summary of this step is compiled in the Public Participation Report. The Report summarizes the various public participation strategies that were implemented in order to garner feedback for the development of this Plan. Illustration 3: Planning Process /0 .. Research & Analysis Assessment of current planning contexts, uses, and interests; review of post townscape and development studies; and assembly of GIS mopping data - - - ,,, .. Stakeholder & Public Consultation Consultation with residents, provincial agencies, regional authorities, and community stakeholder groups / .. Draft Plan & Mapping Formulation of the brood gaol and objectives of the Municipal Plan; development of the policies and proposals of Council; and drafting of the Development Regulations to implement the Municipal Pion - ~ .. 0 Plan Review Deportment of Municipal and Provincial Affairs reviews the Municipal Pion for conformity with provincial interest, low and policy; Council adopts the Municipal Plan and schedules a public hearing Municipal Plan Approved Council considers the Commissioner's report/ram the public hearing and approves the Municipal Pion; Deportment of Municipal and Provincial Affairs reviews the Municipal Plan for registration requirements In accordance with section 15 of the Act, the draft Municipal Plan is submitted to the M inister of Municipal and Provincial Affairs for review to ensure that t he document conforms to provincial interest, law and policy. Following t he completion of the provincial review, Council may by resolution formally adopt t he Plan in accordance with section 16 of the Act. Council may t hen give notice of adoption and 1 Section revised from Town of Norman's Cove- Long Cove, Municipal Plan 2012-2022, Subsection 1.5, Registration #3500-2013-006, Gazette Date August 2, 2013 * SCP --- Town of Anchor Point Municipal Plan (2023-33} Page 5 of 70 tentative public hearing (section 17 of the Act). If the public hearing proceeds, a Commissioner, who is appointed by Council, shall hear objections and representations at the hearing and will follow up with a report to Council. The report must contain a recommendation with two copies of evidence taken from the hearing (section 22 of the Act). After the Commissioner's report has been submitted, Council considers the recommendation and may approve the Plan, table the Plan, or approve the Plan with changes recommended by the Commissioner. If approved, Council must then submit the Plan and Regulations to the Minister of Municipal and Provincial Affairs to be registered in the planning registry established by the Department (section 24 of the Act). The Plan comes into effect on the date that the notice of its registration is published in the Newfoundland and Labrador Gazette (subsection 24(3) of the Act). ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 6 of 70 B.1 MUNICIPAL PLAN GOALS AND OBJECTIVES The overarching goal of this Plan is to facilitate a sustainable, safe, and healthy Town in which to work, play, and rest. The broad objectives of this Plan are to: (a) Facilitate and maintain the established residential and rural character of the community; (b) Support growth and development that is consistent with community values; (c) Ensure land is used and developed in an environmentally responsible manner; (d) Promote a healthy community that engages in active recreation and active transportation; (e) Protect environmentally sensitive areas; (f) Recognize the traditional variety and mix of land uses, while separating incompatible uses and minimizing the potential for land use conflicts; (g) Support the revitalization of a healthy resource-based economy; (h) Promote economic diversification; (i) Protect existing and potential future potable water resources; (j) Encourage a development pattern that will minimize future servicing needs and costs; (k) Promote the utilization and upkeep of existing and proposed public infrastructure; (I) Direct development away from areas that pose a risk to public health and safety, or where property may be damaged; and (m) Encourage the provision of areas for public open spaces and park uses. ~ SCP --- Town of Anchor Point Municipal Plan (2023-33) Page 7 of 70 The goal and objectives reflect Council's priorities for the future development of the MPA. The objectives provide a reference for those who administer and enforce the Plan, and to use when making land use decisions. 8.2 LAND USE GOALS, POLICIES AND PROPOSALS B.2.1 OVERALL DEVELOPMENT STRATEGY 1B.2.1.1 Overview The overall development strategy addresses the future distribution and form of development within the MPA. A central thrust of the Plan and Regulations is to guide development in a manner that is compatible with existing neighbourhoods and avoids or minimizes negative land use impacts. Negative land use impacts include the creation of hazards or nuisances such as noise, dust, odour, vibration, or light pollution. Much of the guiding direction of the Plan-as outlined through t he following land use goals, policies and proposals-revolves around this theme. The overall development strategy also addresses the need for an efficient development pattern that promotes active living and active transportation, but red uces overall resources and costs for transportation, public and safety emergency services. However, Council understands that facilitating an efficient development pattern must be balanced with the existing rural residential character of the Town. On the whole, the Town is characterized by a low density, rural residential development pattern which allows for residents to maintain and enjoy the best of both rural and residential living. Resource fishing uses are also central to the make-up of the Town. The policies and proposals in the Plan are thus supportive of facilitating an efficient development pattern, but are not overly restrictive in preventing the expansion of development activities into greenfield, hinterland areas of the MPA. B.2.1.1.1 Future Land Use Classes and Implementing Use Zones To achieve the overarching goal and objectives of this Plan, the MPA is divided into two (2) future land use classes on the Future Land Use Classes Map ('Schedule A: Future Land Use Classes Map'). The 'Conservation (C)' future land use class is designated to protect environmentally significant and sensitive features. This includes areas such as, but not limited to, wetlands, watercourses, and buffers therefrom. All remaining lands are designated 'Development (D)' to allow the creation of a wide range of uses, which include agricultural uses, commercial uses, industrial uses, institutional uses, residential uses, resources uses, and transportation uses. The policies, proposals, and Regulations give more structure and direction to these two (2) future land use classes. Despite the two (2) future land use classes and associated policies and proposals, select use groups, use divisions, and uses may be created in any future land use use class. Examples include, but are not limited to, public utilities, park uses, mobile and transient uses. Although these uses may not necessarily be allowed in any use zone, allowing their creation affords Council the flexibility to amend the Town of Anchor Point Municipal Plan (2023-33) Page 8 of 70 Regulations (e.g. considering a rezoning request) without amending the Plan to allow specific uses in appropriate circumstances. The future land use classes shall be implemented by four (4) initial use zones: 'Community Development (CD)', 'Rural (R)', 'Conservation (C)', and 'Residential (RES).' As per subsection 13(2)(c) of the Act, these four (4) uses zones shall only contain permitted and discretionary uses that are afforded by their parent future land use class. The 'Conservation (C)' future land use class by and large mirrors the corresponding C land use zone and allowed uses. The future land use classes and subsidiary use zones are summarized in table format in 'Appendix B: Future Land Use Classes and Use Zones.' The 'Development (D)' future land use class contains the CD, R, and RES use zones, in which permitted and discretionary uses vary considerably. This gives Council increased flexibility in amending the Regulations for specific development proposals (e.g. rezoning), as opposed to having to concurrently amend the Plan. (Amending the Regulations is a more streamlined legislative process compared with amending the Plan; and does not require initial review by the Department of Municipal and Provincial Affairs or a public hearing presided over by a Commissioner.) The RES use zone is, at the initial Gazette date of the Plan and Regulations, set up as a floating use zone mainly allowing residential uses and is not yet applied to any lands within the MPA. The intent of the RES use zone is to potentially rezone future lands for residential subdivision development. This form of rezoning, for example, may be driven by a developer applying for a residential subdivision development within the MPA. The broad 'Development (D)' future land use class also allows the creation of a new use zone to accommodate a specific development proposal that is not allowed under the respective use zone. For example, as opposed to rezoning from CO to R to allow a manufacturing - heavy use (discretionary use), a new use zone (e.g. R-1) may be created to allow only the proposed use in the new R-1 use zone. This restricts t he potential for other high impact uses to be approved and developed on the subject lands in the future. Efficient Development Pattern A low density development pattern, in which buildings, structures, and associated uses are few in number but are widely spread apart, is very costly in terms of: (1) providing public services such as water and sewer, road maintenance, snow clearing, parks upkeep, and solid waste collection; (2) providing safety emergency services such as fire, ambulance, and police services; and (3) overall transportation costs, presently borne by each resident (e.g. private motor vehicle travel, since there is no public transit options for residents). In order to facilitate an efficient development pattern, future development should be encouraged to locate primarily in the existing built-up area of the Town, which is the existing developed portion of the community along Loop Road and Anchor Point Road (Main Street). This area by and large corresponds with the provincial community infilling limits (see 'Illustration 4: Provincial Community Infilling Limits'). ~- SCP Town of Anchor Point Municipal Plan (2023-33) Page 9 of 70 Infilling limits were established through policy by provincial Crown Lands to manage the growth of communities in Newfoundland and Labrador. This has helped facilitate the broader development pattern of the Town to date, primarily because Crown Lands will not dispose of lands for residential uses outside of these infilling limits. These limits thus help ensure that municipalities in Newfoundland and Labrador grow in a more compact and sustainable manner until such time that local planning frameworks are established. The community infilling limits are thus superseded by the provisions within this Plan and Regulations (as of the Gazette date of the Plan and Regulations) and Crown Lands will be dispensed in accordance with said provisions. Legend This area possesses the highest residential densities and bulk of infrastructure and serviced public streets. This area also contains the core institutional uses and industry of the Town, including the Town Hall, municipal playground facility, Saint Matthew's Anglican Church, and fishing port with secondary shrimp processing facility (Barry Group Inc.). The development pattern of the Town has also been shaped by the provincial Protected Road Zoning Regulations in the area, which are implemented via zoning outlined in the 'Great Northern Peninsula ~. SCP Town of Anchor Point Municipal Plan (2023-33) Page 10 of 70 Highway Zoning Plan 1990' (see 'Illustration 5: Provincial Protected Road Zoning Regulations'). Unlike the community infilling limits, which is primarily for the disposal of Crown Lands, this provincial zoning applies to both public Crown Lands and private freehold lands. The 'Rural Conservation (RC)' use zone is especially noteworthy as it restricts residential uses. To date, this has had the effect of abating residential development along most of the 200m wide buffer area (i.e. 100m on either side of the centre line) along the section of Route #430 that runs through the Town. As of the initial Gazette date of this Plan and Regulations and as per section 10 ('Areas with approved plans') of the Protected Road Zoning Regulations, the regulatory provisions of this Plan and Regulations supersede the regulatory provisions of the Protected Road Zoning Regulations. This means that the zoning under the Town's Regulations will apply in place of the zoning illustrated in Illustration 5. However, a Protected Road Zoning Permit is still required from Service NL for any development within provincial planning jurisdiction (i.e. within the 200m wide buffer). Legend f: _i Municipal Boundary Rural Conservation (RC) Mixed (M) Despite local zoning taking precedence and as of the initial Gazette date of this Plan, it is the intent of Council to restrict future residential development along the preexisting 'Rural Conservation (RC)' use zone corridor through the implementation of a 'Rural (R)' use zone. This approach is in keeping with the ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 11 of 70 objectives of the 'Great Northern Peninsula Highway Zoning Plan 1990,' the underlined sections of which are relevant to Council and the direction of this Plan: 1. To restrict sporadic ribbon development along the highway. 2. To restrict the number of accesses along the highway. thus reducing the number of potential hazards and expediting the free flow of traffic. 3. To ensure that development along the highway is constructed and located in such a manner as not to detract from the amenities of the roadside. 4. To control the location of advertisements on the highway and to ensure that those permitted do not present an eyesore or pose a hazard to traffic by virtue of their lettering and design. 5. To ensure that new development will not create a sanitation in itself or to adjoining property, or in any way have an injurious effect on t he property of others. 6. To ensure that highway service areas are developed along the highway in locations that will provide assistance to the travelling public in a safe and convenient manner. 7. To ensure that the standards of construction confirm to the minimum requirements of the National Building Code of Canada. 8. To assist in the orderly development of the community where that ability lies within this Department's terms of reference. 9. To generally ensure that the amenity of roadside is kept in a pleasing condition. However, it is not the intent of Council to exactly mirror the preexisting provincial zoning with local zoning. There are sections, for example, which are more appropriately zoned 'Conservation (C)' as opposed to 'Rural (R)' due to the presence of wetlands and watercourses. Further, where Council is considering a request to rezone lands to 'Community Development (CD)' along Route #430, a referral shall be forwarded to DTI. Active Living and Transportation As the population ages, active living and active transportation will become increasingly important and relied upon by seniors and other residents on fixed incomes. An efficient development pattern provides opportunities for residents to visit friends and family in close proximity to their homes, and to walk to stores and services. Facilitating opportunities for active living and active transportation will also help promote the overall health and well-being of residents and the Town as a whole. The Town is fortunate to have an existing compact development form with dwelling units in close walking distance. This is a strong foundation to further active living and active transportation in the community. Residential Rural Lifestyle and Development Council recognizes that residents enjoy living in the Town because of the residential rural lifestyle it affords (i.e. offering the best of both residential and rural living). Some residents prefer to live in low density residential areas where they are in a more natural environment and are distanced from surrounding land use activity (e.g. Subdivision Road). Despite the promotion of an efficient development pattern in the existing built up portion of the Town, compatible development of an appropriate use and ~- SCP Town of Anchor Point Municipal Plan (2023-33) Page 12 of 70 scale may be considered in appropriately designated areas on the Future Land Use Classes Map. Where areas are not appropriately zoned to accommodate a proposed use and development, the proposal may be considered through the Regulations amendment application process (i.e. rezoning process). Given the rich history in fishing in the Town, it is the intent of Council to take a permissive approach to allowing fishing uses throughout the Town. Understanding the need for community self reliance and sustainability, Council also recognizes the importance of promoting agricultural uses throughout the Town. The promotion of agricultural uses must be balanced with mitigating or eliminating the potential for negative land use impacts on adjacent properties. It is thus the intent of Council to categorize various agricultural uses into sub-uses within the Regulations, which may be allowed in various use zones (i.e. listed as permitted or discretionary uses), depending on the nature, scale, and potential for land use nuisance relating to each development. IB.2.1.2 Goal and Policies l It is a goal of Council to guide development in the Municipal Planning Area that is compatible with : : existing neighbourhoods, minimizes or avoids negative land use impacts, and facilitates an efficient · - developmentp~t5:~m t_hat reduces o~:r.a.1_1 costs and promotes active livin.?. and ac~~~ t~a.nsportation . . It is a policy of Council to: B.2.1.2 (lJ Facilitate development that is compatible with the character of existing neighbourhoods and minimizes or avoids negative land use impacts on existing, established land uses. Negative land use impacts include the creation of hazards or nuisances such as, but not limited to, noise, dust, odour, vibration, or light pollution. B.2.1.2 (2) Guide future development in the Municipal Planning Area through the establishment of future land use classes designated on the Future Land Use Classes Map. B.2.1.2 (3) Despite policy B.2.1.2 (2), allow select use groups, use divisions, and uses to be made in any future land use class in the Municipal Planning Area. B.2.1.2 (4) Give priority to infilling vacant land, currently serviced by municipal water and sewer and fronting onto existing public streets, over the development of new municipal streets and infrastructure. B.2.1.2 (5) Promote a compact and efficient development pattern within the existing built up portion of the Municipal Planning Area, in order to promote active living and active transportation and to reduce the overall costs of transportation, public and safety emergency services. This area is generally defined by the provincial community infilling limits outlined in 'Illustration 4: Provincial Community Infilling Limits.' ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 13 of 70 8.2.1.2 (6) In order to facilitate an efficient development pattern as per policy B.2.1.2 (5), encourage new residential, commercial, and institutional uses to locate within the existing built up portion of the Town. This area is generally defined by the provincial community infilling limits outlined in 'Illustration 4: Provincial Community Infilling Limits.' 8.2.1.2 (7) Allow compatible developments of an appropriate use and scale throughout the Municipal Planning Area. 8.2.1.2 (8) Regulate development adjacent to Route #430 in a manner that is in keeping with the objectives of the 'Great Northern Peninsula Highway Zoning Plan 1990.' This policy is meant to respect the original intent of said Plan and is not t o be interpreted as to regulate development in an exact manner as per said Plan. 8.2.1.2 (9) Take a permissive approach to allowing fishing uses throughout the Municipal Planning Area. In accordance with the specific proposals under subsection B.2.1.3, fishing uses may be created in their respective future land use classes. 8.2.1.2 (10) Support and encourage the development of agricultural uses throughout the Municipal Planning Area. In accordance with the specific proposals under subsection B.2.1.3, which are based on potential for land use impact and location within the Town, various types of agricultural uses may be created in their respective future land use classes. 1B.2.1.3 Proposals ; I~ is a proposal of Council to: 8.2.1.3 (1) Adopt land use policies and proposals and implementing Regulations that facilitate development that is compatible with the character of existing neighbourhoods and minimizes or avoids negative land use impacts on existing, established land uses. 8.2.1.3 (2) Designate and divide land in the Municipal Planning Area into two (2) future land use classes. In accordance with subsection 13(2)(c) of the Act, the following tables outline the main uses that may be made in each future land use class (i.e. included as permitted or discretionary uses in the use zone tables under subsection 'E.2 Use Zone Regulations' of the Regulations). Uses that are not included in the main uses category shall constitute prohibited uses that cannot be made in any use zone within the respective use class. If a use is cross-referenced in 'Appendix C: Use Category Table' of the Regulations, it may be created under the respective use group or use division (e.g. warehouse/ indoor storage is listed under both commercial and industrial use groups). ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 14 of 70 (a) Development (D}: This future land use class is designated to facilitate a wide range of uses throughout the existing developed and undeveloped hinterland areas within the Municipal Planning Area. Development (D) i. Use Groups ii. Use Divisions iii. Uses Main Uses (al Agricultural {N/Al {N/A) {bl Commercial (cl Industrial (dl Institutional (el Residential (fl Resource (gl Transportation As of the initial Gazette date of the Plan and Regulations, the following use zones are seated under the 'Development (D)' future land use class: 'Community Development (CD)', 'Rural (R)', and 'Residential (RES).' This future land use class does not preclude the creation of new use zones that contain the uses listed under the 'Development (D)' table above and/or the uses listed under the 'All Areas within MPA Table' under proposal B.2.1.3 (3). (bl Conservation (C): This future land use class is designated to protect sensitive environmental features and to allow certain open space uses, and other select uses. Conservation (C) i. Use Groups ii. Use Divisions iii. Uses Main Uses (N/A) (N/Al (a) Water supply (bl Area of natural, historic, or scientific interested (cl Passive park (public or private) (d) Interpretive centre (el Active park (public or private) As of the initial Gazette date of the Plan and Regulations, only the 'Conservation (C)' use zone is seated under the 'Conservation (C)' future land use class. This future land use class does not preclude the creation of new use zones that contain the uses listed under the 'Conservation (C)' table above and/or the uses listed under the 'All Areas within MPA Table' under proposal B.2.1.3 (3). ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 15 of 70 8.2.1.3 (3) Despite proposal B.2.1.3 (2), the following uses may be made throughout t he Municipal Planning Area in any future land use class. All Areas i. Use Groups ii. Use Divisions iii. Uses within MPA Main Uses (a) Open Space (a) Agricultural - Small Scale (a) Commercial/Industrial/Resource - (b) Sign (b) Resource - Earth Exploration (N/A) - Warehouse/Indoor (c) Utilities Storage (b) Commercial/Institutional - (N/A) - Special Function Tent (c) Commercial - (N/A) - Vending Facility (d) Institutional - Educational - Mobile Educational/Instructional Use (e) Institutional - (N/A) - Government Use (f) Institutional - Services - Safety Emergency Services (g) Transportation - (N/A) - Marina (h) Transportation - (N/A) - Transportation Hub 8.2.1.3 (4) Where on the Future Land Use Classes Map the use class boundary is uncertain, interpret the boundary as to follow the Municipal Planning Area, street line, easement, right-of-way, trail, walkway, nearest cliff edge adjacent to a watercourse or ocean coastline, or outermost reach of a watercourse w here no discernible cliff edge is present. 8.2.1.3 (5) Facilitate a mix of compatible developments of appropriate use and scale along t he majority of public streets within the Municipal Planning Area. This shall be implemented through the application of a mixed-use, 'Community Development (CD)' use zone, which covers existing developed areas largely defined by the provincial community infilling limits. However, this proposal does not restrict the CD use zone to these infilling limits and Council may in the future consider the extension of the CD use zone through the Regulations amendment process (e.g. rezoning). Uses allowed in the CD use zone shall include commercial uses, institutional uses, residential uses, and other select uses. Residential uses with :;;;4DUs shall be listed as permitted uses, w hereas higher density residential uses (2:SDUs) shall be listed as discretionary uses. Depending on the nature, scale, and compatibility of other uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2) (a), they may be listed as either permitted or discretionary uses in t he CD use zone. B.2.1.3 (6) Allow development in the hinterland areas of the Municipal Planning Area through the application of a 'Rural (R)' use zone. Uses allowed in the R use zone shall include agricultural uses, open space uses, resource uses, and other select uses. These uses are of a rural nature and generally require Town of Anchor Point Municipal Plan (2023-33) Page 16 of 70 an expanse of land and separation from residential uses. Residential uses shall be prohibited in this use zone. Depending on the nature, scale, and compatibility of other uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2)(a), they may be listed as either permitted or discretionary uses in the Ruse zone. B.2.1.3 (7) Establish a 'Residential (RES)' floating use zone for the potential rezoning of future lands developed for residential subdivision use. As of the initial Gazette date of the Plan and Regulations, this use zone is not applied to any lands within the Municipal Planning Area. Uses allowed in the RES use zone shall include mainly low density residential uses and other select uses. Depending on the nature, scale, and compatibility of other uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2) (a), they may be listed as either permitted or discretionary uses in the RES use zone. An amendment will still be required if Council contemplates an RES use zone in the future. B.2.1.3 (8) Through the Regulations amendment application process, consider requests to rezone lands within the 'Development (D)' future land use class where the specific proposal is consistent with the policies and proposals of this Plan and meets all of the applicable requirements of the Regulations. Council may also consider the creation of new, tailored use zones within the D future land use class to accommodate specific development proposals and to help protect adjacent properties from the future development of incompatible uses. B.2.1.3 (9) Protect environmentally significant and sensitive lands and features through the application of a 'Conservation (C)' future land use class and use zone. Lands designated and zoned C include, but are not limited to, wetlands, watercourses, and buffers therefrom. Uses allowed in the C use zone shall include low impact uses such as, but not limited to, passive parks (public and private), mobile/transient uses, and other select uses. Depending on the nature, scale, and compatibility of other uses in the 'Conservation (C)' future land use class under proposal B.2.1.3 (2)(b), they may be listed as either permitted or discretionary uses in the C use zone. B.2.1.3 (10) Further to policy B.2.1.2 (8), restrict residential development along the majority of the section of Route #430 that runs through the Town via the implementation of a 'Rural (R)' use zone and 'Conservation (C)' use zone. As per proposal B.2.1.3 (8), the rezoning of land from 'Rural (R)' to 'Community Development (CD)' may be considered by Council on a case-by-case basis through the Regulations amendment application process (i.e. rezoning process). As a part of considering a Regulations amendment application along Route #430, the application shall be forwarded to OT/ for review. SCP Town of Anchor Point Municipal Plan (2023-33) Page 17 of 70 B.2.2 LEGAL NON-CONFORMING USES ls.2.2.1 Overview Section 108 of the Act allows the continuance of legal non-conforming uses and developments throughout the MPA, despite the creation of prohibited uses in the future land use use classes in the Plan and use zones in the Regulations. In general terms, legal non-conforming use rights are a form of grandfathered rights applying to existing uses and developments, which were legal before the initial Gazette date of the Plan and Regulations. There are, however, specific limitations associated with these uses and developments. These limitations are outlined in detail under section 108 of the Act. Although subsection 13(2)(f) of the Act requires provisions within the Plan that address legal non- conforming uses and developments, the initial establishment of future land use classes and use zones strives to ensure that all existing uses currently conform to the Plan and Regulations. In other words, all efforts were made to appropriately designate and zone current uses on existing lots. As of the initial Gazette date of the Plan and Regulations, Council has no intent to phase out any existing uses and developments within the MPA. However, Council recognizes that modernized development standards are required for new developments within the Town. Where developments are removed (demolished or destroyed) and proposed to be replaced, said developments may have to conform with all current development standards under the Regulations. Council acknowledges that legal, non-conforming development rights have specific limitations; and as such, the respective provisions under section 108 of the Act must be respected and adhered to when considering development applications for the replacement of legal non-conforming uses and/or developments. Section 108 of the Act provides for specific application types pertaining to non-conforming uses and developments. For example, subsection 108{3)(d) of the Act gives the owner of a lot, with a legal non- conforming use, the right to apply to Council to change said use to another use that is more compatible with neighbouring properties, and the Plan and Regulations. In addition to the Act, the division of powers and details of non-conforming use application types shall be outlined in the Regulations. ls.2.2.2 Goal and Policies ! It is a goal of Council to respect the rights of property owners with legal non-conforming uses and/or : : developments. . ·-····· -······- .. .. .. ............. .-... ... .. ..... . ·-············ ... . .....-.. . ·······-······· ... . - It is a policy of Council to: B.2.2.2 (1) When regulating legal nonconforming uses and/or developments, .filillly_ the provisions of section 108 of the Act and allow non-conforming uses and/or developments to continue. ~ SCP --- Town of Anchor Point Municipal Plan (2023-33) Page 18 of 70 B.2.2.2 (2) As of the initial Gazette date of the Plan and Regulations, avoid creating legal non- conforming uses-of which said uses are regulated under section 108 of the Act-by applying the appropriate future land use classes and use zones to existing lots with established uses and developments. B.2.2.2 (3) Outline specific provisions in the Regulations that address legal non-conforming uses and non-conformance with respect to standards. IB.2.2.3 Proposals i lt is ... aF~?posal of Council to: ................................. ... ···························· ................ - .. .. ........................ , B.2.2.3 (1) Further to policy B.2.2.2 (3), implement specific provisions in the Regulations that address a non-conforming use application for: (a) Changing a non-conforming use associated with a building, structure or development to a use that is more compatible with the Plan and Regulations; (b) Internally or externally varying, extending or expanding an existing development with a non- conforming use (an extension to an existing building with a non-conforming use shall not exceed 50% of the floor area of the building); and ( c) Other development as identified in section 108 of the Act. B.2.2.3 (2) In accordance with subsection 108(2) of the Act and section 17 of the Minister's Development Regulations, implement a specific provision in the Regulations that will allow the resuming of a non-conforming use where discontinuance is no greater than 18 months. ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 19 of 70 8.2.3 PUBLIC STREETS AND THE SUBDIVISION OF LANDS ls.2.3.1 Overview Route #430 is owned and maintained by the Province (see 'illustration 6: Existing Street Network'). This includes all snow clearing, servicing and improvements. All public streets owned and maintained by the Town are accessed from this provincial Route #430. Municipal streets are all local streets; there are no collector or arterial streets off of provincial Route #430. There are a few private laneways within the municipality, which are not vested in the Town and are not built to any engineered standard. Illustration 6: Existing Street Network Strait of Belle Isle Legend r: j Municipal Boundary Provincial Streets Municipal Streets Private Laneway 0.5 1 km Saint Barbe Boy Despite provincial or municipal ownership, Council promotes and supports safe streets that accommodate active transportation, have safe speed limits and clear sight lines at intersections and driveway accesses. It is the intent of Council to liaise and work with the provincial Department of Transportation and Infrastructure (OT/) to improve street safety along Route #430 including, but not limited to, implementing traffic calming measures and referring development and amendment applications along these routes to help ensure safe access is achieved. It is also t he intent of Council to implement development standards in the Regulations that facilitate safe streets, such as the minimum SCP Town of Anchor Point Municipal Plan (2023-33) Page 20 of 70 setback of a proposed driveway access to an intersection and the height restriction of vegetation and development in daylighting triangles. Illustration 7: Route 11430 Where Town resources are limited, Council prefers not to assume ownership and maintenance of additional municipal streets. As per policy B.2.1.2 (4) under subsection 'B.2.1 Overall Development Strategy,' the infilling of vacant land, currently serviced by municipal water and sewer and fronting onto existing public streets, is prioritized over the development of new public streets and infrastructure. Financial resources permitting, it is the intent of Council to allocate any street infrastructure funds to the improvement of existing municipal streets. Where subdivision development is driven by a private developer, t he cost of developing new streets, and associated utility and public service infrastructure, shall be borne by the applicant. Prior to issuing a development permit for a subdivision development, Council may require that the developer enter into a legally binding development agreement to help ensure that the subdivision proposal is developed in accordance with the submitted plans. The agreement may also include the requirement of upfront, financial guarantees (deposits) prior to issuing a development permit and work being carried out. Council may also attach conditions to a development permit for a subdivision development, which shall, in such case, reference the development agreement for enforcement purposes. A development permit application for subdivision development must encompass core elements including, but not limited to, provisions for potable water and sewerage disposal, public utilities, lot streetage, land for public open space, development phasing, on-site drainage, active transportation ~- SCP Town of Anchor Point Municipal Plan (2023-33) Page 21 of 70 connections, and future municipal streets and connections thereto. These requirements are outlined in more detail under 'Section D: Subdivision' of the Regulations. As per the terms and conditions of a development agreement, Council need not assume ownership, maintenance and upkeep of any new streets constructed by a developer until all standards within the Regulations, and conditions of the development permit and development agreement are met. The development of new, dead-end cul-de-sac or p-loop streets is discouraged within the MPA. Dead- end streets are often limited to one emergency access and do not facilitate connectivity within the Town. However, where the long-term phasing of a subdivision development is proposed, Council shall require the development of a temporary cul-de-sac to ensure that the street segment (phase) can be safely and efficiently maintained until such time that the respective subdivision street can be extended. As a condition of a development permit, a temporary emergency vehicle access shall also be required where the long-term phasing of a subdivision development is proposed. It is the intent of Council to promote an orderly lot development pattern within the Town. This includes meeting minimum [lot] frontage, lot streetage, and lot depth requirements, as per subsection 'D.7 Lot Creation Standards' of the Regulations. However, Council recognizes that this may not be possible for the subdivision and development of existing infilling lots due to the irregular, historical subdivision of lands within the Town. Although the creation and development of back lots is discouraged by Council, this form of development may be considered by Council on a case-by-case basis similar to a discretionary use, thereby requiring public notice in accordance with the Regulations. In order to help ensure safe access for safety emergency services and to minimize the impact on adjacent lots, Council shall implement specific standards for the creation of back lots. Any subdivision development on a new street shall contain lots that are connected to municipal water and sewer services. Unserviced subdivision development is therefore prohibited in the Town. js.2.3.2 Goal and Policies : It is a goal of Council to prioritize the maintenance and upkeep of existing municipal streets over the ' : development of new streets, whilst facilitating the regular and orderly subdivision of lands within the : l Municipal Planning Area. It is a policy of Council to: B.2.3.2 (1) Financial resources permitting, allocate any street infrastructure funds to the improvement of existing municipal streets over the development of new streets. B.2.3.2 (2) Support safe streets that accommodate active transportation and have safe speed limits, and clear sight lines at intersections and driveway accesses. ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 22 of 70 B.2.3.2 (3) Liaise and work with the provincial Department of Transportation and Infrastructure (OT/) to improve street safety along Route #430 including, but not limited to, the implementation of traffic calming measures and referring development and amendment applications along this highway to help ensure safe access is achieved. B.2.3.2 (4) Where subdivision development is driven by a private developer, require the cost of developing new streets, and associated utility and public service infrastructure, t o be borne by the applicant. B.2.3.2 (S) Further to policy B.2.3.2 (4) and prior to issuing a development permit for a subdivision development, consider the requirement of a development agreement, which may include provisions for upfront financial guarantees (deposits) or service levies. B.2.3.2 (6) Further to policy B.2.3.2 (5), reference a development agreement for subdivision development as a condition of an associated development permit, which will allow Council to enforce provisions within the agreement where necessary. B.2.3.2 (7) Further to policy B.2.3.2 (5) and where detailed under the terms of a development agreement, refrain from assuming ownership, maintenance and upkeep of any new streets constructed by a developer until all standards within the Regulations, and conditions of the development permit and development agreement are met. B.2.3.2 (8) Discourage the development of new, dead-end cul-de-sac or p-loop streets within the Municipal Planning Area. B.2.3.2 (9) Despite policy B.2.4.2 (8) and where the long-term phasing of a subdivision development is proposed, require the development of a temporary cul-de-sac to ensure that the street segment (phase) can be safely and efficiently used and maintained until such time that the respective subdivision street can be extended. As a condition of a development permit, a temporary emergency vehicle access shall also be required where the long-term phasing of subdivision development is proposed. B.2.3.2 (10) Discourage the creation of back lots for development purposes. B.2.3.2 (11) Despite policy B.2.3.2 (10), consider the creation of back lots for development purposes on a case-by-case basis, similar to a discretionary use thereby requiring public notice in accordance with the Regulations. B.2.3.2 (12) Require any new subdivision development on a new street to contain lots that are connected to municipal water and sewer services. ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 23 of 70 ls.2.3.3 Proposals It is a proposal of Council to: B.2.3.3 [1) Facilitate the regular and orderly subdivision of lands within the Municipal Planning Area through the implementation of 'Section D: Subdivision' standards of the Regulations. B.2.3.3 (2) Implement development standards in the Regulations that facilitate street safety, such as the minimum setback of a proposed driveway access to an intersection and the height restriction of vegetation and development in the daylighting triangle. B.2.3.3 (3) Further to policy B.2.3.2 (11), implement back lot creation standards in the Regulations, which will- in t he event t hat Council approves such subdivision developments-help ensure safe access for safety emergency services and minimize the impact of the development on adjacent lots. Town of Anchor Point Municipal Plan (2023-33) Page 24 of 70 8.2.4 PUBLIC AND SAFETY EMERGENCY SERVICES IB.2.4.1 Overview The Town is currently serviced by municipal water and sewer, solid waste and recycling pick-up. Safety emergency services include Emergency Fire Services (EFS}, Emergency Medical Services (EMS, ambulance dispatch}, and policing services. As outlined in proposal B.2.1.2 (5), it is the intent of Council to promote a compact and efficient development pattern within the existing built up portion of the Municipal Planning Area. This area is generally defined by the provincial community infilling limits outlined in 'Illustration 4: Provincial Community Infilling Limits.' In the long-term, this will help reduce overall costs associated with public and safety emergency services. Municipal Sewer and Water Services All public streets within the MPA are serviced with municipal water and sewer. The municipal sewer is an untreated gravity-based system that outfalls directly into Saint Barbe Bay. As of the Gazette date of this Plan, there are two single unit dwellings on privately serviced water wells. Municipal water is fed by a surface water body supply (Well Cove Brook Water Supply) located to the northeast of the MB (see 'Illustration 8: Well Cove Brook Protected Water Supply Area (PWSA)'). The PWSA covers an area of approximately 9.3km2. Since the PWSA is provincially designated, the Water Resources Management Division of the Department of Environment and Climate Change (OfCC) regulates the specific activities permitted in the PWSA. The municipal water system includes a treatment facility comprised of gas chlorination and an infiltration gallery. ~ SCP --- Town of Anchor Point Municipal Plan (2023-33) Page 25 of 70 Illustration 8: Well Cove Brook Protected Water Supply Area (PWSA) Legend Municipal Boundary 0 MB Council does not intend on extending municipal water and sewer services into the hinterland areas (i.e. areas primarily zoned 'Rural' under the Regulations). However, the expansion of municipal water and sewer services into these areas may be considered on a case-by-case basis at the discretion of Council (e.g. where triggered by a specific development application and associated costs to be borne by the developer). As outlined in proposal B.2.1.3 (3) under subsection 'B.2.1 Overall Development Strategy,' all uses within the utility use group may be created throughout the MPA. This includes municipal utility infrastructure to accommodate municipal water and sewer services. Council is aware that certain development restrictions are in place within the PWSA under the provincial Water Resources Act and associated regulations. Despite the permitted and discretionary uses within underlying use zone(s}, the provincial Water Resources Management Division may prohibit certain uses in the PWSA. It is therefore the intent of Council to refer any proposed development within the PWSA to the Water Resources Management Division for review and the requirement/issuance of any applicable provincial permits. ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 26 of 70 Solid Waste and Recycling Pick-up Solid waste services are provided by the Northern Peninsula Regional Services Board (NorPen). The Town is within sub-region 3 of NorPen's operational area. Solid waste is transported to the Eddie's Cove East - Castor River North Waste Disposal Site located southeast of the Town along Route #430. The Town does not have curbside recycling, although electronic waste can be dropped of by residents at the above-noted Disposal Site. The provincial Used Beverage Container Recycling Program is in operation. To avail of this fee-for-deposit program, however, residents must directly deposit recyclables at the nearest Green Depot redemption facility, which is located in the Town of Port aux Chaix. This facility is located approximately 100km away from the southern limits of the Town. It is the intent of Council to continue to provide feasible and efficient solid waste services t hrough NorPen. The Town will further explore cost-effective ways of improving solid waste and recycling services whilst reducing the overall impact on the environment. This will entail liaising and working with NorPen in keeping up-to-date with modern technologies and developing increasingly efficient approaches to the delivery of solid waste and recycling services in the Town. Council also values the importance of reducing waste at source in order to minimize the cost and resource burden on municipal pick-up services. Council acknowledges that it has an advocacy role to play in encouraging and facilitating the on-site re-use and composting of solid waste. Safety Emergency Services The Northern Peninsula Regional Services Board (NorPen) also provides Emergency Fire Service (EFS) to the Town through the Straits Volunteer Fire Department (see 'Illustration 9: Straits Fire Department Hall'). The Fire Department Hall is located in the neighbouring Town of Flower's Cove, which is roughly 9km north of the Town along Route #430. The Fire Department is made up of the Chief, two (2) Deputy Chiefs, and approximately 25 other resident members from the Town and neighbouring communities. The nearest Emergency Medical Service (EMS, ambulance dispatch) facility is operated by Labrador- Grenfell Health based out of the Strait of Belle Isle Health Centre. As with EFS, EMS is located approximately 9km away in the neighbouring Town of Flower's Cove. The nearest hospital is the Charles S. Curtis Memorial Hospital, which is located roughly 113km north of the Town in the Town of St. Anthony. Policing services are provided by the Royal Canadian Mounted Police (RCMP). As with EFS and EMS, the nearest detachment is located approximately 9km away in the neighbouring Town of Flower's Cove. * SCP Town of Anchor Point Municipal Plan (2023-33) Page 27 of 70 Illustration 9: Straits Fire Department Hall Council recognizes that it has a key role to play in the event of a community-wide emergency. Council members and Town staff will likely have to work with non-profit groups, local businesses; and inter- municipal, provincial, federal and RCMP representatives in helping to facilitate emergency response measures following an event. This may include, but is not limited to, assisting with public works equipment, communications, and/or the relocation of residents. It is therefore the intent of Council to work with stakeholders in supporting the prompt and efficient implementation of emergency response measures in the community. Resources pending, it is also the intent of Council to develop an Emergency Measures Plan to help prepare the Town for specific types of community-wide emergencies. 1B.2.4.2 Goal and Policies [ It is a goal of Council to facilitate the safe, efficient, and affordable delivery of public and emergency services throughout the Municipal Planning Area. It is a policy of Council to: B.2.4.2 (1) Discourage the expansion of municipal water and sewer services int o hinterland areas (specifically areas zoned 'Rural (R)' under the Regulations as of the Gazette date of this Plan and Regulations). ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 28 of 70 B.2.4.2 (2) Despite policy B.2.4.2 (1), consider the expansion of municipal water and sewer services into hinterland areas on a case-by-case basis for specific developments in which the developer may be required to cover the costs associated with the expansion. B.2.4.2 (3) Refer any proposed development within the protected Public Water Supply Area (PWSA) to the provincial Water Resources Management Division for review and requirement/issuance of any applicable provincial permits. B.2.4.2 (4) Continue to contract feasible and efficient solid waste services through the Northern Peninsula Regional Services Board (NorPen). B.2.4.2 (5) Further explore cost-effective ways of improving solid waste and recycling services within the Municipal Planning Area, whilst reducing the overall impact on the environment. B.2.4.2 (6) Liaise and work with the Northern Peninsula Regional Services Board (NorPen) to remain up-to-date with modern technologies, and to develop increasingly efficient approaches to the delivery of solid waste and recycling pick-up services in the Town. B.2.4.2 (7) In order to reduce the cost and resource burden on municipal pick-up services, adopt an advocacy role in encouraging and facilitating the on-site re-use and composting of solid waste within the Municipal Planning Area. B.2.4.2 (8) Work with non-profit groups, local businesses; and inter-municipal, provincial, federal and RCMP representatives in helping facilitate and support the prompt and efficient implementation of emergency response measures in the community. IB.2.4.3 Proposals : It is a proposal of Council to: B.2.4.3 (1) Further to policy B.2.4.2 (8), develop and implement an Emergency Measures Plan to help support, facilitate and coordinate safety emergency services in the event of a community-wide emergency. ~. SCP Town of Anchor Point Municipal Plan (2023-33) Page 29 of 70 B.2.5 PUBLIC UTILITIES !B.2.5.1 Overview The provision of public utilities is essential to the day-to-day operations of the Town. Public utilities include uses in conjunction with providing energy and electricity; municipal water; cable, telephone, and telecommunication services. Public utility uses are for public consumption or benefit. As outlined in proposal B.2.1.3 (3) under subsection 'B.2.1 Overall Development Strategy,' all uses within the utility use group may be created throughout the Town. Some utility uses, such as transformer stations and high voltage transmission lines, can have a major impact on adjacent neighbours. Careful planning of the location of transmission lines and transformer stations is needed to minimize the impacts of such public utilities. The Town will seek the cooperation of utility companies and crown corporations when developing such infrastructure. The federal Minister of Innovation, Science and Economic Development (ISED, formerly Industry Canada) retains the authority to regulate radiocommunications in Canada (e.g. telecommunications towers and antennas). Council does not have the authority to unilaterally refuse the erection of new towers or the extension of existing antennas. The service provider (e.g. Bell, Rogers, Eastlink) must, however, consult the Town and the public in cases where antennas are not excluded from the federally- mandated public consultation process. Where the Town does not have an antenna systems siting protocol in place, the service provider must adhere to the minimum public consultation requirements outlined under 'Section 4. Land-use Authority and Public Consultation' of ISED's 'CPC-2-0-03 - Radiocommunication and Broadcasting Antenna Systems.' Depending on the height and nature of the antenna proposal, the service provider may have to send notices to neighbours adjacent to the proposed site and publish a notice in the local newspaper. For all non-excluded proposals, the service provider must seek the issuance of a Land Use Authority (LUA) Concurrence from the Town. Although this does not constitute a development permit, the LUA Concurrence functions as a formal response on behalf of the Town indicating Council's support of the proposal. Where Council does not support the proposal and refuses to issue an LUA Concurrence, ISED will render the final decision to allow or refuse the respective radiocommunications proposal. The LUA Concurrence process gives the Town an opportunity to provide input and voice concerns over any proposal that Council feels is not in the best interest of the community or is not compatible with the immediate neighbourhood of the proposed site. Due to rising electricity costs, residents will increasingly be exploring alternative energy options. Council is also supportive of private utility uses, such as rooftop solar panels and private wind energy systems. These sustainable energy options will help mitigate overall Greenhouse Gas Emissions (GHGs) and global warming. However, private wind turbines have the potential to create negative land use impacts on adjacent neighbours due to aesthetic, vibration and noise effects created by these structures. Private wind energy systems thus require specific development provisions and may be considered as a ~- SCP Town of Anchor Point Municipal Plan (2023-33) Page 30 of 70 discretionary use, on a case-by-case basis, where the proposed development is adjacent to existing or future residential uses. 1B.2.5.2 Goal and Policies It is a goal of Council to promote the safe and efficient provIsIon of public and private utilities throughout the Municipal Planning Area, whilst avoiding or mitigating any potential negative impacts , associated from such developments. It is a policy of Council to: B.2.5.2 ll) Work collaboratively with public utility companies in helping to ensure that proposed infrastructure and developments do not jeopardize the future subdivision of lands and do not negatively impact critical view planes or the established character of neighbourhoods. B.2.5.2 (2) Encourage the installation of private, sustainable energy sources such as, but not limited to, rooftop solar panels and private wind energy systems. 1B.2.5.3 Proposals ... .................................... ·····················---···-· ········--···--· ·····················"················· It is a proposal of Council to: B.2.5.3 (1) As per proposal 8.2.1.3 (3), allow the creation of public utilities uses throughout the Municipal Planning Area. B.2.5.3 (2) Develop an Antenna Systems Siting Protocol, which will give direction on issuing Land Use Authority Concurrences and facilitating public consultation for radiocommunication towers and antennas that are not excluded under the federal Department of Innovation, Science and Economic Development's 'CPC-2-0-03 - Radiocommunication and Broadcasting Antenna Systems.' 8.2.5.3 (3) Allow private wind energy systems throughout the Municipal Planning Area as either a permitted or discretionary use in each use zone. Private wind energy system shall be a permitted use in low-density, hinterland areas and as a discretionary use in existing built-up areas and areas planned for future residential development. B.2.5.3 (4) Avoid and mitigate any potential negative land use impacts on adjacent properties created by the development of private wind turbines through the implementation of specific development provisions for private wind energy systems (see subsection 'C.5 Private Wind Energy System' of the Regulations). Town of Anchor Point Municipal Plan (2023-33) Page 31 of 70 B.2.6 HINTERLAND AREAS 1B.2.6.1 Overview The Town is rich in undeveloped hinterland areas. The MPA extends approximately 2.2km north-south along provincial Route #430 and 5.9km east-west from the coastline of Saint Barbe Bay to the eastern limits of the Well Cove Brook Protected Water Supply Area (PWSA). The area of the MPA is approximately 12.4km2- The undeveloped hinterland areas are mainly located within the eastern interior of the MPA within the PWSA. This area is largely made up of a series of bogs/fens and small ponds and minor watercourses interspersed with low-lying forest veget ation (see 'Illustration 10: Hinterland Area View East from Route #430' ). Much of this interior area of t he MPA is provincial Crown Lands. However, where the province does not have a mandatory land registration system, it is difficult to ascertain an accurate account of provincial Crown Lands and private freehold lands within the MPA. As with private lands, the development of Crown Lands are subject to the provisions of the Plan and Regulations. Illustration 10: Hinterland Area View East from Route 11430 The disposal of any Crown lands within the Town is subject to the provincial referral process. The Town, provincial departments and agencies are notified of potential change in tenure of Crown lands within the MPA. It is the intent of Council to assess Crown land applications on a case-by-case basis and where applicable seek the advice of a professional planner prior to indicating support of the application to the Crown Lands Division. No approval in principle or development permit shall be issued for a proposed development on provincial Crown land prior to receiving confirmation that tenure has been secured by the applicant. ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 32 of 70 Where most of the natural, undeveloped hinterland areas are within the PWSA, development potential is greatly limited due to provincial legislation established for the protection of the Town's potable water. It is thus appropriate for Council to support the protection of potable water by applying an equally restrictive use zone ('Conservation (C)' use zone) that regulates land uses and activities in a manner that is consistent with provincial legislation. As outlined in proposal B.2.1.3 (6) under subsection 'B.2.1 Overall Development Pattern,' it is the intent of Council to allow development in the hinterland areas throughout the MPA through the application of a 'Rural (R)' use zone. Uses allowed in the R use zone shall include agricultural uses, open space uses, resource uses, and other select uses. These uses are of a rural nature and generally require an expanse of land and separation from residential uses. There are other hinterland areas of the Town (outside of the existing developed portion of the community) t hat are not, as of the initial Gazette date of this Plan and Regulations, appropriate for residential development but are not designated 'Conservation (C)' as per proposal 2.1.3 (8)(b). This includes areas within the southern and northeastern limits of the MB off of Route #430. As of the initial Gazette date of this Plan and Regulations and as per proposal B.2.1.3 (6), these lands are zoned R. Natural renewable and non-renewable resources in the hinterland areas should be developed in a responsible manner, which protects natural habitats and minimizes potential deterioration of the environment. The protection of the natural environment in the Town is also critical to the economic viability of potential hunting/trapping, fishing, and eco-tourism in the area. There are four (4) monuments in the MPA. Under the Lands Act, a surveyor may enter upon lands at any time for the purpose of making observations to or from a control survey marker. It is the intent of Council to regulate development in a way that is compliant with the Lands Act, including but not limited to provisions related to the four (4) survey control markers in the MPA. Any proposed development within the vicinity of a survey control marker shall be referred to the GIS and Mapping Division of the Department of Fisheries, Forestry and Agriculture. The Lands Act also provides that a person who knowingly or wilfully pulls down, defaces, alters or removes a control survey marker is guilty of an offence and is liable on summary conviction to a fine not exceeding $500 or imprisonment for a period not exceeding three (3) months. Further, the MPA lies within a hydrocarbon bearing basin (Anticosti Basin) having oil and gas potential, but does not lie within an onshore permit/licence or lease nor is it within 100m of an offshore petroleum well. It is the intent of Council to facilitate petroleum exp/oration/development and petroleum production uses in a way that meets all federal and provincial regulations and requirements. This may include, but is not limited to, referring any requests or development proposals to the Regulatory Affairs Division of the Energy Branch of the Department of Industry, Energy and Technology. Town of Anchor Point Municipal Plan (2023-33) Page 33 of 70 1B.2.6.2 Goal and Policies : It is a goal of Council to promote and protect traditional land use and activities within the hinterland : I areas, whilst allowing a wide range of other uses that generally require an expanse of land and I · separation from urban uses. · ····· .......... .. . t It is a policy of Council to: 8.2.6.2 (1) Assess Crown land applications on a case-by-case basis and where applicable seek t he advice of a professional planner prior to indicating support of the application to the Crown Lands Division. B.2.6.2 (2J Facilitate the responsible development of natural resources, which protects natural habitats and minimizes deterioration of the environment. B.2.6.2 (3) Regulate development in a way that is compliant with the Lands Act, including but not limited to provisions related to the eight (8) survey control markers in the MPA. Any proposed development w ithin the vicinity of a survey control marker shall be referred to the GIS and Mapping Division of the Department of Fisheries, Forestry and Agriculture. 1B.2.6.3 Proposals ; It is a proposal of Council to: 8.2.6.3 (ll Further to policy B.2.6.2 (1), not issue an approval in principle or development permit for a proposed development on Crown land prior to receiving confirmation that t enure has been secured by the applicant. B.2.6.3 (2) As per proposal B.2.1.3 (6), allow development in select hinterland areas of the Municipal Planning Area, broadly defined as the southern and northeastern limits of the Municipal Boundary, through the application of a 'Rural (R)' use zone. Uses allowed in the R use zone shall include agricultural uses, open space uses, resource uses, and other select uses. These uses are of a rural nature and generally require an expanse of land and separation from residential uses. Residential uses shall be prohibited in this use zone. Depending on the nature, scale, and compatibility of other uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2) (a}, they may be listed as either permitted or discretionary uses in the Ruse zone. B.2.6.3 (3) As per proposal B.2.9.3 (1), restrict development in the hinterland areas of the Well Cove Brook Protected Water Supply Area (PWSA) through the application of a 'Conservation (C)'. B.2.6.3 (4) Further to policy 2.6.2 (2) and where the MPA lies within a hydrocarbon bearing basin (Anticosti Basin) having oil and gas potential, facilitate petroleum exploration/development and Town of Anchor Point Municipal Plan (2023-33) Page 34 of 70 petroleum production uses in a way that meets all federal and provincial regulations and requirements. This may include, but is not limited to, referring any requests or development proposals to the Regulatory Affairs Division of the Energy Branch of DIET. ~- SCP Town of Anchor Point Municipal Plan (2023-33} Page 35 of 70 8.2.7 RESIDENTIAL USES 1B.2.7.1 Overview The Town is mainly rural residential in character. The primary housing type is the single unit dwelling (see 'Illustration 11: Single Unit Dwellings along Loop road'). The most densely developed area of the Town is located in the central portion of the Town, largely defined by the provincial community infilling limits. This is unsurprising, given the location of the original settlement of the Town and the effect of provincial policy associated with the infilling limits. Illustration 11: Single Unit Dwellings along Loop Road -- ~ - - An analysis of demographic data and existing land use indicates that there is a need for a variety of housing types in the Town to meet the existing and future needs of a range of age groups, household structures, socioeconomic statuses, and persons with disabilities. If the current trend continues, single unit dwellings will be the main form of residential development within the Town. However, as the population ages, there may be an increased need for alternative housing forms that can be more economically viable and sustainable. These include, but are not limited to, personal care homes, double unit dwellings, row houses, multi-unit dwellings, and other housing developments that facilitate cost sharing between residents (e.g. sharing on-site snow clearing, maintenance equipment, hobby gardens). More affordable housing types, such a mini home dwellings and micro home dwellings, may also become increasingly popular for builders as the cost of construction rises-this is particularly the case given effects of the Covid-19 pandemic. It is the intent of Council to promote and facilitate a wide variety of housing forms where residential uses are allowed under the Regulations. Town of Anchor Point Municipal Plan (2023-33) Page 36 of 70 In order to further promote diversity in housing options, Council should, where able, work with provincial and federal housing agencies to facilitate the development of affordable housing projects to meet the broad needs of existing and future residents of the Town. Future residential developments should also be directed in a way that avoids potential land use conflict with existing and future incompatible uses. This is achieved through the application of use zones under the Regulations. Future development should also be compatible with the established character of neighbourhoods in the Town. 1B.2.7.2 Goal and Policies It is a goal of Council to facilitate a broad range of compatible housing types, forms, and densities throughout the Municipal Planning Area to accommodate a wide range of age groups, family types, - persons with disabilities, and socioeconomic statuses . . It is a policy of Council to: . . ............ . B.2.7.2 (ll As per policy B.2.1.2 (6), encourage new residential uses to locate within the existing built up portion of the Town. This area is generally defined by the provincial community infilling limits outlined in 'Illustration 4: Provincial Community Infilling Limits.' B.2.7.2 (2) Promote and facilitate a range of housing forms and options to meet the broad needs of existing and future residents of the Town . B.2.7.2 (3) Direct future residential development away from existing and future incompatible land uses. B.2.7.2 (4) Facilitate residential development that is compatible with the established character of neighbourhoods. B.2.7.2 (5) Work collaboratively with provincial and federal housing agencies to facilitate the development of affordable housing projects within the Town. [B.2.7.3 Proposals B.2.7.3 (1) As per proposal B.2.1.3 (5), allow residential uses in the Town through the implementation of a 'Community Development (CD)' use zone, which covers existing developed areas largely defined by the provincial community infilling limits. However, this proposal does not restrict the CD use zone to these infilling limits and Council may in the future consider the extension of the CD use zone through the Regulations amendment process (e.g. rezoning). Residential uses with ~40Us shall be listed as permitted uses, whereas higher density uses (~SOUs) shall be listed as discretionary uses. ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 37 of 70 B.2.7.3 (2) As per proposal B.2.1.3 (7), establish a 'Residential (RES)' floating use zone for the potential rezoning of future lands developed for residential subdivision use. As of the initial Gazette date of the Plan and Regulations, this use zone is not applied to any lands within the Municipal Planning Area. Uses allowed in the RES use zone shall include mainly low density residential uses and other select uses. B.2.7.3 (3) As per proposal B.2.1.3 (6), prohibit residential uses in the hinterland areas of the Town through the implementation of a 'Rural (R)' use zone. As per proposal B.2.1.3 (8), the expansion of residential uses into these areas may be considered by Council on a case-by-case basis through the Regulations amendment application process (i.e. rezoning process). ~- SCP --- Town of Anchor Point Municipal Plan (2023-33} Page 38 of 70 8.2.8 ECONOMIC DEVELOPMENT, COMMERCIAL AND INDUSTRIAL USES !s.2.8.1 Overview The primary employer in the Town is Barry Group Inc. (secondary shrimp processing facility). However, there are other secondary employers such as Brittany's Convenience (convenience/general store) and the Town. There are also smaller, home-based businesses and remote workers in the Town. Tourism is also an important aspect of the region's economy. Council continues to pursue partnerships with regional economic development entities to promote the Town as a tourist destination. As outlined in subsection 'B.4.3 Transportation and Commuting' of the Background Report, commuting patterns indicate that some residents travel within the region for work, such as the nearby Town of Flower's Cove (and some further afield). These outside employers are also important economic drivers for the Town. Changes in economic activity and employment opportunities within the region thus have an effect on the Town and its residents. Illustration 12: Barry Group Inc. (Secondary Shrimp Processing Facility) There are currently no industrial use developments operating within the Town (note: although similar to an industrial use, the Barry Group Inc., secondary shrimp processing facility falls under the fishing use definition). Given the size, servicing challenges, and rural residential character and land use of the Town, it is reasonable to assume that there will be limited demand for industrial use developments in the Town within the lifespan of this Plan. Any request for an industrial use development within the Municipal Planning Area will require a Plan amendment application to proceed. ~. SCP --- Town of Anchor Point Municipal Plan (2023-33) Page 39 of 70 As the population ages, there will be an increased need for healthcare and other related support services. This may provide an opportunity for commercial enterprises in the area. There will likely be an increased need for home support and transportation services. As outlined in subsection 'B.2.7 Residential Uses,' changing demographics may also result in the need for diversified housing such as additional personal care homes and non-single unit dwellings. Despite economic and demographic challenges, it is the intent of Council to adopt an innovative and supportive approach to promoting and supporting economic development within the Town. This involves working with existing business stakeholder groups and building new business support networks and relationships. It is the intent of Council to focus on leveraging strengths and opportunities to build, attract and retain business. The development of a ten (10) year Economic Development Plan will also help give focus and direction to fostering commercial activity within the Town. Despite t he overall promotion of commercial development, Council recognizes that adult establishment uses are not compatible with the existing rural residential character and land use of the Town. It is therefore the intent of Council to prohibit these uses in all use zones. However, adult establishment uses may be considered by Council on a case-by-case basis through the Regulations amendment application process (i.e. rezoning). 1B.2.8.2 Goal and Policies · It is a goal of Council to promote commercial uses in appropriate locations considering transportation requirements, environmental impact, neighbourhood character and the compatibility of existing and : fut ure surrounding uses. - It is a policy of Council to: B.2.8.2 (1) As per policy B.2.1.2 (6), encourage new commercial uses to locate within the existing built up portion of the Town. This area is generally defined by t he provincial community infilling limits outlined in 'Illustration 4: Provincial Community Infilling Limits.' B.2.8.2 (2) Facilitate commercial development that does not negatively impact existing and future residential neighbourhoods or other incompatible uses. B.2.8.2 (3) Strengthen existing and build new networks of business stakeholder groups for increasing business development within t he Town. :. SCP Town of Anchor Point Municipal Plan (2023-33) Page 40 of 70 B.2.8.2 (4) As of the initial Gazette date of this Plan and Regulations, prohibit adult establishment uses throughout the Municipal Planning Area. Despite this, adult establishment uses may be considered by Council on a case-by-case basis through the Regulations amendment application process (i.e. rezoning). 1B.2.8.3 Proposals It is a proposal of Council to: B.2.8.3 ll) As per proposal B.2.1.3 (5), allow commercial uses in the Town through the implementation of a 'Community Development (CD)' use zone, which covers existing developed areas largely defined by the provincial community infilling limits. However, this proposal does not restrict the CD use zone to these infilling limits and Council may in the future consider the extension of the CD use zone through the Regulations amendment process (e.g. rezoning). Depending on the nature, scale, and compatibility of commercial uses, they may be listed as either permitted or discretionary uses in the CD use zone. B.2.8.3 (2) Allow home businesses and home industries as accessory uses to residential uses through the implementation of specific provisions under subsection 'C.3 Home Businesses and Industries' and use zones of the Regulations. B.2.8.3 (3) Develop a ten (10) year Economic Development Plan for the Town, including a detailed analysis of existing Strengths, Weaknesses, Opportunities and Threats (SWOT). ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 41 of 70 B.2.9 PROTECTION OF THE NATURAL ENVIRONMENT IB.2.9.1 Overview The Town is rich in physical environmental features including a pristine coastline, forested areas, wetlands and watercourses. The interior of the MPA, east of Route #430, contains the majority of hydrological features including numerous wetlands, watercourses, and minor water bodies (ponds) (see 'Illustration 13: Hydrology'). This area also includes the watershed that feeds the Well Cove Brook Water Supply (PWSA). Given the area's sensitive environmental features and source of potable water, it is critical that the area be appropriately zoned for increased protection in addition to the PWSA under provincial legislation. As of the Gazette date of this Plan and Regulations, development outside of the MB is largely discouraged and restricted by way of the 'Conservation (C)' use zone. The provincial Wildlife Division, through its involvement in the Eastern Habitat Joint Venture (EHJV), has previously worked with the Town to delineate (conduct field work) and explore conserving an environmentally sensitive, coastal wetland area south of the central area of the Town (see area labelled 'Coastal Wetland' in 'Illustration 14: Environmentally Sensitive Areas'). The Division is willing to work ~~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 42 of 70 with the Town to enter into a Municipal Habitat Stewardship Agreement. This would help ensure that this area is protected in perpetuity. It is thus the intent of Council to work with the Division to further explore entering into such an agreement for the protection of this environmentally sensitive, coastal wetland. Legend r:J MPA - MB An endangered plant (Fernald's Braya) listed under the provincial Endangered Species Act was found in the MPA. Subsection 16(1) of the Endangered Species Act states "A person shall not disturb, harass, injure, or kill an individual of a species designated as threatened, endangered, or extirpated." The Fernald's Braya is also listed under the federal Species at Risk Act as endangered. Under federal legislation, critical habitat must be protected and cannot be destroyed. This species grows on limestone barrens habitat through the region. The 'Critical Habitat' of this species is located within the areas labelled 'Critical Habitat and SWAs' in 'Illustration 14: Environmentally Sensitive Areas.' As the specific locations of the 'Critical Habitat' of this species has not been officially released, the geographic locations are consolidated in the areas labelled 'Critical Habitat and SWAs' (i.e. not all of these areas are 'Critical Habitat' for the Fernald's Braya). The bulk of the 'Critical Habitat' for this species is located outside of the MPA, south of the Town (outside of the jurisdiction of this Plan and Regulations). It is the SCP --- Town of Anchor Point Municipal Plan (2023-33) Page 43 of 70 intent of Council to restrict development in 'Critical Habitat' areas by way of the 'Conservation (C)' use zone. Areas that have been identified as containing suitable habitat for endangered and threatened plant species have been designated Sensitive Wildlife Areas (SWAs) (see 'Illustration 14: Environmentally Sensitive Areas'). Where development is proposed within an SWA, but outside of a 'Critical Habitat' area, Council shall require the developer to provide a plant survey, prepared by a qualified botanist, prior to issuing any development approval. An endangered shorebird (Red Knot) listed under the provincial Endangered Species Act was found in the MPA. Red Knot is also listed under the federal Species at Risk Act. This species is known to feed and rest along the shoreline around the Town during their fall migration (typically from mid-August and into autumn). To protect this species, and other shorebirds and waterfowl that visit the area, it is the intent of Council to minimize disturbance in the areas where the birds are resting and feeding; and to lead annual beach clean-up projects (to remove plastics and other solid waste that washes ashore) during times when birds are not using the area (i.e. early in the spring or late autumn). The Short-Eared Owl was reported in the MPA and is listed under the provincial Endangered Species Act as 'Vulnerable'. Further, the species is listed as a 'Special Concern' under the federal Species at Risk Act. It is the intent of Council to work with the provincial Wildlife Division to educate residents on the potential presence and natural habitat of provincially and federally protected species in the MPA such as the Red Knot and Short-Eared Owl. Any sightings of any 'Species at Risk' should be reported to the provincial Wildlife Division. The natural beauty of the Town is intrinsically linked with economic development opportunities and the overall quality of life of residents and visitors alike. The protection of the coastline, watercourses and wetlands are especially important, as they are an economic lifeline for the community. Fishing uses, tourism, and recreation activities are all in some way directly or indirectly related to these natural assets. Future development should be guided away from watercourses, wetlands, and other sensitive environmental features. These areas, and adequate buffers therefrom, should be designated and zoned accordingly to protect natural assets from future incompatible uses that may jeopardize the ecological integrity and functioning of these natural systems. As required under the provincial Water Resources Act and associated Policy for Development in Shore Water Zones, any proposed construction within a wetland or water body, or within the shore waters of a water body, requires prior approval from the provincial Water Resources Management Division. Despite that an applicant may obtain a permit from the province for this form of development, Council does not support the infilling of water bodies or wetlands, piping of watercourses, or the creation of land along the coastline for development purposes. However, Council recognizes that there are ~. SCP Town of Anchor Point Municipal Plan (2023-33) Page 44 of 70 instances where minor sections of wetlands or watercourses may need to be developed for streets to access isolated sections of greenfield developable lands. The construction of some buildings or structures along the coastline may also require a permit in accordance with the provincial Water Resources Act. It is therefore the intent of Council to forward any development proposal along the coastline to the provincial Water Resources Management Division. Where development along the coastline does not require a permit from the province, Council shall follow the provincial 'Chapter 14: Environmental Guidelines for Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses' when regulating such developments. As was received through the provincial Interdepartmental Land Use Committee (ILUC) referral process, the Geological Survey of Newfoundland and Labrador recommends a 30m development setback from the land edge of erosion. This recommended development setback is based on t wice t he average yearly erosion rate, multiplied by 100 (i.e. accounting for a 100-year planning time frame). It is the intent of Council to prohibit the development of main buildings of residential uses and select institutional uses (associated with vulnerable populations) within this buffer, despite the permitted uses and discretionary uses of any underlying use zone. It is also the intent of Council to prohibit any private, on-site septic or drainage infrastructure within this buffer. Depending on the nature, impact and use of any other development proposal within this buffer, Council may require a Geo-Technical Study, prepared by a professional geologist or engineer, prior to issuing a development permit within this 30m coastal erosion buffer. Further, and where practical, it is the intent of Council to avoid locating public infrastructure (e.g. public streets and public utilities) within this 30m coastal erosion buffer. Global warming and climate change will have an overall negative impact on the Town. Extreme weather events will increase in intensity and be more frequent in nature. Combined with a rise in sea level, this will exacerbate storm surge and coastal rates of erosion. Overland flooding and infrastructure washouts are also expected to increase due to higher precipitation events brought on by extreme weather. It is the intent of Council to conduct a Climate Change Adaptation Study. The findings from this Study will help guide and inform Council on how to avoid and mitigate potential negative effects caused by global warming and climate change. Further, Council encourages and supports environmentally responsible development within the Town. This includes, but is not limited to development proposals that maximize the use of land whilst reducing overall environmental impact, conservation design for subdivisions, and renewable power generation. * SCP --- Town of Anchor Point Municipal Plan (2023-33) Page 45 of 70 1B.2.9.2 Goal and Policies . . ... - It is a goal of Council to promote sustainable development in the Municipal Planning Area, whilst preserving and enhancing environmental features. ·········-······· . ···············-·····················' It is a policy of Council to: ..................................... ··········-· .. ·········-- B.2.9.2 ll) Direct high impact land uses away from sensitive environmental features such as coastlines, wetlands, potable water sources, water bodies, and watercourses. Where such uses are proposed and are allowed as discretionary uses under the Regulations, it is the intent of Council to require adequate buffers from sensitive environmental features. Adding buffers under this policy is a discretionary decision of Council, which may be added as a condition to the issuance of a development permit. B.2.9.2 l2) Discourage the infilling of wetlands or water bodies, piping of watercourses, or the creation of land along the coastline for development purposes. However, Council recognizes that there are instances where minor sections of wetlands or watercourses may need to be developed for streets to access isolated sections of greenfield developable lands. B.2.9.2 (3) Forward any development proposal along the coastline and in the shore water to the provincial Water Resources Management Division for any requirement/issuance of a provincial permit. B.2.9.2 (4) Where no provincial permit is required under policy B.2.9.2 (3), follow the provincial 'Chapter 14: Environmental Guidelines for Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses' when regulating proposed developments along the coastline. B.2.9.2 (S) Avoid natural hazards and protect the coastline by discouraging or restricting future development in areas that are susceptible to erosion. Exercising authority of this provision may be through discretion of Council or by a prescribed overlay buffer in a proposal and or zoning. B.2.9.2 (6) Encourage and support environmentally responsible development, including, but not limited to, development proposals that maximize the use of land whilst reducing overall environmental impact, conservation design for subdivisions, and renewable power generation. B.2.9.2 (7) Consider climate change impacts when assessing applications for development, initiatives and capital works projects. B.2.9.2 (8) Strive to protect environmentally sensitive areas such as coastal wetlands and areas containing provincially or federally protected species (e.g. Endangered, Vulnerable, At Risk, Threatened, Extirpated, Special Concern). ,~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 46 of 70 1B.2.9.3 Proposals It is a proposal of Council to: ·-····· ·····--· ......... . B.2.9.3 (1) Further to policy B.2.9.2 (1) and as per proposals B.2.1.3 (2)(b) and B.2.1.3 (9), protect environmentally significant and sensitive lands and features through the application of a 'Conservation (C)' future land use class and use zone. Lands designated and zoned C include, but are not limited to, the Well Cove Brook Protected Water Supply Area (PWSA), wetlands, watercourses, and buffers therefrom. Uses allowed in the C use zone shall include low impact uses such as, but not limited to, passive parks (public and private), mobile/transient uses, and other select uses. Depending on the nature, scale, and compatibility of other uses in the 'Conservation (C)' future land use class under proposal B.2.1.3 (2)(b), they may be listed as either permitted or discretionary uses in the C use zone. B.2.9.3 (2) Further to policies B.2.9.2 (3) and (5), implement an overlay, 'Coastal Erosion Buffer (30ml' on the Future Land Use Classes Map and Zoning Map. Main buildings of residential uses and select institutional uses (associated with vulnerable populations) shall be prohibited within this buffer, despite the permitted uses and discretionary uses of any underlying use zone. Any private, on-site septic or drainage infrastructure shall also be prohibited within this buffer. When considering any other development application within this buffer- and depending on the nature, impact and use of the development proposal-Council may require a Geo-Technical Report, prepared by a professional geologist or engineer, prior to issuing a development permit within this buffer. Council shall also forward any development proposal within this buffer to the Water Resources Management Division to determine any provincial permitting requirements and development recommendations on the protection of the coastline. B.2.9.3 (3) Conduct a Climate Change Adaptation Study. The findings from this Study will help guide and inform Council on how to avoid and mitigate potential negative effects caused by global warming and climate change. B.2.9.3 (4) Further to policy B.2.9.2 (5), and where practical, avoid locating public infrastructure (e.g. public streets and public utilities) within the 30m coastal erosion buffer as outlined on the Future Land Use Classes Map and Zoning Map. B.2.9.3 (S) Further to policy B.2.9.2 (8), work with the provincial Wildlife Division (through the Division's involvement with the Eastern Habitat Joint Venture (EHJV) program) to explore entering into a Municipal Habitat Stewardship Agreement to protect the environmentally sensitive, coastal wetland located south of the central portion of the Town (see 'Illustration 14: Environmentally Sensitive Areas'). ~- SCP Town of Anchor Point Municipal Plan (2023-33) Page 47 of 70 B.2.9.3 (6) Further to policy B.2.9.2 (8), restrict development in 'Critical Habitat' areas by way of the 'Conservation (C)' use zone. B.2.9.3 (7) Further to policy B.2.9.2 (8) and where development is proposed within an SWA, but outside of a 'Critical Habitat' area, require the developer to provide a plant survey, prepared by a qualified botanist, prior to issuing any development approval. B.2.9.3 (8) Further to policy B.2.9.2 (8) and to protect waterfowl and shorebirds such as the endangered Red Knot, minimize disturbance in the areas where the wildlife are resting and feeding; and to lead annual beach clean-up projects (to remove plastics and other solid waste that washes ashore) during times when birds are not using the area (i.e. early in the spring or late autumn). B.2.9.3 (9) Further to policy B.2.9.2 (8), work with the provincial Wildlife Division to educate residents on the potential presence and natural habitat of provincially and federally protected species in the MPA such as the Red Knot and Short-Eared Owl. Any sightings of any 'Species at Risk' should immediately be reported to the provincial Wildlife Division. Town of Anchor Point Municipal Plan (2023-33) Page 48 of 70 B.2.10 OPEN SPACE AND RECREATIONAL USES ls.2.10.1 Overview The Town's civic and recreational facilities are mainly located in the central area of the Town along Loop Road. This includes the Town Hall (with community mailboxes), outdoor ball hockey pad, and playground. Rainbow Park (children's playground, see 'Illustration 14: Rainbow Park') is located on Subdivision Road. Illustration 15: Rainbow Park The MPA also contains numerous non-maintained, informal trails throughout its eastern interior (hinterland area). These trails are mainly used for All-Terrain Vehicle (ATV) and snowmobile use. Due to cost and resource constraints, Council does not intend on developing additional recreational facilities and lands for public park uses. However, resources pending, Council may consider developing improvements or modest additions to existing facilities. Further, in order to facilitate the efficient coordination and sharing of resources, it is also the intent of Council to increase collaboration with nearby municipalities and schools in offering complementary recreational facilities and the shared use of facilities. Where improvements or additions to existing facilities are implemented, it is the intent of Council to help ensure that initiatives meet the diverse needs of residents, including but not limited to youth, SCP Town of Anchor Point Municipal Plan {2023-33) Page 49 of 70 seniors, and persons with disabilities. Where possible, this shall include developing facilities and trails that incorporate universal design principles. ls.2.10.2 Goal and Policies i It is a goal of Council to promote and enhance recreational facilities and public open spaces in the . Municipal Planning Area. i It is a policy of Council to: B.2.10.2 (1) Maintain and enhance existing municipal lands with recreational facilities for continued public use. B.2.10.2 (2) Explore community support and feasibility of broadening recreational activities and facilities within the Town. B.2.10.2 (3) Increase collaboration with nearby municipalities and schools in offering complementary recreational facilities and the shared use of facilities. B.2.10.2 (4) Support existing and future recreational facilities and public open spaces that will meet the diverse needs of residents, including but not limited to youth, seniors, and persons with disabilities. ls.2.10.3 Proposals ' It is a proposal of Council to: B.2.10.3 (1) Further to policy B.2.10.2 (2), explore potential recreational facilities and/or activities that may support the Town as a tourist hub destination. This may take the form of a feasibility a study, which may be housed within or be supplementary to the ten (10) year Economic Development Plan called for under proposal B.2.8.3 (3). B.2.10.3 (2) Further to policy B.2.10.2 (4), develop future recreational facilities and public open spaces that incorporate universal design principles: (a) Equitable Use: The design is useful and marketable to people with diverse abilities. (b) Flexibility in Use: The design accommodates a wide range of individual preferences and abilities. (c) Simple and Intuitive Use: Use of the design is easy to understand, regardless of the user's experience, knowledge, language skills, or current concentration level. (d) Perceptible Information: The design communicates necessary information effectively to the user, regardless of ambient conditions or the user's sensory abilities. ~ SCP --- Town of Anchor Point Municipal Plan {2023-33) Page 50 of 70 (e) Tolerance for Error: The design minimizes hazards and the adverse consequences of accidental or unintended actions. (f) Low Physical Effort: The design can be used efficiently and comfortably with minimum fatigue. (g) Size and Space for Approach and Use: Appropriate size and space is provided for approach, reach, manipulation, and use regardless of user's body size, posture, or mobility. 8.2.10.3 (3) Acquire land for public open space through the subdivision process, in accordance with the Regulations, and other means such as purchase, easements, lease agreements, or expropriation. The following will be considered during the process of acquiring land for open space: (a) The likely impact on maintenance and property tax costs; (b) Existence of other nearby facilities; (c) Physical suitability for the intended purpose; (d) Potential for integration with existing recreational facilities and public open spaces; and (e) Compatibility with existing and proposed adjacent land uses. ,. SCP Town of Anchor Point Municipal Plan (2023-33) Page 51 of 70 B.2.11 ARCHAEOLOGICAL AND HISTORICAL SITES IB.2.11.1 Overview Anchor Point is the earliest English settlement on the Great Northern Peninsula, settled in the late 1700s by the Genge family of Somerset England. 2 The area was founded as a base for fishing and fur hunting.2 The first settler of Anchor Point was Robert Bartlett and his nephew Robert Genge. 3 Robert Bartlett later returned to England while Robert Genge was joined by his brother Abram, who employed men from England seasonally and sold furs and fish to American vessels.3 Dating to the mid-nineteenth century, the Old Anglican Cemetery in Anchor Point served as a burial ground for the residents of the community and surrounding area and is known as t he oldest consecrated cemetery on the Great Northern Peninsula (see 'Illustration 15: Old Anglican Cemetery'). 4 The Old Anglican Cemetery has been designated a municipal heritage site by the Town because of its historic and aesthetic values.4 Illustration 16: Old Anglican Cemetery 2 From transcript of a talk given by Rev. Canon J. T. Richards, to the Newfoundland Historical Society entitled "The First Settlers on the French Shore". The document was transcribed by NGAIRE GENGE, March 2001. http://sites.rootsweb.com/~ca nnf /npstbn_settlers. htm 3 Choose the Great Northern Peninsula- http://www.northernpeninsula.ca/home/anchor_point.htm 4 Canada's Historic Places -A Federal, Provincial, and Territorial Collaboration. https ://www. h istoricpla ces. ca/en/ rep-reg/ pl ace-I ieu. aspx ?id =8060 ~- SCP Town of Anchor Point Municipal Plan (2023-33) Page 52 of 70 Anchor Point is also the neighbour to Deep Cove, a national historic site where the tradition of 'winterhousing' took place.3 For many years, fisherman and their families would spend their summers and falls in homes near the coastal waters which provided their livelihood, but in winter would move further inland to the more sheltered areas.3 In winter, the trail into Deep Cove now serves as a cross- country ski trail.3 As outlined under subsection 'B.l History and Culture' of the Background Report, indigenous Beothuk (including early ancestors of the Beothuk) and Mi'kmaq are known to have resided along the west coast of Newfoundland. There are Beothuk sites and a Little Passage site locating further afield, north around the tip of the Northern Peninsula (see 'Illustration 16: Beothuk Archaeology and Activity in Newfoundland' 5). Given the proximity of archaeological sites, it is thus possible that indigenous populations were located, either permanently or seasonally to hunt and fish, on lands presently defined by the MPA. Council recognizes the importance of sites of archaeological and historical significance. The Town will take a proactive and supportive approach in identifying, protecting and preserving any future sites that may discovered. Illustration 17: Beothuk Archaeology and Activity in Newfoundland 5 Map from Heritage Newfoundland & Labrador: https://www.heritage.nf.ca/articles/aboriginal/beothuk-distribution.php. "Map Showing Little Passage Campsites, Beothuk Campsites and Sightings and Beothuk Burials; Illustration by Duleepa Wijayawardhana, ©1998. Based on a map by Cliff George." ~- SCP --- Town of Anchor Point Municipal Plan (2023-33) Page 53 of 70 IB.2.11.2 Goal and Policies : It is a goal of Council to su pport and encourage the protection and preservation of archaeological and historical sites. · It is a policy of Council to: B.2.11.2 (1) Work collaboratively with the Provincial Archaeology Office in helping to identify, protect and preserve any future sites that may be discovered. IB.2.11.3 Proposals - It is a proposal of Council to: B.2.11.3 (1) Refer any public works or major development plan within the Town to the Provincial Archaeology Office for review. In accordance with paragraph 13(1)(a) of the Historic Resources Act and where deemed appropriate by the Provincial Archaeology Office, archaeological surveys may be required by the Provincial Archaeology Office in areas of high potential for discovery prior to development to safeguard any site of historic significance yet to be discovered. B.2.11.3 (2) In accordance with subsection 10(1) of the Historic Resources Act, immediately notify the Provincial Archaeological Office of the discovery of historic resources that has occurred as a result of undertaking any development or land disturbance activity. In accordance with subsection 10(2) of the Historic Resources Act, a person, other than one to whom a permit has been issued under the Historic Resources Act, who discovers an archaeological object or a significant fossil shall not move, destroy, damage, deface, obliterate, alter, add to, mark or interfere with or remove that object or fossil from the province. The Provincial Archaeology Office may issue a temporary stop work order for said development or land disturbance activity in accordance with section 31 of the Historic Resources Act. B.2.11.3 (3) Build awareness in the local builder and developer community of the requirements of the Provincial Archaeology Office regarding the discovery of historic resources. ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 54 of 70 B.2.12 SIGNS IB.2.12.1 Overview Council recognizes the importance of signs for commercial businesses, governmental organizations, non-profit organizations and community events. Signs are an integral part of economic development and distributing community-wide messages. Sign installation constitutes development as defined under the Urban and Rural Planning Act, 2000. Signage did not emerge as a contentious issue through the public participation program for the development of this Plan. This is unsurprising given that the Town is primarily rural and residential in character, and that signage is largely associated with commercial uses and developments. However, in order to be prepared for potential, future land use conflict, it is the intent of Council to have robust signage provisions in place to control the future development of signs within the Town. Although the signage provisions in the Regulations shall be robust enough to deal with any type of sign installation, it is the intent of Council to take an overall permissive approach to the regulation of signs within the Town. Robust signage provisions will help ensure that any future signs are installed in a safe manner that respects neighbourhood character and minimizes land use conflict. The various sign types are listed under 'Appendix C: Use Category Table' of the Regulations. For clarification and ease of use, signs are listed under its own use group in Appendix C. Each sign type is also defined under 'Appendix B: Definitions' of the Regulations. Each use zone under subsection 'E.2 Use Zone Regulations' has its own sign category to indicate permitted, discretionary, and prohibited use. In the 'Community Development (CD)' use zone, for example, all sign types except for billboard signs and electronic message board signs constitute permitted uses. A billboard sign or an electronic message board sign can have a substantial land use impact on neighbouring property owners, therefore it is critical to notify these residents and take their concerns into consideration prior to issuing a development permit. Signage provisions are outlined as a stand-alone section in the Regulations (see subsection 'C.2 Signage' in the Regulations). Signs can create safety hazards such as obstructing the sight-lines of drivers (e.g. a large sign installed at the intersection of streets); creating excessive diversion of the attention of drivers (e.g. through excessive brightness, flashing messages or lights); or being structurally unsafe or placed as a potential obstruction hazard (e.g. portable signs that are lightweight and may be blown into the street). It is therefore the intent of Council to regulate signs in safe manner that helps mitigate and avoid the risk of hazards. Subsection 'C.2.4 Prohibitions' in the Regulations therefore includes a wide range of safety provisions for the development of signs, which may be updated and amended by Council from time-to-time. Sign installation along provincial streets within the Town is regulated under the provincial Highway Sign Regulations, 1999. As per subsection 5(3) of the regulations, the control lines of provincial authority are within 100m of the centre line of a provincial street within a municipality. This covers a large ~ SCP Town of Anchor Point Municipal Plan {2023-33) Page 55 of 70 developable portion of the Town. It is the intent of Council to avoid the duplication of municipal and provincial signage provisions and permits. An amendment was made to the Highway Sign Regulations, 1999 in 2016 to allow municipalities to apply for an exclusion from the regulations. Where Route #430 has a speed limit of 60km/h or less (60km/h), it is the intent of Council to avail of this provision by applying to the Minister of Municipal and Provincial Affairs for an exclusion from the application of the Highway Sign Regulations, 1999 within the MPA. ls.2.12.2 Goal and Policies It is a goal of Council to support the development of signs for commercial businesses, governmental · organizations, non-profit organizations and community events by regulating signs in a permissive yet - - safe manner. --------------'" '"""" --- --- - ., ..... ,,..,,.,.,.. ---·---·---- -- ....... : It is a policy of Council to: B.2.12.2 (1) Implement robust signage provisions in the Regulations, which prepare the Town for potential, future land use conflict and the enforcement of unsafe signs. B.2.12.2 (2) Outline sign types with high potential for land use conflict as discretionary or prohibited uses in the use zones of the Regulations. B.2.12.2 (3) Avoid the duplication of municipal and provincial signage provisions and permits. ls.2.12.3 Proposals It is a proposal of Council to: B.2.12.3 (1) Further to policy B.2.12.2 (2), consider an electronic message board sign as a discretionary use in the 'Community Development (CD)', 'Residential (RES)', and 'Rural (R)' use zones. An electronic message board sign shall constitute a prohibited use in all other use zones. B.2.12.3 (2) Further to policy B.2.12.2 (2), consider a billboard sign as a discretionary use in the 'Community Development (CD)' and 'Rural (R)' use zones. A billboard sign shall constitute a prohibited use in all other use zones. B.2.12.3 (3) Further to policy B.2.12.2 (3), implement a 'despite all' clause in the Regulations that exempts the applicant or property owner from the signage provisions (including the requirement of a development permit) of the Plan and Regulations where the provincial Highway Sign Regulations, 1999 are still in force and effect in the M unicipal Planning Area. Further, despite any provision in this Plan, an electronic message board sign, billboard sign, and off-site sign are strictly prohibited within the ,~ SCP --- Town of Anchor Point Municipal Plan (2023-33) Page 56 of 70 provincial area of jurisdiction, where the Highway Sign Regulations, 1999, 85/99 remain in force and effect. B.2.12.3 (4) AQQly, at a future time subsequent to the initial Gazette date of the Plan and Regulations, to the Minister of Municipal and Provincial Affairs for an exclusion from the application of the provincial Highway Sign Regulations, 1999 within the Municipal Planning Area.6 6 If an exclusion is obtained from the Minister in accordance with proposal B.2.13.3 (5), Council must amend the Plan and Regulations in order to apply the Town's signage provisions to the current area of provincial jurisdiction as outlined in the Highway Sign Regulations, 1999. * SCP --- Town of Anchor Point Municipal Plan (2023-33) Page 57 of 70 ' - C.1 OVERVIEW The Plan serves as the blueprint for the future of the Town for 2023- 2033. However, it is critical that the Plan is put into action through a strategic implementation program. Any growth and development that will occur in the MPA will largely be driven by private investment. The Town's role in implementation is to help guide and shape private investment, and in effect implement the Plan in a cooperative framework with the private sector. Municipal services, regulations, and expenditures are a means to encourage or discourage the extent and form of new development. Successful implementation of the Plan involves: - Effectively administering the Plan and Regulations; - Conducting and implementing recommended studies; - Developing and implementing municipal land assembly programs; and - Adopting a municipal capital works and budgeting program. C.2 ADMINISTRATION OF PLAN AND REGULATIONS C.2.1 DIVISION OF POWERS In order to effectively administer the Plan and Regulations, Council should assign the majority of its operational tasks to an employee of the Town. This employee may also be given delegated authority by Council, pursuant to the Act, to issue orders and render decisions (i.e. approve or reject applications, to develop land in accordance with the Plan and Regulations, and may outline the conditions applicable to that development). Operational tasks include the intake of applications and requests, and fulfillment of administrative requests. Where an employee is given delegated authority under the Act, this would also include the issuance of basic development/building permits for uses and developments that do not warrant discretionary approval from Council (e.g. permitted uses). This approach will help ensure that ~- SCP --- Town of Anchor Point Municipal Plan (2023-33) Page 58 of 70 requests and applications are reviewed, approved, and implemented in a straightforward and timely manner. There are certain types of discretionary approvals that the Delegated Employee shall not issue a development/building permit for. These include applications for discretionary uses, variances, non- conforming uses, and amendments to the Plan and/or Regulations. It is thus important that Council adopt Regulations that make clear the division of powers between the Delegated Employee and Council. This streamlining of areas of jurisdiction, administrative requests and application types will help clarify the day-to-day roles and responsibilities of the Delegated Employee and Council in implementing the Plan and Regulations. C.2.2 PUBLIC CONSULTATION AND PARTICIPATION This Plan was developed through the implementation of a thorough public participation program (see subsection 'B.7 Public Participation Summary' of the Background Report). The requirement of public consultation is detailed under section 14 of the Act. This section requires Council to engage and consult "interested persons, community groups, municipalities, local service districts, regional economic development boards and the departments of the government of the province." Section 25 requires Council to implement the same consultation process under section 14 for an amendment to the Plan. The Act and Minister's Development Regulations also require the Town to engage and consult the public when rendering decisions on certain planning applications (e.g. discretionary uses, variances, non- conforming uses). These requirements must be reflected in the authority's Development Regulations; and are thus summarized in subsection 'A.2.2.12 Public Notice and Written Comments' of the Regulations. However, the legislative requirements for discretionary applications and amendments should be viewed as a minimum in conducting public participation for substantive developments and community-wide planning initiatives. Involving residents prior to the formal application stage and legislative process is an opportunity to promote community-based design and may help align the interests and goals of residents, community stakeholder groups, developers, and Council alike. The successful implementation of this Plan will thus hinge on the degree of involvement of residents and community stakeholder groups in helping shape the future of the Town. C.2.3 DEVELOPMENT REVIEW AND APPROVAL PROCESS A clear, concise, and understandable development review and approval process under the Regulations is required for the successful implementation of this Plan. As outlined in subsection 'C.2.1 Division of Powers,' Council should delegate as much decision-making authority as possible to the Delegated Employee to help expedite the day-to-day operations of development matters within the Town. The Regulations should be viewed as an initial structure for framing out the development review and approval process. As the implementation period of this Plan progresses, the Delegated Employee and ~- SCP Town of Anchor Point Municipal Plan (2023-33) Page 59 of 70 Council may require the creation of additional application forms, standard operating procedures, and policies of Council to help improve service levels and operational efficiencies. C.2.4 PERFORMANCE-BASED DISCRETIONARY DECISION-MAKING The provincial legislative planning framework in Newfoundland and Labrador affords Council with broad discretionary powers to regulate development for the health and well-being of residents in the MPA. As opposed to other provincial contexts, property owners do not have as-of-right development rights. Despite that a proposed development meets all the development provisions of the Regulations, Council retains the right to refuse the proposal if there is justification that the development is not in harmony with the policies and proposals of the Plan. These overarching discretionary powers are implemented through subsection 'A.2.2.7 Refusal or Conditions - Council' of the Regulations. However, Council is expected to act in good faith when making discretionary decisions on development applications. Refusing a proposed development or adding conditions to a development permit (or approval in principle request) must include reasons in writing that are based on provisions of the Plan and Regulations. This is required in accordance with subsection 35(1)(g) of the Act and is implemented through subsection 'A.2.1.6 Refusal or Conditions - Delegated Employee' of t he Regulations. In making discretionary decisions, Council should adopt a consistent and methodical process for considering each application. Adopting a performance-based approach allows Council to assess the proposal based on the specific nature, scale, and land use context of the proposed use and development. 'Appendix C: Performance-based Rubric' is included as a tool to help Council in exercising discretionary decision-making authority-specifically when making a discretionary decision to refuse or add conditions to a development permit. The rubric is divided into three sections: 1. Potential for Nuisance; 2. Neighbourhood Compatibility; and 3. Policies and Proposals of the Municipal Plan. The proposed development is assessed for each category. Depending on the number of points scored by the proposed development, Council may refuse or approval the development application. This structured approach will help ensure that Council is exercising its discretionary, decision-making authority in a consistent and structured manner. The results of the rubric assessment may also be used to supply to the applicant in justifying the decision of Council, thus fulfilling the above-noted requirements of the Act. C.2.5 PROFESSIONAL ADVICE AND CERTIFICATION The implementation of the Plan and Regulations may require the occasional professional consultant to give advice and certify plans, reports, or other documents. In accordance with subsection 13(1) of the Act, "A plan and development regulations made under this Act and amendments to them shall be ~- SCP Town of Anchor Point Municipal Plan (2023-33) Page 60 of 70 certified by a person who is a fellow or full member of the Canadian Institute of Planners"-an FCIP or MCIP professional planner, respectively. A Plan amendment application or Regulations amendment application therefore requires the certification of an MCIP or FCIP professional planner. As a part of rendering services to Council, certification encompasses professional planning advice on whether or not the proposed amendment meets the intent of the Plan and detailed provisions of the Regulations. Additional information or study may be required by an employee of the Town or Council to evaluate the impact of a proposed development on the: i. Town's infrastructure including, but not limited to, the required upgrading of public streets and public utilities; ii. Compatibility with surrounding land uses; iii. Established character of the immediate neighbourhood; iv. Health, safety, and general well-being of residents of adjacent properties, the immediate neighbourhood, or the Town as a whole; and v. Natural environment, which may include, but is not limited to, steep slopes, watercourses, water bodies, watersheds, water supplies, wetlands, and wildlife habitats. The Delegated Employee or Council may therefore require the submission of certified reports or studies prepared by professionals including, but not limited to, planners, engineers, geologists, surveyors, or landscape architects. Where the initiative or proposal is not driven by Council, the cost of such reports or studies should be borne by the applicant. This provision is implemented in further detail through subsection 'A.2.1.3 Requirement for Additional Information or Study' of the Regulations. ~- SCP Town of Anchor Point Municipal Plan (2023-33) Page 61 of 70 C.3 RECOMMENDED STUDIES AND INITIATIVES There are numerous studies and initiatives called for throughout the proposals of Council under subsection 'B.2 Land Use Goals, Policies and Proposals.' Although the Plan is the overarching blueprint for the future direction of the Town, supporting studies and initiatives help realize the goals and objectives therein. A summary from subsection B.2 is outlined in the following table. Proposal Study or Initiative Professional B.2.4.3 (1) Emergency Measures Plan NA B.2.5.3 (2) Antenna Systems Siting Protocol Planner {FCIP or MCIP) B.2.8.3 (3) Economic Development Plan {10-year) Economic Development Officer (Ee. D.; Economic Developers Association of Canada) B.2.9.3 {3) Climate Change Adaptation Study Planner (FCIP or MCIP) B.2.9.3 (S) Municipal Habitat Stewardship Agreement NA B.2.10.3 (1) Recreational Hub Feasibility Study Planner (FCIP or MCIP) B.2.12.3 (S) Application to the M inister of Municipal and Provincial Planner (FCIP or MCIP) Affairs from the Provincial Highway Sign Regulations, 1999 within the Municipal Planning Area It is important to note that Council is not obligated to complete any study or initiative outlined in the Plan. Further, the summary of proposed studies and initiatives is not exhaustive; Council may retain professional consultants or other researchers and individuals to conduct studies or implement initiatives on behalf of the Town . C.4 MUNICIPAL LAND ASSEMBLY PROGRAM In order to implement certain policies and proposals of the Plan, Council may need to develop and implement a municipal land assembly program for certain projects or initiatives. Council may attain land through various means such as private sale and purchase, expropriation, granting of Crown Lands, or requiring land for public open space through the subdivision process (see subsection 'D.8 Land for Public Open Space' in the Regulations). However, Council is given specific authority under the Municipalities Act, 1999 to attain, use, and expropriate lands for intended purposes. In accordance with subsection 201(2) of the Municipalities Act, 1999, Council must receive ministerial approval prior to attaining lands that are not required for the necessary operations of Council (e.g. economic development initiatives). As per section 9 of the Lands Act, the Minister may grant lands up to lOha in area to the Town-free of charge, but with an administration fee-for an undertaking that is in the public interest, which does not ~- SCP Town of Anchor Point Municipal Plan (2023-33) Page 62 of 70 include economic development purposes. The granting of Crown Lands in excess of 10ha requires the approval of the Lieutenant-Governor in Council. Part IX of the Urban and Rural Planning Act, 2000 and Part X of the Municipalities Act, 1999 outline the powers of expropriation that may be exercised by Council. Each expropriation request requires approval from the Minister of Municipal and Provincial Affairs. In general, Council may expropriate lands for public parks and trails and the regular operations of the Town (e.g. acquiring lands for new streets, widening existing streets, or for new municipal facilities or infrastructure). Council is not permitted to exercise expropriation powers for economic development purposes. C.S MUNICIPAL CAPITAL WORKS AND BUDGETING PROGRAM Where and how Council chooses to spend funds each year can have a significant impact on the future development of the Town. Developing a municipal capital works and budgeting program will help Council plan and prioritize annual expenditures. Funds should be strategically allocated in a manner that helps achieve the policies and proposals outlined under subsection 'B.2 Land Use Goals, Policies and Proposals.' Further, it is the intent of Council to apply for and avail of funding from the provincial, Municipal Capital Works program in order to help implement this Plan . - SCP Town of Anchor Point Municipal Plan {2023-33) Page 63 of 70 Appendix A: Amendments Municipal Plan Amendments Format: MPA-YYYY-## ~ SCP Section and/or Development Regulations Schedule Amended Amendments Format: DRA-YYYY-## Town of Anchor Point Municipal Plan (2023-33) Page 64 of 70 Section and/or Gazette Date Schedule Amended (Legal Effect) Appendix B: Future Land Use Classes and Use Zones Note: The following table summarizes the future land use classes (see attached Future Land Use Classes Map) and subsidiary use zones (see the Zoning Map of the 'Development Regulations (2023-33)'). Future Land Use Classes Land Use Zones * SCP Development (D) Community Development (CD) Rural (R) Residential (RES) Town of Anchor Point Municipal Plan (2023-33) Page 65 of 70 Conservation (C) Conservation (C) Appendix C: Performance-based Rubric Overview: The following performance-based rubric is intended as a guide to assist Council in making discretionary decisions for development applications (e.g. refusing a permitted use; refusing or adding conditions to a discretionary use, variance, or non-conforming use application). However, the rubric need not be used by Council in making discretionary decisions. This rubric should not be used for rendering a decision on a Plan amendment application or Regulations amendment application (subsection 'A.2.2.11 Amendment to Plan and/or Regulations'). A decision to refuse an amendment application need not be justified by Council and cannot be appealed by the applicant under the Urban and Rural Planning Act, 2000. How to Use the Rubric: The rubric is designed to help Council rationalize a discretionary decision. Each category is assigned a weighted value between 1 (undesirable) and 5 (desirable). There are three sections for performance- based assessment: 1. Potential for Nuisance; 2. Neighbourhood Compatibility; and 3. Policies and Proposals of the Municipal Plan In order for the proposed development to be approved by Council, the proposal must attain a 'pass' in each section. In order to attain a pass in each section, the proposed development must score: 1. No less than 3 in any applicable category; and 2. A total of 4 X (# of applicable categories). Depending on the nature of the proposed development and surrounding land use context, not all categories will apply. Council will have to make this initial determination of which categories are 'Applicable (A)' or 'Not Applicable (NA).' ~ SCP --- Town of Anchor Point Municipal Plan (2023-33) Page 66 of 70 1. Potential for Nuisance Applicable (A) or Nuisance category 1 2 3 4 5 Not Applicable (High) (Med-High) (Med) (Med-Low) (Low) (NA) Dust7 Noise 8 Odour 9 Light Pollution10 Vibration11 Note: The temporary construction of structures ond buildings should not be included in this analysis, as the effects of which are temporary in nature and not a part of the ongoing use of the development. 7 E.g. Dust from an industrial use or commercial- automotive establishment use 8 E.g. Noise from traffic or trucking, animals, indoor or outdoor entertainment use 9 E.g. Odour from industrial use processes or agricultural- large scale use 10 E.g. Light trespass from an illuminated parking lot, electronic message board or back-lit signs 11 E.g. Vibration from mine or mineral working uses, or commercial wind farm SCP ---- Town of Anchor Point Municipal Plan (2023-33) Page 67 of 70 2. Neighbourhood Compatibility Applicable (A) or Compatibility 1 2 3 4 5 Not Applicable category (Low) (Med-Low) (Med) (Med-High) (High) (NA) Public Support12 Nature and Intensity of Use13 Building/ Structure Massing and Height1- Building Architectural Style15 Alignment of Development16 12 As determined through feedback from the public notice and consultation requirements, which are summarized under subsection 'A.2.2.12 Public Notice and Written Comments' of the Regulations. 13 'Nature and scale of use' refers to how the proposed use is compatible with neighbouring properties. (E.g. On the whole, does Council feel the proposed use would positively or negatively change the character of the neighbourhood?) 14 'Building/ structure massing' refers to how the proposed development is within reasonable range of the footprints and heights of neighbouring buildings and structures. (E.g. Would the proposed development dominate over neighbouring small scale structures and buildings?) 15 'Building architectural style' refers to how the proposed building is in harmony with the architectural styles of neighbouring buildings. 16 'Alignment of development' refers to how the proposed structure or building generally aligns with neighbouring developments. (E.g. Does the proposed development meet the requirements of subsection 'B.11 Building and Structure Line Setback' of the Regulations? Are porches, stairs, and decks in general alignment of one another, thus contributing or detracting from the established character of the neighbourhood and streetscape?) ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 68 of 70 3. Policies and Proposals of the Municipal Plan Applicable (A) or Land Use Goals, 1 2 3 4 5 Not Applicable Policies and Proposal (Low) (Med-Low) (Med) (Med-High) (High) (NA) Section of Municipal Plan (B.2) B.2.1 Overall Development Strategy B.2.2 Legal Non- conforming Uses B.2.3 Public Streets and the Subdivision of Lands B.2.4 Public and Safety Emergency Services B.2.5 Public Utilities B.2.6 Hinterland Areas B.2. 7 Residential Uses B.2.8 Economic Development, Commercial and Industrial Uses B.2.9 Protection of the Natural Environment B.2.10 Open Space and Recreational Uses B.2.11 Archaeological and Historical Sites B.2.12 Signs Note: Where 1 (Low) or 2 (Med-Low) is assigned to ony category, Council should eloborote by specifying ond explaining which policies or proposals ore not aligned with the proposed development as per the following template. SCP Town of Anchor Point Municipal Plan (2023-33) Page 69 of 70 Category: _____ (e.g. B.2.1) Policy or Proposal: _____ (e.g. B.2.1.2 (1)) Reason(s) why the proposed development is not aligned with t he policy or proposal: Category: _____ (e.g. B.2.1) Policy or Proposal: _____ (e.g. B.2.1.2 (1)) Reason(s) why the proposed development is not aligned with the policy or proposal: Category: _____ (e.g. B.2.1) Policy or Proposal: _____ (e.g. B.2.1.2 (1)) Reason(s) why the proposed development is not aligned with the policy or proposal: ~ SCP Town of Anchor Point Municipal Plan (2023-33) Page 70 of 70