Belleoram, Newfoundland and Labrador
· adopted 2010-12-10
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TOWN OF BELLEORAM
MUNICIPAL PLAN 2010
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URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF BELLEORAM MUNICIPAL PLAN 2010
Under the authority of Section 16 of the Urban and Rural Planning Act 2000,
the Town Council of Belleoram adopts the Belleoram Municipal Plan 2010.
~opted by the Town Council of Belleoram on the
c6e~6Pr , 2010.
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Signed and sealed this ?.?
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URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF BELLEORAM
MUNICIPAL PLAN 2010
Under the authority of section 16, section 17 and section 18 of the Urban and
Rural Planning Act 2000, the Town Council of Belleoram:
a)
b)
c)
ad!etj the Belleoram Municipal Plan 2010 on the _____ 8 ____ day
of~h2r , 2010.
gave notice of the adoption of the Belleoram Muni9ipal Plan 201 0 by
advertisement inserted on the //f day ofSbJV~br. 2010 and the
o? /
day ~4'.k r, 2010 in the Coaster Newspaper.
set the ,29
day of':x,p/flfJlur 2010 at //:.3o
p.m. at the
Community Centre, Belleoram 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 Belleoram approves the Belleoram Municipal Plan 2010 on the ii-
day of
-Gpfr,6er ,2010.
SIGNED AND SEALED this t./-
day of Qc.,,f o./ie Y , 2010
~yor:
Clerk:
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TABLE OF CONTENTS
1
INTRODUCTION ................................................................................................. 1
1.1
The Plan ................................................................................................... 1
1.2
Municipal Planning Area ........................................................................... 2
THE MUNICIPAL PLAN - GOALS AND POLICIES .................................................... 4
2
GENERAL GOALS AND DEVELOPMENT POLICIES ........................................ 5
2.1
Future Land Use Designations and Policies ............................................. 5
2.2
General Development Policy .................................................................... 6
2. 3
Conditions - All Development .................................................................. 6
2.4
Access Corridors ...................................................................................... 7
2. 5
Advertisements and Signs ........................................................................ B
2. 6
Archaeological and Heritage Resources .................................................. B
2. 7
Comprehensive Development .................................................................. B
2. B
Discretionary Uses ................................................................................... 9
2. 9
Environment ............................................................................................. 9
2. 1 O
Forestry .................................................................................................... 9
2. 11
Harbourside and Hazard Lands ................................................................ 9
2. 12
Mineral Exploration ................................................................................. 10
2. 13
Mineral Workings and Mining ................................................................. 11
2. 14
Trails ....................................................................................................... 11
2. 15
Waterways and Wetlands ....................................................................... 11
2. 16
Windmills, Wind Turbines and Other Alternative Energy Sources -
Utilities 12
3
MIXED DEVELOPMENT ................................................................................... 13
4
ENVIRONMENT AL PROTECTION ................................................................... 13
5
RURAL .............................................................................................................. 14
6
PROTECTED PUBLIC WATER SUPPLY ......................................................... 14
MAPS - Future Land Use Maps 1 and 2
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BELLEORAM MUNICIPAL PLAN 2010
1
INTRODUCTION
1.1
The Plan
The Belleoram Municipal Plan 2010 has been prepared in compliance
with the Urban and Rural Planning Act 2000. The Belleoram Municipal Plan
contains policy statements and maps approved by the Town and registered
by the Minister of Municipal Affairs to guide community growth and
development for the next 10 years.
The Municipal Plan is binding upon the Town and upon all other persons,
corporations and organizations. The Plan must be reviewed by the Town
every five years and, if necessary, revised to take account of development
that cannot be foreseen during the next ten year period.
The Land Use Zoning, Subdivision and Advertisement Regulations - known
as the Development Regulations come into effect the same time as the
Municipal Plan. The Development Regulations shall deal with matters relating
to development and buildings as defined under the Urban and Rural Planning
Act 2000, which include in addition to permitted and discretionary land uses,
matters such as non-conforming uses, advertisements, subdivisions and
permitting requirements.
Development Regulations must comply with the requirements of the Urban
and Rural Planning Act 2000, regulations under the Urban and Rural
Planning Act 2000 and any other pertinent rules and regulations enacted by
the Province, including, the Municipalities Act, and as well, legislation relating
to environment, health and safety, agriculture, mines and mineral workings,
highways, and forestry.
Development schemes (amendment to the Municipal Plan}, design concepts,
comprehensive plans, subdivision agreements and concept plans, further
implement the Municipal Plan and Development Regulations with more
detailed designs, design strategies and policies for roads and other facilities
and development.
The Town may reserve land for future acquisition as the site of any public
roadway, service or building, or for a school, park or other open space, and
may make such agreement with owners of the land as well permit its
acquisition and use of these purposes.
The Town may also specify the
manner in which any particular area of land is to be used subdivided or
Belleoram Municipal Plan 2010
developed, and may regulate the construction of buildings which would
interfere with the carrying out of any development project.
The Municipal Plan is one of the means whereby the Belleoram Community
Plan 2009 - 2012 is being implemented. This Plan includes the Community
Plan 2009 - 2012 and Municipal Plan 2010 Background Map which sets out
areas of marine interest, emergency services, historic sites and access
corridors.
The Community Plan and the Background Map and is treated as a Concept
Plan and development applications shall be reviewed to ensure that they do
not conflict with the Community Plan and the Background Map.
1.2
Municipal Planning Area
The Belleoram Municipal Planning Area is the area set out under the Urban
and Rural Planning Act for planning and regulatory purposes, which along
with the Town of Belleoram, includes Iron Skull Mountain and a proposed
major quarry site along with the T awn's Protected Public Water Supply at
Rabbit's Pond.
The Town of Belleoram is a community of some 420 persons (2006), 2.1
square kilometers in area, situated on the Connaigre Peninsula on Belle Bay
Fortune Bay.
Belleoram was the hub of Fortune Bay North, and in 1948 was one of the first
rural communities of Newfoundland and Labrador to have municipal water
and sewer services.
The Town is located approximately 605 kilometres from the City of St. John's,
268 from Gander (airport, major public, medical and private services), 219
from Grand Falls-Windsor (major public, medical and private services) and
100 and 75 kilometres respectively from the Connaigre Peninsula towns of St.
Alban's and Harbour Breton.
Belleoram's closest neighbours are the communities of St Jacques (gas
pump, store), English Harbour West (the K-12 Conrad Fitzgerald Academy,
general stores, bed and breakfast, boat haulout) and Mose Ambrose (regional
landfill, gas pumps, garage, school bussing service, domestic fuel supplies,
and medical clinic) of the municipality of St. Jacques - Coombs Cove. The
major service centres of the Region - St Alban's (medical clinic, government
services and retail) and Harbour Breton (hospital, major retail and vessel
repairs and storage and accommodations services) have 2006 populations of
1,278 and 1,877 respectively.
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Belleoram Municipal Plan 2010
Belleoram is a member of the Coast of Bays Corporation, a regional
economic development board head-quartered in St. Alban's. The Coast of
Bays population in 2006 was 7,917.
The dominant land feature, although it is not within the town boundary, is Iron
Skull Head. The Iron Skull Festival and the hiking trail to Iron Skull Head are
major tourist attractions.
The Community Centre (public hall and kitchen, public health nurse,
community health nurse, Town Office, CAP Site, Community Cable, and
public library) is located next to the former Government Wharf.
While the setting of Belleoram is spectacular, with an iconic view of Iron Skull
Head and the port is well sheltered, the steep slopes and surface bedrock
make it difficult and expensive to develop. This probably explains why
development did not extend farther than 100 -
150 metres in from the
coastline and that there was no ribbon development along Highway 363 (Main
Street) entering Belleoram. Furthermore, because it is so built up there are
limited opportunities for infilling and redevelopment.
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Belleoram Municipal Plan 201 a
THE MUNICIPAL PLAN - GOALS AND POLICIES
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Belleoram Municipal Plan 201 0
2
GENERAL GOALS AND DEVELOPMENT POLICIES
2.1
GOAL
The goal of the Belleoram Municipal Plan is to accommodate and encourage
constructive change that will foster the community and region's economic and
social development while adhering to basic principles of sustainable,
economically sound and environmentally appropriate urban and rural
development within the Municipal Planning Area and the Town of Belleoram.
DEVELOPMENT POLICIES
All development within the Belleoram Planning Area shall be managed in
accordance with the general land use policies and designations set out in the
ensuing sections. These designations are shown on the Future Land Use
Maps.
Furthermore, the Town shall take into consideration the intent and objectives
of the Belleoram Community Plan 2009 -
2012 or its successor when
considering any major projects, including roads and services for approval.
Future Land Use Designations and Policies
To identify land for the future development needs of Belleoram, the following
land use designations are established in the Plan and designated on Future
Land Use Maps:
Mixed Development
Environmental Protection
Rural
Protected Public Water Supply
The boundaries between the land use designations set out on the Future
Land Use maps are general only and, except in the case of roads or other
physical barriers, are not intended to define exact limits. Therefore, minor
adjustments may be made to these boundaries for the purpose of
implementing the Plan.
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Belleoram Municipal Plan 2010
2.2
General Development Policy
(1)
In addition to any other considerations under this Municipal Plan, the
Town may refuse permission for a development where in its opinion
services are inadequate or it is uneconomical to provide and maintain
these services.
(2)
In order to ensure that development occurs in an orderly manner and
that
appropriate
development
opportunities
are
maximized,
subdivisions and other major developments shall be co-ordinated with
other existing and proposed developments and the Planning Area's
road system and services. These developments may be required to
provide for public access to adjacent undeveloped lands. Furthermore,
the Town may require that a comprehensive plan of development be
prepared and adopted before any development is permitted in a given
area.
(3)
When reviewing a development proposal, the Town shall consider the
suitability of a site in terms of steepness of grades, soils and geology,
location of waterways and wetlands and shall, when considering
approval, ensure that the development has minimal or no negative
effects on other properties and bodies of water.
(4)
If in its opinion, the development of the site having certain
characteristics, such as steep or unstable slopes, poor drainage, high
water table and so forth, could create problems for the development of
the site or nearby properties, the Town can require the submission of a
review of the development proposal by a certified engineer, landscape
architect or similar professional.
Among other matters, the review shall evaluate the adequacy of site
grading, drainage and landscaping and the potential of the develop-
ment to cause erosion onto and pollution of adjacent properties and
bodies of water.
2.3
Conditions - All Development
( 1)
Services and Access
Services and access must be appropriate to the type and scale of
development.
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Belleoram Municipal Plan 2010
(2)
The Town shall ensure that new development makes efficient use of
existing roads and infrastructure. The Town shall further ensure that
new development will not create unreasonable servicing demands or
costs.
Within the municipal servicing limits, development shall be connected
to municipal water and sewer services. If deemed feasible by the
Town, development adjacent serviced areas may be connected to the
Belleoram municipal water and sewer systems provided that there is
sufficient capacity in the existing systems and provided that the
developer agrees to pay for the cost of the extension of the services.
Unless otherwise required, outside the servicing limits development
does not have to be connected to municipal water and sewer services.
Development lacking either municipal water and/or municipal sewer
services shall be approved by the Department of Government Services
before a permit is issued by the Town.
Uses Allowed In All Designations
Accessory buildings and uses, conservation, public services, public
utilities, recreational open space and trails and roads and driveways or
accesses are allowed in all designations as either permitted or
discretionary uses.
(3)
Compatibility of Uses, Buffers and Screening
The Town shall ensure as much as possible that new development will
not negatively affect existing and proposed land uses by creating a
hazard or nuisance such as noise, dust, odour or unsightly
appearance. The Town may require a developer to provide appropriate
screening and to undertake other measures to minimize negative
effects.
2.4
Access Corridors
The Access Corridors are set out on the Community Plan Background Map
insofar that in order for the Town to properly develop, adequate access must
be provided to the Beach Road wharf area which serves the aquaculture and
other fisheries industry and, for safety and development reasons suitable
access must be provided to the Bayview area and the proposed quarry site.
These access corridors are identified as the By-Pass, Bayview and Water and
Beach Access Corridors. Others may be identified as well.
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Belleoram Municipal Plan 2010
Over the next several years a determination will be made as to how and when
the accesses will be improved. In the meantime, these corridors shall be
protected from adverse development.
2.5
Advertisements and Signs
Signage should facilitate orientation within the Planning Area and help
promote its human and physical resources in a way that contributes to the
overall attractiveness and distinctiveness of Belleoram and its environs.
Regulations shall ensure that signs are not hazardous to traffic and are in
compliance with Provincial policy.
Standards for signs may vary in different parts of the Town and Planning Area
in order to reflect and enhance the special character of any area.
2. 6
Archaeological and Heritage Resources
The Town shall endeavour to conserve and develop its heritage resources. It
shall encourage the preservation of buildings and sites of historic interest in
Belleoram through regulation and/or other suitable means, including the
designation of selected buildings and sites.
Cluett House, St. Lawrence Anglican Church and the old Anglican Cemetery
shall be protected under this Municipal Plan from development which could
adversely affect them.
Archaeological sites and discoveries are protected under the Historic
Resources Act, 1985. If such a site is discovered, development shall stop
and the Provincial Archaeology Office of the Department of Tourism, Culture
and Recreation consulted. Also, if any major development is proposed, the
Provincial Archaeology Office shall be advised before an approval is granted
by the Town. This is to ensure that the necessary research is carried out
before construction begins.
2. 7
Comprehensive Development
At the discretion of the Town a comprehensive development containing two
or more individual developments on a large parcel of land may be permitted
as a single comprehensive development.
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Belleoram Municipal Plan 2010
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While the use classes and overall density of the comprehensive
development must comply with the use zone schedule of the zone in
which it is located, other standards can be modified or waived.
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The development must be compatible with adjacent development.
-
The Town may require that a comprehensive development be
connected to municipal water and sewer services and has direct
access to a publicly owned and maintained street.
2.8
Discretionary Uses
Unless it is specifically set out as a discretionary use in the Municipal Plan,
the Town may decide that a use should be set out as a discretionary use
under the Development Regulations, where:
(a)
it determines that the use could negatively affect the predominant uses
of the zone and that in order to mitigate this impact it is desirable to
consult with the public and possible affected parties prior to issuing,
issuing subject to conditions, or refusing, a permit;
(b)
it is necessary to attach conditions to an approval that differ from the
standard conditions under the Development Regulations to ensure that
the discretionary use is compatible with nearby uses and the
predominant uses of the zone.
2.9
Environment
In reviewing an application for a permit, the impact of a development on the
land, marine and air environment of the Planning Area shall be considered
and Provincial policies on the environment adhered to.
A number of these issues are addressed under separate sections of the
Municipal Plan.
2. 10 Forestry
Forestry activities are regulated by the Department of Natural Resources and
the Town.
2.11 Harbourside and Hazard Lands
(1)
Development adjacent or near Belleoram Harbour and Belle Bay shall
be reviewed to ensure that unless it is a use requiring direct access to
the Harbour or Bay:
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Belleoram Municipal Plan 2010
(a)
it is not likely to be damaged by a storm;
(b)
it is not a "vulnerable or critical use", that is, a residential· use, a
use catering to persons with disabilities or other special needs,
and/or a use related to emergency services (example - a fire
station or emergency command centre, emergency shelter or
other facility) -
uses which if damaged or destroyed, could
cause injury or loss of life and/or make it more difficult to
respond to an emergency.
(2)
Any development at or near the 4 m contour line as shown on Future
Land Use Map 2 shall be reviewed by the Town before a permit is
issued and regardless of the designation, a permit may be refused, or
approved subject to conditions, by the Town where in its opinion the
development is a vulnerable or critical use, where damage to such a
use could cause injury or loss of life or affect the ability to deal with an
emergency.
(3)
Development near steeply sloped lands, for example, back of St.
Lawrence Anglican Church and back of Bayview Drive, shall not be
permitted until after consultation with the Department of Natural
Resources, Geophysics and Terrain Sciences Section, and/or other
qualified experts to ensure that the site of the proposed development is
not hazardous, and that development of the site will not set off a rock
fall or flooding.
2. 12 Mineral Exploration
(1)
Subject to the other prov1s1ons of this Municipal Plan, mineral
exploration which is not classed as development by virtue of drilling,
appreciable ground disturbance, construction of access roads, noise,
odour and appearance can be permitted anywhere in the Planning
Area, provided that adequate notification is provided to the Town.
(2)
Mineral exploration which is classed as development shall be permitted
in the Rural designation provided that adequate provision is made for
buffering/and or other mitigations of impacts of existing or future urban
residential, commercial, industrial, institutional and recreational areas
and provided that all necessary approvals are obtained.
(a)
Buffering may take the form of a buffer between such mineral
exploration and areas set aside for urban purposes within which
higher impact mineral exploration is either prohibited outright, or
is treated as a discretionary use.
(b)
Higher impact mineral exploration shall be subject to conditions
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Belleoram Municipal Plan 2010
that control noise, appearance, duration of the drilling or
excavating program and the control of other impacts that may
arise. The precise nature of these controls will depend upon the
location of the mineral exploration in respect to built-up areas
and uses sensitive to noise and ground disturbance.
(c)
Where there is ground disturbance, the developer shall provide
a site restoration surety and/or other satisfactory guarantees of
site landsc_aping to the Town.
2. 13 Mineral Workings and Mining
The Town may provide for mineral workings and mining in areas where there
are known aggregate supplies and minerals and where there is less likely to
be environmental damage and/or conflict between these and other uses,
subject to -controls that minimize environmental damage and conflict with
other land uses.
2.14 Trails
The Town may require that any development within a specified distance of a
significant well-established and clearly demarcated trail be reviewed to
ensure that development does not negatively impact such trail. Where
deemed necessary, the Town may require that a buffer be provided by the
developer. Wherever possible, this buffer shall extend at least 15 metres from
either side of the trail.
2. 15 Waterways and Wetlands
Sound environmental and engineering practice and protection of the Town's
amenities make it the general policy of the Town to protect all waterways and
wetlands of the Belleoram Municipal Planning Area.
A protective buffer of undisturbed soil and vegetation shall be preserved
along the shoreline of all waterways and wetlands, except very minor ones.
The buffer shall be sufficient to prevent erosion, retain natural drainage
features, prevent siltation, preserve public access and protect fish habitat.
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Belleoram Municipal Plan 2010
(a)
Subject to the appropriate approvals and reviews, only trails and
accessory uses, wharves and other uses requiring direct access to a
body of water may be permitted in these buffer areas.
(b)
The matter of adequate and usable legal public access to the
waterway may be used as a consideration in the review of an
application for a structure within a buffer and/or waterway.
(c)
Any activity that has the potential to affect fish habitat shall be
forwarded to Fisheries and Oceans Canada for review.
If a waterway or wetland is deemed to be minor, wherever possible such
waterways and wetlands shall remain undeveloped and protected by a buffer.
If a site is to be developed, alternatives to covering over or eliminating such
waterways and wetlands shall be explored, including relocation of the
waterway or wetland and/or redesign of the development
2. 16 Windmills, Wind Turbines and Other Alternative Energy
Sources - Utilities
Wind mills, wind turbines and other alternative sources such as solar panels
('Utilities'), which are not classed as public utilities can be approved by the
Town in suitable locations provided that all necessary approvals are obtained
from the Departments of Environment and Conservation and Natural
Resources and the Town is satisfied that such development will not create a
hazard or nuisance to nearby land uses.
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Belleoram Municipal Plan 2010
3
MIXED DEVELOPMENT
As set out on Future Land Use Map 2, the Mixed Development Designation
applies to the entire built-up area of Belleoram and immediately adjacent
areas that may be suitable for future development.
(1)
Council shall encourage the restoration, renovation and adaptive re-
use of existing buildings and encourage appropriate infill development.
(2)
Council may pursue the preparation of a development scheme or plan
that includes an archaeological survey, an inventory of historic
buildings, and harbourside and streetscape design and improvements.
(3)
The uses that can be permitted in this designation include residential,
assembly, business and personal service, mercantile, institutional,
industrial, transportation and other uses that are compatible with the
existing developments of the Mixed Development designation.
(4).
All development in this designation shall be connected to municipal
water and sewer services unless deemed unfeasible by the Town.
(5)
Development shall be reviewed to ensure that there is no conflict with
the Historic Sites and Access Corridors as set out on the Community
Plan Background Map.
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ENVIRONMENTAL PROTECTION
The Environmental Protection designation is applied to areas where it is
desirable to protect the natural features of an area from development. These
features can include certain streams, wetlands, and treed areas.
Only conservation is a permitted use in this designation.
Discretionary uses are antenna, recreational open space and transportation
(wharves and docks and fishing stages). These developments are subject to
the approval of the Department of Environment and Conservation.
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Belleoram Municipal Plan 2010
5
RURAL
With the Rural designation the Town can permit resource based uses,
including forestry, mineral workings, mining and appropriate compatible uses,
including transportation and utilities as either permitted or discretionary uses.
All development in this designation is subject to the approval of the
Departments of Environment and Conservation and Natural Resources.
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PROTECTED PUBLIC WATER SUPPLY
The Protected Public Water Supply designation applies to the Rabbit's Pond
Protected Water Supply of Belleoram.
Development is restricted to uses and activities that will not damage the water
supply in a way that cannot be satisfactorily controlled.
Conservation and public services and public utilities are permitted uses in this
designation. Recreational open space and trails may be permitted as a
discretionary use in this designation.
Development within the Protected Public Water Supply designation is subject
to the approval of the Minister of Environment and Conservation and the
Town.
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