Town of Cow Head Municipal Plan

Cow Head, Newfoundland and Labrador

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TOWN OF COW HEAD MUNICIPAL PLAN In effect: January 29, 1988 (Date of publication in Newfoundland and Labrador Gazette) CONSOLIDATION: As of April 201, 2015 Cow Head Municipal Council TABLE OF CONTENTS 1.0 ADOPTION AND APPROVAL ..................................................................................................... i 2.0 INTRODUCTION ........................................................................................................................... 1 2.1 FOREWORD ................................................................................................................................ 1 a) MUNICIPAL PLANNING IN NEWFOUNDLAND AND LABRADOR .............................. 1 b) MUNICIPAL PLANNING AREA ............................................................................................... 4 2.2 SUMMARY & CONCLUSIONS OF THE BACKGROUND REPORT ..................................... 7 a) POPULATION, EMPOYMENT AND HOUSING ...................................................................... 7 b) OTHER TOWN PROBLEMS AND NEEDS ............................................................................... 9 2.3 POLICY ASSUMPTIONS ......................................................................................................... 10 a) ECONOMIC FACTORS ............................................................................................................ 10 3.0 THE MUNICIPAL PLAN ............................................................................................................ 11 3.1 THE FUTURE TOWN ............................................................................................................... 12 3.2 GOALS AND OBJECTIVES ..................................................................................................... 13 a) TOWN STRUCTURE ................................................................................................................ 13 b) HOUSING................................................................................................................................... 13 c) COMMERCIAL ......................................................................................................................... 14 d) ENVIRONMENT AND NATURAL RESOURCES .................................................................. 14 e) RECREATION ........................................................................................................................... 15 f) INDUSTRIAL ............................................................................................................................. 16 g) TRANSPORTATION ................................................................................................................. 16 h) EMPLOYMENT ......................................................................................................................... 17 i) MUNICIPAL FINANCE ............................................................................................................ 17 3.3 POLICIES ................................................................................................................................... 19 a) TOWN STRUCTURE ................................................................................................................ 19 b) RESIDENTIAL LAND USE POLICIES.................................................................................... 19 c) OPEN SPACE LAND USE POLICIES ...................................................................................... 21 d) RECREATIONAL LAND USE POLICIES ............................................................................... 22 e) RURAL AND ENVIRONMENTAL PROTECTION LAND USE POLICIES ......................... 24 f) MIXED DEVELOPMENT LAND USE POLICIES .................................................................. 26 g) INDUSTRIAL LAND USE POLICIES ..................................................................................... 27 4.0 IMPLEMENTATION .................................................................................................................. 28 4.1 PROGRAM OF DEVELOPMENT ............................................................................................ 29 4.2 PUBLIC WORKS ....................................................................................................................... 31 4.3 ADMINISTRATION .................................................................................................................. 32 a) INTRODUCTION ...................................................................................................................... 32 b) DEVELOPMENT REGULATIONS .......................................................................................... 32 c) CONTROL OF DEVELOPMENT ............................................................................................. 35 d) CAPITAL WORKS PROGRAM................................................................................................ 36 5.0 PLAN MAPS .................................................................................................................................. 37 5.1 EXPLANATION ........................................................................................................................ 38 i 1.0 ADOPTION AND APPROVAL ii iii iv 2.0 INTRODUCTION 1 2.1 FOREWORD a) MUNICIPAL PLANNING IN NEWFOUNDLAND AND LABRADOR The Municipal Plan This Municipal Plan has been prepared in accordance with the requirements of Section 15 of the Urban and Rural Planning Act, following surveys and studies of land use, population growth, the local economy, present and future transportation needs, public services, social services and other relevant factors. The Plan outlines the goals, objectives and policies of Council regarding the development of the Municipal Planning Area over the next ten years. This Municipal Plan, consisting of a written text in which the goals, objectives and policies are set out, also includes Land Use Maps indicating the proposed allocation of land into various Land Use categories. Ministerial Approval When the Municipal Plan is formally adopted by resolution of the Council under Section 16(1) of the Act, two copies must be impressed with the Seal of the Council and signed by the Mayor. The Council must then give notice of its intention to seek the approval of the Minister of Municipal Affairs by publishing a _____________________________________ This brief summary of municipal planning legislation and procedures is intended to assist the Council in understanding and using its Municipal Plan. Details are contained in the Urban and Rural Planning Act. 2 notice in the Newfoundland Gazette and in a newspaper published, or circulating, in the community. The notice must state where and when the Municipal Plan may be inspected by any interested person and the time and place set by the Minister for the hearing of any objections or representations. At the Public Hearing, a Commissioner appointed by the Minister will hear the objections and representations, and subsequently forward to the Minister a written report, together with copies of all the evidence taken at the Hearing. After the Public Hearing is concluded and the Commissioner's report has been submitted, the Council must apply to the Minister for approval of the Municipal Plan. The Minister requires two copies of the Municipal Plan certified correct by the Clerk of the Council, a copy of the adopting resolution and of all written objections and representations considered at the Hearing. On receipt of this material, the Minister may approve the Municipal Plan, with or without modification, or may disapprove it and order that a new Municipal Plan be prepared. Upon approval, the Minister will endorse a copy of the Plan and return it to the Council. Within ten days of receipt of the final approval by the Minister, the Council must publish a notice of approval in the Newfoundland Gazette and in a local newspaper. The Effect and Variation of the Municipal Plan When the Municipal Plan comes into effect, it is binding upon the Council and upon all other persons, corporations and organizations. The Plan has to be reviewed by the Council at the end of every five years from the date on which it comes into effect and at that time revised as necessary to take account of developments which can be foreseen during the next ten-year period. The Municipal Plan may be amended in whole or in part for just cause by repeating the process by which it was adopted and approved initially. 3 Development Schemes At any time after the adoption of the Municipal Plan, the Council can prepare and adopt Development Schemes under Sections 31-33 of the Act for the purpose of carrying out specific proposals of the Municipal Plan. A Development Scheme may provide 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 Municipal Plan. The Scheme 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 agreements with the owners of the land as will permit its acquisition and use for those purposes. The Development Scheme 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 the Development Scheme. Development Schemes are prepared and approved in exactly the same way as the Municipal Plan, and, when approved, form part of that Plan. 4 Municipal Plan Administration When a Municipal Plan comes into effect, the Council is required to develop a scheme for the control of the use of land in strict conformity with the Municipal Plan in the form of land use zoning, subdivision, and any other regulations necessary. After adoption by the Council, these regulations must be submitted to the Minister for approval. Regulations must comply with the requirements of the Urban and Rural Planning Act, and Standard Provincial Regulations have been developed to form the basis of these regulations. Councils are also advised, if they have not already done so, to adopt the National Building Code of Canada as their building regulation. The day-to-day administration of the Municipal Plan, and subsequent regulations, is in the hands of staff members authorized by the Council. Council staff have the duty of issuing all necessary permits approved by Council and making recommendations to the Council in accordance with the Municipal Plan policies and implementing regulations regarding all development in the Municipal Planning Area. b) MUNICIPAL PLANNING AREA In 1983 Cow Head adopted a resolution to prepare a Municipal Plan and in that same year its Interim Development Order and Regulations approved by the Lieutenant-Governor-in-Council. The Cow Head Municipal Planning area was defined in 1983 and in 1984, a background study of this community was prepared in conjunction with similar studies in the seven other Gros Morne enclave communities. This study, in addition to mapping of existing land use patterns, formed the basis of the Cow Head Municipal Plan. The Plan has a life span of ten years but is open for review every five years. The Municipal Plan may also be amended from time to time to meet changing conditions in the community. 5 The Planning Area is bounded on the north, east and west by the Gros Morne National Park and on the west by the Gulf of St. Lawrence. The Viking Trail, Route 430, cuts through the Backland section of the Planning Area, to the east of the Town. The topography of the Planning Area is low lying, with a great deal of wet, boggy land. Settlement is confined to the coastal strip area and a small section of The Cow Head Peninsula, which is connected to the mainland by a narrow spit of land. The backland area of the Cow Head Planning area is more heavily wooded and has greater relief than does the coastal section but heights are generally within 250 feet of sea level. In addition to timber resources, the Planning Area contains significant deposits of aggregate materials which are valuable for a variety of construction purposes. 6 7 2.2 SUMMARY & CONCLUSIONS OF THE BACKGROUND REPORT a) POPULATION, EMPOYMENT AND HOUSING The population of the Community of Cow Head has entered a period of relative stability with modest population increases projected for the 1987 - 1997 interval. It is anticipated that the population size will rise from 695 in 1981 to approximately 760 by 1996. This will be due largely to natural population growth with out-migration stemmed by improved economic conditions in the fishery and employment opportunities associated with the Gros Morne National Park. In terms of population structure it is clear that there has been a significant increase in the 25 - 34 year age group of both males and females between 1971 and 1981. The indication from this is that there is a greater number of young, working age people in the community. It is also noteworthy that the number of people over 60 years of age increased between 1971 and 1981, and it is likely that this trend will continue into the future. The industrial structure of Cow Head in 1981 was fairly diversified with 25.0 percent engaged in the Community, Business and Personal Service sector. Three other industrial sectors, Primary, Manufacturing and Construction accounted for 15.4 percent each of the employed labor force. These five industrial sectors employed a total of 94.3 percent of the labor force. 8 In terms of occupations, Sales and Service each employed 17.0 percent of the labor force. The Construction and Processing occupations each accounted for a further 13.2 percent of the work force. Primary occupations accounted for another 11.2 percent of the labor force. Together, these five categories comprise 71.6 percent of the occupations in Cow Head. The processing occupations are associated with two small fish processing plants located on the Cow Head Peninsula, while the primary occupations were in the fishing industry. Sales and Service occupations are connected to the various commercial enterprises and the Shallow Bay Motel. The industrial structure indicates that the Community / Business / Service and the Trade sector are very important to the local economy and demonstrates the potential for expansion in these sectors. The future requirements for housing in the town are likely to be tied directly to the population level and local economic conditions. It is evident that most of the residential areas available for infill development have already been utilized. The absence of current census data on housing starts make accurate assessments and forecasts difficult, but the number of new homes in the town indicate that residential construction has been vigorous. This activity is expected to be stymied somewhat by the closure of the Daniel's Harbour zinc mine and the number of new housing starts is expected to drop from previous levels. It is difficult to estimate how many new starts may occur in the near future, but 6 - 8 per year would be a reasonable range to expect. These estimates are based on prevailing socio-economic conditions and would be altered if positive or negative shifts in the economy were to occur. 9 b) OTHER TOWN PROBLEMS AND NEEDS The most urgent problem facing Cow Head is the provision of adequate serviced areas for future residential expansion. At present, most of the areas available for residential infill has been utilized and there has been some backlot residential development. This latter form of development is undesirable in that it can create inefficiencies in the provision of municipal water and sewer services and difficulties in snow removal and road maintenance. In order to mitigate these conditions and prevent their reoccurrence in the future, it will be necessary to designate areas for future residential expansion. The town is also lacking in adequate recreational facilities. At present, it has an unused site where the ice rink was located on Brown's Land and a softball diamond adjacent the sanitary landfill site on the southernmost link road from Route 430. The town requires an expanded range of recreation facilities in a centralized location. There is also a great potential in Cow Head to develop a series of attractions and activities to increase tourist visitation to the town. An increased volume of traffic would improve the likelihood of creating local services to serve this market. Such an undeveloped attraction exists in the form of the Cow Head peninsula. A master plan should be developed by Council for the creation of a municipal park in this area. 10 2.3 POLICY ASSUMPTIONS a) ECONOMIC FACTORS It is anticipated that the economy of Cow Head will remain relatively stable in the near future. Approximately 10 -12 jobs have been lost locally due to the closure of the Daniel's Harbour zinc mine, but the future of this operation is highly speculative and dependent on world zinc prices. If the mine does not reopen, it will be difficult for local industry to absorb this loss of employment, and the effects will no doubt be felt in the economy. There are two promising economic opportunities in the Cow Head area that may contribute significantly to the regional economy. The Gros Morne National Park will offer an increased level of vehicular tourist traffic in the future and there are numerous opportunities associated with the provision of services for this market, as well as the development of site and activity oriented attractions. This type of economic resource development will require local, individual initiative. In addition to this, there may be direct employment opportunities with the National Park. The second asset that could prove important to Cow Head is the inshore fishery. If this industry rebounds significantly in the next decade, there could be increased employment in the catching and processing of this important natural resource. Any increased activity in this sector or the tourism industry will have positive multiplier effects in other areas, particularly the processing and business / service sectors. 11 3.0 THE MUNICIPAL PLAN 12 3.1 THE FUTURE TOWN The Town of Cow Head has a compact structure with ample area for future expansion. It is advantageous to maintain and encourage this pattern of development in the future. The Town is also deficient in adequate recreational facilities and steps will be taken to provide centralized facilities more easily accessible to the public. The town is also fortunate to have an interesting and relatively undeveloped scenic attraction on the Cow Head Peninsula. This formation contains important fossil remains as well as a significant prehistoric Eskimo and Maritime Archaic Indian archaeological site. It is the intention of this Plan to promote the development of this area as a low intensity use day park for the benefit of both the local residents and the travelling public. It is anticipated that such a site would be a valuable economic and cultural asset to the town. It is the intention of the Plan to discourage infill and backlot residential development except in special circumstances and to require the use of serviced residential building lots in the town. The industrial area on Cow Head will be given space to expand and it is anticipated that any increase in fishing activity and related processing will be located in this area. Commercial enterprises will be encouraged to locate where suitable land is available in the Mixed Development area, in response to market demands from the community. 13 3.2 GOALS AND OBJECTIVES The following goals and objectives express the general concepts that form the basis of the Municipal Plan. They are stated in broad terms dealing with wide concepts of land use and other integral elements that contribute to the town structure. The goals and objectives express the long-term intention of the plan and form the elemental constituents in the more specific policies dealing with land use. a) TOWN STRUCTURE It is the intention of this Plan to provide areas for concentrated residential development in the Town and, in so far as is economically feasible, to encourage the growth of a commercial core, the beginnings of which are already visible. A centralized recreational facility will be developed through a five-year recreation master plan in addition to a municipal park on the Cow Head Peninsula. The rural hinterland surrounding the Town will be protected from adverse forms of development and reserved for traditional uses of benefit to the Town. In this manner, the benefits of a compact town structure will be enhanced, while preserving the aesthetic and functional qualities of the surrounding environment. b) HOUSING Goal: - To provide adequate, serviced areas for the future residential needs of the Town. Objective: - To reserve areas that can be provided with municipal water and sewer services for the 60 - 80 future new homes expected over the ten-year life span of the Plan. 14 Objective: - To encourage residential infilling and redevelopment in the built-up areas of the community where municipal water and sewer services are available. Objective: - To discourage backlot development in areas of existing housing. c) COMMERCIAL Goal: - To encourage the growth of a Mixed Development area that will be oriented to New Commercial Enterprises. Objective: - To encourage the development of commercial enterprises particularly those catering to the needs of tourist traffic generated by the Gros Morne National Park. Objective: - To designate an area central to the community where commercial activities may locate. d) ENVIRONMENT AND NATURAL RESOURCES Goal: - To preserve the aesthetic quality of the natural environment surrounding the Town of Cow Head. Goal: - To protect valuable mineral, agricultural and forestry assets located in the Municipal Planning Area for future use by the residents of the Town. 15 Objective: - To designate sensitive and scenic areas in the planning area for environmental protection. Objective: - To ensure that the Cow Head Peninsula is protected from development that could detract from the quality of the natural environment. Objective: - To designate specific areas of the Planning Area for mineral and aggregate extraction. e) RECREATION Goal: - To provide adequate sports facilities to meet the recreational needs of the Town. Objective: - To designate an area of land in the Town suitable for the development of sports grounds. Objective: - To develop a master plan for recreation in conjunction with the Cow Head Recreation Commission. Objective: - To ensure that the recreational and cultural potential of the Cow Head Peninsula is developed to its maximum potential. Objective: - To draft a park master plan for the Cow Head Peninsula and to seek sources of funding for the park. 16 f) INDUSTRIAL Goal: - To ensure that there is adequate land for existing and future industrial activities. Objective: - To protect existing industrial uses from conflicting land uses. Objective: - To designate an area that will be reserved for industrial activities. g) TRANSPORTATION Goal: - To provide a safe and efficient network of roads for the citizens of Cow Head. Objective: - To ensure that all new roads and streets have adequate rights-of-way for the safety of the public and the safe, efficient operation of maintenance equipment. Objective: - To establish standards and conditions for the construction of new roads in the Planning Area. 17 h) EMPLOYMENT Goal: - To maximize employment opportunities available to the residents of the Town. Objective: - For Council to assist in identifying the types of services and facilities required by the Tourism industry. Objective: - To develop and encourage the development of facilities and attractions that will increase Tourism in the Town. Objective: - To provide an environment that will encourage the development of the industrial, commercial and service economic sectors. i) MUNICIPAL FINANCE Goal: - To ensure that there are adequate financial resources to meet the needs of the Town over the life of the Plan. Objective: - To undertake capital works projects that are within the financial reach of the Town. Objective: - To prepare a schedule of projects for the capital works program put forward in this Plan. Objective: - To develop a Municipal Plan that minimizes service costs 18 to council and makes optimum use of the physical and financial resources available to the town. 19 3.3 POLICIES a) TOWN STRUCTURE It is the policy of this Plan to promote the growth of the town while preserving its compact structure and preventing elongated settlement patterns from developing. At present, there are three main areas in which specialized land uses are emerging. These include the area in the immediate vicinity of the Town Hall and the Shallow Bay Motel, the industrial area on the Cow Head Peninsula and the Residential area around the high school. It is the policy of the Plan to encourage this growth and development by designating land use areas in which these activities will be protected from other conflicting uses. Such policies are complementary to the strategy of maintaining centralized residential development as this places most service functions within convenient reach of the residents and minimizes the cost of service infrastructure and ongoing maintenance operations. b) RESIDENTIAL LAND USE POLICIES The Town of Cow Head has grown substantially in recent years and nowhere is this more evident than in the proliferation of residential housing. A great deal of this infilling and redevelopment has occurred in areas of existing housing, whereas the most recent construction has been carried out on the periphery of the Town, indicating the unavailability of building lots closer to the Town centre. This type of situation is also the forerunner of strip or ribbon development which is highly undesirable from a servicing perspective. This Plan shall endeavor to direct residential development to areas of the Town best reserved for such uses, or the areas of natural growth while preventing undesirable backlot or strip development. 20 - An Area of land dedicated for future residential use, to be known as the Comprehensive Development Area or CDA, will be set aside. This area is indicated on Future Land Use Map 2. - Residential infill development will be permitted in the built-up areas of the Town, where municipal services presently exist. Such development will be permitted in residential and Mixed Development land use areas. - All residential development shall front on a public road. - Backlot Residential development will not be permitted in the Planning Area. - Seasonal residences may be permitted in an existing residential area or mixed development area at the discretion of the Authority. Such development shall conform to the standards established for residential development. Seasonal residences shall not be permitted in any CDA. - Land uses that are complementary to residential development such as churches, schools, convenience stores, medical and professional uses, recreation facilities, and playgrounds may be permitted in a residential area. - Residential development shall not be permitted except on serviced building lots. - All future residential development shall be limited to the densities specified for serviced building lots. 21 - All streets and roads in any residential area shall have adequate rights-of- way to facilitate the movement of maintenance and snow clearing equipment and provide an adequate measure of public safety. - A CDA is established as indicated on Future Land Use Map 2. - The land in this CDA shall be held for future residential expansion. The development of this CDA shall require an amendment to the Cow Head Land Use Zoning, Subdivision and Advertisement Regulations and the institution of a plan of subdivision for the CDA. c) OPEN SPACE LAND USE POLICIES This land use designation is intended to reserve the core area of the Cow Head peninsula for traditional uses that would not conflict with an adjoining municipal park. Most of this land is privately owned, and is still largely undeveloped. It is the policy of the plan to hold development in this area to a minimum to preserve the existing character. This area will also become a buffer between the industrial and recreational land uses. - An Open Space land use area is established on the Cow Head Peninsula as indicated on Future Land Use Map 2. - The permitted activities in this area shall include agriculture, conservation, recreational open space, and cemeteries. - Mineral working shall not be a permitted use in this area. 22 d) RECREATIONAL LAND USE POLICIES The Town of Cow Head has considerable land available for the development of both active and passive recreation facilities, but any recreation projects should be undertaken only after careful planning in order to maximize the financial and physical resources available to the community. The recreation goals of the Town are twofold. The first is to develop a centralized recreation complex that can accommodate several types of sports; the second is to undertake a long term scheme for the creation of a park on the Cow Head Peninsula. The Town presently has an ideal opportunity to establish a recreation area because there are few facilities in Cow Head and the project will involve little duplication of effort. There are two sites available for the establishment of a recreation complex, the area surrounding the softball field on the south link road and the site of the former outdoor ice rink. The first site is somewhat distant from the community and is mainly accessible by automobile. It is also located near a waste disposal site but has the advantage of available dry land for expansion. The rink site on Brown's Lane is centrally located in the community but is somewhat wet. There is room for expansion in this area and if the area can be drained it would provide a highly suitable site for a recreation complex. The undeveloped portion of the Cow Head Peninsula is ideally suited for the development of a municipal park. The peninsula is a valuable scenic and cultural asset to the Town in that it contains several prehistoric fossil deposits and at least three known sites of Dorset Eskimo and Maritime Archaic Indian archaeological sites. The peninsula is worthy of preservation simply as a site of intrinsic natural beauty. 23 It is the policy of this Plan to encourage Council to actively pursue the development of a low intensity use municipal park on this site, in order to protect and interpret the various features of the peninsula for the benefit of the community and the visiting public. It is hoped that by developing a major physical attraction in Cow Head that a significant volume of tourist traffic travelling through the Gros Morne National Park will be drawn into the town with positive economic benefits. This is intended to be a long term project carried out over the life of the Plan. - Recreational Open Space land use areas are established as indicated on Future Land Use Map 2. - The main permitted uses in these areas shall be recreational open space and conservation. - Any other uses such as confectionary stands and fair grounds shall be temporary and ancillary to a permitted use and shall function at the discretion of the Council. - Council or any individual carrying out any type of development on the Cow Head Peninsula shall consult with the Historic Resources Division of the Department of Culture, Recreation and Youth prior to commencement. - Any archaeological remains encountered during the course of construction shall be reported to the Council and the Department of Culture, Recreation and Youth before work can recommence. 24 - The Recreational Open Space on the Cow Head Peninsula shall be protected from any adjacent use that may inhibit its development as a municipal park. - The Recreational Open Space Area on Brown's Lane shall be designated as the site for a future recreation complex if the land can be adequately drained. e) RURAL AND ENVIRONMENTAL PROTECTION LAND USE POLICIES There are large areas of land within the Municipal Planning Area that are undeveloped and lie outside the built-up areas of the Town. It is the intention of the Plan to reserve these hinterland areas for recreation and the utilization of valuable natural resources such as soils, timber and aggregates. The rural area is also suitable for uses that may benefit by a separation from other types of urban land use. Residential development will not normally be permitted in the unserviced rural areas. Such development may only be permitted by the Authority in conjunction with a rural land use when it is essential that the operator live on site. There are other areas of the Planning Area that are sensitive due to natural hazards or environmental conditions. Such areas would include the municipal water supply area, the shoreline of the Town and the Cow Head isthmus. It is the intention of this Plan to designate these as environmental protection areas in which uses such as conservation and light agriculture may be permitted. 25 It is also the intention of the Plan to designate specific sections of the rural areas for mineral working activities, with adequate separation from other activities as specified by the Department of Mines and Energy regulations. - A Rural Resource area is established as indicated on Future Land Use Maps 1 and 2. - The permitted uses in this area may include conservation, recreational open space, waste disposal, general industry, forestry, and agriculture. - Residential development may be permitted in the Rural Resource area at the discretion of the Authority where such activity is clearly ancillary to a permitted land use and an on-site dwelling is essential. - Mineral Working areas are established as indicated on Future Land Use Maps 1 and 2. - The permitted uses in a Mineral Working area may include quarrying, gravel pits, agriculture and other such uses that are compatible in nature with mineral working. - Environmental Protection areas are established as indicated on Future Land Use Map 2. - The permitted uses in the Environmental Protection area shall include conservation and agriculture. 26 - There shall not be any development or woodcutting within 30.5 metres of the usual high water mark of any waterbody or watercourse in the Rural Resource, Mineral Working or Environmental Protection areas. - Mineral Working sites will be rehabilitated by the operator to standards set by the Department of Mines and Energy and the Council, in order to allow future use of the site by a compatible activity. - The Authority will encourage the reforestation of logging sites where feasible to do so, in conjunction with Department of Forest, Resources and Lands guidelines. f) MIXED DEVELOPMENT LAND USE POLICIES The commercial outlets in Cow Head are largely concentrated in an area central to the community and have formed the nucleus of a commercial core. There are residential uses mixed with commercial, office and civic buildings in this area and it is the policy that this may continue. The intention of this policy is to encourage important commercial activities to locate in this area, in deference to other less desirable areas of Cow Head. - A Mixed Development Area is established as indicated on Future Land Use Map 2. - The permitted uses in this area shall include hotels, motels, stores, restaurants, offices, clubs and civic halls. - Residential development in the Commercial Area shall be at the discretion of the Authority. 27 - Other uses such as churches and church halls may be permitted at the discretion of the Authority. g) INDUSTRIAL LAND USE POLICIES The industrial area in Tuckers Cove on the Cow Head Peninsula presently supports two small fish processing plants and a protected small boat harbor. It is highly desirable to have an industrial area with room for expansion separated from other conflicting land uses as is the case in Cow Head. It is the policy of this Plan to encourage other industrial uses on the Cow Head Peninsula in the designated Industrial Land Use Area, while discouraging other non-industrial uses. - A Marine-Industrial Land Use Area is designated as indicated on Future Land Use Map 2. - The permitted uses may include light industry, general industry, offices, shop, and transportation uses. - Seasonal residences, mineral working and conservation uses may be permitted at the discretion of the Authority provided that such uses do not conflict with any existing or proposed industrial activities. 28 4.0 IMPLEMENTATION 29 4.1 PROGRAM OF DEVELOPMENT The Municipal Plan sets forward a series of land use policies and goals which will guide the development of Cow Head for the next decade. These objectives are translated into physical form through two mechanisms, the standards set out in the Development Regulations, and the long term capital works program. The latter is a plan for major community expenditures and public works projects that will be undertaken over the life of the Plan. Any such undertakings must be coordinated with the long term municipal goals and must compliment them in order to precipitate a desirable community form. Projects such as the installation of water and sewer systems reflect the need for development but also determine where development may occur, and so guides the physical growth of the town. Capital works projects must be within the realistic financial capabilities of the town but even if financing needs are undetermined for a long term project, it is still necessary to indicate in the Plan the intention of undertaking that project. There are several projects that the town intends to undertake during the next five years. The Town Council, in conjunction with the Cow Head Recreation Commission will draft a five-year master plan for recreation and will undertake to obtain land that is central to the town for the development of a recreation complex. The servicing of Sunset Drive with water and sewer will create approximately 15 additional building lots by extending the services an additional 130 metres. This Plan also reserves land in the vicinity of Sunset Drive as an area for future serviced residential expansion. 30 The Main Road through Cow Head is in need of resurfacing and Council will actively seek to have the Provincial Department of Transportation carry out this work before the 1992 Municipal Plan review. Council intends to reconstruct and pave a 600-foot section of Pond Road in 1988. It is also the intention to extend Parks Drive and Spruce Road during the 1987 - 1988 construction seasons. The town will also undertake two long term projects, the construction of a new fire hall and the acquisition of a new fire truck with a larger water capacity. Both of these projects are important but not pressing and can be considered long term projects. The biggest ongoing project facing Council is the extension of the municipal water supply intake to Big Pond. This would provide the town with plentiful supply of clean water far into the future. The additional pressure from this system would also expand the potential areas for residential expansion. 31 4.2 PUBLIC WORKS This program sets out the order of priority for Public Works in the Cow Head Planning Area. It includes, but is not limited to, municipal public works and forms the basis of the five-year capital works program and budgets as required under the Municipal Grants Act. PUBLIC WORKS ESTIMATED COSTS ADMINISTRATIVE AND FINANCIAL DEPENDENCY 1. Sunset Drive water and sewer and road paving 2. Pond Road Resurfacing / Paving 3. Parks Drive / Spruce Road Extension 4. Widening of By Roads 5. Main Road Resurfacing 6. Construction of Fire Hall 7. Acquisition of New Fire Truck 8. Development of Big Pond Reservoir 9. Development of Recreation Complex $ 64,000.00 $ 26,000.00 $ 1,500.00 $ 1,500.00 $ 200,000.00 Unavailable $ 70,000.00 One Million Unavailable Council, Dept. of Municipal Affairs Council Council Council Dept. of Transportation Council, Dept. of Municipal Affairs Council, Dept. of Municipal Affairs Council, Dept. of Municipal Affairs Council, Dept. of Culture, Recreation and Youth 32 4.3 ADMINISTRATION a) INTRODUCTION The preparation, adoption, and approval of this Municipal Plan represents only a part of the planning process. In other words, the Plan is not an end in itself nor does it serve any useful purpose without being implemented. The Municipal Plan must be implemented by means of the regulatory powers conferred upon the Council by Section 37 of the Urban and Rural Planning Act and such other statutes, enabling legislation and programs as may be applicable. The Plan must serve as a continuing reference and guide to Council and its officials in order to achieve the goals, objectives, policies, and programs which it contains. b) DEVELOPMENT REGULATIONS The direction and control of orderly land use is an important feature of the community's planning program. For the purpose, development regulations are the most effective tool. After the Plan is formally adopted, Council is required under Section 37 of the Urban and Rural Planning Act to develop fully a scheme for the control of the use of land in strict conformity with the Municipal Plan and any further plans or development scheme. These must include land use zoning regulations, subdivision regulations, and such other regulations in compliance with the requirements of Part VIII of the Act as the Council may deem necessary to control the use and development of land in accordance with the Plan. 33 Essentially, zoning is a means of ensuring that the future land uses are in strict conformity with the Municipal Plan, that they are properly situated in relation to one another, and that they do not conflict with or adversely affect adjacent properties. It directs new growth into suitable areas and protects property by requiring that development afford adequate light, air, and privacy for persons living and working within the Community. Zoning also allows for the control of development directly in each area so that property can be effectively serviced by means of a corresponding extension of the existing public services. The implementing Land Use Zoning, Subdivision, and Advertisement Regulations to be administered and enforced by the Council shall include: - the powers of Council including rules and administrative procedures governing the Council's consideration of and decision on planning applications; - rules and administrative procedures for appeal boards; - general development standards for all zones; - regulations governing advertisements; - regulations governing the subdivision of land covering but not limited to subjects such as services to be provided, building lines, public open space, design standards, and transfer of streets and utilities to the Council; - definitions of key words and phrases to be used in the interpretation of the Regulations; - A classification of uses of land and buildings to be used in the Use Zone Tables; 34 - Zone Tables tailored specifically for each use zone listing the permitted and discretionary uses and the standards and conditions for development in each specific zone; - Use Zone maps dividing the planning area into areas corresponding with the zone tables. As mentioned above in the Regulations, there are certain uses for each of the zones which are primary and are permitted as a matter of right anywhere in that particular zone. The issuing of permits for uses is straight forward and these uses are subject to the requirements of the Regulations and any further conditions imposed by Council. A discretionary use is one which may sometimes be permitted in a specific zone where: i) the development would not be contrary to the general intent and purpose of the Regulations, the Plan, or any other further scheme or plan or regulations; ii) proper public notice has been given and Council is satisfied that it is not against the public interest and will fit into the zone as a complementary or non-damaging use; iii) Council is satisfied that the discretionary use is suitably located with the zone proposed. Permitted and discretionary uses will be listed individually for each zoning category in the Land Use Zoning Regulations. 35 c) CONTROL OF DEVELOPMENT Council will exercise proper control over all development within the Planning Area in accordance with this Plan and the Development Regulations. Any person wishing to develop* or subdivide land for any purpose within the Planning Area shall make application on the prescribed forms to Council for permission. It is important to note that the Council will require a separate permit to be obtained by the developer for the subdivision** of land. All new development or redevelopment as well as any change of use or intensity of use or alteration or improvement to any land or existing building will require a permit from the Council. In addition, a separate permit will be required for all building work and the occupancy of a building. A building permit will not be granted until a development and/or subdivision permit has been obtained. Council may grant outline permission, sometimes called approval in principle, to enable a developer to test a proposal without having to go through the expense of preparing detailed plans. If the Council is in favour of the proposal, permitted and discretionary uses will be listed individually for each zoning category in the Land Use Zoning Regulations. _________________________________ *The Urban and Rural Planning Act should be referred to for the precise definition of "development". **Subdivision means that dividing of any land whether in single or joint ownership into two or more pieces for the purpose of development. 36 d) CAPITAL WORKS PROGRAM In an effort to ensure that adequate funds are available at the appropriate time to implement each feature of the municipal plan, Council shall prepare and submit every year a five-year forecast of their anticipated capital expenditure requirements. This will be done in compliance with Section 9 of the Municipal Grants Act. 37 5.0 PLAN MAPS 38 5.1 EXPLANATION In order to further the development of an orderly economic and attractive development pattern, the Planning Area is divided into groups of complementary land uses having related function which do not ordinarily interfere with each other, constitute mutual nuisances or hamper each other's activities. The general land use designations are set out on Future Land Use Maps 1 and 2, which form part of this Municipal Plan. The intent of the Plan is to guide development into these land use designations, thereby separating activities that have conflicting requirements and functions. Residential and Mixed Development areas are located where they may benefit from existing services and local resources, and the resulting pattern of uses has been derived with the intent of preserving important natural features. It must be stressed that it is not the intent of this Plan to segregate land uses for the sake of such segregation but only for the purpose of preventing conflicts in development and to create environments where the optimum functioning of each group of activities may be achieved. It is also the intent of the Plan to improve the local road system so that it provides a safe and efficient network for the movement of people and goods. 39