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DEVELOPMENT REGULATIONS
CAPE ST. GEORGE
In Effect: February 21, 2013
(Date of publication in Newfoundland and Labrador Gazette)
TABLE OF CONTENTS
1.
Short Title .......................................................................................................... 1
2.
Interpretation ...................................................................................................... 1
3.
Commencement .................................................................................................. 1
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations .............. 1
5.
Municipal Code and Regulations ........................................................................... 1
6.
Town ................................................................................................................. 1
7.
Compliance with Regulations ............................................................................... 2
8.
Permit Required .................................................................................................. 2
9.
Permit to be Issued .............................................................................................. 2
10.
Permit not to be Issued in Certain Cases ................................................................. 2
11.
Discretionary Powers of Town .............................................................................. 2
12.
Variances by Town .............................................................................................. 3
13.
Service Levy ....................................................................................................... 3
14.
Financial Guarantees by Developer ....................................................................... 4
15.
Dedication of Land for Park Land or Public Use ..................................................... 4
16.
Reinstatement of Land ......................................................................................... 4
17.
Form of Application ............................................................................................ 5
18.
Register of Application ........................................................................................ 5
19.
Deferment of Application ..................................................................................... 5
20.
Approval in Principle ........................................................................................... 5
21.
Development Permit ............................................................................................ 6
22.
Development Permit - Temporary Use .................................................................. 6
23.
Reasons for Refusing Permit ................................................................................. 7
24.
Notice of Application ........................................................................................... 7
25.
Right of Entry ..................................................................................................... 7
26.
Record of Violations ............................................................................................ 7
27.
Stop Work Order and Prosecution ......................................................................... 7
28.
Appeals .............................................................................................................. 7
PART II - GENERAL DEVELOPMENT STANDARDS ...................................................... 8
29.
Access to Adjoining Properties ............................................................................. 8
30.
Accesses and Driveways ...................................................................................... 8
31.
Accessory Buildings ............................................................................................ 8
32.
Accessory Uses ................................................................................................... 8
33.
Advertisements ................................................................................................... 9
34.
Archaeological Sites ............................................................................................ 9
35.
Building Line and Setback .................................................................................... 9
36.
Building Near Highways Regulation - Highways 460 and 463 ................................. 9
37.
Family and Group Care Centres ............................................................................ 9
38.
Forestry Development ........................................................................................ 10
39.
Groundwater Supply Assessment - New and Existing Subdivisions ........................ 10
40.
Home Business Accessory Use ........................................................................... 10
41.
Livestock and Agriculture .................................................................................. 10
42.
Lot Area ........................................................................................................... 10
43.
Lot Area and Size Exceptions ............................................................................. 11
44.
Lot Frontage ..................................................................................................... 11
45.
Mineral Exploration ........................................................................................... 11
46.
Non-Conforming Uses ....................................................................................... 12
47.
Offensive and Dangerous Uses ........................................................................... 13
48.
Recreational Trails and Walkways....................................................................... 13
49.
Residential and Non-Residential Development ..................................................... 14
50.
Screening and Landscaping ................................................................................ 14
51.
Site Development Considerations - Environment, Hazards, Marine Coastline .......... 14
52.
Site Development - Fill and Landscaping Permit Requirements ............................. 15
53.
Site Development - Quarry and Soil Removal ...................................................... 15
54.
Street Construction Standards ............................................................................. 15
55.
Subsidiary Apartment ........................................................................................ 15
56.
Unsubdivided Land............................................................................................ 16
57.
Uses Permitted In All Zones ............................................................................... 16
58.
Utilities - Wind Mills, Wind Farms, Other Energy Sources ................................... 16
59.
Waterways and Wetlands ................................................................................... 16
PART III - ADVERTISEMENTS ..................................................................................... 18
60.
Advertisements and Signs................................................................................... 18
(1)
Permit Required ......................................................................................... 18
(2)
Form of Application ................................................................................... 18
(3)
Advertisements in Street Reservation ........................................................... 18
(4)
Permit Valid for Limited Period ................................................................... 18
(5)
Advertisements, Non-Compliant .................................................................. 18
(6)
Removal of Hazardous Advertisements........................................................ 18
(7)
Advertisements - Non-Conforming Uses ....................................................... 18
(8)
Prohibition ................................................................................................. 19
(9)
Signs or Advertisements Not Specifically Covered ........................................ 19
61.
Advertisements Exempt from Control .................................................................. 19
62.
Advertisements and Signs near Highways ............................................................ 20
PART IV - SUBDIVISION OF LAND .............................................................................. 21
63.
Permit Required and Sureties .............................................................................. 21
64.
Services to be Provided ...................................................................................... 21
65.
Payment of Service Levies and Other Charges ...................................................... 21
66.
Issue of Permit Subject to Considerations ............................................................. 21
67.
Groundwater Supply Assessment - New and Existing Subdivisions ........................ 21
68.
Building Permits Required.................................................................................. 22
69.
Form of Application .......................................................................................... 22
70.
Subdivision Subject to Zoning ............................................................................ 22
71.
Building Lines .................................................................................................. 22
72.
Land for Park Land or Other Public Use .............................................................. 22
73.
Structure in Street Reservation ............................................................................ 23
74.
Subdivision Design Standards ............................................................................. 23
75.
Engineer to Design Works and Certify Construction Layout .................................. 23
76.
Developer to Pay Engineer's Fees and Charges ..................................................... 23
77.
Street Works May Be Deferred ........................................................................... 23
78.
Transfer of Streets and Utilities to Town .............................................................. 24
79.
Restriction on Sale of Lots.................................................................................. 24
80.
Use Zones ......................................................................................................... 25
81.
Use Classes ....................................................................................................... 25
82.
Permitted Uses .................................................................................................. 25
83.
Discretionary Uses............................................................................................. 25
84.
Uses Not Permitted ............................................................................................ 25
SCHEDULE A - DEFINITIONS ...................................................................................... 26
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS .................... 33
SCHEDULE C - USE ZONE SCHEDULES ...................................................................... 37
TOWN (TN) ZONE .................................................................................................. 38
RURAL RESIDENTIAL (RR) ZONE ........................................................................ 40
RURAL (RU) ZONE ................................................................................................ 42
ENVIRONMENTAL PROTECTION (EP) ZONE ....................................................... 47
PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE .......................................... 48
HIGHWAY RESERVE (HR) ZONE AND OVERLAY ............................................... 50
SCHEDULE D - WATERWAYS AND WETLANDS - W.R. 97-1 AND W.R. 97-2 .............. 51
Maps - Land Use Zoning Maps 1and 2 (A, B, C)
1
TOWN OF CAPE ST. GEORGE MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
APPLICATION
1.
Short Title
These Regulations may be cited as the Cape St. George Development Regulations.
2.
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings that are
commonly assigned to them in the context in which they are used in the
Regulations.
3.
Commencement
These Regulations come into effect throughout the Cape St. George Municipal Planning
Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to
that effect in the Newfoundland Gazette.
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations
Newfoundland Regulation 3/01, Development Regulations under the Urban and Rural
Planning Act 2000 (Ministerial Development Regulations), enacted under Section 36 of
the Act, shall apply to development within the Planning Area. Where there is a conflict
between the Ministerial and the Town's Development Regulations, the Ministerial
Development Regulations shall prevail. The Ministerial Development Regulations are
included with the Cape St. George Development Regulations.
5.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and
any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or
any other municipal regulations regulating or controlling the development, conservation
and use of land in force in the Town of Cape St. George, shall, under these Regulations
apply to the entire Planning Area.
6.
Town
In these Regulations, "Town" means the Council of the Town of Cape St. George.
2
PART I - GENERAL REGULATIONS
7.
Compliance with Regulations
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
8.
Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has been
issued by the Town.
9.
Permit to be Issued
Subject to Regulations 10 and 11, a permit shall be issued for development within the
Planning Area which conforms to the requirements of these Regulations.
10.
Permit not to be Issued in Certain Cases
Unless the applicant contracts to pay the full cost of construction of the services deemed
necessary by the Town and such cost shall attach to and upon the property in respect of
which it is imposed, neither a permit nor approval in principle shall be issued for
development within the Planning Area when, in the opinion of the Town it is premature
by reason of the site:
a) lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply;
b) or being beyond the natural development of the area at the time of application.
11.
Discretionary Powers of Town
In considering an application for a permit or for approval in principle to carry out
development, the Town shall:
a)
Take into account the policies expressed in the Municipal Plan and any further
scheme, plan or regulations pursuant thereto; and,
b)
Assess the general appearance of the development of the area, the amenity of the
surroundings, availability of utilities, public safety and convenience, and any
other considerations which are, in its opinion, material; and,
c)
Notwithstanding the conformity of the application with the requirements of these
Regulations, the Town may, in its discretion, and as a result of its consideration of
the matters set out in this Regulation, conditionally approve or refuse the
application.
However, the exercise of this discretionary power does not enable the Town to allow a
permitted use or discretionary use which is not permitted under Schedule C or other
Regulation.
3
12.
Variances by Town
(1)
See Ministerial Development Regulations, Section 12.
(2)
Where an approval or a permit cannot be given by the Town because a proposed
development does not comply with development standards set out in these
Regulations, the Town may, in its discretion, vary the applicable development
standards to a maximum of 10%, if, in the Town's opinion, compliance with the
development standards would prejudice the proper development of the land,
building or structure in question or would be contrary to the public interest.
(3)
The Town shall not allow a variance from development standards set out in these
Regulations if that variance, when considered together with other variances made
or to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10% variance even though the individual
variances are separately not greater than 10%.
(4)
The Town shall not permit a variance from the development standards where the
proposed development would increase the non conformity of an existing
development.
(5)
Public Notice - When a variance is necessary under this Regulation, the Town
shall, at the expense of the applicant, give written notice to the property owners in
the immediate vicinity of the proposed variance.
13.
Service Levy
(1)
The Town may require a developer to pay a service levy where development is
made possible or where the density of potential development is increased, or
where the value of property is enhanced by the carrying out of public works either
on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Town of constructing or improving the public works referred to in
Regulation 13(1) that are necessary for the real property to be developed in
accordance with the standards required by the Town and for uses that are
permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
a)
the amount of real property benefited by the public works related to all the
real property so benefited; and,
b)
the density of development made capable or increased by the public work.
(4)
The Town may require a service levy to be paid by the owner of the real property
at:
a)
the time the levy is imposed;
b)
the time development of the real property commences;
c)
the time development of the real property is completed; or,
d)
such other time as the Town may decide.
4
14.
Financial Guarantees by Developer
(1)
The Town may require a developer before commencing a development to make
such financial provisions and/or enter into such agreements as may be required to
guarantee the payment of service levies, ensure site reinstatement, and to enforce
the carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the form
of:
a)
a cash deposit from the developer, to be held by the Town, or;
b)
a guarantee by a bank, or other institution acceptable to the Town, for
expenditures by the developer, or;
c)
a performance bond provided by an insurance company or a bank, or;
d)
an annual contribution to a sinking fund held by the Town.
(3)
Financial Guarantees - Mineral Workings
a)
The developer shall provide a financial guarantee in the form of a
performance bond or unconditional and irrevocable letter of credit or other
form acceptable to the Town for an amount to cover the cost of restoring
or landscaping the site after the quarry operations have ended or the site is
abandoned by the applicant.
b)
The financial guarantee shall be returned when the Reclamation Plan has
been carried out or the development terminated and any conditions
attached to the development permit have been met to the satisfaction of the
Town.
15.
Dedication of Land for Park Land or Public Use
In addition to the requirements for dedication of land under Part IV (Subdivisions), the
Town may require the dedication of a percentage of the land area of any subdivision or
other development for park land or other public use, and such land shall be conveyed
to the Town in accordance with Section 37 of the Act.
Unless the Town decides otherwise, land that is dedicated for park land or other public
use will not include land that the Town requires to be set aside for storm water
management, roads, public services, public utilities or environmental protection and that
this shall be in addition to whatever land the Town may require under Section 37 of the
Act.
16.
Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the Town
may order the developer, the occupier of the site, or the owner or all of them to reinstate
the site, to remove all or any buildings or erections, to cover or fill all wells or
excavations, and to close all or any accesses, or to do any of these things or all of them,
as the case may be, and the developer, occupier or owner shall carry out the order of the
Town and shall put the site in a clean and sanitary condition to the satisfaction of the
Town.
5
17.
Form of Application
(1)
An application for a development permit or for Approval in Principle shall be
made only by the owner or by a person authorized by the owner to the Town on
such form as may be prescribed by the Town, and every application shall include
such plans, specifications and drawings as the Town may require, and be
accompanied by the permit fee required by the Town.
(2)
The Town shall, on request, supply to every applicant a copy of the application
forms referred to in Regulation 17(1) and a description of the plans, specifications
and drawings required to be provided with the application.
18.
Register of Application
The Town shall keep a public register of all applications for development, and shall enter
therein the Town's decision upon each application and the result of any appeal from that
decision.
19.
Deferment of Application
(1)
The Town may, with the written agreement of the applicant, defer consideration
of an application.
(2)
Applications properly submitted in accordance with these Regulations which have
not been determined by the Town and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the Town,
and on which consideration has not been deferred in accordance with Regulation
19(1), shall be deemed to be refused.
20.
Approval in Principle
(1)
The Town may grant Approval in Principle for subdivision or any other
development, if, after considering an application for Approval in Principle made
under these Regulations, it is satisfied that the proposed development is, subject to
the approval of detailed plans, in compliance with these Regulations.
(2)
Where Approval in Principle is granted under this Regulation, it shall be subject
to the subsequent approval by the Town of such details as may be listed in the
Approval in Principle, which shall also specify that further application for
approval of these details shall be received not later than two years from the grant
of Approval in Principle.
(3)
An Approval in Principle or conditions attached thereto is subject to appeal under
the Act.
(4)
Notwithstanding an Approval in Principle, no work shall commence until a
Development Permit or other permit has been issued by the Town.
6
21.
Development Permit
(1)
A plan or drawing which has been approved by the Town and which bears a mark
and/or signature indicating such approval together with a permit shall be deemed
to be permission to develop land in accordance with these Regulations but such
permission shall not relieve the applicant from full responsibility for obtaining
permits or approvals under any other regulation or statute prior to commencing
the development; from having the work carried out in accordance with these
Regulations or any other regulations or statutes and from compliance with all
conditions imposed thereunder.
(2)
The Town may attach to a permit such conditions as it deems fit in order to ensure
that the proposed development will be in accordance with the purposes and intent
of these Regulations.
(3)
A permit is valid for a specified period, not to exceed two years. If the
development has not commenced, the permit may be renewed for a further period
not in excess of one year, but a permit shall not be renewed more than once,
except in the case of a permit for an advertisement, which may be renewed in
accordance with Part III of these Regulations.
(4)
The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Town from thereafter requiring the correction of errors, or
from ordering the cessation, removal of, or remedial work on any development
being carried out in the event that the same is in violation of this or any other
regulations or statute.
(5)
The Town may revoke a permit for failure by the holder of it to comply with these
Regulations or any condition attached to the permit or where the permit was
issued in error or was issued on the basis of incorrect information.
(6)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Town.
(7)
There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any
plans, drawings or specifications on which the issue of the permit was based
during the whole progress of the work, or the doing of the matter or thing until
completion.
(8)
A Development Permit or permit or conditions attached thereto is subject to
appeal.
22.
Development Permit - Temporary Use
The Town may in its discretion issue a permit for a temporary use such as an outdoor
market, a temporary shelter for a vehicle or a boat, and other permissible uses which have
a limited and fixed term. The permit shall specify its duration, and upon expiry of the
permit, the use shall be removed. In no case shall the term of a temporary permit exceed
two years, which may be extended in writing by the Town for a further period as
specified not exceeding two years. This clause does not apply to advertisements which
are covered under Part III of the Development Regulations.
7
23.
Reasons for Refusing Permit
The Town shall, when refusing to issue a permit or attaching conditions to a permit, state
the reasons for so doing.
24.
Notice of Application
When a change in nonconforming use is to be considered (see also Ministerial
Development Regulations), when the development proposed is listed as a discretionary
use in Schedule C of the Regulations or where otherwise the Town is exercising its
discretion under these Regulations, the Town shall, at the expense of the applicant, or at
its own expense where necessary, give notice of an application for a permit or for
Approval in Principle, by public advertisement in a newspaper circulating in the area or
by any other means deemed necessary.
When a variance is necessary under Regulation 12 (see also Ministerial Development
Regulations), the Town shall, at the expense of the applicant, give written notice to the
property owners in the immediate vicinity of the proposed variance.
25.
Right of Entry
Any official authorized by the Town may enter upon any public or private land and may
at all reasonable times enter any development or building upon the land for the purpose
of making surveys or examinations or obtaining information relative to the carrying out
of any development, construction, alteration, repair, or any other works whatsoever
which the Town is empowered to regulate.
26.
Record of Violations
Every inspector shall keep a record of any violation of these Regulations, which comes to
his knowledge, and report that violation to the Town.
27.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Town may order that person to stop the development or work
connected therewith pending final adjudication in any prosecution arising out of
the development.
(2)
A person who does not comply with an order made under Regulation 27(1) is
guilty of an offence under the provisions of the Act.
28.
Appeals
See Ministerial Development Regulations- Sections 5 to 11.
Where an appeal lodged under Section 42 of the Urban and Rural Planning Act 2000 has
been successful, the fee paid by the appellant shall be reimbursed by the Town.
8
PART II - GENERAL DEVELOPMENT STANDARDS
29.
Access to Adjoining Properties
(1)
In order to facilitate the development of the Town and improved access
throughout the community, as a condition of approval of a development and/or a
subdivision the Town may require that the developer provide suitable public road
access to adjoining properties.
(2)
The right of way shall be deeded to the Town, although this right of way shall not
be developed or maintained by the Town until such time as the Town deems
necessary.
(3)
See also Part IV - Subdivision of Land.
30.
Accesses and Driveways
(1)
An access or driveway to a street from a property shall be located to the
specification of the Town so as to ensure the greatest possible convenience and
safety of the street system.
(2)
No vehicular access or driveway shall be closer than 10 metres to the street line of
any street intersection.
(3)
An access to a Provincial highway shall be approved by the Department of
Transportation and Works before a permit is issued by the Town.
31.
Accessory Buildings
Accessory buildings shall be incidental and complementary to the main use of the
property and shall be contained on the same lot as the main use. Furthermore, the
appearance and use of the accessory building shall be compatible with the neighbouring
residential and other development.
No accessory building shall project in front of the minimum building line setback as set
out in Schedule C.
32.
Accessory Uses
See also Schedule A.
Subject to Schedule C, uses accessory to a permitted or discretionary use can be
permitted in any zone, for example:
a)
facilities for the serving of food and alcoholic beverages in an arena or other place
of assembly, museum, marina, or hotel ('commercial - residential' under
Schedule B);
b)
vehicle repair facilities within a shop, such as a major retail outlet, or automobile
dealership;
c)
a gift or souvenir shop in a museum, hotel or other establishment;
d)
office and/or a small convenience store or catering establishment in a
campground;
e)
a dock or wharf or stage associated with a permitted or discretionary use;
f)
an accessory dwelling or accessory dwelling unit, such as a caretaker's dwelling
or dwelling unit;
g)
a subsidiary apartment in a single dwelling;
9
h)
a business conducted in a dwelling or a building accessory to a dwelling
conducted by a resident of a dwelling and compatible with the primary residential
use of the property (home business);
i)
a solar panel, satellite dish or similar device attached to a building.
These accessory uses shall be clearly subsidiary to and controlled so as to be compatible
with the primary use and the use of nearby properties.
33.
Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of
these Regulations.
34.
Archaeological Sites
(1)
If an archaeological site or historical artefacts are discovered during construction,
development shall stop and the Provincial Archaeology Office of the Department
of Tourism, Culture and Recreation consulted. Development shall not proceed
until the Provincial Archaeology Office has evaluated the site.
(2)
Before approval is granted for a major development, such as a subdivision, or a
new commercial or public building, the application shall be referred to the
Provincial Archaeology Office for investigation.
35.
Building Line and Setback
(1)
The Town, by resolution, may establish building lines on an existing or proposed
street and may require any new buildings to be located on those building lines,
whether or not such building lines conform to the standards set out in the tables
under Schedule C of these Regulations.
(2)
The building line setback is measured from the property line along a road.
(3)
The building line along Provincial highways shall not be less than that specified
under the Provincial Building Near Highways Regulations.
36.
Building Near Highways Regulation - Highways 460 and 463
No development within 20 metres of the centre-line of Highway 460 or 15 metres of the
centre-line of Highway 463 shall be allowed unless permission is obtained from the
Department of Transportation and Works.
Access to Highways 460 and 463 must be approved by the Department of Transportation
and Works before a permit is issued by the Town.
37.
Family and Group Care Centres
Family group care centre use is permitted in any dwelling that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff, provided that
in the opinion of the Town, the use of the dwelling does not materially differ from, nor
adversely affect, the amenities of the adjacent residences, or the neighbourhood in which
it is located. The Town may require special access and safety features to be provided for
the occupants before occupancy is permitted.
10
38.
Forestry Development
Forestry development, including timber cutting, is subject to the approval of the Forestry
Division of the Department of Natural Resources and the Town.
39.
Groundwater Supply Assessment - New and Existing Subdivisions
The approval of new unserviced subdivisions or the addition of unserviced lots to
existing unserviced subdivisions require that a groundwater assessment be done to
determine with high probability that acceptable quality and quantity drinking water will
be available to homeowners for both the short and long term. This shall be done in
accordance with the Provincial Land Use Policy - 'Groundwater Supply Assessment and
Reporting Guidelines - for Subdivisions Serviced by Individual Private Wells' - as from
time to time amended and administered by the Department of Environment and
Conservation, Water Resources Management Division.
No approval shall be granted by the Town for a new unserviced subdivision or the
addition of unserviced lots to an existing unserviced subdivision until such time as a
groundwater assessment has been carried out in accordance with the provincial land use
policy referred to in the preceding paragraph and which assessment has been approved by
the Department of Environment and Conservation, Water Resources Management
Division.
40.
Home Business Accessory Use
A Home Business shall only be permitted as an accessory use in a dwelling and/or
accessory building if:
a)
the primary use of the property remains residential and the scope and intensity of
the use classes is compatible with the residential uses of the property and
neighbourhood; and,
b)
the business is operated by a resident of the dwelling.
41.
Livestock and Agriculture
Livestock operations and other agricultural uses shall where necessary be approved by
both the Agrifoods Development Branch of the Department of Natural Resources and the
Town, together with other appropriate agencies.
42.
Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or
lot area that is less than that permitted by these Regulations for the zone in which
such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yard,
it shall continue to be so used regardless of any change in the ownership of the lot
or any part thereof, and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
11
43.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already
exist in any residential zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations, then
these Regulations shall not prevent the issuing of a permit by the Town for the erection of
a dwelling thereon, provided that the lot coverage and height are not greater than, and the
yards and floor area are not less than the standards set out in these Regulations.
44.
Lot Frontage
Except as otherwise determined by the Town or specifically provided for in these
Regulations, no residential or commercial building shall be erected unless the lot on
which it is situated fronts directly onto a publicly owned and maintained street. Before
exempting a development from the requirement for frontage on a publicly owned and
maintained road, the Town shall be satisfied that there is adequate access for emergency
vehicles and suitable provision for municipal services and that it conforms to all other
requirements of Schedule C.
45.
Mineral Exploration
(1)
No permit shall be issued by the Town for mineral exploration until the necessary
permits and approvals have been obtained from the Department of Natural
Resources and other relevant Provincial and Federal agencies.
(2)
Subject to the other provisions of the Development Regulations, mineral
exploration which is not classed as development by virtue of 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.
(3)
Mineral exploration which is classed as development shall or may be permitted in
certain zones provided that adequate provision is made for buffering and/or other
mitigations of impacts where needed and provided that all necessary approvals are
obtained.
(4)
Higher impact mineral exploration classed as development shall be subject to
conditions 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 and environmentally sensitive areas,
such as
residential
neighbourhoods, watersheds, waterways and wetlands.
(5)
Where there is to be ground disturbance, the developer shall provide a site
restoration surety and/or other satisfactory guarantees of site landscaping to the
Town.
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46.
Non-Conforming Uses
(1)
This Regulation is derived from Section 108 (2) of the Urban and Rural Planning
Act 2000, and Sections 14, 15, and 16 of the Ministerial Development
Regulations.
(2)
Notwithstanding a plan, scheme or regulations made under the Urban and Rural
Planning Act 2000, the Town shall, in accordance with regulations made under
this Act, allow a development or use of land to continue in a manner that does not
conform with a regulation, scheme, or plan that applies to that land provided that
the non-conforming use legally existed before the registration under Section 24 of
the Act of the plan, scheme or regulations made with respect to that kind of
development or use.
(3)
Notwithstanding subsection (1), a right to resume a discontinued non-conforming
use of land shall not exceed one year. For the purpose of this Regulation,
discontinuance of a non-conforming use begins when any one of the following
conditions is met:
a)
the building or use of land is clearly vacated or the building is demolished;
b)
the owner or tenant has ceased paying business occupancy taxes for that
use;
c)
the owner or tenant has stated in writing that the use has ceased.
(4)
A building, structure or development that does not conform to a scheme, plan or
regulations made under this Act that is allowed to continue under subsection (2):
a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Town;
b)
shall not be structurally modified except as required for the safety of the
building, structure or development;
c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
d)
may have the existing use for that building, structure or development
varied by the Town to a use that is, in their opinion more compatible with
a plan and regulations applicable to it;
e)
may have the existing building extended by the Town where, in its opinion
that extension is not more than 50% of the existing building;
f)
where the non-conformance is with respect to the standards included in
development regulations, the building, structure or development shall not
be expanded if the expansion would increase the non-conformity - and an
expansion must comply with the development standards applicable to that
building, structure or development;
g)
where the building or structure is primarily zoned and used for residential
purposes, it may, in accordance with the appropriate plan and regulations,
be repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed; and
h)
a residential building or structure referred to in the above paragraph must,
where being repaired or rebuilt, be repaired or rebuilt in accordance with
the plan and development regulations applicable to that building or
structure.
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(5)
Notice and hearings on change of use - Where considering a non-conforming
building, structure or development under clause 4 (d) of this Regulation and
before making a decision to vary an existing use of that non-conforming building,
structure or development, an authority, at the applicant's expense, shall publish a
notice in a newspaper circulating in the area or by other means give public notice
of an application to vary the existing use of a non-conforming building, structure
or development and shall consider any representations or submissions received in
response to that advertisement.
47.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous
fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or
create any nuisance that has an unpleasant effect on the senses unless its use is authorized
by the Town and any other authority having jurisdiction.
48.
Recreational Trails and Walkways
See also Waterways and Wetlands.
(1)
As a condition of an Approval in Principle and/or a Development Permit the
Town may require that a trail corridor be deeded to the Town or a non-profit
group approved by the Town. Where applicable, this may be considered part of
the open space requirement set out in Regulation 15.
(2)
Wherever space and terrain characteristics allow, the appearance and use of well
known trails and/or mapped trails shall be protected by natural vegetation buffers
that separate the trail and other forms of development and from hazard areas and
areas subject to erosion, such as the coastline or riverbanks.
(3)
The vegetation buffer shall be deep enough to prevent shallowly rooted trees
being blown over.
(4)
The buffer is included within the trail corridor that includes the trail and the
buffer.
(5)
The minimum width of a trail corridor shall be 30 metres -15 metres either
direction from the centre of the trail. However, the trail corridor may be reduced
where the area adjacent the trail is already developed or in the opinion of the
Town it is necessary to reduce the corridor width due to reasons of site conditions,
ownership, or other pertinent factors.
(6)
For a trail to be eligible for protection it must be shown on the Land Use Zoning
Maps, and/or on a plan of trails adopted by the Town and/or as indicated on a plan
of a trail which has been accepted by the Town.
(7)
Unless it is already shown on the Land Use Zoning Maps or other plan approved
by the Town as a trail, the designation of a trail or trails for protection shall be
advertised in accordance with the provisions of Regulation 24 and an opportunity
provided for persons to comment before a trail or plan of trails is adopted by the
Town.
(8)
Within the trail corridor, only accessory recreational uses, public utilities and
roads can be allowed. No other development is permitted on or near the trail.
14
49.
Residential and Non-Residential Development
Before approving any non-residential development near existing or proposed residential
development or zones that accommodate residential development, the Town must be
satisfied that the proposed non-residential development:
a)
will not give rise to excessive noise or other forms of pollution;
b)
will not generate vehicle traffic which is above the level acceptable to adjacent
residential amenities;
c)
will not cause an unacceptable nuisance or hazard to adjacent residential uses;
and,
d)
in general, can be considered acceptable to the amenity of residential uses.
50.
Screening and Landscaping
(1)
The Town may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this
purpose may require the submission of an application giving details of the
landscaping or screening, and these Regulations shall then apply to that
application.
(2)
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of the Town, the
landscaping or screening is desirable to preserve amenity, or protect the
environment.
51.
Site Development Considerations - Environment, Hazards, Marine Coastline
(1)
The Town shall consider the suitability of the site in terms of steepness of grades,
soils and geology, potential land and marine based hazards, and environmentally
sensitive areas, including waterways and wetlands, when reviewing a
development application.
(2)
The Town shall ensure that the proposed development is not inappropriate by
reason of:
a)
precipitating or contributing to pollution in the area;
b)
causing erosion and/or sedimentation;
c)
causing damage to nearby properties;
d)
contributing to shoreline erosion - marine and freshwater water bodies;
e)
the likelihood of being affected by landslides, avalanches and rock falls;
f)
the likelihood of being affected by flood and storm events.
(3)
Along the marine coastline, except for marine related activities and temporary or
minor structures, new development shall not be permitted at or below 4 metres
above mean sea level, unless it can be demonstrated to the satisfaction of the
Town and other relevant authorities that the risk is low and/or that the
development can withstand the damage that could be incurred by a flood or storm
event.
(4)
Wherever possible, natural features that can mitigate or prevent potential marine
and land based hazards shall be maintained and other mitigative measures
undertaken.
15
52.
Site Development - Fill and Landscaping Permit Requirements
(1)
A permit shall not be required for ordinary landscaping of a property or the
creation of a garden and similar activity unless such activity is likely to affect
adjacent properties or a water body.
(2)
A permit shall be obtained from the Town before any filling-in or excavation of
land takes place. This permit may be the same as the one obtained for the
construction of a dwelling or other use.
(3)
Where such filling-in or excavation can affect the buffer of water body or the
water body, then a permit may also be required from the Department of
Environment and Conservation, and where applicable, the Department of
Transportation and/or Fisheries and Oceans Canada (See Regulation 59).
(4)
A landscaping and site grading plan for any new development shall form part of
the application for a development permit for a development which entails the
development of the entire site or significant portion thereof and to this application
shall be attached a plan showing vegetation - particularly trees, water-bodies,
rock outcrops and other natural features.
53.
Site Development - Quarry and Soil Removal
(1)
If, as part of another development, quarry material is to be removed and sold or
otherwise disposed of, then a separate permit shall be obtained from the
Department of Natural Resources, Mineral Lands Division, for the removal of
quarry materials. A copy of the Town's permit must be forwarded to the Mineral
Lands Division.
(2)
A site development quarry under this section is permitted wherever the use that
this quarry is associated with is permitted.
(3)
A quarry permit issued under this section shall only be valid for a period of one
year or the term of the site development, whichever is the lesser. However, if the
Town feels that it is warranted, the permit may be renewed for additional one-year
periods up to a maximum of three years from the date of the issuance of the first
permit.
(4)
When the work is completed, the area affected shall be suitably landscaped and
drained in accordance with a plan approved by the Town.
(5)
If the site work is extensive, the Town may require the deposit of surety in
accordance with Regulation 14(3) that shall be returned to the developer upon
satisfactory completion of the work.
54.
Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Town.
55.
Subsidiary Apartment
A subsidiary apartment can be permitted in a single dwelling only, and for the purposes
of calculating lot area and yard requirements, shall be considered part of the single
dwelling. See also Regulation 32.
16
56.
Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
satisfy the yard and other allowances called for in the Use Zone in which it is located and
the allowances shall be retained when the adjacent land is developed.
57.
Uses Permitted In All Zones
In addition to conservation, which includes architectural, historical and scenic sites under
Schedule B, accessory buildings and uses, public services and public utilities, recreational
open space, trails, roads, accesses and driveways are allowed in all zones subject to the
necessary reviews and compliance with these Regulations and the Municipal Plan.
58.
Utilities - Wind Mills, Wind Farms, Other Energy Sources
Wind mills, wind turbines, wind farms and other energy forms, including solar based and
small hydro generating facilities - "Utilities" in Schedule B - and associated facilities
and services are subject to the approval of the Town and the conditions set out below.
Utilities are subject to the approval of or exemption by relevant provincial and federal
departments and agencies and public utilities, including the Mines and Energy Division
of the Department of Natural Resources and Transport Canada. The design and location
of such utilities shall take into consideration their impact on nearby land uses and
persons, the environment and archaeological resources within the Town, along with other
matters that the Town may deem to be significant. Wind mills utilities within the built-up
areas are limited to single wind mills or wind turbines designed to serve particular
properties.
To prevent damage to persons and properties due to the failure of a windmill or any of its
components or the shedding of ice, the Town shall ensure that there is adequate
separation distance between the windmill and nearby structures and properties.
Unless specifically exempted by the relevant agencies, the design, construction and
location of a utility shall be certified by a professional engineer who has consulted with
the required agencies.
59.
Waterways and Wetlands
(1)
Development along the ocean and including streams, ponds and wetlands
(defined as water body or body of water) and their buffers is subject to this
Regulation and all relevant provincial and federal policies and statutes, including
Department of Environment and Conservation Policy Directives W.R. 97-1,
Development in Shorewater Zones and 97-2 and, Development in Wetlands.
(2)
Where there is a conflict between the Policy Directives or any other relevant
provincial and federal policies and these Development Regulations, the more
restrictive standards shall apply.
(3)
Protected Water Body - Any development activities, including fording, within
15 metres of the high water mark of a Protected Water Body as shown on Land
Use Zoning Map 1 and Land Use Zoning Map 2 must be approved under Section
48 of the Water Resources Act by the Department of Environment and
Conservation.
17
(4)
The minimum width of a buffer along any water body shall be 15 metres from the
highwater mark, or 1 in 100 year flood zone, of the stream, river, pond or other
body of water. This requirement may be modified or waived where the water
body is deemed minor under Clause 12 of this Regulation.
(5)
If the toe of an embankment with an average slope of 30% or more lies within 15
metres of the highwater mark, or 1 in 100 year flood zone of the water body, then
the buffer shall be measured from the top of the embankment.
(6)
Subject to the approval of the Department of Environment and Conservation and
the Town for a Protected Water Body, and only the Town if it is not a Protected
Water Body unless the Town chooses to refer the development application to the
Department of Environment and Conservation, the only uses that can be allowed
in the buffer area of a water body are roads, driveways, public services and
utilities, recreational open space and trails and uses requiring direct access to a
body of water, such as wharves and docks and other marine related uses.
(7)
Any development, and this includes placing fill or other materials, within a water
body and the buffer area of a water body is subject to the approval of the Town,
and where necessary, the Department of Environment and Conservation and the
Government of Canada.
(8)
The Town or the Provincial Government may subject development within the
buffer area of a water body to an environmental review, and may approve,
approve subject to conditions, or refuse such development.
(9)
The matter of adequate and usable legal public access to the waterway shall be a
consideration in the review of an application for a structure within a buffer and/or
water body.
(10)
Any activity that has the potential to affect fish habitat or navigable waters shall
be submitted to the relevant provincial and federal agencies for approval before it
is approved by the Town.
(11)
Wetlands can only be developed in such a way as to minimize damage and
impacts on the hydrology and environment of the area and will require a permit
from the Department of Environment and Conservation under Section 48 of the
Water Resources Act..
(12)
If a body of water is deemed to be minor, wherever possible such water bodies
shall remain undeveloped and protected by a buffer. If a site is to be developed,
alternatives to covering over or eliminating such water bodies shall be explored,
including relocation of the water bodies and/or redesign of the development.
18
PART III - ADVERTISEMENTS
60.
Advertisements and Signs
Note: The terms "advertisement" and "sign" are interchangeable.
(1)
Permit Required
Unless specifically exempted, no advertisement shall be erected or displayed in
the Planning Area unless a permit for the advertisement is first obtained from the
Town, and, where necessary, from the Department of Government Services.
(2)
Form of Application
Application for a permit to erect or display an advertisement shall be made to the
Town in accordance with Regulation 17.
(3)
Advertisements in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over
any highway or street reservation unless it is a premises sign (advertisement
relating to onsite uses) and unless this sign has been approved by the Town and
where necessary, the Department of Government Services and/or other relevant
agency.
(4)
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an
advertisement shall be for a limited period, not exceeding two years, but may be
renewed at the discretion of the Town for similar periods.
(5)
Advertisements, Non-Compliant
An advertisement presently not in compliance with the Regulations shall be
removed or brought into compliance within one year of the date of written
notification by the Town.
(6)
Removal of Hazardous Advertisements
Notwithstanding the other provisions of these Regulations, the Town may require
the removal of any advertisement which, in its opinion, is hazardous to road
traffic by reason of its siting, colour, illumination, maintenance or structural
condition.
(7)
Advertisements - Non-Conforming Uses
A permit may be used for the erection or display of advertisements on a building
or within the courtyard of a building or on a parcel of land, the use of which is a
non-conforming use, provided that the advertisement does not exceed the size and
type of advertisement which could be permitted if the development was in a Use
Zone appropriate to its use, and subject to any other conditions deemed appro-
priate by the Town.
19
(8)
Prohibition
A sign shall not be erected, posted or placed:
a)
where, in the opinion of the Town, that sign would be hazardous to road
traffic by reason of its siting, illumination or structural condition;
b)
where, in the opinion of the Town, that sign would be detrimental to the
amenities of surrounding areas or length of highway or road;
c)
where that sign is not maintained to the satisfaction of the Town;
d)
within or over a highway or street intersection unless otherwise approved
by the Town for Town roads, or by the Department of Transportation and
Works for roads under Provincial jurisdiction;
e)
with the exception of premises advertisements, within 300 metres, or a
distance specified by the Department of Transportation and Works, or the
Town of the intersection of two or more highways and/or for Town roads,
or from the crossing of a public road; and
f)
on a sign erected by the Department of Transportation and Works.
(9)
Signs or Advertisements Not Specifically Covered
If an application is received for a sign or advertisement that does not fall into one
of the categories set out under these Regulations, subject to the other applicable
requirements of these Regulations, the Town may approve, approve with
conditions, or refuse to approve the sign or advertisement.
61.
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Town:
a)
a posting of a candidate in a federal, provincial or municipal election or a regional
school board election;
b)
a temporary sign relating to federal, provincial or municipal public works;
c)
a notice required by law to be posted;
d)
a regulatory, warning, directional, guide or informational sign erected by the
Department of Transportation and Works;
e)
a sign placed by a telephone, telegraph or electric power company to indicate
danger;
f)
a sign, not exceeding 0.5 m2 in area, advertising the sale or rental of a building or
lot upon which the sign is located;
g)
a flag, emblem or insignia of a nation, country or province;
h)
one temporary sign related to building construction located on a site on which the
work is being carried out;
i)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.2 m² in area;
j)
on an agricultural holding or farm, a notice board not exceeding 1.5 m² in area
and relating to the operations being conducted on the land;
k)
on land used for forestry purposes, signs or notices not exceeding 1 m² in area and
relating to forestry operations or the location of logging operations conducted on
the land;
l)
on land used for mining or quarrying operations, a notice board not exceeding 1
m² in area relating to the operation conducted on the land;
m)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.2 m² in area in connection with the practice of a business carried on in the
premises;
n)
on any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board placed no closer than 3 metres from a street line;
o)
on the principal facade of any commercial, industrial or public building, the name
20
of the building or the name of the occupants of the building, in letters not
exceeding one-tenth of the height of that facade or 3 m, whichever is the lesser;
p)
on any parking lot directional signs and one sign not exceeding 1 m² in size,
identifying the parking lot; and,
q)
a sign indicating the location of a municipal or municipal planning area boundary,
located beyond the back slope of a highway ditching.
62.
Advertisements and Signs near Highways
Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial Government has
designated "control lines" alongside each provincially maintained route. These lines
extend 400 metres from the highway centrelines, except that the control area is reduced
within Municipal Boundaries to 100 metres from the centreline of a provincial highway.
Advertisements and signs falling within the designated control lines of any highway must
be referred to and approved or exempted by the Government Services office serving the
area.
21
PART IV - SUBDIVISION OF LAND
63.
Permit Required and Sureties
(1)
No land in the Planning Area shall be subdivided into two or more lots unless a
permit for the development of the subdivision is first obtained from the Town.
(2)
Before an Approval in Principle or permit is issued for a subdivision requiring the
construction and/or upgrading of roads and municipal water and/or sewer services
the Town shall require the deposit of surety in a form satisfactory to the Town to
ensure the completion of the work in accordance with the approval.
64.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Town have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
65.
Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Town for connection to services, utilities
and streets deemed necessary for the proper development of the subdivision, and all
service levies and other charges imposed under the Development Regulations.
66.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Town, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Town shall,
without limiting the generality of the foregoing, consider:
a)
the location of the land;
b)
the availability of and the demand created for schools, services, and utilities;
c)
the provisions of the Plan and Regulations affecting the site;
d)
the land use, physical form and character of adjacent developments;
e)
the transportation network and traffic densities affecting the site;
f)
the relationship of the project to existing or potential sources of nuisance;
g)
soil and subsoil characteristics;
h)
the topography of the site and its drainage;
i)
natural features such as lakes, streams, topsoil, trees and shrubs;
j)
prevailing winds;
k)
visual quality;
l)
community facilities;
m)
energy conservation;
n)
such other matters as may affect the proposed development.
67.
Groundwater Supply Assessment - New and Existing Subdivisions
See Regulation 39.
22
68.
Building Permits Required
Notwithstanding the approval of a subdivision by the Town, a separate building permit
shall be obtained for each building proposed to be erected in the area of the subdivision,
and no building permit for any building in the area shall be issued until the developer has
complied with all the provisions of these Regulations with respect to the development of
the subdivision.
69.
Form of Application
Application for a permit to develop a subdivision shall be made to the Town in
accordance with Regulation 17.
70.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
71.
Building Lines
The Town may establish building lines for any subdivision street and require any new
building to be located on such building lines.
72.
Land for Park Land or Other Public Use
(1)
Before a development commences, the developer shall, if required, dedicate to the
Town, at no cost to the Town, an area of land equivalent to 10% of the gross area
of the subdivision for park land or other public use, provided that:
a)
where land is subdivided for any purpose other than residential use, the
Town shall determine the percentage of land to be dedicated;
b)
if, in the opinion of the Town, no public open space is required, the land
may be used for such other public use as the Town may determine;
c)
the location and suitability of any land dedicated under the provisions of
this Regulation shall be subject to the approval of the Town but in any
case, the Town shall not accept land which, in its opinion is incapable of
development for any purpose;
d)
the Town may accept from the developer in lieu of such area or areas of
land the payment of a sum of money equal to the value of the land which
would otherwise be required to be dedicated;
e)
money received by the Town in accordance with clause (1) (d) above,
shall be reserved by the Town for the purpose of the acquisition or
development of land for public open space or other public purpose.
(2)
Land dedicated for park land or other public use in accordance with this
Regulation shall be conveyed to the Town and may be sold or leased by the Town
for the purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for the
purposes of park land or other public uses.
(3)
The Town may require a strip of land to be reserved and remain undeveloped
23
along the banks of any river, brook or pond, and this land may, at the discretion of
the Town, constitute the requirement of land for park land under Clause (1) of this
Regulation.
(4)
Land that the Town requires to be set aside for storm water management, roads,
public services, public utilities or environmental protection shall be in addition to
whatever land the Town may require under Regulation 15 and Clause (1) of this
Regulation.
73.
Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the
prior approval of the Town which shall be satisfied on the question of safe construction
and relationship to the adjoining buildings and other structures within the street
reservation.
74.
Subdivision Design Standards
Subdivision design standards shall be as determined by the Town, and, where necessary,
the Provincial Government.
75.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters and
catch basins and all other utilities deemed necessary by the Town to service the
area proposed to be developed or subdivided shall be designed and prepared by or
approved by the Engineer. Such designs and specifications shall, upon approval
by the Town, be incorporated in the plan of subdivision.
(2)
Upon approval by the Town of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the
works and thereupon the developer shall proceed to the construction and
installation, at his own cost and in accordance with the approved designs and
specifications and the construction layout certified by the Engineer, of all such
water mains, hydrants, sanitary sewers and all appurtenances and of all such
streets and other works deemed necessary by the Town to service the said area.
76.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Town all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials and
labour for the construction and installation of all works calculated in accordance with the
Schedule of Fees recommended by the Association of Professional Engineers and
Geoscientists of Newfoundland and Labrador and in effect at the time the work is carried
out.
77.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Town as being necessary, may, at the Town's discretion, be
24
deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Town before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the Town shall
call for tenders for the work of construction and installation of the works, and the amount
so deposited by the developer shall be applied towards payment of the contract cost. If
the contract cost exceeds the deposit, the developer shall pay to the Town the amount of
the excess. If the contract price is less than the deposit, the Town shall refund the amount
by which the deposit exceeds the contract price. Any amount so deposited with the Town
by the developer shall be placed in a separate savings account in a bank and all interest
earned thereon shall be credited to the developer.
78.
Transfer of Streets and Utilities to Town
(1)
The developer shall, following the approval of the subdivision of land and upon
request of the Town, transfer to the Town, at no cost to the Town, and clear of all
liens and encumbrances:
a)
all lands in the area proposed to be developed or subdivided which are
approved and designated by the Town for public uses as streets, or other
rights-of-way, or for other public use;
b)
all services or public works including streets, water supply and
distribution and sanitary and storm drainage systems installed in the
subdivision that are normally owned and operated by the Town.
(2)
Before the Town shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets,
services and public works installed in the subdivision and certify his satisfaction
with their installation.
(3)
The Town shall not provide maintenance for any street, service or public work in
any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Town.
79.
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Town is
satisfied that:
a) the lot can be served with satisfactory water supply and sewage disposal systems; and,
b) satisfactory access to a street is provided for the lots.
25
PART V - USE ZONES
80.
Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use Zones
which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2)
Subject to Regulation 80 (3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in
the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not
set out in the Use Zone Tables in Schedule C, the Town may in its discretion,
determine the standards, requirements and conditions which shall apply.
81.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be determined by the Town in accordance with the classification and
examples set out in Schedule B.
82.
Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in
the appropriate Use Zone Table in Schedule C shall be permitted by the Town in that Use
Zone.
83.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set
out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone
if the Town is satisfied that the development would not be contrary to the general intent
and purpose of these Regulations, the Municipal Plan, or any further scheme or plan or
regulation pursuant thereto, and to the public interest, and if the Town has given notice of
the application in accordance with Regulation 23 and has considered any objections or
representations which may have been received on the matter.
84.
Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set
out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use
Zone.
26
SCHEDULE A - DEFINITIONS
GENERAL NOTE:
A definition marked with an asterisk is also included in the Ministerial Development
Regulations or the Act. Where there is a conflict, the Ministerial Development Regulations
or the Act prevails.
ACCESS* means a way used or intended to be used by vehicles, pedestrians or animals in order
to go from a street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING* includes:
(i)
a detached subordinate building not used as a dwelling, located on the same lot as the
main building to which it is an accessory which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools, green-
houses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic pets, or
radio and television antennae,
(iii)
for commercial uses, workshops, or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act 2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for
the purposes of advertisement, announcement or direction; excluding such things employed
wholly as a memorial, or functional advertisement of Councils, or other local authorities, public
utilities and public transport undertakers, and including any boarding or similar structure used or
adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the production of
food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of land as
grazing land, meadow land, osier land, market gardens and nursery grounds and the use of land
for woodlands where that use is ancillary to the farming of land for any other purpose.
"Agricultural" shall be construed accordingly.
AMUSEMENT USE means the use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
27
APARTMENT means a self-contained dwelling unit attached to residential or non-residential
use.
APARTMENT BUILDING means a building containing three or more dwelling units, but does
not include a row dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT means a person who has applied to a Town for an approval or permit to carry out
a development.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways.
AUTHORITY* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment
for paid temporary accommodation for up to sixteen (16) overnight guests that may include a
dining room for the use of overnight guests and their invitees. The establishment must be
registered with and receive a rating from Canada Select and also must be approved by the
Provincial Department of Tourism, Culture and Recreation as a Bed and Breakfast operation.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUILDING* means
(i)
a structure, erection, alteration or improvement placed on, over or under land or
attached, anchored or moored to land,
(ii)
mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
(iii)
a part of and fixtures on buildings referred to in subparagraphs (i) and (ii),
(iv)
an excavation of land whether or not that excavation is associated with the
intended or actual construction of a building or thing referred to in subparagraphs
(i) to (iii).
BUILDING HEIGHT* means the vertical distance, measured in metres, from the established
grade to the:
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between eave and ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof.
BUILDING LINE* means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed.
CAMPGROUND means the use of land for the accommodation of travel trailers, recreational
vehicles, and/or tents.
COLLECTOR STREET means a street that is designed to link local streets with arterial streets.
DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during the full
daytime period as defined under the Day Nurseries Act, but does not include a school as defined
by the Schools Act.
DECK means a raised structure that has a walking surface within one storey of the established
28
grade at the ground level of that face of the building that may or may not be attached to a main or
principal building, and does not have a permanent roof.
DEVELOPMENT* means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or the
intensity of use of any land, buildings, or premise and the
(i)
making of an access onto a highway, road or way,
(ii)
erection of an advertisement or sign,
(iii)
construction of a building,
(iv)
parking of a trailer, or vehicle of any description used for the sale of refreshments
or merchandise, or as an office, or for living accommodation, for any period of
time;
and excludes the
(v)
carrying out of works for the maintenance, improvement or other alteration of any
building, being works which affect only the interior of the building or which do
not materially affect the external appearance or use of the building,
(vi)
carrying out by a highway authority of any works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of
the road reservation,
(vii)
carrying out by any local authority or statutory undertakers of any works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or
other apparatus, including the breaking open of street or other land for that
purpose, and
(viii) use of any building or land within the courtyard of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as a dwelling.
DEVELOPMENT REGULATIONS* means regulations made under sections 34 to 38 (of the
Urban and Rural Act 2000).
DISCRETIONARY USE* means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations.
DOUBLE DWELLING means a building containing two dwelling units, placed one above the
other, or side by side, but does not include a self-contained dwelling containing a subsidiary
apartment.
DWELLING means a main building or portion thereof, which contains one or more dwelling
units.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used
or designed as the living quarters for one household.
ENGINEER means a professional engineer employed or retained by the Town.
ESTABLISHED GRADE* means,
(i)
where used in reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior or the front of that building exclusive of any artificial
embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure exclusive of any
artificial embankment or entrenchment.
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no
more than six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation,
this definition includes, but is not limited to, the facilities called "Group Homes", "Halfway
House", and "Foster Home".
29
FLOOR AREA* means the total area of all floors in a building measured to the outside face of
exterior walls.
FRONTAGE* means the horizontal distance between side lot lines measured at the building
line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front wall
of the main building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a
main building on the lot.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking
up, demolishing, or treating any article, commodity or substance. "Industry" shall be construed
accordingly.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance and
storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent characteristics,
constitute a special fire, explosion, radiation or other hazard.
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building by at
least one of the residents of the dwelling to conduct a gainful occupation or business activity.
INSPECTOR means any person appointed and engaged as an Inspector by the Town or by any
federal or provincial authority or the agent thereof.
INSTITUTION means a building or part thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or correctional purposes, or
whose liberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical limitations or
medical conditions.
LAND* includes land covered by water and buildings and structures on, over, under the soil and
fixtures that form part of those buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial use that
can be carried out without hazard or intrusion and without detriment to the amenity of the sur-
rounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or
appearance.
LOCAL STREET means a street designed primarily to provide access to adjoining land and
which is not designated as a collector street or arterial street.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
LOT* means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building.
LOT AREA* means the total horizontal area within the lines of the lot.
LOT COVERAGE* means the combined area of all buildings on the lot measured at the level
of the lowest floor above the established grade and expressed as a percentage of the total area of
the lot.
MAIN BUILDING - See Principal Building.
30
MARINA means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, and other services that are typically available for boats and other watercraft,
including storage, sales and rentals, with or without a club house and catering facilities. It can
also include a boat-house or shed associated with a dock or wharf.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, where, for the purposes of these Regulations it takes the
form of development -that is, visible and appreciable disturbance to soil.
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural gas.
MOBILE HOME means a transportable factory-built single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid down in the
Canadian Code for Residential Construction and is in accordance with the
construction standards laid down and all other applicable Provincial and
Municipal Codes and;
(b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot, and
subsequently supported on its own wheels, jacks, posts or piers, or on a
permanent foundation and;
(ii)
connected to exterior public utilities approved by the Town, namely, piped
water, piped sewer, electricity and telephone, in order for such mobile
home unit to be suitable for year round term occupancy.
MOBILE HOME PARK means a mobile home development under single or joint ownership,
cared for and controlled by a mobile home park operator where individual mobile home lots are
rented or leased with or without mobile home units placed on them and where ownership and
responsibility for the maintenance and development of site facilities including underground
services, access roads, communal areas, snow clearing and garbage collection, or any of them,
are the responsibility of the mobile home park management, and where the mobile home
development is classified as a mobile home park by the Town.
MOBILE HOME SUBDIVISION means a mobile home development requiring the
subdivision of land whether in single or joint ownership into two or more pieces or parcels of
land for the purpose of locating thereon mobile home units under either freehold or leasehold
tenure and where the maintenance of streets and services is the responsibility of a municipality or
public authority, and where the mobile home development is classified as a mobile home
subdivision by the Town.
NON-CONFORMING USE* means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone.
OWNER* means a person or an organization of persons owning or having the legal right to use
the land under consideration.
PERMITTED USE* means a use that is listed within the permitted use classes set out in the use
zone tables of an authority's development regulations.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
31
PRINCIPAL BUILDING(S) means the building or buildings in which the primary use of the
lot on which the building is located is conducted. This term is interchangeable with the term
Main Building.
PROHIBITED USE* means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted within a
use zone.
REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of the
main building on a lot.
RESTAURANT means a building or part thereof, designed or intended to be used or occupied
for the purpose of serving the general public with meals or refreshments for consumption on the
premises.
ROW DWELLING means a dwelling containing three or more dwelling units at ground level in
one building, each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SEMI-SERVICED DEVELOPMENT means development which is connected to the
municipal water or municipal sewer system, whether or not the sewage is piped directly to a
body of water.
SERVICE STATION means any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of motor
vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose is the
selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for
sale of retail services but does not include an establishment wherein the primary purpose is the
serving of meals or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum of 5 retail
establishments.
SHOWROOM means a building or part of a building in which samples or patterns are displayed
and in which orders may be taken for goods, wares or merchandise, including vehicles and
equipment, for later delivery.
SIDE YARD DEPTH* means the distance between the side lot line and the nearest side wall of
a building on the lot.
SIGN* means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures used
for the display of advertisements.
SINGLE DWELLING means a single dwelling which is free standing, separate, and detached
from other main buildings and consists of a constructed, prefabricated, or manufactured detached
dwelling unit, but not including a mobile home.
32
STREET* means a street, road or highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles.
STREET LINE* means the edge of a street reservation as defined by the authority having
jurisdiction.
SUBDIVISION* means the dividing of any land, whether in single or joint ownership into 2 or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
TAVERN includes a nightclub and means a building licensed or licensable under the Liquor
Control Act wherein meals and food may be served for consumption on the premises and in
which entertainment may be provided.
UNSERVICED DEVELOPMENT means development which is not connected to the
municipal water and sewer system, whether or not the sewage is piped directly to a body of
water.
USE* means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE* means an area of land including buildings and water designated on the
Zoning Map to which the uses, standards and conditions of a particular use zone table apply.
VARIANCE* means a departure, to a maximum of 10% from the yard area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the authority's regulations.
ZONING MAP* means the map or maps attached to and forming part of the authority's
regulations.
33
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
Gymnasia, Auditoria,
Bowling Alleys
Educational
Schools, Colleges (non-
residential)
Place of Worship
Churches and similar places
of worship, Church Halls
Passenger Assembly
Passenger Terminals
Club and Lodge
Private Clubs and Lodges
(non-residential)
Catering
Restaurants, Bars, Lounges
Funeral Home
Funeral Homes and Chapels
Child Care
Day Care Centres
Amusement
Electronic Games Arcades,
Pinball Parlours, Poolrooms
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and Fair-
grounds, Exhibition Grounds,
Drive-in Theatres, Paint Ball
Campground
Campgrounds, Recreational
Vehicle and Travel Trailer
Campgrounds
INSTITUTIONAL USES
Penal and Correctional
Detention
Jails, Penitentiaries, Police
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals (with
detention quarters),
Reformatories
Medical Treatment and
Special Care
Children's Homes,
Convalescent Homes
Homes for Aged, Hospitals,
Infirmaries
34
GROUP
CLASS
EXAMPLES
RESIDENTIAL USES
Single Dwelling
Single Detached Dwellings,
Family & Group Homes
Double Dwelling
Semi-detached Dwelling,
Duplex Dwellings, Family &
Group Homes
Row Dwelling
Row Houses, Town Houses,
Family & Group Homes
Apartment
Apartment
Apartment Building
Apartments, Family & Group
Homes
Collective Residential
Educational Residences,
Nurses and Hospital
Residences, etc.
Boarding House Residential
and/or Bed and Breakfast
Boarding Houses, Lodging
Houses, Bed and Breakfast
Commercial Residential
Hotels & Motels, Hostels,
Residential Clubs
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishing Cabins
Mobile Homes
Mobile Homes
Seniors' Housing and
Personal Care Facilities
Seniors' Housing and
Personal Care Facilities
BUSINESS & PERSONAL
SERVICE USES
Office
Offices (including
Government Offices), Banks
Medical and Professional
Medical Offices and
Consulting Rooms,
Dental Offices & Surgeries,
Legal Offices & Similar
Professional Offices
Personal Service
Barbers, Hairdressers, Beauty
Parlours, Small Appliance
Repairs
General Service
Self-service Laundries, Dry
Cleaners (not using
flammable or explosive
substances), Small Tool and
Appliance Rentals, Travel
Agents
Communications
Radio Stations, Telephone
Exchanges
Police Station
Police Stations without
detention quarters
Taxi Stand
Taxi Stands
Take-out Food Service
Take-out Food Service
Veterinary
Veterinary Surgeries
35
GROUP
CLASS
EXAMPLES
MERCANTILE USES
Shopping Centre
Shopping Centres
Shop
Retail Shops and Stores and
Showrooms, Department
Stores
Indoor Market
Market Halls, Auction Halls
Outdoor Market
Market Grounds, Animal
Markets, Produce and Fruit
Stands, Fish Stalls
Convenience Store
Confectionary Stores, Corner
Stores, Gift Shops, Specialty
Shops
INDUSTRIAL USES
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants, Distilleries
Feed Mills, & Lacquer,
Mattress, Paint, Varnish, and
Rubber Factories, Spray
Painting
General Industry
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing
Plants, Contractors' Yards
Service Station
Gasoline Service Stations,
Gas Bars, Car Wash
Light Industry
Light Industry, Parking
Garages, Indoor Storage,
Warehouses, Workshops
36
GROUP
CLASS
EXAMPLES
NON-BUILDING USES
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
Forestry
Tree Nurseries, Silviculture
Mineral Exploration
Mineral Exploration
Mineral Working
Quarries, Pits
Mining
Mining, Oil Wells
Recreational Open Space
Playing Fields, Sports
Grounds, Parks, Playgrounds,
Recreational Trails
Conservation
Watersheds, Buffer Strips,
Flood Plains, Architectural,
Historical and Scenic Sites,
Steep Slopes, Wildlife
Sanctuaries
Cemetery
Cemeteries, Graveyards
Scrap Yard
Car Wrecking Yards, Junk
Yards, Scrap Dealers
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill
Incinerators
Animal
Animal Pounds, Kennels,
Zoos
Antenna
TV, Radio and
Communications
Transmitting and Receiving
Masts
and Antennae
Transportation
Airfields, Docks, Marina,
Yacht Club, Boating Club,
Boat House and Harbours
Utilities
Windmills, Wind Turbines,
Solar, and other energy
sources not classed as a
Public Utility under the
Public Utilities Act.
37
SCHEDULE C - USE ZONE SCHEDULES
Schedule C contains tables showing the use classes which may be permitted or which may be
treated as discretionary use classes for the purpose of these Regulations. The tables also indicate
the required standards of development and may also include conditions affecting some or all of
the use classes.
Before issuing an Approval in Principle or a permit for a development, the Town shall review the
application to ensure that it is in compliance with Application, Parts I - General Regulations, II -
General Development Standards, III - Advertisements, IV - Subdivision of Land; and Schedules
A - Definitions, B - Classification of Uses of Land and Buildings and C - Use Zone Schedules.
Schedule C contains tables for the following Use Zones:
Town
TN
Rural Residential
RR
Rural
RU
Environmental Protection
EP
Protected Public Water Supply
PPWS
38
USE ZONE TABLE
TOWN (TN) ZONE
ZONE TITLE
TOWN (TN)
CAPE ST. GEORGE
PERMITTED USE CLASSES (see Regulation 82)
Apartment, Boarding House Residential and Bed and Breakfast, Child Care, Conservation,
Double Dwelling, Mobile Home, Recreational Open Space, Single Dwelling.
DISCRETIONARY USE CLASSES - (see Regulations 24 and 83)
Agriculture, Animal, Antenna, Campground, Catering, Cemetery, Commercial - Residential,
Communications, Club and Lodge, Convenience Store, Cultural and Civic, Educational,
General Industry, General Service, Indoor Assembly, Indoor Market, Light Industry, Medical
and Professional, Office, Mineral Exploration, Mineral Working, Outdoor Assembly, Outdoor
Market, Personal Service, Place of Worship, Protection (police and fire stations), Senior's
Housing and Personal Care Facilities, Service Station, Shop, Take-Out Food Service,
Transportation, Utilities, Veterinary.
STANDARDS
ALL USES WHERE APPLICABLE
Lot Area (Minimum) - As determined by the Town and/or Department of Government
Services
Lot Frontage (Minimum) - As determined by the Department of Government Services
Building Line and Setback (Minimum) Except Highways 460 and 463 - 8 m
Building Line and Setback (Minimum) Highways 460 and 463 - 10 m, or if 10 m is not
feasible, the minimum specified in the Building Near Highways Regulation and approved by
the Department of Transportation and Works
Side Yard Width (Minimum) - 2 m
Side Yard Width (Minimum) Corner Lot Flanking Road Except Highways 460 and 463 - 8 m
Side Yard Width (Minimum) Corner Lot Flanking Road Highways 460 and 463 - 10 m, or if
10 m is not feasible, the minimum specified in the Building Near Highways Regulation and
approved by the Department of Transportation and Works
Rear Yard Depth (Minimum) -14 m
Lot Coverage (Maximum) all buildings combined - 33%
Height (Maximum) - as determined by the Town
39
CONDITIONS FOR TOWN ZONE
1.
General
All development in this zone is subject to the approval of the Department of Government
Services, and where necessary, the Department of Transportation and Works before a
permit is issued by the Town.
Development shall not be connected to the Town's municipal water system.
Access to Highways 460 and 463 shall be approved by the Department of Transportation
and Works before a permit is issued by the Town.
2.
Home Business Accessory Use
Home Business Accessory Use (Regulation 40) is permitted in this zone.
3.
Mineral Working
See Condition 6 of the Rural Zone.
4.
Non Residential Uses
Non-residential uses shall be compatible with nearby existing and proposed residential
and other uses.
5.
Open Storage
The Town will not permit open dry storage of materials, goods and machinery, on sites
abutting a residential property unless properly screened and maintained in accordance
wih the Town's requirements.
6.
Subsidiary Apartment Accessory Use
A subsidiary apartment accessory (Regulation 55) use is permitted in this zone.
40
USE ZONE TABLE
RURAL RESIDENTIAL (RR) ZONE
ZONE TITLE RURAL RESIDENTIAL (RR)
CAPE ST. GEORGE
PERMITTED USE CLASSES (see Regulation 82)
Boarding House and Bed and Breakfast, Conservation, Mobile Home, Recreational Open
Space, Seasonal Residential, Single Dwelling
DISCRETIONARY USE CLASSES (see Regulations 24 and 83)
Agriculture, Antenna, Campground, Forestry, Mineral Exploration, Outdoor Assembly,
Seasonal Residential, Utilities
STANDARDS
ALL USES WHERE APPLICABLE
Lot Area (Minimum) - As determined by the Department of Government Services
Lot Frontage (Minimum) - As determined by the Department of Government Services
Building Line and Setback (Minimum) Except Highways 460 and 463 - 8 m
Building Line and Setback (Minimum) Highways 460 and 463 - 10 m, or if 10 m is not
feasible, the minimum specified in the Building Near Highways Regulation and approved by
the Department of Transportation and Works
Side Yard Depth (Minimum) - 2 m
Side Yard Width (Minimum) Corner Lot Flanking Road Except Highways 460 and 463 - 8 m
Side Yard Width (Minimum) Corner Lot Flanking Road Highways 460 and 463 - 10 m, or if
10 m is not feasible, the minimum specified in the Building Near Highways Regulation and
approved by the Department of Transportation and Works
Rear Yard Depth (Minimum) -14 m
Lot Coverage (Maximum) all buildings combined- 33%
Height (Maximum) - as determined by the Town
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CONDITIONS FOR RURAL RESIDENTIAL ZONE
All development in this zone is subject to the approval of the Department of Government
Services, and where necessary, the Department of Transportation and Works before a permit is
issued by the Town.
Development shall not be connected to the Town's municipal water system.
Access to Highways 460 and 463 shall be approved by the Department of Transportation and
Works before a permit is issued by the Town.
Home Business Accessory Use (Regulation 40) is permitted in this Zone.
Subsidiary Apartment Accessory Use (Regulation 55) is permitted in this Zone.
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USE ZONE TABLE
RURAL (RU) ZONE
ZONE TITLE
RURAL (RU)
CAPE ST. GEORGE
PERMITTED USE CLASSES (see Regulation 82)
Agriculture, Antenna, Conservation, Forestry, Mineral Exploration, Recreational Open Space
DISCRETIONARY USE CLASSES (see Regulations 24 and 83)
Animal, Campground, Cemetery, General Industry, Light Industry, Mineral Working,
Mining, Outdoor Assembly, Seasonal Residential, Transportation, Utilities
CONDITIONS FOR RURAL ZONE
1.
Development Standards
Development standards in this zone will be determined by the Town, and the Department
of Government Services, and other departments.
All development in this zone shall be approved by the Department of Government
Services and the Department of Natural Resources, and other agencies or departments as
required, before a permit is issued by the Town.
Access to Highway 460 shall be approved by the Department of Transportation and
Works before a permit is issued by the Town.
Development in this zone shall not be connected to municipal water and/or sewer
services.
2.
Campground
A campground may only be permitted as a discretionary use, provided a plan of the
development is submitted in a format satisfactory to the Town.
4.
General Industry
General industrial uses shall be restricted to the maintenance and repair of equipment,
processing and storage related to agriculture, forestry or mineral working uses. Only an
office may be allowed as an accessory use.
5.
Light Industry
Light Industry is restricted to indoor and open storage, with the only accessory use being
an office. Light industrial development may only take place on a site or sites approved by
the Town and shown on a plan which is approved by the Town.
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6.
Mineral Working
Mineral Working uses shall meet the conditions set out below:
6.1.
Separation from Adjacent Uses
Unless the Town is satisfied that the working will not create a nuisance and will not
adversely affect the amenity of the specified development or natural feature, no mineral
working shall be located closer than the minimum distances set out below to the specified
development or natural feature.
Minimum Buffer Distance
of Pit or Quarry Working
Hardrock quarry and Urban Development
1,000 metres
Other than hardrock quarry and
existing or proposed residential
development
300 metres
Any other development area, or area
likely to be developed during the
life of the pit or quarry working
150 metres
Public highway or street
50 metres
Protected Road
90 metres
Waterbody or watercourse
50 metres
6.2.
Screening
A mineral working shall be screened in the following manner where it is visible from a
public street or highway, developed area, or area likely to be developed during the life of
the working:
a)
Where tree screens exist between the mineral working and adjacent public
highways and streets or other land uses (excepting forestry and agriculture), the
tree screens shall be retained in a 30-metre wide strip of vegetation so that
visibility of any part of the operation from the surrounding uses or streets will be
prevented. The tree screens must be maintained by the owner or occupier of the
mineral working to retain 30 metres in a forested appearance. Where vegetation
dies or is removed from the 30-metre strip, the Town may require new trees of a
minimum height of 1 metre to be planted to fill in the area affected to the
satisfaction of the Authority or, at the discretion of the Town, condition 6.2(b)
must be undertaken.
b)
Where no tree screens exist of sufficient width and density to constitute a visual
screen, earthen berms shall be constructed to a height sufficient to prevent
visibility from any part of the mineral working operation from adjacent uses
(excepting forestry and agriculture) or adjacent public highways and streets. The
berms shall be landscaped to the Town's satisfaction.
c)
Where natural topography creates a visual screen between mineral workings and
adjacent public highways and streets or other land uses (excepting forestry and
agriculture), additional screening may not be required.
d)
Where effective screening for any mineral working or associated processing or
manufacturing use cannot be installed or located as required in 6.2(a) - 6.2(c)
above, the Town may refuse to permit the mineral working or associated activity.
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6.3.
Fencing
The Town may require the mineral working site or excavated area of a pit or quarry
working to be enclosed by a fence designed and constructed to its specifications and no
less than 1.8 metres in height.
6.4.
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably reduce
the quality of water in any waterbed or watercourse. Any access road to a pit and quarry
working which crosses a brook or stream shall be bridged or culverted at the crossing in
accordance with the Regulations of the Department of Environment and Conservation.
6.5.
Water Ponding
No mineral working shall result in the excavation of areas below the level of the water
table nor in any way cause the accumulation or ponding of water in any part of the site.
Settling ponds may be permitted with the approval of the Department of Environment
and Conservation.
6.6.
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of adjacent
land.
6.7.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned
equipment and any derelict buildings.
6.8.
Access Roads
No quarry may be developed where the access road passes through a residential
neighbourhood.
During extended periods of shutdown, access roads to a mineral working shall be ditched
or barred to the satisfaction of the Town.
6.9.
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron stained
layer, shall be stripped and stockpiled at least 5 metres from uncleared areas and 10
metres from active quarry or stockpile areas. The owner or operator shall ensure that the
quality of the topsoil is not affected by dilution with other materials.
6.10. Operating Plant and Associated Processing and Manufacturing
The Town may permit processing and manufacturing use associated with mineral
workings provided that, in the opinion of the Town, the use does not create a nuisance
nor is liable to become a nuisance or offensive by the creation of noise or vibration, or by
reason of the emission of fumes, dust, dirt, objectionable odour, or by reason of unsightly
storage of materials.
45
All permanent or temporary buildings, plants and structures associated with processing
and manufacturing will be located so as not to interfere with the present or future
extraction of aggregate resources.
The Town may specify a minimum separation distance between operating plant or
associated processing and manufacturing structure or equipment and adjacent developed
areas likely to be developed during the life of the mineral working.
6.11. Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out by the
operation:
a)
All buildings, machinery and equipment shall be removed.
b)
All pit and quarry slopes shall be graded to slopes less than 20 percent or to the
slope conforming to that existing prior to the mineral working.
c)
Topsoil and many organic materials shall be respread over the entire quarried
area.
d)
The access road to the working shall be ditched or barred to the satisfaction of the
Town.
If the mineral working contains reserve of material sufficient to support further extraction
operations, the Town may require the work described above to be carried out only in
areas of the site where extraction has depleted aggregate reserves.
6.12. Security
The Town may require the posting of a bond or other type of financial guarantee as
security to ensure the rehabilitation of quarry sites to acceptable standard.
6.13. Buffers
No cutting of timber or mineral working will occur within 50 m of any tributary of any
body of water.
6.14. Extraction & Rehabilitation Plan
As a condition of approval, the Town may require the developer:
a)
to submit for the consideration and approval of the Town a Mineral Working
Development Plan for the proposed Mineral Working use which shall include a
site plan showing the location of physical site features and extraction and
processing features; and
b)
to submit for the consideration and approval of the Town a Mineral Working
Reclamation Plan for the proposed mineral working use which shall explain,
illustrate and show to the satisfaction of the Town a plan for restoration of the site
which includes final ground contours, slopes, depth of topsoil, and vegetation and
a phasing plan if necessary in the form of a grading and landscape plan or plans.
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6.15. Permit Fee
The development permit fee for a mineral working shall be determined by the Town in an
amount sufficient to cover the review of any required Development and Reclamation
Plans by a professional engineer, ongoing inspection of the site for conformity with any
required Plans and with the conditions of the development permit, and inspection of the
site to determine acceptable reclamation, and, where applicable, for purposes of return or
cancellation of the financial guarantee required in 6.12 above.
7.
Seasonal Residential
Seasonal Residential is limited to 'remote cottages', that is cabins or cottages not having
frontage on a publicly owned and maintained road.
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USE ZONE TABLE
ENVIRONMENTAL PROTECTION (EP) ZONE
ZONE TITLE
ENVIRONMENTAL PROTECTION (EP)
CAPE ST. GEORGE
PERMITTED USE CLASSES (see Regulation 82)
Conservation
DISCRETIONARY USE CLASSES (see Regulations 24 and 83)
Forestry, Mineral Exploration, Recreational Open Space, Transportation, Utilities
CONDITIONS FOR THE ENVIRONMENTAL PROTECTION ZONE
All development in this zone is subject to the approval of the Department of Environment and
Conservation and other relevant agencies along with the Town.
Before a permit is issued for development within the Environmental Protection designation, the
Town and other appropriate agencies shall ensure that the development, including domestic
cutting, will not negatively affect the rare plants sites as indicated on Land Use Zoning Map 1.
Forestry activity is limited to domestic cutting only.
Transportation uses are limited to wharves, docks, fishing stages, marinas, boat houses and
similar uses.
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USE ZONE TABLE
PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE
ZONE TITLE PROTECTED PUBLIC WATER SUPPLY(PPWS)
CAPE ST. GEORGE
PERMITTED USE CLASSES (see Regulation 82)
Conservation
DISCRETIONARY USE CLASSES (see Regulations 24 and 83)
Antenna, Mineral Exploration, Recreational Open Space, Utilities
CONDITIONS FOR THE PROTECTED PUBLIC WATER SUPPLY ZONE
1.
General Conditions and Referrals
In addition to any other approvals or requirements by the Town, all development in this
zone shall be subject to the approval of the Minister of Environment and Conservation.
Conditions 1, 2, 3, 4, and 5 are based upon Department of Environment and Conservation
Policy Directive W.R. 95-01 - Water Resources Division as modified.
2.
Activities Not Permitted
The following activities shall not be permitted in this zone:
a)
placing, depositing or discharging or permitting the placing, depositing or
discharging into a body of water any sewage, refuse, chemicals, municipal and
industrial wastes or any other material which impairs or has potential to impair
water quality;
b)
using a waterway or wetland or specified buffer zones for any activity detrimental
to water quality, and not permitted in the Environment Act;
c)
using ice covered water body for transporting logs or wood, riding skidoos/motor
vehicles/all terrain vehicles, leading of animals, or any other activity, including
littering, which impairs or has potential to impair water quality;
d)
using or operating existing facilities in such a manner that impairs or has potential
to impair water quality;
e)
storage and disposal of pesticides and manure, application of manure and
chemicals in specified buffer zones, extensive land clearing, and peat land
drainage without adequate treatment.
f)
application of herbicides in the right-of-way, and use of chemically treated utility
poles and other related structures; and,
g)
any other storage or disposal facilities that the Minister of Environment and
Conservation considers environmentally unacceptable.
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3.
Activities Regulated
Subject to the other provisions of these Regulations, in this zone no person shall
undertake any of the following activities without obtaining prior written approval from
the Minister of Environment and Conservation and a permit from the Town:
a)
expansion and upgrading of the existing activities, operations or facilities;
b)
land clearing or drainage, construction of access roads, servicing of lands for
subsequent use, or extension and upgrading of existing buildings or facilities;
c)
installation of storm or sanitary sewer pipelines, pipelines for transmission of
water for hydroelectric generation, agriculture uses, or any other purposes;
d)
construction of roads, bridges, culverts, and other stream crossings, and
installation of power and telecommunication transmission lines;
e)
modification to intake structures, pump house, reservoir; and
f)
any other development or activity which, in the opinion of the Minister of
Environment and Conservation, has caused impairment or has potential to impair
water quality.
4.
Approval Process
(1)
The proponent shall submit a detailed development plan along with maps,
drawings and specifications and other information as required by the Town and
the Minister of Environment and Conservation for approval.
(2)
The Minister of Environment and Conservation may, on the recommendation of
his/her officials, issue a certificate of approval for the proposed development on
such terms and conditions as the Minister considers necessary to protect water
quality.
(3)
The proponent shall obtain separate approvals from the Minister of Environment
and Conservation for all permanent or temporary stream crossings or for alteration
to bodies of water that may be necessary to carry out the approved development.
(4)
The proponent shall also obtain licences, permits or approvals under other Acts
and Regulations, including the Development Regulations as required prior to
commencing the approved work.
(5)
The proponent of the approved development shall notify the Town by providing a
copy of the approval issued under this policy before commencing the work.
(6)
The proponent shall maintain adequate liaison and consultation with the person or
authority responsible for the operation and maintenance of the waterworks during
the implementation and operation of the approved work.
(7)
The Minister of Environment and Conservation may require the inspection of the
approved development from time to time by his/her officials to ensure that the
development is carried out in an environmentally acceptable manner and the
proponent is complying with the terms and conditions of the approval.
(8)
The Minister of Environment and Conservation may require a proponent to
monitor water quality according to a monitoring program approved by the
Minister in order to evaluate the impact of the approved development on public
water supply.
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USE ZONE TABLE
HIGHWAY RESERVE (HR) ZONE AND OVERLAY
ZONE TITLE
HIGHWAY RESERVE (HR)
PERMITTED USE CLASSES (see Regulation 82)
Conservation, Transportation
DISCRETIONARY USE CLASSES (see Regulations 24 and 83)
Mineral Exploration
CONDITIONS FOR THE HIGHWAY RESERVE ZONE AND OVERLAY
All development in this Zone is subject to the approval of the Department of Transportation and
Works and other relevant agencies along with the Town.
Where the Highway Reserve crosses over the Public Protected Water Supply Zone at Rouze's
Brook, it becomes an overlay to that Zone and is subject to the approval of the Minister of
Environment and Conservation to ensure that there are no negative impacts on the Town's water
supply.
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SCHEDULE D - WATERWAYS AND WETLANDS - W.R. 97-1 AND W.R. 97-2
NOTE: Schedule E sets out the applicable policy directives under the Water Resources Act
concerning development in and near bodies of water - waterways and wetlands - as described
in Part II of the Development Regulations. These directives were obtained from the Government
of Newfoundland and Labrador Department of Environment and Conservation Website and may
be amended or changed without notice.
WATERWAYS
Development in Shore Water Zones - Policy Directive W.R. 97-1
1.0
INTRODUCTION
The shore water zone is the interface between land and water, and includes the land along
the edge of an ocean, or a fresh water body. The shore water zone owes its unique
ecological attributes to the area encompassing both the land draining into the water body
and the water body itself. Unplanned and imprudent development on shore water zones,
including infilling and waste disposal, may have detrimental effects on water quality,
water quantity, and on terrestrial and aquatic life and habitat. Human impacts on salt
water shore zones, caused by, for example, untreated sewage disposal, surface runoff
from urban and industrial sites, etc., has led to closures of bays to aquaculture and
shellfish harvesting. The economic impacts of environmental damage of fresh water
shore zones include loss of recreational opportunities, depreciation of land values, etc.
Shore water zones are also areas that are subject to flooding, with possible adverse
impacts on life and property along the zones.
2.0
OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the Water
Resources Act, SNL 2002 cW-4.01, for all development activities in and affecting shore
water zones. The objective of the policy is to permit developments of shore water zones
such that potential economic losses and impacts on water quantity, water quality, and
terrestrial and aquatic habitats and life are minimized.
3.0
LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act") sections 30, 48 and 64
4.0
DEFINITIONS
Body of Water -
(Statutory definition from the Act) "body of water" means a
surface or subterranean source of fresh or salt water within the
jurisdiction of the province, whether that source usually
contains liquid or frozen water or not, and includes water above
the bed of the sea that is within the jurisdiction of the province,
a river, stream, brook, creek, watercourse, lake, pond, spring,
lagoon, ravine, gully, canal, wetland and other flowing or
standing water and the land occupied by that body of water
Shore Water Zone -
"Shore Water Zone" means the land that is intermittently
occupied by water as a result of the naturally fluctuating
surface water level in a body of water which can be either a
fresh or salt water body and, in either case, the low water mark
and high water mark of the water body defining the edges of
the shore water zone.
Development -
"Development" means the carrying out of an activity or
52
operation which includes construction of wharves, moorings,
jetties, other docking facilities, marinas, boathouses, etc.,
mechanical disturbance of the land, infilling, drainage,
dredging, channelization, erosion control works, and removal
of vegetation on shore water zones for social or economic
benefits, or any change in the use or the intensity of use of any
shore water zone.
5.0
POLICIES
5.1
High Water Level of a Water Body
The high water level of a water body is taken to be the 1:100 year return period water
level. For a fresh water body, this level includes water levels caused strictly by storm
runoff or hydraulic effects of ice or both. In marine situations, the level must include
maximum waves, wind setup, storm surge, and ultimate mean sea levels under current
global climatic forecasts for a 1:100 year design.
5.2
Developments Not Permitted
5.2.1 Infilling, drainage, dredging, channelization, or removal of surface or underwater
vegetation on or along shore water zones, which could aggravate flooding
problems, will not be permitted.
5.2.2
Infilling, drainage, dredging, channelization, or removal of surface or underwater
vegetation on or along shore water zones, which have unmitigable adverse water
quality impacts on the shore water zones, will not be permitted.
5.2.3 Infilling, drainage, dredging, channelization, or removal of surface or underwater
vegetation on or along shore water zones which have significant impacts on water
circulation patterns within the shore water zones or on sediment deposition or
accretion or removal rates along the shore water zones will not be permitted.
5.2.4 Placing, depositing or discharging into shore water zones of any raw sewage,
refuse, municipal and industrial wastes, fuel or fuel containers, pesticides,
herbicides or other chemicals or their containers, or any other material, which
impairs or has the potential to impair the water quality of the shore water zones
will not be permitted.
5.2.5 Construction of extensive paved surfaces along a shore water zone, which
changes the intrinsic character of the shore water zone, will not be permitted.
5.3
Developments Requiring Written Permission
The following developments on or along shore water zones will be permitted subject to
the prior written permission of the Minister of Environment and Conservation (the
"Minister") in accordance with the Act:
5.3.1 Limited removal of surface vegetation cover for the construction of marinas,
boathouses, jetties, wharves, moorings, and other docking facilities.
5.3.2 Construction of marinas, boathouses, jetties, wharves, moorings and other
docking facilities which would require only minor disturbances to water
circulation patterns within the shore water zone and which have limited impacts
on sediment deposition or accretion rates along the shore water zone.
5.3.3 Extension and upgrading of existing buildings, structures and facilities within
shore water zone areas.
5.3.4 Development related to recreational activities including the setting up of
campgrounds, permanent and semi-permanent facilities, etc., along shore water
zones.
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5.4
Implementation of Mitigative Measures
All developments which are permitted within shore water zones and which could result in
potentially adverse changes to water quantity or water quality of the shore water zone
will require the implementation of mitigative measures to be specified in the terms and
conditions for the environmental approval.
5.5
Restoration Measures
The terms and conditions of the environmental approval will specify the restoration
measures to be implemented upon cessation of activities or abandonment of facilities on
shore water zones.
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WETLANDS
Subject:
Development in Wetlands
1.0
INTRODUCTION
Wetlands, which include bogs, fens, marsh, swamps, and shallow water, collect and store
runoff, moderate and attenuate downstream flood flows, reduce downstream flooding and
erosion, clean and purify water, recharge groundwater zones, and provide unique habitat
for plants and animals. The wetlands of Newfoundland and Labrador are increasingly
being altered from their natural state to support alternative land uses such as agriculture,
urbanization, industrial development, and recreation. Unplanned and imprudent
development of wetlands, including drainage, infilling, and channelization, have
detrimental effects on the wetlands' and downstream water quality and water quantity,
and on terrestrial and aquatic habitat, life, flora and fauna. The potential consequences of
impacts on water resources include structural damage to bridges and culverts from
increased flood flows; river bed erosion causing siltation; and detrimental impacts on fish
resources, drinking water quality and recreational uses of water bodies.
The problem facing wetland management is that the ecological and socio-economic
benefits of these ecosystems are usually not directly measurable and in many instances
are not recognized until it is too late. The extensive nature of wetlands, peatlands in
particular, in this province means that there is room for more developments to occur to
meet social and economic needs, as long as hydrologic and environmental impacts are
minimized.
2.0
OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the Water
Resources Act, SNL 2002 cW-4.011, for all development activities in and affecting
wetlands. The objective of the policy is to permit developments in wetlands, which do
not adversely affect the water quantity, water quality, hydrologic characteristics or
functions, and terrestrial and aquatic habitats of the wetlands.
3.0
LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act") sections 30, 48 and 64
4.0
DEFINITIONS
Body of Water -
(Statutory definition from the Act) "body of water" means a
surface or subterranean source of fresh or salt water within the
jurisdiction of the province, whether that source usually
contains liquid or frozen water or not, and includes water above
the bed of the sea that is within the jurisdiction of the province,
a river, stream, brook, creek, watercourse, lake, pond, spring,
lagoon, ravine, gully, canal, wetland and other flowing or
standing water and the land occupied by that body of water.
Wetland -
(Statutory definition from the Act) "wetland" means land that
has the water table at, near or above the land surface and
includes bogs, fens, marshes, swamps and other shallow open
water areas
55
Wetland development -
"Wetland development" means the carrying out of an activity
or operation which includes the construction of ditches,
mechanical disturbance of the ground, alteration of normal
water
level
fluctuations,
infilling,
drainage,
dredging,
channelization, and removal of vegetation cover and/or organic
matter on a wetland for social or economic benefits, or the
making of any change in the use or the intensity of use of any
wetland which affects its hydrologic characteristics or
functions
5.0
POLICIES
5.1
Developments Not Permitted
5.1.1 Infilling, drainage, dredging, channelization, removal of vegetation cover or
removal of soil or organic cover of wetlands which could aggravate flooding
problems or have unmitigable adverse water quality or water quantity or
hydrologic impacts will not be permitted.
5.1.2 Developments of wetlands which are located within the recharge zones of
domestic, municipal or private groundwater wells will not be permitted.
5.1.3 Placing, depositing or discharging any raw sewage, refuse, municipal and
industrial wastes, fuel or fuel containers, pesticides, herbicides or other chemicals
or their containers, or any other material which impairs or has the potential to
impair the water quality of wetlands will not be permitted.
5.2
Developments Requiring Written Permission
The following developments affecting wetlands will be permitted subject to the prior
written permission of the Minister of Environment and Conservation (the "Minister") in
accordance with the Act:
5.2.1 Removal of the surface vegetation cover of wetlands for extraction of peat, or for
preparing the area for agricultural or forestry activities.
5.2.2 Construction of ditches, tile fields and other types of flow conveyances to drain
wetlands for extraction of peat, or for preparing the area for agricultural or
forestry operations.
5.2.3 Removal of the topsoil or organic cover of wetlands for use as horticultural or
fuel peat, or for preparing the area for agricultural or forestry activities.
5.2.4 Infilling, dredging, or any other disturbance of wetlands for the construction of
permanent
or
temporary
roads,
bridges,
culverts,
trails,
power
and
telecommunication transmission lines, pipelines, etc., through wetlands which
would necessitate only minor disturbances to the vegetation and organic cover,
the flow drainage pattern of the area and ground slope.
5.2.5 Infilling, dredging or other disturbance of wetlands for the construction of
residential, commercial, industrial and institutional facilities or extension and
upgrading of existing buildings and facilities within wetland areas.
5.2.6 Development related to recreational activities including the setting up of
campgrounds, permanent and semi-permanent facilities, etc., on wetland areas.
5.2.7 Construction of flow control structures to alter the normal water level fluctuations
of wetlands for the purposes of enhancing the quality or quantity of fish and other
wildlife habitat.
5.3
Implementation of Mitigative Measures
All uses and developments of wetlands resulting in potentially adverse changes to water
quantity or water quality or hydrologic characteristics or functions of the wetlands will
require the implementation of mitigative measures to be specified in the terms and
conditions for the environmental approval.
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5.4
Restoration Measures
The terms and conditions of the environmental approval will specify the restoration
measures to be implemented upon cessation of activities or abandonment of facilities on
wetland areas.