Conception Harbour Municipal Plan (effective 2014)
Conception Harbour, Newfoundland and Labrador
· adopted 2014-11-14
This is the exact embedded text of the captured official document.
Snapshot c710838f615b · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1
TOWN OF CONCEPTION HARBOUR
MUNICIPAL PLAN
2014 - 2024
Prepared By:
PLAN-TECH
ENVIRONMENT
In Effect: November 11, 2014
(Gazette date)
Consolidation: No amendments as of January 9, 2014
2
1
TABLE OF CONTENTS
1.0
INTRODUCTION .................................................................................................. 1
1.1
Forward ............................................................................................................. 1
1.2
Purpose of the Municipal Plan .......................................................................... 1
1.3
Municipal Plan Preparation ............................................................................... 2
1.4
Plan Approval.................................................................................................... 2
1.5
Plan Review and Amendment ........................................................................... 3
1.6
INTEGRATED COMMUNITY SUATAINABILITY PLAN ...................................... 3
1.7
Interpretation ..................................................................................................... 4
1.8
Conception Harbour Municipal Plan ................................................................. 5
1.9
Community Profile............................................................................................. 5
General Location and History ........................................................................... 5
Population Characteristics ................................................................................ 7
Households ....................................................................................................... 8
Economy and Labour Force .............................................................................. 9
Municipal Services ............................................................................................ 9
2.0
GOALS AND OBJECTIVES .............................................................................. 10
2.1
Community Structure ...................................................................................... 10
2.2
Residential Housing ........................................................................................ 11
2.3
Economy ......................................................................................................... 12
2.4
Recreation and Tourism.................................................................................. 12
2.5
Environment .................................................................................................... 13
2.6
Transportation ................................................................................................. 13
2.7
Municipal Finance ........................................................................................... 14
2.8
Sustainable Development ............................................................................... 14
3.0
THE LAND USE PLAN ...................................................................................... 16
3.1
General Land Use Policies ............................................................................. 16
1.
Physical Structure ........................................................................................... 16
2.
Subdivision Policies ........................................................................................ 17
3.
Subdivision Agreement ................................................................................... 17
4.
Council Assumption of Private Roads ............................................................. 17
5.
Access and Public Street ................................................................................ 18
6.
Building Setback ............................................................................................. 18
7.
Municipal and Public Utility Works and Easements ........................................ 18
8.
Infill Development in Serviced Areas .............................................................. 19
9.
Environmental Preservation and Enhancement .............................................. 19
10.
Soils and Drainage .......................................................................................... 20
11.
Protection of Watercourses and Fish Habitat ................................................. 20
2
3.2
SPECIFIC LAND USE POLICIES ................................................................... 22
3.2.1 Residential ...................................................................................................... 22
3.2.2 Mixed Development ........................................................................................ 27
3.2.3 Recreation Open Space.................................................................................. 31
3.2.4 Conservation ................................................................................................. 33
3.2.5 Rural ............................................................................................................... 34
4.0.
IMPLEMENTATION ........................................................................................... 39
4.1
Administration of the Plan ............................................................................... 39
4.2
Development Regulations ............................................................................... 40
4.3
Development Control ...................................................................................... 42
4.4
Capital Works ................................................................................................. 43
4.5
Municipal Plan Amendment Procedure ........................................................... 43
3
4
1
1.0 INTRODUCTION
1.1
Forward
This document and the maps contained with it comprise the Municipal Plan of the
Town of Conception Harbour. The maps show the Planning Area divided into
various land use districts. Within each district only certain kinds of development
may take place. The document presents statements regarding the kinds of
development that may take place in each land use district. It also provides more
general statements about other aspects of development that apply throughout the
entire Municipal Planning Area. The Municipal Plan is a legal document and is
binding upon Council and any person or group using or proposing to use land
anywhere within the Planning Area. All new development must conform to the Plan
from the date it becomes legally effective.
1.2 Purpose of the Municipal Plan
A Municipal Plan guides growth and development within a Municipal Planning Area.
It provides a means of preventing the kind of problems that occur when
incompatible land uses take place in close proximity to each other. It directs future
growth so that it occurs in a manner in which municipal services and land resources
are used most efficiently, thus preventing unnecessary increases in servicing costs
that would result if development became needlessly spread out. It also ensures that
aspects of land development like safety, aesthetics and environmental protection
are given proper consideration. The aim of planning is to protect and enhance the
qualities of the Planning Area that make it a healthy, prosperous and pleasant place
in which to live and work.
2
1.3 Municipal Plan Preparation
This Municipal Plan review has been prepared in accordance with the requirements
of the Urban and Rural Planning Act, following surveys and studies of land use,
population growth, the local economy, present and future transportation and
communication needs, public services, social services, and other relevant factors.
Because of the time frame since the first Municipal Plan, this Plan has been
reviewed in its entirety.
The Plan outlines the goals, objectives and policies of Council regarding the
development of the Municipal Planning Area over the next ten years.
1.4 Plan Approval
For the Plan to gain full legal effect, Council must hold public consultation with area
residents and concerned groups and individuals to allow for public input into the
planning process. After this consultation Council must approve the draft Municipal
Plan and submit the Plan to the Engineering and Land Use Planning Division,
Department of Municipal Affairs for review to ensure the Plan policies conform to
provincial policies.
Once the plan is released by the Department of Municipal Affairs, Council shall
appoint a qualified Commissioner to conduct a formal public hearing to consider
objections and representations from the public either opposing or in favour of the
Municipal Plan. The Plan in its entirety shall be placed on display for a two week
period for public viewing. If written objections to the Plan are received a public
hearing maybe held and the Commissioner shall conduct the hearing. The
3
Commissioner will formally report his findings to Council as a result of the public
hearing. Council may adopt the report in whole, in part, or reject the report in its
entirety. Council can then formerly approve the Municipal Plan and apply to the
Department of Municipal Affairs for registration. A notice will then appear in the
Newfoundland and Labrador Gazette and a local newspaper advising the public of
Council=s intent. Once this notice has been published in the Gazette, the Plan is
legally binding on Council and any person or party proposing to develop, or to
change the use of land, anywhere within the Planning Area.
1.5 Plan Review and Amendment
Every five years from the date on which it first comes into effect, Council is required
to initiate a review of the Plan. Where necessary, changes may then be made to
account for any new policies or land use requirements for the next ten years. The
Plan may otherwise be amended at any other time, in whole or in part. Any such
amendment will be read together with, and become part of; the Municipal Plan and
so must not conflict with any other of its policies. If circumstances do not permit a
Plan Review to be undertaken within the prescribed time, the current Municipal
Plan, and any amendments that had been made to it, will remain in effect until a
Plan Review is completed and fully approved.
1.6
INTEGRATED COMMUNITY SUATAINABILITY PLAN
The Town of Conception Harbour Integrated Community Sustainability Plan (ICSP)
is a long-term plan to provide direction to the Town to achieve sustainability
objectives. The Conception Harbour Municipal Plan supports the requirement for an
ICSP under the Local Government Gas Tax Agreement between the Towns and the
Province. It is developed in consultation with community members and provides
4
direction for the Town to achieve sustainability objectives for the environmental,
economic, social, cultural, and governance pillars.
The Conception Harbour Municipal Plan, 2014-2024, along with the Northeast
Avalon Regional Economic Development Board Strategic Plan (2008-2011)
contributes to the Town's ICSP objectives.
1.7
Interpretation
The following sections and the Future Land Use Maps constitute the legally effective
parts of the Conception Harbour Municipal Plan. In this Municipal Plan:
"Council" shall mean the Council of the Town of Conception Harbour.
"Development Regulations" shall mean the Conception Harbour Land Use
Zoning, Subdivision and Advertisement Regulations.
"Municipal Planning Area" shall mean the Conception Harbour Municipal
Planning Area.
"Town" shall mean the Town of Conception Harbour.
The boundaries between the different land use designations 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.
Nothing in the Plan shall affect the continuance of land uses which are lawfully
established on the date that this Plan comes into effect.
5
1.8
Conception Harbour Municipal Plan
The Town of Conception Harbour was incorporated in 1972. The previous Town of
Conception Harbour Municipal Plan was in effect in 1999 and was for a 10 year
period. This new Municipal Plan updates the preceding one to accommodate
various changes to the development within the Town and to incorporate new
policies and regulations as deemed necessary by the Town Council and from input
received from public consultation.
1.9
Community Profile
General Location and History
The Town of Conception Harbour, located between Colliers and Avondale on the
Admiral's Coast, was incorporated in 1972. Containing an area of 2,162 km2,
Conception Harbour is a small rural community with spectacular scenery and ocean
view, particularly along Bacon Cove. The Town has experienced a steady decrease
in population since the 1990's. In 2011, the population of Conception Harbour was
697 a decrease of 6.2% from 2006.
The Town includes the areas known as Bacon Cove and Kitchuses (believed to be
the first settled parts of the Town), which has a number of points of interest. Bacon
Cove has a site that is of great interest to geologists. The unconformity between late
Proterozoic and Cambrian rocks is not often exposed. A particularly good example
may be seen in Bacon Cove, where the gap in the rock record represents an
interval of about 100 million years. Glaciation provided the latest cycle of erosion,
exposing the surfaces that can be seen today. Modern weathering and erosion by
waves are continuing to crack off blocks from the shore ledges.
6
St. Anne's Church is one of the oldest in the area. The sheltered and scenic harbour
has many shipwrecks and one of the Province's last whaling wrecks can be seen
partially above the water line. The many underwater wrecks make the harbour a
popular site for kayaking and scuba diving. There is also a hiking trail, a natural
waterfall, and picnic area.
The Trahey Property, a collection of buildings in the community, forms a rare intact
example of the type of structures used in the domestic economy of rural
Newfoundland during the 19th and 20th centuries. It includes a house, stable,
carriage house/workshop, store, fencing, gate, gardens and rock-lined root cellar
that accommodated the agricultural and fishing activities typical of the families in
Conception Harbour until the mid-20th century. The property has been in the Trahey
family name since before 1800. The dwelling house was constructed in about 1914-
1915.
Conception Harbour is known as the home of ironworkers who built skyscrapers,
bridges and other "high steel" structures throughout North America beginning in the
early 1900s. Well known Newfoundland actors Mary Walsh and Rick Boland have
developed a musical production and play that tells the story of three generations of
ironworkers in the Costello family from Conception Harbour.
Conception Harbour is also the home of Corporal Jamie Murphy, one of the first
Canadian soldiers killed in Afghanistan in January, 2004, by a suicide bomber while
patrolling the streets in Kabul. On Remembrance Day, July 1, 2007, the community
unveiled a monument overlooking the Town to his memory. A portrait of Jamie
Murphy and the words Lest We Forget are engraved in the grey marble of
monument.
7
Population Characteristics
At the time of writing, only the 2011 population figures were available. Statistics
reflecting age characteristics, work force and economy will use the 2006 population
profiles.
The age characteristics of the community indicate the majority of residents are
between the ages of 40 and 69 years old. New residential development in the
community may contribute to future growth of young families moving into the
community.
The 1999 Municipal Plan stated that despite the steady decline in population,
decreasing household size and Council's expectation that residents will be building
new homes in order to upgrade family accommodation. Therefore, it is predicted
that a small increase in the number of dwellings is projected over the next 10 years.
The role of the Municipal Plan is to designate sufficient land to accommodate future
residential development. Council is also experiencing conversion of dwellings into
summer homes or cottages, mainly due to the scenic attraction of the area.
Year
Population
% Change
1996
888
- 2.1%
2001
801
-9.8
2006
743
-7,2%
2011
697
-6.2%
8
Households
The number of private residential dwellings within the Town has remained
unchanged in 2006 with 325 dwellings. While the number of dwellings has
remained relatively constant, the population has decreased by 125 people over the
same 10 year period. The average household size in the Town is 2.08 persons per
dwelling (based on a total of approximately 325 dwelling units). This is down slightly
from 2.8 persons per household in 2001, and compares with an average
Newfoundland household size of 2.6, and a national average of 2.66 persons per
dwelling for 2001. The predominant housing type in the Town remains the single
family detached dwelling, some dwelling have subsidiary apartments. Approximately
10 newer residential developments have been developed in the past five years.
Town of Conception Harbour
Selected Household Characteristics
Total
Total private households usually occupied by owner
290
Households containing a couple (married or common-law) with children
95
Households containing a couple (married or common-law) without children
75
One-person households
75
Other household types
40
Average household size
2.6
Median income in 2005 - All private households
$47,002
Median monthly payments for rented dwellings
$606
Median monthly payments for owner-occupied dwellings
$381
9
Economy and Labour Force
In 2001, the employable workforce of Conception Harbour numbered 325 people.
This figure decreased to 290 in 2006, of which the majority worked outside of Town
and in St. John's Urban Region. In Conception Harbour, the work force is
associated with the primary industries associated with wood harvesting.
Associated industries in the wood harvesting also contribute to the work force such
as transportation and equipment. Table 3 shows the types of occupations in which
these people worked.
Municipal Services
The Town has a water servicing program in the developed areas of the community.
At present, houses in the core of the community are serviced. The domestic water
supply source is Norah Pond, which is designated as a protected watershed by the
Department of Environment and Conservation. However, Town water is supplied by
Town of Conception Harbour
Employment by Occupation, 2006
Industry
No. of
Employees
Total experienced labour force 15 years and over
325
Agriculture and other Resource Based Industries
45
Manufacturing and Construction
100
Wholesale and Retail
20
Finance and Real Estate
10
Health Care and Social Services
40
Educational and Business Services
50
Other Services
60
10
five (5) drilled wells at Cemetery Road Well, Healey's Pond Road Well, Lower
Bacon Cove Well, Upper Bacon Cove Well and Old Road Well.
Water Supply Wells and Protection
In order to protect water quality, a 100 metre radius no development buffer zone
shall be established around the four wellheads located at Cemetery Road Well;
Healey's Pond Road Well; Lower Bacon Cove Well and Upper Bacon Cove Well as
designated on the Future Land Use Map. A referral shall be required to the Water
Management Resources Division, Department of Environment and Conservation,
for any development proposal within the 100 metre radius of the wellhead buffers.
2.0 GOALS AND OBJECTIVES
Goals represent desired states or conditions which the town would like to attain over the
long-term and provide a foundation upon which the Plan's objectives and policies are
based. The following are goals of the Conception Harbour Municipal Plan.
2.1 Community Structure
Goals:
Promote residential development at a density consistent with the rural character
of the area.
To encourage structured growth for Conception Harbour that will ensure orderly
development between land uses.
Protect and enhance the physical and social well-being of all residents and
ensure the town remains a pleasant place in which to live, work and visit.
11
Maximize the efficiency and cost effectiveness of municipal services.
Objectives:
Allocate land for development which will promote the efficient and orderly
expansion of compatible land use activities.
Ensure all development takes place in a logical sequence, and to best utilize the
financial resources and land base of the Planning Area.
Maintain safe and efficient movement of traffic along the Planning Area's road
and highway network.
Encourage infill development within existing serviced areas.
Avoid extending services to areas where the cost to do so would be exorbitant.
2.2
Residential Housing
Goal:
To provide for an adequate quality, quantity and mix of housing to serve the
needs of the present and future population.
Ensure that land uses are properly allocated so that conflicts between non-
compatible uses are avoided.
Objectives:
Provide appropriate buffer zones between residential and non-residential areas
(i.e. commercial, industrial).
Prevent development in residential areas which are incompatible with residential
uses.
12
2.3
Economy
Goal:
To encourage diversified and balanced economic growth and promote the
development and diversify the local employment base.
Objectives:
Encourage diversification of the local economy through the attraction of new
businesses and the support of local entrepreneurship.
Support the development of facilities and attractions which will promote the
tourism industry within the community such as historic sites, visitor information
centres, and outdoor recreation sites.
Promote the attractiveness of Conception Harbour as a place to live, drawing
upon its scenic beauty, amenities, and geographic location.
2.4
Recreation and Tourism
Goal:
To provide recreation facilities and develop new facilities to accommodate
recreational and social needs for all age groups within the Town.
Objectives:
Encourage public participation in the planning of recreational open space lands and
encourage events such as festivals, sporting events, and other attractions.
Develop public recreational areas and facilities in feasible locations which will
service the maximum number of residents of the Town.
Promote the Town as a tourist attraction and encourage travelers to visit Conception
Harbour.
13
2.5
Environment
Goal:
Preserve, sustain and enhance the natural environment and scenic quality of the
Planning Area for its aesthetic, recreational and resource values.
Objectives:
Prevent development in environmentally sensitive areas such as shoreline and
waterways, steep slopes, drainage areas and bogs.
Council shall ensure a regular maintenance standard is employed for municipal
owned properties such as the Town Hall and Fire Station.
Council shall encourage local residents to take pride in their property and keep them
clean and free of refuse and the Town shall also encourage the greening of the
Town.
2.6
Transportation
Goals:
Ensure that the local transportation system adequately and safely provides
access throughout the Planning Area.
Objectives:
Ensure that new roads are constructed to Town standards and to reduce the
number of dead-end roads.
To improve local roads on a yearly and priority basis in accordance to the
Town=s financial capability and Capital Works program.
14
2.7
Municipal Finance
Goal:
To manage municipal expenditures and revenues to provide municipal services
within a framework of long-term financial stability.
Objectives:
Manage the municipal debt load with consideration being given to expenditures
over the long term.
Encourage an enlarged economic base to generate more revenues.
2.8
Sustainable Development
Goal
To encourage the preservation of natural resources and to promote the
development of sustainable development activities.
Objectives:
To encourage the use of natural resources like wind and solar energy as alternative
sources of renewable energy.
To promote the development of industries that use clean renewable sources of
energy.
15
2.9 Governance
Goal
To provide municipal administration and services effectively, efficiently, and
equitably to all residents, in consultation with the Town's ICSP and within
the fiscal capacity of the Town.
To collaborate with other municipalities in the Region, government,
community organizations, and the business community to facilitate
opportunities to improve local governance and municipal services.
Objectives:
To encourage strong public interest and participation in municipal governing
processes, including Council elections, committee activities, and public
participation in decision-making.
To deliver municipal administration and services effectively, efficiently,
openly, and within the Town's fiscal capacity.
To ensure the Town is governed in compliance with relevant legislation such
as the Municipalities Act and the Urban and Rural Planning Act, 2000.
16
3.0 THE LAND USE PLAN
The following policies with accompanying Future Land Use Maps constitute the land use
component of the Conception Harbour Municipal Plan, 2014-2024. Included are all
policies which are seen as necessary by Council to ensure that the physical development
of Conception Harbour is undertaken in an efficient and economic manner during the ten-
year (2014-2024) life of this municipal plan. The Land Use Plan is meant to complement
the Goals and Objectives outlined in Section 2.0.
3.1
General Land Use Policies
The following policies can be categorized as general in scope in that they can be
applied to more than one land use and to different sections of the Town of
Conception Harbour. They are therefore presented as a separate section of this
Land Use Plan.
1.
Physical Structure
Land uses will be allocated in accordance with the Future Land Use Map attached
to this text. Development within the Planning Area will be managed in accordance
with the regulations of Council, in compliance with the policies, acts, and regulations
of the Province of Newfoundland and Labrador.
Nothing in the Plan shall affect the continuation of a use which was legally
established on the day that this Plan is registered by the Minister of Municipal
Affairs. Where a building or use exists which does not comply with the intent of the
Plan and the designated use, then it shall not be permitted to expand substantially.
Minor extensions of such properties may be approved provided there will be no
17
adverse effects on surrounding properties or the environment.
2.
Subdivision Policies
All proposed subdivision developments will be subject to a comprehensive
evaluation by Council. The content of this evaluation will be detailed in the
Conception Harbour Development Regulations and shall include:
analysis of all physical features of the site and the opportunities and
constraints to development that they represent. Where possible, the layout
of proposed lots and roads shall conform to the topography;
analysis of how the proposed subdivision will integrate with existing
development, roads, municipal services, adjacent lands, and provide for
future access to undeveloped lands in the area; and
ensure compatibility between the subdivision and surrounding land uses,
both existing and future;
3.
Subdivision Agreement
As a condition of approval, Council may require the developer to enter into a
subdivision agreement with the Town.
4.
Council Assumption of Private Roads
New subdivision streets shall be constructed and upgraded to the Town's standard
before Council shall assume ownership and responsibility for future maintenance.
18
5.
Access and Public Street
All development must front on a publicly maintained street, unless otherwise
specified in this Plan.
6.
Building Setback
Adequate building setback from roads shall be required in order to maintain road
standards. Setbacks should be sufficient to allow for landscaping of front yards,
vehicle off-street parking and not interfere with the abilities of the Town's snow
clearing program. In certain circumstances where topography restricts the
development of a lot, a larger setback may be permitted to accommodate the
development.
7.
Municipal and Public Utility Works and Easements
Municipal and public utility works such as electrical power, telephone, and pollution
control facilities may be permitted in all land-use designations provided that no
adverse effect on adjacent land uses or the environment is created. Buffering,
where appropriate shall be provided in the form of a suitably landscaped area
between any such works and adjacent land uses.
Where land is required for utility easements or emergency access, such land may
be obtained for the appropriate agency (e.g. Newfoundland Power and/or Nalcor
Energy) in the course of approving subdivision or other development applications.
19
8.
Infill Development in Serviced Areas
Council will encourage infill development in areas that are accessible to water
services. This can occur through infilling along existing roads and the development
of new streets and street extensions.
Site plans for infill development must be approved by Council. Development must
be compatible with the existing neighbourhood character and in accordance with
Council's objectives and development standards with respect to lot size, frontages,
road widening, alignments, installation of services, environmental protection, and
retention of open space.
9.
Environmental Preservation and Enhancement
Council will place high importance on environmental preservation and
enhancement, given its importance to residents and to Council's intention of
enhancing the local environment and developing a tourism industry.
Natural Environment
The policy of preserving the natural environment will be extended to all natural
systems within the Planning Area, including natural drainage systems, wetlands,
bogs, wildlife, plant and fish habitats. The preservation of watercourses and
shoreline areas will be a priority within the Planning Area.
Development proposals shall include plans for grading, ditching, and landscaping.
Significant alterations to the natural environment (such as changing the drainage
pattern or removing vegetation) will be considered during the evaluation of
20
development proposals. Alterations which will adversely affect adjacent property
shall not be permitted.
Built Environment
Council shall encourage partnerships and initiatives aimed at changing
environmental attitudes, awareness and promoting projects which will enhance the
built environment. Examples will include the following:
preservation of trees on sites for new development (ie, to discourage the
traditional practise of clearing development sites of all trees and vegetation);
development and expansion of recreation lands; and
encourage the reduction and recycling of solid waste within the Town.
10.
Soils and Drainage
Development shall only be permitted on lands having soil and drainage conditions
that are suitable to permit the proper siting and development of the proposed uses
and any onsite services.
11.
Protection of Watercourses and Fish Habitat
Rivers, streams, ponds, and shorelines shall be protected from pollution and
development. The existing vegetation shall be maintained along banks and
shorelines where possible. No development shall be permitted within 15 metres of
a watercourse without approval from the Departments of Environment and
Conservation and, if fish habitat is affected, from Fisheries and Oceans Canada.
Council shall encourage the preservation and protection of sensitive wetlands that
21
are valuable wetlands for controlling flooding; habitats for waterfowl or have
important aesthetics value to the surrounding areas. Any development proposal
within sensitive wetlands areas shall be referred to the Department of Environment
and Conservation, Water Resources Management Division, for comment.
12.
Backlot Development
Backlot development may be permitted at the discretion of Council in developed
areas behind existing dwellings where vacant parcels of land exist which are of
sufficient size for a building lot, but which do not have the required frontage on a
publicly maintained street. In such cases, the following requirements shall be met:
The site is located in an area designated for Residential development in the
Conception Harbour Development Regulations.
Approval for on-site water supply and sewage disposal must be obtained
from Council and the Service NL.
The development of the lot does not prejudice the use of adjoining backland.
Where there is potential for additional development in the area, the lot and
access shall be developed in a manner which will accommodate future
development. In such cases, access to the public street must be of sufficient
width (15 metres) to accommodate future public use.
Where there is no potential for additional development, the access road shall
be treated as a private driveway and only one backlot development shall be
permitted.
Council shall be satisfied that the backlot development will not detract or
restrict other types of development on adjacent lands.
22
Approval of any backlot development shall not affect the legal conformity of
any existing lots.
To ensure that Council can meet its responsibility for public safety and
emergency access, the dwelling on a backlot shall be a minimum of 32
metres and a maximum of 100 metres from a public street.
Standards for backlot development shall be established in the Conception
Harbour Development Regulations.
3.2
SPECIFIC LAND USE POLICIES
The lands within the Conception Harbour municipal planning area shall be managed
according to the designations shown on Future Land Use Maps 1 and 2 and the
policies of this Municipal Plan.
Future Land Use Maps 1 and 2, divide the Planning Area into the following
designations:
Residential
Mixed Development
Recreation
Conservation
Rural
3.2.1 Residential
The purpose of the Residential designation is to preserve the amenity and character
of existing residential areas and to reserve lands for future residential use
throughout the Planning Area.
23
Dwellings are scattered throughout the Planning Area. Dense residential areas are
located near Conception Bay Highway along Church Road, Kitchuses Road, Bacon
Cove Road, Old Road, Healey's Pond Road and Silver Springs Road.
Limited infill opportunities exist in the older part of town. Council wishes to
encourage a compact development pattern in order to minimize the cost of the
provision of municipal services such as garbage collection and snow clearing as
well as the future installation of water lines.
Policies:
1.
Land Uses
On land designated as Residential, single-family detached dwellings and recreation
uses shall be permitted. Marine uses associated with the fishing industry and
located in close proximity to the sea shore may also be permitted. Complementary
uses such as double dwelling, row dwelling, apartment building, child care, office,
home office, boarding house residential (bed and breakfast), personal and
professional services, convenience store, light industry, place of worship,
educational or a small scale business use as part of a residence may be permitted
throughout the area under the discretion of the Council.
Council shall consider the impact of the bulk and scale of proposed uses in
residential designations to ensure that development does not adversely affect the
residential character and amenity of the area; provision of adequate space for on
site parking, loading, and buffering is provided; and the primary use of the lot
remains residential. A compatible use will occupy only a minor part of the floor area
of the dwelling.
All new development and all new lots created shall have direct frontage onto a
24
publicly-maintained road or in the case of a new subdivision shall have frontage on
a road being constructed under the terms of a development permit issued by
Council.
2.
Recreation Uses
Compatible recreation uses such as children's playgrounds and tot lots may be
located within Residential areas provided that adequate screening from nearby
properties is provided, and safe setback distances from the roads can be obtained.
3.
Medical Treatment and Special Care
Medical Treatment and Special Care shall be limited to only homes for the aged.
Development, in the form of a residence for seniors, may be permitted, provided
that adequate pedestrian and vehicular access and parking can be provided. The
size and scale of the development shall be reviewed by the Council in any decision
to permit this form of development within a residential area.
4.
Bed-and-Breakfast
Bed-and-breakfast operations must clearly be subsidiary to the residential use and
must not adversely affect the residential quality of the area through excessive traffic,
noise, or parking of an excessive number of vehicles.
5.
Office Use
Home office use shall be limited to a home based business which may be permitted
if contained inside the residence, is clearly subsidiary to the residential use, and
there shall be no open storage of materials, equipment or products, and do not
25
adversely affect the residential quality of the area through increased traffic, noise,
unsightly premises, and similar considerations.
6.
Childcare
Family Childcare uses may operate within a family dwelling as a home based
business or as a standalone Group or Family Childcare facility. Such uses must not
adversely affect the residential quality of an area through excessive traffic, noise, or
similar considerations that may be associated with the business. Any Group or
Family Childcare business shall operated in accordance with provincial Child Care
Services Act and all applicable Provincial Regulations.
7.
Convenience Store
Within the Residential designated lands, new convenience stores may be permitted
as a subsidiary use to a residential dwelling or as a separate structure on its own lot.
Council shall encourage the even distribution of convenience stores in appropriate
areas throughout the Town. Development standards shall ensure that the size of
the convenience store is limited so that it will not interfere with neighbouring
residential uses.
Council shall consider access to the site; amount of parking to be provided; any
adverse impacts upon adjoining neighbours, and effects of the business on traffic
flow when reviewing applications for a new or expanded convenience store.
8.
Residential Subdivisions
In order to ensure efficient use of land and future provision of services, avoid a
26
proliferation of individual cul-de-sacs that are costly to service, and ensure that
development is properly located so as not to interfere with optimal future
development of adjacent lands, subdivision proposals shall be considered only if
they conform to an area concept plan, proposal to subdivide property into building
lots, that has been approved by Council (See Policy 9: Subdivision Development
Plans).
Building permits shall not be issued unless a road agreement has been reached
between the Town and the developer. Services (roads, storm drainage, etc.) will
normally be installed at the expense of the developer.
Subdivision Plans, engineering site plans, and building designs must meet the
approval of Council. Lot layouts and the sighting of buildings shall follow
development standards as outlined in the Town's Development Regulations.
9.
Subdivision Development Plans
Subdivision development plans shall address specific proposals for development of
a site in a relatively short time frame. The subdivision plan shall be detailed and
shall address needs pertinent to development of the site, including:
Conformity to the goals, objectives, and policies of this Municipal Plan;
Conformity to an area concept plan as approved by Council, which accounts
for the development of lands abutting the site;
A description of the subject lands;
Consideration of land ownership as it will affect the layout of streets and the
optimal use of land and municipal services;
Access to the site from existing roads and internal road layout;
Extension and development of municipal piped services for new subdivision;
Demonstration the long-term viability of any proposed on-site servicing
system through soil analysis and other appropriate site evaluation. A site
assessment in this regard that has been carried out as part of a area concept
27
plan may suffice if Council is satisfied that it accurately depicts the conditions
of the proposed subdivision site;
Phasing scheme;
Provision for lotting;
Provision for 10% recreation lands or alternative measures if requested by
Council;
Adherence to the Town's engineering development standards for streets
designs, grades, storm drainage, building lines, accesses, landscaping,
buffers, development standards for each lot, etc.;
Other information that Council may require.
10.
Open Space Requirements
The provision for open space within a residential subdivision development shall be
the responsibility of the developers and if required, shall dedicate a maximum of 10
percent of suitable land in new residential areas for recreational open space.
Alternatively, Council may require the developer to pay a sum of money equal to 10
percent of the assessed value of the area of land prior to commencement of the
development of the subdivision.
11.
Transportation and Marine Uses
Transportation, marine or ocean related uses such as wharfs, slipways, boathouse,
etc. may be permitted at the discretion of Council. Development occurring within
the limits of the shoreline reservation shall also require approval the Department of
Environment and Conservation, Crown Lands Administration Division.
3.2.2 Mixed Development
In Conception Harbour, commercial establishments, including a number of existing
dwellings, front onto the Conception Bay Highway. Public buildings such as the
church, the fire hall and town office are located on Corporal Jamie Murphy Drive as
28
well as a large number of dwellings. In order to recognize this mixture of residential,
institutional, commercial and home based business uses, Council shall designate
land along the Conception Bay Highway and Corporal Jamie Murphy Drive as Mixed
Development. In the Mixed Development Future Land Use designation, Council
intends to encourage further commercial development. Businesses meeting the
convenience needs of residents as well as businesses requiring a central location
and good road access may be permitted. All types of dwellings shall be permitted.
Public uses, such as churches and community halls, may be permitted.
Council will encourage the development of tourism attractions and related uses
representing Conception Harbour's history and marine environment in the Mixed
Development designation.
Polices:
1.
Land Uses
Within the Mixed Development area, permitted uses shall include single dwellings,
double dwellings, recreation and conservation.
Other uses may be permitted such as row dwelling, apartment building, boarding
house residential, place of worship, educational, cultural and civic, general
assembly, passenger assembly, club and lodge, catering, funeral home, child care,
indoor assembly, outdoor assembly, medical & professional, office, office, personal
service, general service, communications, taxi stand, police station, medical
treatment and special care (home for the aged only), take-out food service, shop,
service station, convenience store, general industry, light industry, transportation
and marine uses and antenna may be permitted throughout the area under the
discretion of the Council provided they are compatible with the residential character
of the area and do not cause a nuisance by virtue of excessive noise, dust, odour,
increased traffic or hours of operation.
29
2. Site Plans
The Council may require developers to provide a comprehensive site plan for any
proposed developments, indicating building locations, delivery areas, parking
spaces, accesses, landscaping and buffer areas, and where other development
components are to be located. In assessing proposals, Council will be primarily
concerned with aesthetic factors, scale and conformity with the desired character of
the area, and compatibility with other land uses in the vicinity, in particular any
residential development.
3.
Adverse effects
Adverse effects of any proposed development on adjacent residential uses shall be
prevented or minimized through proper site layout, scale of development, and
buffering. The type of buffer that may be required is subject to the site specifics of
the particular proposed development.
4.
Access to Street
Access points to the public street shall be limited in number and properly designed,
in order to keep the street safe and efficient for both vehicles and pedestrians.
5.
Parking
Adequate off-street parking and loading facilities shall be provided for any non
residential development.
30
6.
Office Use and Other Home Based Businesses
Office use and other home based businesses may be permitted. The office use, if
located within the home, shall be subsidiary to the residential use. The office and
business uses may be located in an accessory building on the same lot as the
residence. There shall be no open storage of materials, equipment or products, and
the use does not adversely affect the residential quality of the area through
increased traffic, noise, unsightly premises, and similar considerations. Provisions
for parking shall meet the standards as prescribed by Council. Provisions for other
home based business are outlined in the Town's Development Regulations.
7.
Boarding House Residential
Boarding House Residential uses such as Bed-and-breakfast operations must not
adversely affect the residential quality of the area through excessive traffic, noise, or
parking of an excessive number of vehicles.
8.
Medical Treatment and Special Care
Medical Treatment and Special Care shall be limited to only homes for the aged in
the form of residence for seniors may be permitted, provided that adequate
pedestrian and vehicular access and parking can be provided. The size and scale of
the development shall be reviewed by the Council in any decision to permit this form
of development within a residential area.
9.
Childcare
Group or Family Childcare use must not adversely affect the residential quality of an
area through excessive traffic, noise, or similar considerations that may be
associated with the business. Group or Family Childcare business shall operate in
accordance with provincial Child Care Services Act and all applicable Regulations.
31
10.
General Services and Light Industrial Uses
General services uses and light industrial uses shall be small scale uses such as
small workshops, fabrication and warehouses. The use shall be carried out in a
separate building from any residence. There shall be no outdoor storage of
equipment or materials. Activities associated with the use are not hazardous and
do not create a nuisance by reason of noticeable noise, odour, dust or flames, or
result in electrical interference.
11.
Transportation and Marine Uses
Transportation, marine or ocean related uses such as wharfs, slipways, boathouse,
etc. may be permitted at the discretion of Council. Development occurring within
these limits shall also require approval the Department of Environment and
Conservation, Crown Lands Administration Division.
3.2.3 Recreation Open Space
The intent of the Plan is to designated lands used for active and passive
recreational needs of Conception Harbour residents and visitors.
Policies:
1.
Land Uses
Permitted uses include parklands, sports fields and playgrounds, linear trail systems
and walking/hiking trails are permitted. Permitted recreational facilities shall include
indoor and organized facilities with such uses as recreation centre and outdoor
facilities such as sports fields, open concert/stage areas, and day use parks. Other
permitted uses may include office in association with a permitted use, amusement,
such as youth centre, and personal service such as a gymnasium.
2.
Effects Surrounding Property
Development and operation of recreational facilities shall not impose adverse
32
effects on adjacent residential and other uses in terms of noise, traffic and hours of
operation.
3.
Recreation Uses
Additional recreational facilities shall be provided in areas where they are needed
and when the Town's financial resources permit. Since most of the regional and
local recreational facilities are less accessible to the older age groups, the provision
of additional facilities will give special consideration to these groups.
4.
Trail Development
The development of passive recreation facilities such as walking or nature trails,
and associated interpretation programs may be permitted provided they will not
have an adverse impact on the natural environment and residential properties.
3.2.4 Conservation
Land designated as Conservation uses are intended to protect certain lands within
the Town which by reason of their intrinsic character, are sensitive, vulnerable, or
ecologically significant, or have natural or recreation values. They include wetlands,
watercourses, bodies of water, shoreline frontages, steep cliffs, as well as, open
natural spaces such as woodlands, green belts, buffers, natural trails, areas of
scenic attraction for public enjoyment, etc.
33
Conservation Policies:
1.
Land Uses
The Conservation designation shall protect and conserve environmentally
sensitive and important lands from adverse development. No permanent
buildings or structures shall be permitted on lands designated for
Conservation uses, except those necessary for environmental protection
(e.g., for erosion control).
The permitted uses shall include recreation and open space. Other
compatible uses that may be permitted include agriculture, forestry,
transportation and antenna.
2.
Conservation Buffer Waterbodies
Along the shoreline of all water bodies and water ways, a conservation buffer area
shall be established which includes all land within 15 metres of the high water mark
along shoreline. Proposed developments affecting water bodies or watercourses,
such as stream crossings, watercourse alterations, and other public works, may be
permitted in limited circumstances where it can be demonstrated the proposed use
will have a minimal adverse impact. The number and size of such activities shall be
limited in numbers. Any such proposed development shall be referred for review
and approval to the Department of Environment and Conservation, and the
Department of Fisheries and Oceans, and any other relevant agencies before
Council issues any permits for development.
3.
Trail Development
34
The development of passive recreation uses such as walking or nature trails, and
associated interpretation programs may be permitted provided they will not have an
adverse impact on the natural environment.
4.
Preservation of Natural landscape
It is also essential that all the visual amenities and undevelopable areas such as the
shoreline, rivers, brooks, streams, flood plains, steep slopes, and rock outcrops are
preserved and retained in their natural state. This can add to the open space
system and complement the rural development patterns. Areas of scenic attraction
and with recreational potential shall be preserved and protected.
5.
Excessive Slope
Extensive areas of land having slopes in excess of 15 percent are designated
Conservation. Development is not considered feasible on such slopes because of
excessive runoff and erosion and high costs to install and maintain services, and
risk to public safety.
3.2.5 Rural
The Rural area of Conception Harbour contains natural resources that have
significant economic and recreational value to the Town. Deposits of aggregate,
timber stands and land are the principle resources of importance in addition to the
significant recreational and economic value. The Rural area also provides a large
35
resource area for passive recreational activities such as snowmobiling and hunting.
The Municipal Plan also protects Norah Pond as a future source of drinking water.
Council wishes to restrict development close to Norah Pond in order to avoid
contamination.
No development shall be permitted within this designation except those associated
with agriculture, forestry, outdoor recreation, resource conservation or other uses as
may be outlined in this Plan.
Uses that that are environmentally sensitive or for other reasons not conducive to
development or active recreational uses will be protected under the Rural
designation. Examples are steep or unstable slopes, drainage areas, bogs and
ravines. In these areas, protective rather than development measures shall take
priority.
Activity concerning electric power transmission, other public utilities or road
construction and maintenance, consistent with the objective of retaining the qualities
of the rural environment may also be permitted.
Seasonal Residential uses such as summer cottages may be permitted at Council's
discretion. Council shall ensure that protection and enhancement of the
recreational character and amenities of rural areas is not compromised by over
development of seasonal cabin uses.
Policies:
1.
Land Uses
The uses permitted in the designated Rural areas include agricultural, forestry and
conservation uses, recreational uses characterized by large areas of open space,
provided they do not detract from the rural character of the area;
36
2.
Discretionary Uses
Other discretionary uses may also be permitted. These uses may include single
dwelling, rural industrial use, service station, mineral workings, cemetery, outdoor
markets, veterinary, and sports fields/ playgrounds.
3.
Residential Use
Council shall not extend municipal services to rural designated lands. Residential
dwellings shall not be permitted, except as an accessory to a permitted resource
use.
4.
Seasonal Residential Use (Summer Cottages)
Seasonal Residential uses shall be limited to summer cottages and cabins which
are not intended for year-round occupation and which will not be provided with
municipal services. Accessory structures such as sheds may also be considered
appropriate.
Development of seasonal residences will not prejudice future urban development
which may reasonably be anticipated, and will not jeopardize the safety and
efficiency of public roads.
Municipal services such as snow clearing, garbage collection, street maintenance,
etc, shall not be provided for seasonal residential uses.
37
5.
Preservation of Agriculture Activities
New development shall not adversely affect existing agricultural uses or activities
within the Agricultural designation. Encroachment of non compatible use shall not
result in the limiting or discontinuance of a permitted agricultural use.
The Council shall give due regard to the impact of new agricultural development or
uses on existing adjacent development and to other development in close proximity
to the proposed agricultural development but which is located outside the
Agricultural designation.
6.
Blueberry Management Unit
The Blueberry Management Unit shall be reserved for activities associated with
blueberry harvesting. The Future Land Use Maps show the Blueberry Management
Unit boundaries. Development proposed for the area shall be referred to the
Department of Forest Resources and Agrifood.
7.
Mineral Working
Mineral exploration shall be permitted within the Rural land use designation. Mineral
workings include the extraction, exploration, processing or storage of gravel, sand,
rock or any other mined material, concrete and asphalt making, rock crushing,
quarrying, sand and gravel pits and other types of mining in general. Council will
prohibit all but very small scale mineral workings and related activities from taking
place within general view of roads and developed areas and will not allow
development of new mineral workings activity at any location in the Planning Area
where it would create a negative impact on visual amenities. The mineral
development shall be limited visually from highways or local roads or developed
areas by a buffer of vegetation.
38
Mineral extraction operations shall be conducted in a manner which will minimize
the adverse effects on water quality, fish and wildlife. All mineral operations will be
required to complete a site rehabilitation plan as a part of the development
application. Council will not permit other development activities within 150 m of
existing quarry operations that may jeopardize their operation or future expansion.
39
4.0. IMPLEMENTATION
The Municipal Plan will be implemented over the next ten years through decisions of
Council and affected agencies such as the Departments of Municipal Affairs;
Transportation and Works; Environment and Conservation; Service NL and Natural
Resources. Of particular importance to Council are the following:
effective administration of the Plan;
$
the adoption of annual capital works program;
$
adopting land use zoning, subdivision and advertisement regulations;
$
adopting development schemes; and
$
the procedure for considering amendments to the Plan
4.1
Administration of the Plan
For the purpose of administering the Plan, Council shall read the Future Land Use Maps
together with the goals, objectives and policies outlined in this document.
The boundaries of land use designations shown on the Future Land Use maps are meant
to be general, except where they coincide with roads or other prominent physical features,
where they define the exact limits. No amendment of this Plan is required to permit minor
adjustments to these boundaries. Other than such minor changes, no development shall
be permitted that does not conform to this Plan.
Once Council has determined that a development proposal conforms to the Plan, Council
will review the proposal and circulate it to all affected public departments and agencies.
Council's decision on a proposal will be based on the desire to guide the development of
Conception Harbour in the best long-term interests of its residents.
40
All persons wishing to develop land for any purpose within the Conception Harbour
Municipal Planning Area shall apply to Council for permission through the established
procedure. Council may approve the application, approve it with conditions, or refuse it.
Any person who is dissatisfied with the decision may appeal to the appropriate Appeal
Board.
Before major land developments are approved, Council shall require the developer to sign
a development agreement. The agreement shall set the conditions for development and
shall be binding to both parties. Conditions may also be attached to the development
permit.
Nothing in this Plan shall affect the continuance of land uses which are lawfully established
on the date that the Plan comes into effect, although their expansion, alteration, or
conversion may be limited in order to achieve the intent of this Plan.
4.2
Development Regulations
Development Regulations ensure that development takes place in accordance with the
framework of the land use policies of the Municipal Plan. The manner in which the
Regulations are drafted and the form in which they appear must comply with the
requirements of the Urban and Rural Planning Act 2000. Like the Municipal Plan, these
Regulations are binding upon the Council and all other persons and organizations. They
consist of five parts: General Regulations, General Development Standards,
Advertisement, Subdivision of Land, and Land Use Zones. The first four are similar for all
towns and communities in the province. However, the Land Use Zone section (Schedule
C), is tailored individually for each municipality.
41
1. General Regulations
Among other things, the General Regulations govern matters relating to the power
and council of a municipality to regulate development within its Planning Area and
establish conditions relating to the issuing of permits.
2. General Development Standards
The General Development Standards relate to such matters as the siting of
buildings on building lots, building height, setback from the street, buffers between
certain types of development, parking and access requirements, non-conforming
uses and other related matters.
3. Advertisement
Advertisement regulations control the size, shape, location, siting, illumination and
material construction of advertisements for the protection of the safety and
convenience of the general public and neighbouring properties and the general
aesthetics of the Planning Area.
4. Subdivision of Land
Subdivision regulations govern the development and division of larger parcels of
land into individual building lots. They include standards for street improvements,
lot sizes and lot layouts, procedures for dedicating land for public purposes and
other necessary requirements.
5. Land Uses Zones
Zoning is a means of ensuring that development conforms with the Plan, and that it
is properly situated and does not conflict with or adversely affect neighbouring uses.
It can ensure that new growth is concentrated within or adjacent to developed
42
areas, promoting a compact form to make the most efficient use of public services
and utilities. Land Use Zone tables are presented in Schedule C of the
Development Regulations. For each land use district a list of Permitted and
Discretionary uses is presented as well as conditions to which development must
conform before it may take place.
4.3
Development Control
The Plan is a legal document which is binding upon all persons, groups, or organizations,
including the municipal Council. Before any land development can take place, an
application must first be made to Council. Development may take place only after Council
has reviewed the application and granted approval. Anyone who fails to follow the required
application process or who otherwise violates the Plan or Regulations can be prosecuted
and ordered to remove any illegal structure and restore the site and buildings on it to their
original state.
Day-to-day administration of both the Plan and Development Regulations are the
responsibility of Council and its staff. It is their duty to implement the Municipal Plan
through the Development Regulations, to make recommendations to Council regarding
compatibility of development proposals with Plan policies, refer development applications
to outside agencies and to issue all required permits when approval is granted.
An application to develop must be made on the proper application form prescribed by
Council. All applications must show as accurately as possible the location of the proposed
development and include a plot plan showing the location of existing and proposed
buildings and structures on the proposed site. Council will examine the application and
determine whether or not it conforms to the requirements of the Development Regulations,
and the policies of the Municipal Plan. Development applications will be referred to
appropriate government departments or agencies or other organizations. Approval of the
application will be subject to their recommendations. If the proposed development
conforms to all requirements then Council will approve the application and inform the
43
applicant and state any conditions that may apply. If the proposed development does not
conform to the Plan or Regulations, the application must be refused. Any applicant who is
dissatisfied with the decision of Council may appeal to an Appeal Board. The Appeal
Board shall either confirm the decision or determine that Council's decision be varied or
reversed.
4.4
Capital Works
Capital works programs must conform to applicable policies and land use designations of
the Municipal Plan. Capital works projects must not contribute to sprawl, since that would
conflict with the Plan's goal of promoting compact development. It should be recognized
that extensions to roads/new roads required for (or as a part of) new development
(including residential subdivisions) are the responsibility of developers and not the
municipal or provincial governments. Improvements to local roads should be undertaken in
accordance with the town's financial capability (and in conformity with the Municipal Plan)
on a priority basis. Local roads are generally in good condition. The Town intends to
maintain and upgrade them as necessary and as funding becomes available. The
development of additional recreational facilities should also be carried out on a year-to-year
basis subject to the town's financial capabilities.
4.5
Municipal Plan Amendment Procedure
This Plan has been prepared with the intent that no amendment be required during the
next five years, at the end of which another Plan Review will be undertaken. Major
changes in economic conditions or in policy direction, unforeseen at this time, could
however occur during the Planning Period.
Should an amendment to need to be considered, it will be given the same evaluation and
approval procedure as this Plan, including a public hearing with a Commissioner appointed
by Council. Evaluation of the proposed amendment will be compiled into a Background
Report. The proposed amendment will include policy statements, background reports,
and/or map changes. Any such amendment shall be read together and form part of this
Plan.
44
Any requests by an applicant for an amendment(s) to the Municipal Plan or Development
Regulations, the Town shall charge the costs to complete the amendment(s) to the
applicant. The authority to charge and collect the cost for the amendment(s) is granted to
the Town under section 27, Urban and Rural Planning Act 2000.