Town of Come By Chance Municipal Plan (with Amendments)
Come By Chance, Newfoundland and Labrador
· adopted 2003-01-10
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TOWN OF COME BY CHANCE
MUNICIPAL PLAN
IMPORT ANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Municipal Plan Amendments
Urban and Rural Planning Act
Resolution to Adopt
Town of Come By Chance
Municipal Plan
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of Come By Chance adopts the Come By Chance Municipal Plan.
Adopted by the Town Council of Come By Chance on the 0.:1 day of0c-tobe,r-
, 2001.
Signed and sealed this 0~ day of 00-lobe,r-
, 2001.
Mayor:
Clerk:
Canadian Institute of Planners Certification
I certify that the attached Municipal Plan have been prepared in accordance with the
requirements of the Urban and Rural Planning Act 2000.
(
Urban and Rural Planning Act
Resolution to Approve
Town of Come By Chance
Municipal Plan
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning
Act 2000, the Town Council of Come By Chance
a)
adopted the Come By Chance Municipal Plan on the O~
day of Oct. , 2001.
b)
gave notice of the adoption of the Come By Chance Municipal Plan by advertisement
inserted on the J.2 nd day and theJ'l"1day of Qc,tobe~ 2001 in the Ricke.t
newspaper.
c)
set the B.lh
day of No\l. at
7: 00
p.m. at the Town Hall, Come By
Chance, for the holding of a public hearing to consider objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town
Council of Come By Chance approves the Come By Chance Municipal Plan as adopted.
SIGNED AND SEALED this O.'.l day of October
, 2001.
Mayor:
Clerk:
Table of Contents
1. 0 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1. 1 Purpose of the Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 Plan Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3 The Effect and Variation of the Municipal Plan . . . . . . . . . . . . . . . . . . . . . . 3
1.4 Municipal Plan Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.5 Other Plans for Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.6 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.7 Municipal Planning Area ....................................... 4
2.0 Planning Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.1 Population and Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.2 Commercial and Industrial Expansion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.3 Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.4 Municipal Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.5 Land Use Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.6 Community Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.0 Policies for Growth and Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.1 Community Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.2 Land Use Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.3 Land Use Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3.3.1 General Development Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3.3.2 Residential ......................................... 10
3.3.3 Urban Reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3.3.4 Mixed Development ................................... 12
3.3.5 Highway Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3.3.6 Industrial ........................................... 14
3.3.7 Rural and Resource Uses .............................. 15
3.3.8 Conservation ........................................ 16
3.3.9 Watershed Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.3.10 T'Railway Recreation Corridor . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3.4 Roads and Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
5.0 Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
5.1 Administration of the Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
5.2 Municipal Budget and Capital Works Program . . . . . . . . . . . . . . . . . . . . . 24
5.3 Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
5.3.1 Considerations for Rezonings . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
5.3.2 Criteria to be Considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
5.4 Development Schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
5.5 Municipal Land Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
5.6 Amending and Reviewing the Municipal Plan . . . . . . . . . . . . . . . . . . . . . . 26
5.7 Professional Advice ......................................... 26
Appendix 1. Come By Chance Municipal Plan Review Background Report . . . . . . . . 27
Future Land Use Maps 1 &2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
1.0 Introduction
1.1 Purpose of the Plan
The Come By Chance Municipal Plan is Council's comprehensive policy document for
the management of growth within the municipal planning area over the ten-year
planning period 2001-2011.
The Plan has been drafted following a review of the 1991-2001 Plan and all other land
use planning documents pertaining to the Town. Relevant planning issues have been
reviewed including a-survey and study of land use, population growth, economic base
of the Town, transportation, communication, and public services. The results of the
work conducted for the review are presented in Appendix 1, Come Sy Chance
Municipal Plan Review: Background Report.
The Plan contains goals, objectives and policies of Council regarding development of
the municipal planning area for the next ten years. It is Council's aim, through the
Municipal Plan, to promote the health, safety and economic well-being of the
community and efficiently utilize land, water, and other resources. The Come By
Chance Municipal Plan consists of written text and Future Land Use Maps 1 and 2.
1.2 Plan Approval
When the Municipal Plan is formally adopted by resolution of Council under Section 16
(1) of the Urban and Rural Planning Act, Council gives notice of a public hearing. At the
public hearing a commissioner, appointed by the Council, will hear objections and
representations regarding the Municipal Plan, then write a report to Council together
with copies of all submissions taken at the hearing.
After the commissioner's report has been submitted, Council consider's the
recommendations and may approve the Plan, or approve it with changes that may be
recommended by the Commissioner. Council then submits the Municipal Plan and
accompanying Development Regulations to the Minister of Municipal and Provincial
Affairs to be registered in a planning registry that the Minister shall establish in the
Department. The Plan comes into effect on the date notice of its registration is
published in the Newfoundland Gazette.
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2001-2011
Come By Chance Municipal Plan
1.3 The Effect and Variation of the Municipal Plan
When the Municipal Plan comes into effect it is binding upon Council and upon all
other persons, corporations and organizations. The Plan must be reviewed by Council
every five years from the date on which it comes into effect and, if necessary, revised to
take account of developments which can be foreseen during the next ten-year period.
1.4 Municipal Plan Implementation
When a Municipal Plan comes into effect, Council is required to develop regulations for
the control of the use of land, in strict conformity with the Municipal Plan, in the form of
Land Use Zoning, Subdivision and Advertisement Regulations. These "Development
Regulations" are prepared and approved at the same time as the Municipal Plan, and
like the Plan, may be amended at any time to include new land uses and specific
regulations.
Day-to-day administration of the Municipal Plan and Development Regulations will be
conducted by staff members authorized by Council, who issue permits for
developments approved by Council. Staff will also make recommendations to Council
on matters pertaining to development in accordance with the Municipal Plan, and
enforce the regulations.
1.5 Other Plans for Development
At any time after the adoption of the Municipal Plan, Council can prepare and adopt
development schemes under Section 29 of the Urban and Rural Planning Act for the
purpose of carrying out specific proposals of the Municipal Plan.
Council may also prepare a development scheme for the acquisition, assembly,
consolidation, subdivision, and sale or lease by the municipality, of land and buildings
which are necessary to carry out provisions of the Plan.
Council may reserve land for future acquisition as the site of any public roadway,
service or building, or for a school, park or other open space, and may make such
agreement with owners of the land as will permit its acquisition and use. Council may
also specify the manner in which any particular area of land is to be used, subdivided
or developed, and may regulate the construction of buildings which would interfere with
the carrying out of any development project.
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Come By Chance Municipal Plan
2001-2011
1.6 Interpretation
In this Municipal Plan:
D
"Council" shall mean the Council of the Town of Come By Chance.
D
"Development Regulations" shall mean the Come By Chance Land Use
Zoning, Subdivision and Advertisement Regulations.
D
"Municipal Planning Area" shall mean the Come By Chance Municipal
Planning Area.
D
"Town" shall mean the Town of Come By Chance.
The boundaries between the different land uses designated in the Municipal Plan are
meant to be general, except in the case of roads or other .prominent physical features
where they are intended to define the
exact limits of each category of land
use.
Nothing in the Plan shall affect the
continuance of land uses which are
lawfully established on the date that this
Plan comes into effect.
1.7 Municipal Planning
Area
The Come by Chance Municipal
Planning Area was first defined in 1970
and later revised in 1990, is
coincidental with the Municipal
boundary. The Planning Area is shown
in Figure 1.
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2.0 Planning Context
2.1 Population and Employment
The Town of Come By Chance has maintained a stable population over the planning
period, despite expectations of rapid growth pressures from oil and gas development in
the region. New development has occurred in the residential sector with infilling along
the Main Road and in existing subdivisions. Over the planning period, it is estimated
that there will be a need for approximately 50 new residential building lots. With the
completion of a piped water and sewer system, the town can now accommodate growth
on a fully serviced basis.
Development pressures are evident in a demand for rental accommodations, primarily
to house workers at the Bull Arm fabrication yard which no longer has its own worker
accommodations camp.
The transient and uncertain nature of industrial employment in the area will result in
continuing demand for temporary rental accommodations. Should conditions change to
a more stable workforce, movement of families into the town could be expected,
generating a need for new residential building lots and retail services. There is
currently adequate land set aside for urban development to accommodate new
residential growth over the planning period.
2.2 Commercial and Industrial Expansion
While there have been pressures for various kinds of commercial development along
the Trans Canada Highway, very little new commercial development has actually
occurred within the town.
As the province's oil and natural gas industry grows, it is likely that expansion will occur
at the Whiffen Head Transshipment Terminal and the refinery, and may result in other
spinoff oil-related industrial development.
Rural uses have been limited primarily to aggregate extraction and some forestry
activities at a few sites within areas designated in the Plan for Rural land uses.
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Come By Chance Municipal Plan
2001-2011
2.3 Environment
Environmental issues are a growing concern in the town. Air quality issues associated
with the Come By Chance Oil Refinery, the protection of the Come By Chance River
which is a scheduled salmon river, and various areas of waterfowl habitat throughout
the town are of interest to residents. Results of a resident questionnaire indicated that
people value and desire the available natural open space within the community and are
looking for opportunities for passive recreational activities.
2.4 Municipal Finance
With an increased industrial tax base, the town has been able to invest in infrastructure
improvements, including improvements to the water and sewer system and the road
network. Firefighting services have also been upgraded with the construction of a new
fire hall and purchase of equipment. Further residential infilling along the existing main
road and in the residential subdivision have also improved the tax base of the town.
2.5 Land Use Issues
Development in the Town of Come By Chance has proceeded in an orderly fashion
over the planning period. The extent and level of development is not expected change
significantly over the next planning period, and there are no significant issues facing
the town in terms of land use.
Future residential development - With growth of the community over the planning
period, existing lands which have been available for residential development have been
taken up. Additional lands are now needed to accommodate growth over the next
planning period. With the provision of municipal services new development can
proceed on a serviced basis.
Mix of residential uses - Employment at the Bull Arm fabrication yard creates a
cyclical demand for worker accommodations in the isthmus region. This need is
currently being met by accommodations provided within existing dwellings. However,
there have been requests to house workers in work camps, in mobile homes or other
types of accommodations.
Industrial expansion - The Whiffen Head Transshipment Terminal, may see some
future expansion. The town wishes to take advantage of this possibility by expanding its
industrial area south to its boundary with Arnold's Cove to accommodate any oil-related
development at Whiffen Head and it expansion northward.
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Come By Chance Municipal Plan
Open Space - Residents of the town have indicated a need for the preservation of
open spaces for passive recreational pursuits. Land at the mouth of the Come By
Chance River, provides a popular recreational area for walking, fishing and nature
viewing. This area, and others within the town have also been identified as important
habitat for waterfowl.
Newfoundland T'Railway Park runs through the community, providing an opportunity
for recreational activities. This recreational park must be recognized in the Plan and
policies put in place to encourage its development as a linear park.
2.6 Community Consultation
During the course of the review of the Come By Chance Municipal Plan, a Public
Consultation Process was undertaken to obtain input from residents and various
provincial agencies. The Public Consultation Process involved the following:
0
A referral to government agencies for comment on provincial interests
within the Town;
D
A Community Survey;
0
Meetings with government agencies where issues had been identified;
0
A Community Newsletter summarizing the content of the Municipal Plan;
and
0
A Public Open House to present background information and the
proposed Plan and Development Regulations.
The results of these consultations have been used in the preparation of the Municipal
Plan and Development Regulations.
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3.0 Policies for Growth and Development
3.1 Community Goals
The following goals have been prepared to guide the growth of Come By Chance over
the planning period.
1.
Land Use . To manage growth in the Town in a manner which ensures
orderly development, economic use of municipal services and
compc1tibility between land uses.
2.
Industrial Development - Provide an adequate supply of industrial
lands to respond to rapid and temporary growth arising out of oil-related
activities in the Isthmus area.
3.
Housing - To provide for an adequate quality, quantity and mix of
housing to serve the needs of the community, as well as providing
housing options for transient industrial workers.
4.
Environment - To enhance and encourage the preservation of the
community's special natural areas and characteristics, such as the scenic
coastline, Come By Chance River and other sensitive waterfowl areas.
5.
Recreation - To provide convenient opportunities for recreational
facilities which meet the leisure needs of all age groups.
3.2 Land Use Objectives
The Town will work towards the following land use objectives:
-
Increase the land available for residential development to meet expected
demand over the planning period.
-
Encourage local commercial uses and their development along the Main
Street of the town.
0
Enhance the town for residents and visitors by designating lands to
protect public drinking water supplies, environmentally sensitive areas
and preservation of waterfowl habitat.
-
Encourage further oil-related industrial development.
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Come By Chance Municipal Plan
3.3 Land Use Policies
Future Land Use Maps 1 and 2, identify the major land use categories for the town of
Come By Chance. The following sections outline the Town's land use policies which
will guide development over the planning period.
3.3.1 General Development Policies
The following policies shall apply throughout the Municipality of Come By Chance:
1.
2.
3.
4.
5.
8
Growth Management - Residential growth will continue to be concentrated
in the existing built up area of the town. Commercial uses will be encouraged
within the built up area along the Main Road. Industrial growth will be
encouraged to the south, near the oil refinery along Refinery Road and south to
the Come By Chance municipal boundary.
Subdivision of Lands - Proposed subdivision of lands for residential,
commercial and industrial development will be subjected to evaluation for
conformity with the goals, objectives and policies of this Plan and the
requirements of the Development Regulations.
Development Agreements - It shall be a policy of the Town to enter into
agreements for new developments involving the subdivision and/or consolidation
of lands for development. Such agreement will be negotiated between the
developer and the Municipality for financing and development of services
provided to the site, constructed to municipal standards and consistent with the
policies of this Plan and the Development Regulations.
Building Design and Character - The Town will consider the aesthetic
character of site and building design in the approval of site plans within all land
use designations.
Non-conforming Uses - Nothing in this Plan shall affect the continuation of
a use which was legally established on the day that this Plan comes into effect.
Where a building or use exists which does not comply with the intent of the Plan
and the designated use, it shall not be substantially expanded. Minor extensions
may be approved provided there will be no adverse effects on surrounding
properties or the environment and a change from one non-conforming use to
another more acceptable use may be permitted.
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Come By Chance Municipal Plan
2001-2011
6.
Road Frontage and Access - New dwellings shall front on local roads or
provincial highways. All non-residential uses shall have direct frontage on
streets which are publicly- maintained, either by the Town or by the Department
of Works, Services and Transportation. Council shall ensure that all
development within the town has suitable road access.
7.
Public Open Space and Parks - It shall be a policy of Council that public
parks, playgrounds and conservation areas may be established in any land use
designation in the Planning Area provided that they are not located in areas
which may be hazardous to their use.
3.3.2 Residential
Residents of the Town of Come By Chance appreciate the low density, rural form of
development in the built up area of the town. Over the previous planning period, the
town has improved and upgraded its municipal water and sewer system, and can
accommodate new development on a serviced basis. The following objectives for
residential development in the town are:
0
To ensure a high quality in residential subdivision design by encouraging
comprehensive development, open space amenities and efficient road
networks.
0
To encourage new residential subdivision developments in designated
backland areas close to the built up area of the community, and in newly
serviced areas along the Main Road of the community.
0
To provide opportunities for a variety of housing forms within the
community.
1.
Residential Land Use Designation - Lands for residential development
are designated on the Future Land Use Maps. Within this land use designation
the principal house style will continue to be single detached and double
dwellings. However, other housing types such as boarding houses, mobile/mini
homes and apartments may also be permitted.
2.
Mobile/Mini Homes - Within the Residential Land use designation, mobile
homes may be sited on standard-sized lots. However, such lots shall not be
clustered, except where they may be located in an approved Mobile/Mini Home
Park or subdivision. Mobile/Mini Home Parks shall be a minimum of 1.5 hectares
in area with a minimum of 15 residential lots. Council shall implement standards
for the development of such parks and will consider factors such as site access,
parking, street layout, provision of open space, servicing and the aesthetic
character of the development.
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Come By Chance Municipal Plan
3.
Non-Residential Uses - Within the areas designated for Residential
development, non-residential service, retail, and light industrial uses may also
be permitted in the form of a home occupation. These non-residential uses
shall be compatible and complementary to the primarily residential character of
the area, and the site and service levels shall be suitable for the proposed use.
Churches, schools and small-scale agriculture may be permitted, as well as
open space recreational uses in the form of parks and playgrounds.
3.3.3 Urban Reserve
The original Municipal Plan for the Town of Come By Chance identified a number of
areas where future urban development could occur. These areas remained relatively
undeveloped over the previous planning period. This Plan retains this land use
designation as a means of meeting the following objective:
D
To identify and provide lands for the future urban development of the
community over the planning period and beyond.
The Future Land Use Map identifies the areas for future urban growth of the community
and the following policies have been adopted to implement this objective:
1.
2.
3.
4.
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Development - Lands designated Urban Reserve shall be developed in a
phased, comprehensive and economical fashion. Prior to development an
amendment to this Plan is required to designate the lands to an appropriate land
use. Until required for urban development, these lands shall be retained in a
natural state. Rural resource uses, antenna and utilities may be permitted where
such uses would not prevent future urban development.
Subdivision Plans Required - Council will require a development scheme
and detailed subdivision plans to be prepared before development can take
place.
Servicing - Lands within the Urban Reserve Land Use designation which are
proposed for development shall be designed and phased on a fully serviced
basis, with connection to the Town's piped water and sewer system.
Environmental Considerations - All development shall be sited and
carried out in a manner that provides for proper site drainage, avoids erosion at
levels below the site and disturbance of large wet areas, and does not contribute
to pollution of existing wet areas and bogs. Development on lands with slopes
greater than 15 percent shall be reviewed by an engineer or similar professional
to ensure that the development will not cause any impacts on adjoining
properties due to erosion or drainage.
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Come By Chance Municipal Plan
2001-2011
3.3.4 Mixed Development
The town of Come By Chance has no identified commercial centre. With a small
resident population, and the proximity of the town to larger commercial centres such as
Clarenville, there is limited demand for local commercial uses such stores and personal
services. However, as the community grows, there will be a need for commercial uses
which cater to the needs of local residents.
Lands fronting on and adjacent to the Main Road contain a mix of residential, limited
commercial and recreational uses. The following objectives for development in this
area are:
0
To provide opportunities for commercial development to serve the local
community
0
To integrate a mix of residential, commercial and recreational open space
development within the built up area of the community.
To implement these objectives, Council adopts the following policies:
1.
Mixed Development Land Use Designation - The area within the built
up section of the community along the Main Road, is designated on the Future
Land Use Map for Mixed Development. This area is intended to accommodate a
mix of residential, commercial and recreational uses. Residential uses in the
form of single and double dwellings, and non-residential uses such as childcare,
business and government offices and other professional service uses shall be
permitted in the Mixed Use designation. A wider range of non-residential and
higher density residential uses may also be considered appropriate, where such
uses are determined to be compatible with the existing rural - residential nature
of the community. Examples of such uses include retail and service outlets,
recreational facilities, churches and schools, tourist accommodations, medical
care and treatment facilities, theatres, agriculture, service stations, antenna,
utilities, limited industry (as home occupations) and assembly uses.
2.
Commercial Development - In considering applications for non-residential
development in the Mixed Development Land use designation, Council shall give
consideration to:
(a)
The adequacy of vehicle access and off-street parking;
(b)
Whether the development will create excessive noise or pollution;
(c)
Whether the development is compatible with adjoining dwellings. Council
may require separation from adjoining dwellings in the form of sideyards,
screening, or landscaping as a buffer, and other requirements such as
off-street parking.
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Come By Chance Municipal Plan
3.3.5 Highway Commercial
The Trans Canada Highway forms the eastern boundary of the Town of Come By
Chance. Development at the Bull Arm Construction site and its access to the highway
has provided the town with an opportunity to encourage the development of commercial
uses which would service travellers to the site or the travelling public generally. The
objective for highway commercial areas is to
1.
2.
3.
4.
12
0
Provide sites which are suitable for services to the travelling public.
Highway Commercial Land Use Designation - One site along the
Trans Canada Highway is identified on the Future Land Use Map for
development of uses catering to the travelling public. Examples of highway and
tourist commercial uses include hotels, motels, gas stations, and restaurants.
Utilities and recreational uses in the form of camping parks, may be permitted
where they are located to the rear of other highway commercial uses with
permanent structures.
Highway Function - For sites fronting on the Trans Canada Highway or its
intersections, the safety and efficiency of the Highway shall be the prime
consideration in evaluating highway commercial proposals. Except where
highway design can accommodate direct access to a site, vehicle access shall
be from an intersecting road not from the Trans Canada Highway.
Development Considerations - Council will establish guidelines and
standards to protect highway commercial uses from traffic noise where
appropriate, to separate incompatible highway and tourist commercial uses, and
to protect the visual amenity of the highway.
Trans Canada Highway - See Policy 6. Building Control Line, Section 3.4
Roads and Services.
Canning & Pitt Associates
Come By Chance Municipal Plan
2001-2011
3.3.6 Industrial
Industrial lands in the community are located south of the built up area of the town
around the oil refinery. The town supports the continued operation of the refinery, and
wishes to encourage other related industrial development adjacent to it. The following
objectives have been established for the development of industrial lands in the Town:
D
To recognize the operations on, and development potential of lands
suitable for heavy industry.
D
To ensure industrial development is conducted in an environmentally safe
and responsible manner.
The following policies shall be used to implement these objectives:
1.
Industrial Land Use Designation - Lands to the north and south of
the refinery area are designated for industrial uses. This area will be
reserved for general and light industrial uses and associated
transportation and resource extraction activities. Hazardous industrial
uses, solid waste storage, treatment and disposal in the form of recycling
plants, may also be permitted provided such uses are developed to
minimize environmental impacts on the community and other surrounding
land uses. Educational uses in the form of industrial training schools may
also be permitted in the Industrial land use designation.
2.
Non-Industrial Uses - Uses which are typically associated with or
necessary to the development of an industrial use or area are considered
acceptable in the Industrial land use designation. Such uses include an
apartment, accommodation, or office space for use by employees of the
industrial use. Other uses, such as a retail sales outlet or restaurant may
also be permitted where these uses cater to industrial area, or where the
type of use supplies products of an industrial nature.
3.
Environmental Protection - The town will continue to work with
North Atlantic Petroleum Limited to ensure that emissions and other
environmental issues are addressed, and that environmental protection
measures are implemented to reduce negative impacts on the
environment.
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3.3.7 Rural and Resource Uses
Lands not designated for other purposes are considered rural, and are primarily used
for limited forestry and aggregate extraction uses. Over the planning period, the
objectives for rural areas of the town are:
D
To provide lands for the development of natural resources
D
To encourage natural resource development in a manner which is
environmentally acceptable and compatible with the rural residential
nature of the town.
Council has adopted the following policies to implement these objectives:
1.
2.
3.
4.
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Rural Land Use Designation - Lands to be used for rural and resource
uses are shown on the Future Land Use Map. Within the Rural land use
designation, rural resource uses such as agriculture, forestry and conservation
uses will be permitted. Other uses, such as cemeteries, certain general
industries, mineral workings, recreational open space and outdoor assembly
uses, communications antennae and public utilities may also be permitted.
Industrial Activities - Industrial uses within the Rural areas identified on the
Future Land Use Map, shall be of the type related to a permitted resource use.
Other industrial uses may be permitted where it can be shown that the use
cannot reasonably be accommodated in the Industrial Land Use designation. No
warehousing or wholesale and retail sales activities shall be permitted.
Travel Trailer Park - Rural land may be used for a rural-type seasonal travel
trailer or recreational vehicle park. Such parks shall meet the requirements of
the Tourist Establishment Regulations for "trailer establishments" and may be
operated during such periods as Council shall determine, with appropriate
development standards and abandonment and site rehabilitation requirements.
Development Standards - All uses except agriculture, forestry and public
utilities shall be screened from public roads, residential and commercial areas,
and, if appropriate, from other rural uses. Resources, rural amenities and
sensitive natural environments shall be afforded protection from adverse
impacts. Accesses to roads and highways shall be limited in number and safely
located, and uses shall not be permitted which would generate truck or a high
volume of traffic through urban areas. Council may require that uses described
in this section be operated on a temporary basis and in conformity with
prescribed abandonment and site rehabilitation conditions backed by financial
guarantees.
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5.
Hydro Transmission Lines - Are identified on the Future Land Use Map.
Council will consult with Newfoundland and Labrador Hydro regarding any
proposed development within the limits shown on the Future Land Use Map east
of the Come by Chance River and within 60 metres of the existing central
transmission line (TL202) west of the River.
6.
Sunnyside Waste Disposal Site Buffer - A portion of the area
designated for Rural uses on the Future Land Use Map is located within the
Town of Sunnyside waste disposal site buffer area. Development within 1.6 km
of the Sunnyside Waste Disposal Site shall be consistent with provincial policy
established by the Department of Environment.
7.
Mineral Workings - mineral working activities shall be carried out in a
manner which minimizes disturbance to the natural environment and in
particular, protects the visual environment of public roads and areas designated
for urban uses.
Council shall establish regulations to control the location and manner in which
mineral working activities may be carried out and the degree and manner of the
restoration required after removal or permanent termination of such activities.
3.3.8 Conservation
Several sensitive environmental areas exist within the town. Land along the Come By
Chance River and around ponds identified as important for waterfowl habitat require
protection. The following objectives have been established for the protection of
sensitive lands in the Town:
0
To identify and protect areas of important fish or waterfowl habitat.
0
To prevent development in environmentally sensitive areas.
0
To encourage the use of natural areas for passive recreation and outdoor
education.
The following policies shall be used to implement these objectives:
1.
Open Space/Conservation Land Use Designation - Lands which are
environmentally sensitive or which have been identified as important for wildlife
habitat have been designated for Open Space/Conservation. Such areas are to
be left in a relatively natural state for scenic purposes, to prevent development
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Come By Chance Municipal Plan
on steep slopes, the protection of wetlands, waterfowl habitat, waterways and
coastal areas, or the need to provide buffers between potentially incompatible
land uses. Within this designation, recreation uses such as nature trails and
nature interpretation are considered acceptable uses. Nature parks, and uses
related to recreational marine uses such as wharves and docks may be
considered where such uses will not have an negative effect on the environment.
Utilities and antenna may also be permitted.
2.
Come By Chance River Nature Park - the area at the mouth of the Come
By Chance River is an important recreational area for residents and visitors. It is
also an environmentally sensitive area - the river is a Scheduled Salmon River
and the estuary has been identified as providing important habitat for waterfowl.
It is the town's intention to develop this area as a nature park, and implement
measures to control vehicle access onto sensitive lands at the mouth of the river.
3.
River Protection - Council will consult Fisheries and Oceans Canada and the
Department of Environment regarding buffer protection for any proposed
development within 100 m of the Come By Chance River and its tributaries.
3.
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Council intends that as far as possible the natural features such as topography,
beaches and sand spits, tree cover and rock formations shall be retained as a
dominant backdrop to the community and the River. The area around the River
between the hydro lines north of the community and the sand bars at the mouth
of the River are of particular importance.
Council intends to continue to liaise with the Department of Forest Resources
and Agrifoods for advice on the feasibility and effects of proposals for forestry
activity in the River Valley, and with the Department of Mines and Energy
regarding aggregate extraction proposals.
Archaeological Resources - Council shall consult with the Historic
Resources Division, Department of Tourism, Culture and Recreation before
undertaking any municipal works or considering any applications for
development within the area designated as Open Space Conservation along the
Come By Chance River.
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4.
Wetland Stewardship Agreement Area - It is the policy of this Plan to
protect areas within the town which are part of the Municipal (Wetland)
Stewardship Agreement between the Town of Come By Chance and the
Department of Forest Resources and Agrifoods. Figure 2 shows the area at the
mouth of the Come By Chance River which is included in the Wetland
Stewardship Management Area. It shall be the policy of the town to designate
the majority of lands within the Management Area (particularly on the east side
of the Come By Chance River) for open space and conservation uses.
5.
Critical Waterfowl Habitat Areas - It shall be the policy of Council to
protect from development, lands (Shown generally in Figure 2) which have been
identified by the Eastern Habitat Joint Venture as containing critical waterfowl
habitat. Council will work with the Eastern Habitat Joint Venture to develop a
management plan for these areas.
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Figure 2. I Town of Come By Chance
18
Welland Steward
EZiZ:) Management Area
-- Critical waterfowl Habitat .-
Munlclpal/Plannlng
-
111 -
Arel Boundary
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3.3.9 Watershed Protection
There are two Protected Water Supply Areas within the Town of Come By Chance
planning area. These are the watershed for the Town's supply of drinking water, and
the other, a larger area to the south which supplies water to the oil refinery. Both
sources of water are important to the town and should continue to be protected. The
following objectives have been established for the protection of these water supplies:
D
To ensure a long term supply of good quality, potable water for the town.
D
To ensure a continued supply of water for industrial uses in the town.
The following policies shall be used to implement these objectives:
1.
Watershed (Domestic) - The Town's Protected Water Supply Area is shown
on the Future Land Use Map, Within the watershed, uses which support the
conservation of the watershed and the protection of water quality will be
permitted. Non-polluting public utilities uses may be permitted, provided they do
not adversely affect the quantity and quality of water flowing into the intake
areas.
Council will monitor the water quality in the watershed and ensure that no
development is permitted which would negatively affect water quality.
2.
Watershed (Refinery) - The Refinery Protected Water Supply Area is also
identified on the Future Land Use Map. The area shall remain in its natural state,
however, rural land uses such as forestry, agriculture, mineral workings and
recreational open space may be permitted provided water quality is maintained
at levels necessary for continued use in industrial processes and potable
supplies. General industry uses shall be permitted within the Refinery
watershed, but limited to sites that front on Refinery Road.
3.
Consultation - Council will consult the Department of Environment regarding
proposed activity likely to affect or lying within the Watershed (Domestic)
areas. Council will consult with the refinery operator and any other water supply
users regarding proposals within the Watershed (Refinery) area.
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3.3.10 T'Railway Recreation Corridor
The Newfoundland Trailway Park is shown on the Future Land Use Map as a linear trail
corridor. The T'Railway passes through the protected water supply areas, and center of
the built up area of the town. It is Council's intention to encourage the development of
this section of the T'Railway for the enjoyment of residents and visitors. The following
objectives apply to development of the T'Railway Park:
1.
2.
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D
To encourage the development of the T'Railway Park as an important
feature of the Town's recreational assets
D
To ensure that development does not have a negative impact on the
attraction of the park, or the functioning of the park as a linear trail
system.
T'Railway Park - Within the trail right-of-way, uses associated with trail
improvement, natural heritage interpretation, rest stops and other facilities and
services which would enhance the function and safety of the T'Railway Park are
considered acceptable. It shall be a priority of Council to improve and maintain
the integrity of this trail, and to work with the Province and various groups and
organizations to enhance the trail network.
Protected Water Supply Area - The T'Railway Park right-of-way passes
through the town's protected water supply area. It shall be the policy of Council
to ensure that development of the T'Railway Park will not impair the quality or
quantity of water within the water supply area. Within the watershed area, no
buildings or structures will be permitted other than those associated with the
maintenance of the trail bed, or signs which notify users of the watershed area.
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2001-2011
3.4 Roads and Services
The Town of Come By Chance has a limited network of streets. The Main Road through
the town, and the Trans Canada Highway, are owned and maintained by the province.
All other streets in the community are local roads. The Town shall
D
Provide for a safe and convenient road network.
To achieve this objective, the town has adopted the following policies:
1.
Road Standards and Functions - Council will adopt road design
standards appropriate to road function, and all road development in the settled
area shall conform to the adopted standards.
2.
Municipal Street Network - The main road from the Trans Canada Highway
westwards through the settled area to the end of urban development shall be
designated as a collector street. With the exception of the Trans Canada
Highway, all other publicly maintained roads in the settled area, outside the
Industrial designation, shall be deemed local streets.
3.
Future Access Points - Council will preserve free of development the
access points and future road as shown conceptually on Map 2, in order to
ensure that lands for future development are accessible.
4.
Vehicle Access and Parking - Council will ensure that commercial and
other high-traffic- volume uses have properly designed and located vehicular
access and adequate on-site parking and loading space.
5.
Trans Canada Highway - Council will ensure that the Trans Canada
Highway remains a limited access highway. Access shall be limited to existing
intersecting roads, approved access roads related to the Industrial area and
resource development, and any private access which may be approved by the
Department of Works, Services and Transportation and the Department of
Government Services and Lands.
6.
Building Control Line - Development within the Building Control Line shown
on the Future Land Use Map shall be consistent with provincial policy for
Protected Roads.
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5.0 Implementation
The Come By Chance Municipal Plan serves as the blueprint for the community's future
development. Municipal services, regulations, and expenditures are a means to
encourage the extent and form of new development.
Successful implementation of the Plan involves:
D effective administration of the Plan,
D the adoption of annual municipal and 5-year capital works budgets,
D adoption of land use zoning, subdivision and advertisement regulations,
D preparation and adoption of development schemes,
D preparation and implementation of recommended studies, and
D a consistent procedure for considering amendments to the Plan
5.1 Administration of the Plan
For the purposes of administering this Plan, the Future Land Use Maps shall be read
in conjunction with the Goals, Objectives and Policies outlined in this document.
Where possible, land use designations coincide with roads, fence or property lines or
other prominent physical features, or as a specified offset from physical features. It is
intended that no amendment of this Plan shall be required to permit minor adjustments
to these boundaries where required.
All development approved within the Planning Area must conform with the policies of
this Plan. Council will ensure that development proposals are given a comprehensive
review, including circulation to affected public departments and agencies where
required.
All development within the Come By Chance Municipal Planning Area requires the
approval of Council. Council may refuse or approve applications, with or without condi-
tions. Decisions of Council made according to the provisions of this Plan and the
accompanying Development Regulations may be appealed to the appropriate Appeal
Board established under the Urban and Rural Planning Act.
Council may require that a Development Agreement for major land developments
within the Planning Area be agreed to and signed by the developer and Council. This
agreement shall establish the conditions under which development may proceed and
shall be binding on both parties.
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5.2 Municipal Budget and Capital Works Program
Like most businesses, the Town has a budget which directs annual expenditures.
Where and how the Town chooses to spend funds each year can have a significant
impact on the future development of Come By Chance.
A public works program will be adopted annually and implemented by Council. This will
include a three-year program of work to be undertaken as required by the Municipalities
Act.
Over the next planning period, the Town intends to undertake a limited number of
capital works projects. Those that will be undertaken include road upgrading and
development of an The following projects are seen as necessary to be undertaken
during the Planning Period. These projects consist of road improvements.
5.3 Development Regulations
Once this Municipal Plan has been adopted, Council will adopt Development
Regulations pursuant to Section 35 of the Urban and Rural Planning Act. The
Development Regulations will implement the goals, objectives and policies of the
Municipal Plan.
All land within the municipal planning area will be covered by land use zones which
provide detailed requirements such as lot size, frontage, building setbacks, and parking
standards.
5.3.1 Considerations for Rezonings
In order for consideration of any proposals for an amendment to the Development
Regulations (i.e. a rezoning), Council shall require a clear proposal to be submitted.
Such a proposal must clearly show
a)
The location of the subject property, to scale, showing lot dimensions,
area, street frontages;
b)
The means by which the site is/will be serviced;
c)
The proposed location of all driveways and parking areas;
d)
Areas which are to be landscaped and/or buffered;
e)
The proposed location of all buildings on the site.
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5.3.2 Criteria to be Considered
In its review of proposals for amendments to the Development Regulations, Council
shall consider all appropriate policies set out in this Plan and have regard for the
following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
The financial ability of the Town to absorb any costs relating to the
development;
The adequacy of municipal water and sewer services, or where on-site
services are proposed, the adequacy of the physical site conditions to
accommodate it;
The adequacy and proximity of schools, recreation and community
facilities;
The adequacy of the road network in, adjacent to, or leading to the
development;
The potential for the contamination or sedimentation of watercourses or
for erosion;
Environmental impacts such as air, water and soil pollution and noise
impacts;
Previous uses of the site which may have caused soil or groundwater
contamination;
Suitability of the site in terms of grades, soil and bedrock conditions,
location of watercourses, marshes, swamps, or bogs;
Compatibility of the development in terms of height, scale, lot coverage
and bulk with adjacent properties; and
That the proposal is in conformance with the intent of this Plan and with
the requirements of all other Town by-laws and regulations.
5.4 Development Schemes
Development Schemes may be prepared during the planning period for areas specified
in Section 3.3.3. Development schemes become part of the Municipal Plan, brought
into effect in the same way as the Plan, and approved by the Minister as established in
Section 30 of the Urban and Rural Planning Act.
5.5 Municipal Land Assembly
Municipalities are empowered by the Municipalities Act, to acquire lands for municipal
works or economic development purposes. Such projects generally entail the Town
acquiring parcels of land from private owners or other levels of government for a variety
of reasons including:
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a)
To facilitate new growth and development in an area which is actively
being revitalized or redeveloped where such land assemblies cannot by
virtue of time or money be assembled privately;
b)
To facilitate the development of municipal parks, recreation and
conservation areas;
c)
To facilitate the development of municipal parking lots;
d)
To encourage or make available lands which by virtue of ownership are
not available for development but which are necessary for logical and
contiguous growth of the community; and
e)
To facilitate redevelopment of a major non-conforming use where the
redevelopment is either a conforming use or is consistent with the
Municipal Plan.
During the planning period, Council may undertake land assembly projects and land
transactions which are consistent with the objectives of this strategy.
5.6 Amending and Reviewing the Municipal Plan
Since conditions in the Town may change during the planning period, amendments to
the Municipal Plan may be adopted by Council from time to time. Council may consider
amendments to the Municipal Plan when:
a)
There is an apparent need to change policy due to changing
circumstances,
b)
Studies have been undertaken which contain recommendations or
policies which should be incorporated into the Municipal Plan,
c)
A Provincial Land Use Policy has been released that requires a change in
policy by the Town,
d)
There is a development proposal which provides sufficient information
and rationale to support a change in the Municipal Plan.
After five years from the date on which this Plan comes into effect, Council shall review
the Plan and revise it if necessary. Revisions will take account of development which
can be foreseen during the following ten years. Amendment and review of the Plan
shall be carried out in the same manner as this Plan was brought into effect.
5.7 Professional Advice
Council may obtain its own professional advice in regard to any proposed amendment
to this Plan, Development Regulations, evaluation of development proposals should
circumstances warrant such professional advice.
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Appendix 1.
Come By Chance Municipal Plan Review
Background Report
Population and Households
The population of Come By Chance has remained stable over the planning period. In
1996, the most recent year for which data is available, the population was 300. In the
period since 1996, between five and ten building permits for new residential
construction have been issued each year.
A young population, 45% of residents in the community are under age 45. Relatively
stable employment in the region - at the fish plant in Arnold's Cove, at the oil refinery,
and in service industries in Clarenville - support the population and the formation of
new families. Building lots in the Shaheen subdivision - formerly a mobile home park,
have been converted to single family residential lots. Several new lots have recently
been created along one of the residential streets in the subdivision, but the
development is almost fully developed. Other infilling lots have been created along the
town's Main Road.
Over the planning period, new lots will be needed to accommodate growth. Based on
current development trends, as many as 50 new lots could be required over the
planning period. With the availability of servicing along the Main Road, and lands
currently designated for residential development, there is no shortage of land available
to support increased residential development in the community.
Come Bye Chance has a relatively high percentage of rental accommodation. In 1996,
there were 95 dwellings in the town, of which 15 % were rental units. Construction
employment at the Bull Arm construction site has generated demand for rental
accommodations. This demand is currently being met through the creation of
accommodations - basement apartments, board and lodging - in existing single
dwellings. It is expected that this demand will continue, although it is expected to
fluctuate with changes in employment at the fabrication yard ..
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Economic Base
Employment is expected to remain steady in the isthmus area over the planning period.
Expansion of the Transshipment terminal may occur, and the oil refinery will continue to
be a significant employer in the community. The Bull Arm fabrication yard, while not a
significant employer of long term residents of the town, does have an indirect impact of
the town's economy in the demand it creates for rental accommodation.
Fourteen percent of the population of the town are employed in resource industries -
primarily the fishery. Several inshore fishers operate out of the wharf at Come By
Chance, and a number of residents work in the fish plant at Arnold's Cove.
Commercial and Community Service Uses
Commercial outlets and service establishments are located on scattered sites along the
main road east of the community centre. Similarly, the Town Hall, outpatient clinic, post
office, new fire hall, church and community centre are also on or near the main road.
Commercial, small-scale industrial, and community service uses will continue to locate
on the main road or nearby, along with housing. There will be some demand for sites
on the Trans Canada Highway to provide highway commercial uses.
Recreational facilities have been developed in the central area of the town. A ball field
has been constructed and there are plans for an arena in the same area. The
T'Railway Provincial Park also runs through the town from north to south, intersecting
the built up area of the town. This important recreational corridor provides opportunities
for hiking, cross country skiing and snowmobiling, for residents and visitors alike. The
Plan will need to contain policies to address the presence of the T'Railway corridor and
the type of development that should be permitted along it.
Industrial Uses
The Come By Chance oil refinery is the most significant industrial use in the town. It
occupies a significant land area in the south of the town, and over the planning period
has undergone significant upgrading to improve its environmental performance and to
reduce emissions. Other small industrial uses also have located in the south of the
town near the intersection of the main road and the Trans Canada Highway. The
southern portion of the town will continue to be a significant industrial area, separated
from the built up area of the town by two protected water supply areas - one used by
the oil refinery, the other by the town.
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Come By Chance Munioipal Plan
Services
Over the previous planning period, the town has undertaken the installation of piped
water and sewer services and today, residential development in the town is completely
serviced.
The town water supply is now developed, with a local stream (between community
centre and new fire hall) and associated ponds as the water source. A storage reservoir
has been developed at the east end of the community.
Sewage collection and disposal includes an outfall outside the sandbanks at the mouth
of the Come by Chance River. This was recently upgraded to extend the outfall further
into Come By Chance Bay.
The refinery relies on an extensive watershed for its water supply. The watershed lies
between the built up area of the town and the refinery site.
Rural Area and Natural Resources
The extensive rural parts of the Planning Area lying beyond the community and the
refinery have been used for limited resource development. Limited forestry, agriculture
and aggregate extraction activities have occurred throughout the planning area over
the past decade. However, such activities are limited. One aggregate extraction site
exists in the town south of the built up area of the community.
The Come By Chance River is a scheduled salmon stream with wide sand bars at the
mouth. The valley is a scenic backdrop to the community, and recreation trails have
been developed there and along the abandoned rail line.
The area at the mouth of the Come By Chance River has also been identified as
important habitat for supporting waterfowl populations, both at the mouth of the river,
and around several ponds in the planning area. The town has signed a Wetland
Stewardship Agreement with the Department of Forest Resources and Agrifoods
agreeing to protect these areas, and a management plan has been prepared to assist
the town in preserving and enhancing and the area for waterfowl populations. The
Municipal Plan should identify these areas and include policy statements in accordance
with the Stewardship Agreement.
South of the community the more barren areas contain the refinery watershed and the
Town water supply.
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Community Survey
As part of the Plan review process, a Community Survey was conducted. The
questionnaire was mailed to all households in the town. Of the 120 households, 13
responded to the questionnaire. However, the responses indicated the following:
1.
Residents enjoy the quiet, rural atmosphere of the town.
2.
There is support for more opportunities for recreation within the town
3.
Upgrading of public streets should be a priority for Council
4.
Residents support the accommodation of workers at the Bull Arm
Construction Site in the town, primarily in existing homes, rather than in
worker accommodations
5.
Mobile homes are acceptable forms of housing, but residents want them
to be kept in good condition.
6.
Residents welcome opportunities to voice their opinions and appreciated
Council's efforts to consult them.
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