Deer Lake, Newfoundland and Labrador
· adopted 2019-03-25
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Town of Deer Lake
Municipal Plan 2019-2029
Prepared for
Prepared by
The Town of Deer Lake
Baird Planning Associates
September 2019
Urban and Rural Planning Act 2000
Resolution to Adopt
Town of Deer Lake Municipal Plan
2019 - 2029
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of Deer Lake adopts the Deer Lake Municipal Plan.
Adopted by the Town Council of Deer Lake on the 25th day of March 2019.
Signed and sealed this 3o day of September 2019
Mayor 4§
8
I
J
(Council Seal)
Clerk:
Canadian Institute of Planners Certification
I certify that the attached Municipal Plan has been prepared in accordance with the
requirements of the Urban and Rural Planning Act 2000.
JohnI
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Urban and Rural Planning Act 2000
Resolution to Approve
Town of Deer Lake Municipal Plan
2019 -2029
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Deer Lake
(a)
Adopted by the Deer Lake Municipal Plan on the 25th day of March 2019.
(b)
Gave notice of the adoption of the Deer Lake Municipal Plan by advertisement inserted
on the 28th day of March and the 17th day of April 2019 in the Western Star newspaper.
(c)
Set the 17th day of April 2019 at the Town Hall, Deer Lake for the holding of a public
hearing to consider objections and submissions.
Now under the authority of section 23 of the Urban and Rural Planning Act 2000, the Town Council
of Deer Lake approves the Deer Lake Municipal Plan as adopted.
SIGNED AND
|
y of September 2019.
Mayor:
ean Ball
Clerk:
@:.?4b
Lori Humphrey
/Amendment
M v (\i c.ipa.l '7 la."
REGISTERED
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(Council Seal)
Table of Contents
1.0
INTRODUCTION ................................................................................................................. 1
1.1 Purpose of the Municipal Plan ................................................................................... 1
1.2 Plan Preparation ........................................................................................................ 1
1.3 Contents of the Municipal Plan .................................................................................. 1
1.4 Municipal Plan Administration .................................................................................... 1
1.5 Interpretation .................... ... _ ....................................................................................... 2
2.0
BACKGROUND REPORT .................................................................................................. 3
2.1 Geographical Setting ................................................................................................. 3
2.2 Population and Housing ............................................................................................. 6
2.2.1 Current and Historical Population ..................................................................... 6
2.2.2 Age Structure .................................................................................................... 8
2.2.3 Population Forecast .......................................................................................... 9
2.2.4 Housing ........................................................................................................... 11
2.3 Agency Comments ................................................................................................... 13
2.3.1 Water Resources Division (Municipal Affairs and Environment) .................... 13
2.3.2 Office of Climate Change and Energy Efficiency ............................................ 17
2.3.3 Newfoundland and Labrador Hydro ............................................................... 18
2.3.4 Provincial Archaeology Office ......................................................................... 18
2.3.5 Provincial Parks .............................................................................................. 18
2.3.6 Mines and Energy Division ............................................................................. 19
2.3.7.Geological Survey of Newfoundland and Labrad ........................................... 24
2.3.8 Land Use Planning/Regional Operations ....................................................... 26
2.3.9 Crown Lands ................................................................................................... 26
2.3.10 Agricultural Lands Section ............................................................................ 26
2.4 Public Consultations ................................................................................................ 27
2.4.1 First Open House - November 24, 2016 ...... ; ................................................. 27
2.4.2 Public Opinion Survey .................................................................................... 29
2.4.3 Second Open House - May 14, 2018 .............................. _. ............................. 45
3.0 GOALS AND OBJECTIVES .............................................................................................. 46
3.1 Community Structure and Character ....................................................................... 46
3.2 Economic Growth and Development ....................................................................... 46
3.3 Environment ............................................................................................................. 47
3.4 Health and Social Well-Being .................................................................................. 48
3.5 Housing .................................................................................................................... 48
3.6 Transportation .......................................................................................................... 48
3.7 Open Space and Recreation .................................................................................... 49
3.8 Culture and Heritage ................................................................................................ 49
3.9 Capital Works ........................................................................................................... 49
3.1 O Governance ............................................................................................................. 50
3.11 Municipal Finance .................................................................................................... 50
4.0
COMMUNITY WIDE POLICIES ........................................................................................ 51
4.1 Policy Framework .................................................................................................... 51
4.2 General Land Use Policies ...................................................................................... 51
4.2.1 General Layout of the Town ........................................................................... 51
4.2.2 Compatibility of Uses ...................................................................................... 52
4.2.3 Non-Conforming Uses .................................................................................... 52
4.2.4 Land Development and Subdivision Proposals .............................................. 52
4.2.5 Consolidation and Infill of Serviced Areas ...................................................... 53
4.2.6 Public Streets .................................................................................................. 54
4.2.7 Public Access to Watercourses ...................................................................... 54
4.2.8 Adaptive Re-use of Existing Buildings and Properties ................................... 54
4.2.9 Heritage and Archaeological Resources ........................................................ 54
4.2.10 Discretionary Uses ......................................... : .............................................. 54
4.2.11 Mineral and Petroleum Exploration ............................................................... 55
4.2.12 Mineral Working ............................................................................................ 55
4.2.13 Forest Resources and Trees ........................................................................ 55
4.2.14 Utilities .......................................................................................................... 55
4.2.15 Provision for the Disabled and Elderly .......................................................... 56
4.2.16 Highway Building Control Lines .................................................................... 56
4.3 General Environmental Policies ............................................................................... 56
4.3.1 General Environment. ..................................................................................... 56
4.3.2 Soils and Drainage .................................................................. : ...................... 57
4.3.3 Watercourse and Wetland Protection ............................................................. 57
4.3.4 Unstable Geology and Soils ........................................................................... 57
4.3.5 Shorelines ....................................................................................................... 57
4.3.6 Steep and Unstable Slopes ............................................................................ 57
4.3.7 Storm Drainage ............................................................................................... 58
4.3.8 Habitat Conservation ...................................................................................... 58
4.3.9 Climate Change ............................................................................... : .............. 58
4.3.10 Humber Canal Protected Water Supply Area ............................................... 58
4.3.11 Use of Discretionary Authority ...................................................................... 59
4.4 Infrastructure Policies .............................................................................................. 59
4.4.1 Water Supply System ..................................................................................... 59
4.4.2 Sanitary Sewer System .................................................................................. 59
4.4.3 Stormwater Management ............................................................................... 59
4.4.4 Water and Sewer Requirements for New Development.. ............................... 59
4.5 Transportation Policies ............................................................................................ 59
4.5.1 Consideration of Environmental Impacts ........................................................ 59
4.5.2 Arterial Roads ................................................................................................. 59
4.5.3 Collector Roads .............................................................................................. 60
4.5.4 Local Streets ................................................................................................... 60
4.5.5 Street Design and Construction ...................................................................... 60
4.5.6 Provision for the Disabled and Elderly ............................................................ 61
5.0
LAND USE DESIGNATIONS ............................................................................................ 62
5.1 Conservation ............................................................................................................ 62
5.1.1 Land Use Zones ............................................................................................. 62
5.1.2 Environmental Protection Zone ...................................................................... 63
5.1.3 Protected Watershed Zone ............................................................................. 64
5.1.4 Floodway Zone ............................................................................................... 64
5.2 Residential ............................................................................................................... 65
5.2.1 Guiding Principles ........................................................................................... 65
5.2.2 Land Use Zones ............................................................................................. 65
5.2.3 Residential Medium Density Zone .................................................................. 66
5.2.4 Residential High Density Zone ....................................................................... 67
5.2.5 Residential Mini Home Zone ........................................................................... 67
5.2.6 Residential Floodway Fringe Zone ................................................................. 68
5.2.7 Rural Community Zone ................................................................................... 68
5.3 Town Centre ........................................................ : ................................................... 69
5.3.1 General Intent ................................................................................................. 69
5.3.2 Compatibility of Uses ...................................................................................... 69
5.3.3 Guiding Principles ........................................................................................... 70
5.3.4 Use of Discretionary Authority ........................................................................ 70
5.3.5 Town Centre Zone .......................................................................................... 70
5.4 Commercial-Industrial .............................................................................................. 71
5.4.1 General Intent ................................................................................................. 71
5.4.2 Compatibility with Neighbouring Use .............................................................. 71
5.4.3 Off-Street Parking and Loading ...................................................................... 71
5.4.4 Design and Appearance of Properties ............................................................ 71
5.4.5 Area Plan ........................................................................................................ 71
5.4.6 Land Use Zones ............................................................................................. 72
5.4.7 Commercial General Zone .............................................................................. 72
5.4.8 Commercial-Light Industrial Zone ................................................................... 73
5.4.9 Commercial Highway Zone ............................................................................. 73
5.4.10 Tourism Recreation Zone ............................................................................. 7 4
5.4.11 Industrial General Zone ................................................................................ 75
5.5 Public Use ................................................................................................................ 75
5.5.1 General Intent ................................................................................................. 75
5.5.2 Public Use Zone ............................................................................................. 76
5.6 Open Space ............................................................................................................. 76
5.6.1 General Intent ................................................................................................. 76
5.6.2 Open Space Zone ........................................................................................... 76
5.7 Airport ...................................................................................................................... 77
5. 7. 1 General Intent ................................................................................................. 77
5.7.2 Airport Zone .................................................................................................... 77
5.8 Utility ........................................................................................................................ 77
5.8.1 General Intent ................................................................................................. 77
5.8.2 Utility Zone ...................................................................................................... 77
5.9 Highway Corridor ..................................................................................................... 78
5. 9 .1 General Intent ................................................................................................. 78
5.9.2 Highway Corridor Zone ................................................................................... 78
5.10 Rural ........................................................................................................................ 78
5.10.1 General Intent ............................................................................................... 78
5.10.2 Land Use Zones ............................................................................................ 78
5.10.3 Mineral Working Zone ................................................................................... 79
5.10.4 Rural Zone .................................................................................................... 79
6.0
IMPLEMENTATION .......................................................................................................... 81
6.1 Administration of the Plan ........................................................................................ 81
6.1.1 Map Interpretation ........................................................................................... 81
6.1.2 Development Applications .............................................................................. 81
6.1.3 Subdivision Proposals and Agreements ......................................................... 82
6.1.4 Non-Conforming Uses .................................................................................... 82
6.2 Public Participation .................................................................................................. 83
6.3 Development Regulations ........................................................................................ 83
6.3.1 Council Responsibility ..................................................................................... 83
6.3.2 Content ........................................................................................................... 83
6.4 Development Control ............................................................................................... 84
6.4.1 Municipal Plan is Binding ................................................................................ 84
6.4.2 Council Responsibility ..................................................................................... 84
6.4.3 Subdivision and Development Applications .................................................... 84
6.4.4 Right to Appeal ............................................................................................... 84
6.4.5 Provincial and Federal Referrals .................................................................... 84
6.5 Amending the Municipal Plan and Development Regulations ................................. 84
6.5.1 Municipal Plan Amendment ............................................................................ 84
6.5.2 Stand-Alone Amendment to the Development Regulations ........................... 84
Deer Lake Municipal Plan, 2019-2029
Page I
1.0
INTRODUCTION
1.1
Purpose of the Municipal Plan
The Deer Lake Municipal Plan is a comprehensive policy document to manage development and
growth within the Deer Lake municipal planning area over the ten-year planning period 2019-29.
The Plan repeals and replaces the Deer Lake Municipal Plan 2004-2014. This document has
been prepared in compliance with the Urban and Rural Planning Act 2000, (also referred to as
the Act).
The Plan was drafted following a comprehensive review of the former Municipal Plan and
Development Regulations and consultations with Council, residents, and appropriate government
agencies. Relevant planning issues have been reviewed as required under the Act, including a
study of land use, population change, economic and social issues, transportation, municipal
services, and environmental issues.
1.2
Plan Preparation
This Municipal Plan reflects the review of land use, environmental, demographic, social, and
economic issues, consultations with Town Councillors and staff, and public comments received
through the community participation process.
The Plan guides the future growth and physical improvement of the Town by identifying locations
and policies for various types of land use development. The Municipal Plan provides the basis
for the Land Use, Zoning, and Subdivision Regulations (generally referred to as the Development
Regulations), which Council will administer through subdivision approvals and development
permits. The Municipal Plan authorizes Council to prevent the undertaking of any development
that contravenes a policy stated in the Municipal Plan.
1.3
Contents of the Municipal Plan
The Municipal Plan, comprising this document and the accompanying Future Land Use Maps,
constitutes a legal document pursuant to the Urban and Rural Planning Act 2000. It contains:
-
The aims of Council (goals and objectives).
-
Land use policies for future development.
-
Future Land Use maps, which allocate land for future development, environmental
protection, and natural resource uses.
The Background Report in Section 2.0 describes conditions in the town at the time the Municipal
Plan was prepared and provides the rationale behind policies contained in the Municipal
Plan. The Background Report does not form part of the legal document.
1.4
Municipal Plan Administration
After Ministerial approval of the Deer Lake Municipal Plan was published in the Newfoundland
and Labrador Gazette, the Plan became binding upon Council and all other persons, corporations
and organizations.
Council administers the Municipal Plan by carrying out the Plan's
policies. This is done in several ways:
-
By preparing and implementing the Development Regulations,
Baird Planning Associates
Deer Lake Municipal Plan, 2019-2029
Page2
-
By issuing development permits to applicants wishing to subdivide land, erect a building,
or change the use of a building or land, or conversely, refusing to issue permits for
developments that are not in accordance with the Plan, and
-
By adopting or approving development schemes, concept plans, comprehensive plans,
and so forth.
In accordance with Section 25 of the Act, Council may make amendments to this Plan and
Development Regulations at any time. Amendments will be brought into effect by the same
process used to bring the Municipal Plan into effect. Sections 14 to 25 apply to an amendment
to the plan and development regulations.
1.5
Interpretation
In this Municipal Plan:
-
"Council" means the Council of the Town of Deer Lake.
-
"Development Regulations" mean the Deer Lake Land Use Zoning and Subdivision
Regulations.
-
"Municipal Planning Area" means the Deer Lake Municipal Planning Area.
-
"Town" means the Town of Deer Lake.
The boundaries between the different land use designations in the Municipal Plan are meant to
be general, except where the boundary is delineated by a road or other prominent feature in which
case it defines the exact limits between each designation.
Nothing in the Plan will affect the continuance of land uses that were lawfully established on the
date that this Plan came into effect.
Baird Planning Associates
Deer Lake Municipal Plan, 2019-2029
Page3
2.0
BACKGROUND REPORT
2.1
Geographical Setting
The Deer Lake Planning Area includes two communities - the Town of Deer Lake itself and
the community of St. Jude's, which is incorporated as a Local Service District. As shown in
Exhibit 2.1, the town is located at the north end of Deer Lake at the juncture of the Trans
Canada Highway and the Great Northern Peninsula Highway. By road the town lies 51
kilometres east of Corner Brook, 33 kilometres south of Gros Morne National Park, 419 south
of St. Anthony, and 214 kilometres west of Grand Falls-Windsor.
South
Head\
Lark
Harbour
l.
Exhibit 2.1 Regional Setting
Baird Planning Associates
Deer Lake Municipal Plan, 2019-2029
Page4
Deer Lake is one of the province's primary gateways and the transportation hub for Western
Newfoundland. Deer Lake Airport is the largest and busiest airport in the region. The town is
strategically located at the crossroads of the Trans Canada Highway serving points east and
west and the Great Northern Peninsula Highway serving Gros Marne National Park, Bonne
Bay, and communities farther north.
Deer Lake is also a provincial hub outdoor sports including hunting, fishing, hiking,
snowmobiling, and ATV travel. The Newfoundland T'Railway linear park traverses the Planning
Area for approximately 20 kilometres. The town also has a network of local hiking and multi-
use trails, connecting to a wider network of regional trails.
Exhibit 2.2 Local Setting
Baird Planning Associates
Deer Lake Municipal Plan, 2019-2029
Pages
Exhibit 2.3: Deer Lake Municipal Planning Area
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Deer Lake Municipal Plan, 2019-2029
Page 6
2.2
Population and Housing
2.2.1 Current and Historical Population
Exhibits 2.4 and 2.5 profile Deer Lake's population change over the period 1991-2016. They
compare the Town's population change with two benchmarks - Economic Zone 8, the region
of which Deer Lake is a part, and the province as a whole.
After a period of negative growth in the 1990's, Deer Lake's population began a modest
recovery after 2001 . The town's population of 5,249 in 2016 represented a growth of 8. 7% from
2006, reversing a decline of similar magnitude over the preceding decade. This strong growth
can be attributed in part to the strong provincial economy driven by high oil and commodity
prices and the corresponding construction boom. It can also be attributed to Deer Lake's
expanding role as a regional service centre and transportation hub for Western Newfoundland
and the Northern Peninsula.
Exhibit 2.4
Population Change - Deer Lake and Benchmarks
(Source: Census Profiles & NL Statistics Agency)
Deer Lake
Zone 8
NL
Census Population
1991
5,161
46,430
568,474
1996
5,222
45,140
551,792
2001
4,769
41 ,328
512,980
2006
4,827
41,308
505,470
2011
4,995
41,867
514,536
2016
5,249
42,931
519,716
5-Year Population Change
1991-96
1.2%
-2.8%
-2.9%
1996-01
-8.7%
-8.4%
-7.0%
2001-06
+1.2%
0.0%
-1.5%
2006-11
+3.5%
+1.4%
+1 .8%
2011 -16
+5.1 %
+2.5%
+1.0%
25-Year
+1.7%
-7.5%
-8.6%
Change
Despite its strong recent growth, the town's 2016 population of 5,249 exceeded its 1991
population by only 88 residents. However, while the 25-year growth rate was only 1.7%, this
far outperformed the regional and provincial populations, which saw losses of 7.5% and 8.6%
respectively over the same timeframe.
Baird Planning Associates
-
Deer Lake Municipal Plan, 2019-2029
Exhibit 2.5
Population Change from 1991
Deer Lake & Benchmarks
-
Deer Lake -
zone 8 -
NL
Page 7
Population change is a consequence of two factors: (1) natural change or births minus deaths
plus (2) net migration into or out of the community. Exhibit 2.6 shows the components of Deer
Lake's population change in the years 2009-2014. The net gain of 310 residents resulted from
a combined loss of 5 residents through natural change with a gain of 315 residents through net
migration. Over the same period, the province's growth of 2.1 % combined a virtually zero
percent natural change with significant net in-migration.
Exhibit 2.6
Components of Deer Lake Population Change, 2009-14
(Source: Community Accounts - Tax Filer Indicators)
Year
Population
Population
Births
Deaths
Natural
Net
Start
End
Change Migration
2009
4,990
5,020
35
40
-5
35
2010
5,020
5,150
60
40
20
110
201 1
5,150
5,160
50
55
-5
15
2012
5,160
5,070
45
55
-10
-80
2013
5,070
5,260
35
40
-5
195
2014
5,260
5,300
50
50
Q
40
Total
310
275
280
-5
315
Chanae
(6.2%)
(-0.1%)
(6.3%)
Baird Planning Associates
Deer Lake Municipal Plan, 2019-2029
Page8
2.2.2 Age Structure
Exhibit 2.7 profiles the median age of Deer Lake's population from 2001 to 2016 and draws a
comparison with the census region of which it is a part, the province, and the country. Similar
to the benchmarks Deer Lake's population is getting older. Its 2016 median age of 47.6
compared to 48.0 in the surrounding region, 46.0 provincially, and 41 .2 nationally. From 2001
to 2016, its median age increased by a margin of 8.2 years compared to 7.9 in the region, 7.6
in the province, and 3.6 in the country. As of 2016 the town's median age was 0.4 years
younger than the region, 1.6 years older than the province, and 6.4 years older than the
country.
Exhibit 2.7
Median Age - Deer Lake & Benchmarks
(Source: Census Profiles)
Median Age of Population
Deer
Division
NL
Canada
Lake
No. s·
2001
39.4
40.1
38.4
37.6
2006
42.8
43.1
41 .7
39.5
2011
45.5
45.6
44.0
40.6
2016
47.6
48.0
46.0
41.2
·Note - The regional median age was derived from Census Division No. 5,
of which Deer Lake is a part. The median age data for Zone 8 is not available.
Exhibits 2.8 and 2.9 illustrate changes in Deer Lake's age structure over the quarter century
1991-2016. While the population as a whole increased by 75 residents, there was wide
variation between the younger and older age groups. The 0-19 and 20-44 age groups fell by
475 and 555 respectively, while the 45-64 age group increased by 525 and the 65+ age group
increased by 580. In proportional terms, the 0-19 age group dropped from 29.8% of the total in
1991 to 20.3% in 2016 while the 20-44 age group dropped from 37.4% to 26.3%. In contrast
the 45-64 age group climbed from 20.7% to 30.4% and the 65+ age group climbed from 12.1%
to 23.0%
Exhibit 2.8
Deer Lake Age Distribution, 1996-2016
'Source: Census Profiles)
Age
Group
1996
2001
· 2006
2011
2016
0-1 9
1545
1250
1140
1090
1070
29.8%
26.2%
23.6%
21.9%
20.3%
20-44
1940
1550
1465
1360
1385
37.4%
32.5%
30.3%
27.3%
26.3%
45-64
1075
1250
1445
1585
1600
20.7%
26.2%
29.9%
31.8%
30.4%
65+
630
715
785
950
1210
12.1%
15.0%
16.2%
19.1%
23.0%
Total
5190
4765
4835
4985
5265
100.0%
100.0%
100.0%
100.0%
100.0%
Baird Planning Associates
Deer Lake Municipal Plan, 2019-2029
1996
2.2.3
Population Forecast
Exhibit 2.9
Deer Lake Age Distribution
1991-2016
2001
2006
2011
2016
Page 9
-
0-19
-
20-44
-
45-64
Deer Lake is the second largest community in Zone 8, comprising 12.2% of its population in
2016. As illustrated previously, town's population grew by 1.7% over the 1991-2016 period
while Zone 8 as a whole experienced a population loss of 7.5% and Corner Brook had a loss
of 11.6%.
The NL Statistics Agency provides population projections to 2036 for the province and each
economic zone. These projections are based on low, medium, and high scenarios. Over the
next four census periods, both the low and high projections for Zone 8 show the population
declining in each five-year period from 2016 to 2036 under each scenario.
Exhibit 2.10 provides the calculated population forecast for Deer Lake as derived from
government's low and high projections for Economic Zone 8. It assumes that the average five-
year rate of change in Deer Lake will be 2.1 percent higher than the five-year projected rates
for Zone 8. This is the approximate differential between Deer Lake and Zone 8's population
change over the previous 25 years.
As shown in Exhibit 2.10 and graphically in Exhibit 2.11, Deer Lake's population is forecast to
remain stable over the next twenty years. The projected growth from 2016 to 2036 ranges from
a low of 25 to a high of 353.
Baird Planning Associates
Deer Lake Municipal Plan, 2019-2029
Exhibit 2.10
Population Forecast
(Derived from Department of Finance population projections
(http://economic.qov.nl.ca/ooo-oroiections.aso)
Historical Chane e: 1996-2016
Pooulation
Chance
Percent
1996
5,222
2001
4,769
-453
-8.7%
2006
4,827
58
1.2%
2011
4,995
168
3.5%
2016
5,249
254
5.1%
20-Yr
ChanQe
27
0.5%
Low Scenario Forecast
HiQh Scenario Forecast
2021
2026
2031
2036
20-Yr
Chance
5,700
5,600
5,500
5,400
5,300
5,200
5,100
5,000
Pooulation
5,218
5,233
5,327
5,274
2016
Chance
Percent
Pooulation
-31
-0.6%
5,254
16
0.3%
5,349
94
1.8%
5,536
-53
-1.0%
5,602
25
0.5%
Exhibit 2.11
Deer Lake Population Forecast
--
~
___,
-
~
~
2021
2026
2031
-
Low Scenario
-
High Scenario
Baird Planning Associates
Chance
Percent
5
0.1%
95
1.8%
187
3.5%
66
1.2%
353
6.7%
-
2036
Page JO
Deer Lake Municipal Plan, 2019-2029
Page 11
2.2.4
Housing
Change in housing needs in a community is driven by two factors - population change and
change in average household size. Exhibit 2.12 compares actual changes in Deer Lake's
population and its housing stock from 1996 to 2016. It shows a population growth of 27
residents alongside a housing growth of 439 units. While the population increased by only
0.5%, the number of dwelling units increased by 25.5%. This impressive housing growth
resulted almost entirely from the drop in the population/dwellings ratio from 3.03 in 1996 to 2.43
by 2016.
Exhibit 2.12
Housin~ Inventory 1996 - 2016 (Census Profiles)
Occupied
Population
Population
per
Dwellings
Dwelling
1996
5,222
1,725
3.03
2001
4,767
1,710
2.79
2006
4,827
1,809
2.67
2011
4,995
1,981
2.52
2016
5,247
2,164
2.43
20-Year Change
27
439
-0.60
0.5%
25.5%
-19.8%
According to Statistics Canada, the shift to smaller households is part of a long-term trend
driven by demographic and societal changes .. For example, from 1961 to 2011 the average
number of children per family dropped from 2.7 to 1.9. Single-person households and couples-
without-children households both now outnumber couples-with-children households.
Exhibit 2.13 provides a forecast of Deer Lake's housing needs based on the low and high
scenarios of population change provided in Exhibit 2.10. It assumes that average household
size will decline at a rate 0.1 persons per household in each five-year interval, similar to the
rate of change from 2001 to 2016. Under the low scenario, there will be
a need for
approximately 434 units over the next twenty years for an average of about 22 units per year.
Under the high scenario, there will be a need for 596 units for an average of about 30 units per
year.
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Deer Lake Municipal Plan, 2019-2029
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Exhibit 2.13
Housing Growth Forecast, 2016-36
Population
Dwelling
Forecast
Population
per Dwelling
Units
Change
Unit
Existing
2016
5,249
2.43
2,164
Forecast - Low Scenario
2021
5,218
2.33
2,240
76
2026
5,233
2.23
2,347
107
2031
5,327
2.13
2,501
154
2036
5,274
2.03
2,598
97
20-Year
-0.40
434
Change
Forecast - High Scenario
2021
5,254
2.33
2,255
91
2026
5,349
2.23
2,399
144
2031
5,536
2.13
2,599
200
2036
5,602
2.03
2,760
161
20-Year
-0.40
596
Chanqe
Exhibit 2.14 profiles Deer Lake's occupied housing stock by dwelling type. It shows that
detached dwellings make up over three-quarters of total dwellings. Surprisingly this proportion
actually increased over the 2006-16 period. Of the net increase of 360 units over the period,
detached units comprised 285 units or 79.9%. This proportional increase is in slight contrast to
the provincial trend where detached housing remained steady at about 73 percent of the total
over this period.
A recent trend in Deer Lake is the development of mini-homes, which Statistics Canada defines
as "movable dwellings." None were counted in the 2006 Census, but 60 were in the 2016
Census. These mini-homes were developed in two new subdivisions - Boulos Place and
Woodford Drive.
Exhibit 2.14
Housing by Dwelling Type 2006-16
(Source: Census Profiles)
2006
2016
Change 2006-16
Number Percent Number Percent Number
Percent
Single Detached
1,405
77.8%
1,690
78.1%
285
0.3%
Semi Detached
160
8.9%
120
5.4%
-40
-3.5%
Row House
30
1.7%
60
2.8%
30
1.1%
Apartment
170
9.4%
225
10.4%
55
1.0%
Other Attached
40
2.2%
10
0.5%
-30
-1 .7%
Movable
60
2.8%
60
2.8%
Total
1,805
100.0%
2,165
100.0%
360
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Exhibit 2.15 shows that rental housing experienced a proportional increase over the 2006-16
period. Whereas there were 425 rental units in 2006, this increased to 600 units or by 41.1 %
by 2016. This can probably be attributed, at least in part, to increasing provision of senior's
rental housing in the town.
Exhibit 2.15- Owned versus Rented Housing, 2006-16
(Source: Census Profiles)
2006
2016
Change 2006-16
Number Percent Number Percent Number Proportional
Change
Owner
1,385
76.5%
1,565
72.3%
180
-4.2%%
Occupied
Renter
425
23.5%
600
27.7%
175
4.2%
Occupied
Total
1,810
100.0%
2,165
100.0%
2.3
Agency Comments
2.3.1
Water Resources Division (Municipal Affairs and Environment)
Under the authority of the Water Resources Act, the Water Resources Management Division
is responsible for the management of the water resources of the province. The WRMD has
programs to protect, enhance, conserve, develop, control, and effectively utilize the water
resources of the province.
-
Water Resources Act -
http://assembly.nl.ca/Legislation/sr/statutes/w04-01 .htm
-
Water Resources Division (WRMD)
http://www.env.gov. nl .ca/env/waterres/index. html
General Comments
-
Any effluent or runoff leaving the site will be required to conform to the requirements of
the Environmental Control Water and Sewage Regulations, 2003.
http://assembly.nl.ca/Legislation/sr/regulations/rc030065.htm
-
Application forms for permits and licenses, fee schedules, and guidelines are available
at www.env.qov.nl.ca/env/waterres/regulations/appforms/index.html
Work in a Body of Water
-
Proponents must apply for and obtain a permit under the Water Resources Act,
specifically Section 48, for any work in any body of water (including wetlands) prior to
the start of construction.
Contact: Manager, Water Rights & Investigations Section - (709) 729-4795.
Section 48 - http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm
-
The Water Resources Management Division no longer requires permits under Section
48 of the Water Resources Act for works within 15 meters of water bodies (including
wetland). The Regional Crown Lands office should be consulted to determine if work is
being completed within a Crown Lands reservation (may be around waterbodies,
streams, lakes, ponds, coastal areas, etc.)
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-
The Water Resources Management Division generally does not recommend approval
for the construction of residential (single dwelling or subdivision) properties, especially
if un-serviced, within wetland areas. There is a risk that adjacent properties could have
water quality or quantity issues from these developments. As well, the Water Resources
Management Division does not recommend approval for the infilling of water bodies for
residential development, nor the diversion of streams to accommodate residential
development.
Work Near or in a Body of Water (Within Flood Risk Area)
-
The Deer Lake municipal planning area overlaps designated flood risk areas in some
places. Therefore, proponents must apply for and obtain a permit under the Water
Resources Act, 2002, specifically Section 48 for any work within any designated flood
risk area prior to the start of construction.
http://assembly.nl.ca/Legislation/sr/statutes/w04-01 . htm
-
Also, any work within these designated flood risk areas must comply with this
Department's
Policy
for
Flood
Plain
Management.
http://www.env.gov.nl.ca/env/waterres/regulations/policies/flood_plain.html
Contact: Manager, Hydrologic Modeling Section - (709) 729-2295
Wharf/Boathouse/Slipway/Breakwater
-
A permft under the Water Resources Act, 2002, specifically Section 48 is no longer
required for the applied structures. However, proponents must follow the guidelines for
the Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses
which are available at:
www.env.gov. nl .ca/env/waterres/regulations/appforms/Guidel i nes _for_ Wharves.pdf
-
Proponents must apply for and obtain a permit under of the Water Resources Act,
specifically Section 48 for any infilling or dredging work associated with these structures
or other works in any body of water prior to the start of construction.
Contact: Manager, Water Rights & Investigations Section - (709) 729-4795.
Development in Protected Public Water Supply Area
-
Proponents must apply for and obtain a permit under the Water Resources Act,
specifically Section 39 for proposed developments within the Humber Canal Protected
Water Supply Area. Also, any work within this designated Protected Public Water Supply
Area must comply with this Department's Policy for Land and Water Related
Developments in Protected Public Water Supply Areas.
Contact: Environmental Scientist, Drinking Water Section - (709) 729-1157
Development in Protected Public Water Supply Area
-
Prior to the start of construction, A proponent must apply for and obtain a permit under
the Water Resources Act, 2002, specifically Section 39 for the proposed development
within the Humber Canal Protected Public Water Supply Area servicing the Community
of Deer Lake.
http://assembly.nl.ca/Legislation/sr/statutes/w04-01. htm
-
Also, any work within this designated Protected Public Water Supply Area must comply
with this Department's Policy for Land and Water Related Developments in Protected
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Public Water Supply Areas.
http://www.env.gov. nl. ca/env/waterres/regulations/policies/water _related. html. Contact:
Manager, Drinking Water & Wastewater Section - (709) 729-4048
-
The municipal planning area takes in only a portion of the Humber Canal protected
public water supply area.
Pollution Prevention
-
All activities associated with this project are subject to the Environmental Protection Act
(EPA) and the Water Resources Act (WRA) and their regulations.
-
The following comments highlight the pertinent issues of these acts and regulations and
the PPD's policies and guidelines.
Environmental Protection Act, Part IV - Waste Disposal and Litter
-
Waste receptacles shall be installed at all active areas for use by workers.
-
All waste material shall be considered, prior to disposal, for reuse, resale or recycling.
-
Waste materials not reused, resold or recycled, shall be disposed at an approved waste
disposal site, provided the owner/operator is willing to accept such waste and the local
Service Newfoundland and Labrador (SNL) has agreed with the disposal of the waste
materials at the site.
Environmental Protection Act, Part VI - Air Quality Management
- All activities associated with this proposal are subject to Air Pollution Control
Regulations, 2004.
http://assembly.nl.ca/Legislation/sr/regulations/rc040039.htm
- Schedule E of the regulations prohibits the open burning of tires; plastics; treated
lumber; asphalt and asphalt products; drywall; demolition waste; hazardous waste;
biomedical waste; domestic waste; trash, garbage, or other waste from commercial,
industrial or municipal operations; manure; rubber; tar paper; railway ties; paint and
paint products; fuel and lubricant containers; used oil; animal cadavers; hazardous
substances; materials disposed of as part of the removal or decontamination of
equipment, buildings or other structures.
Environmental Protection Act, Part IX - Pesticides
- All pesticide purchase, storage, and use is subject to compliance with the Pesticides
Control Regulations, 2012.
http:! /assembly .nl .ca/Legislation/sr/regulations/rc 120026.htm.
- The regulations stipulate that an applicator must be licensed for the class of pesticide
which is intended to be applied. Also, the regulations stipulate that an operator cannot
purchase pesticides without the appropriate license(s).
- If the use of a pesticide(s) is required (e.g. for the control of insects, diseases, weeds,
vegetation), the Pesticides Control Section must be notified at (709) 729-2565.
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Environmental Protection Act
Storage and Handling of Gasoline and Associated Products Regulations
-
Petroleum storage and handling, associated with construction and operation of this
project/facility, shall be in compliance with the Storage and Handling of Gasoline and
Associated
Products
Regulations,
2003,
as
amended,
http://assembly.nl.ca/Legislation/sr/regulations/rc030058.htm.
-
All petroleum storage tanks shall be registered with Service NL in accordance with the
GAP Regulations and all leaks/spills must be reported to the 24-Hour Environmental
Emergency Spill Line at 709-772-2083 or 1-800-563-9089.
-
Oils, greases, diesel, gasoline, hydraulic and transmission fluids should be stored at
least 100 m from any body of water. Refueling and maintenance activities should also
occur at least 100 m from any body of water and on level terrain.
-
An environmental emergency contingency plan must be developed for all storage tank
systems. This plan details information regarding the location of spill response
equipment and a trained contractor, in the event of a spill.
Environmental Protection Act - Used Oil Control Regulations
- The proponent shall comply with the Used Oil Control Regulations.
http ://assembly. n I. ca/Leg isl a tion/sr/regu lations/ rc020082. htm.
- Waste oils and used lubricating oil shall be retained in a tank or closed container and
disposed of by a company licensed for handling and disposing of used oil products.
Environmental Protection Act - Halocarbon Regulations
- Any use of regulated substances, for example in fire suppression systems, associated
with
the
proposed
activity
is
subject
to
the
Halocarbon
Regulations.
http://assembly.nl.ca/Legislation/sr/regulations/rc050041 .htm.
Water Resources Act - Environmental Control Water and Sewage Regulations
- All waters discharged from the proposed site, during construction and operation, are
subject to compliance with the Environmental Control Water and Sewage Regulations,
2003.
http ://assembly. n I. ca/Legisl ation/sr /reg ulations/rc03006 5. htm.
- Should compliance monitoring be necessary, it will be subject to the departmental
Accredited Laboratory Policy. PD:PP2001-01 .2.
Constructing a Non-Domestic Well
-
In the event any development that is not a single family home is considered and to be
serviced by a groundwater well, the proponent must apply for and obtain a Permit for
Constructing a Non-Domestic Well under the Water Resources Act, specifically Section
58 for new drilled well(s) along with following necessary groundwater monitoring
requirements prior to the start of construction. Contact: Manager, Groundwater Section
- (709) 729-2539
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Unserviced Subdivisions
-
In the event residential development were to occur within this Planning Boundary of
greater than four (4) lots, the proponent will be required to complete a Level I
Groundwater Assessment as per the Department of Environment and Conservation's
Guidelines: Groundwater Supply Assessment and
Reporting
Guidelines for
Subdivisions Serviced by Individual Private Wells.
These guidelines require a Level II Groundwater Assessment in the event of known
water quality issues. A completed report must be submitted, reviewed and approved by
this Department prior to any permitting by Service NL for waste disposal or septic
systems within the proposed subdivision.
-
A proposed subdivision greater than 4 lots requires a Level I Groundwater Assessment.
For proposed subdivisions between 5 to 14 lots, if a Level I Groundwater Assessment's
findings recommend a Level II Groundwater Assessment this Department may request
a Level II Groundwater Assessment be undertaken. A proposed subdivision of greater
than 14 lots requires both a Level I and a Level II Groundwater Assessment.
A Level I Groundwater Assessment generally will consist of a description of the
hydrogeology, site characterization, and description of sustainable groundwater quality
and quantity for the area. A Level II Groundwater Assessment will require the information
in a Level I Groundwater Assessment and additional information as outlined in the
Guidelines. Additional data includes information obtained from test well installation(s)
and water quality testing. Contact: Manager, Groundwater Section - (709) 729-2539.
2.3.2
Office of Climate Change and Energy Efficiency
-
Climate change is expected to result in more precipitation and more frequent extreme
weather events that may result in increased flooding, sea surge and coastal erosion.
These factors should be considered when allocating land for future developments that
are in close proximity to a river, floodplain or coastline.
-
CCEE suggests that provincial climate change projections for Nain be considered in
development stages. These projections suggest that extreme precipitation events will
become more intense. For example:
o
On a 24-hour basis, a 1-in-100 year storm is expected to bring 102 mm of
precipitation by mid-century, an increase from the current 87 mm (17% growth);
o
On a 12-hour basis, a 1-in-100 year storm is expected to bring between 79 mm of
precipitation by mid-century, an increase from the current 69 mm (15% growth).
- More information on climate data can be provided by contacting Jennifer Forristall-Prim
(729-1485) or at the following link:
http://www.exec.qov.nl.ca/exec/ccee/publications/idf curve 2015.pdf
See page C- 47 for current climate and page D-5 for projected climate.
- Further, CCEE suggests that coastal erosion and sea-level rise data be utilized in
development stages. Information is available at the following links:
o Coastal Erosion:
http://www. n r. gov. nl. ca/nr/mi nes/geoscience/p ubl ications/cu rrentresearch/2015/1 r
vine-2015.pdf
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o Sea-level rise:
http://www.nr.gov.nl.ca/mines&en/geosurvey/publications/CR2010/2010_Batters
on-
Liverman. pdf
-
Recent updates (Section 9.36) to the National Building Code now include energy
efficiency requirements for new buildings. Municipalities must comply with these new
energy efficiency requirements for new developments within the municipality.
2.3.3
Newfoundland and Labrador Hydro
-
NL Hydro must maintain access to our lines for maintenance, repairs and upgrades.
There are to be no buildings or other developments in the transmission line or
distribution line right of ways. Hydro has a strict policy of not approving developments
in our right of ways and we will enforce our right of ways/easements.
-
Hydro will not provide service to facilities, building, etc in our right of ways and reserves
the right to remove any buildings that impede our upgrade, maintenance or repair work.
Any costs to remove impediments will be at the owners' expense.
-
For any new developments, Hydro asks that the town or the developer contact us prior
to construction so as to identify any issues or conflicts that may arise. Developers need
to provide Hydro with easements for electrical services and new development plans
should show the easement for electrical service.
-
Requests for access roads underneath transmission lines must be made to Hydro by
contacting our customer services department.
-
Hydro will obtain any necessary permits required for activity within the planning area.
2.3.4 Provincial Archaeology Office
-
The Provincial Archaeology Office (PAO) has reviewed the above referral. Evidence of
cultures such as Maritime Archaic Indian, Palaeoeskimo and Recent Indian has been
confirmed in the Deer Lake/Upper Humber Area. To date there are six (6) known
archaeological sites in this area and there is potential for others to be discovered. Due
to the known archaeological sites and the potential for other sites to be found within the
Town of Deer Lake, the PAO requests that all plans for construction within the town be
forwarded to this office for review prior to commencement.
-
In the event that archaeological resources are discovered, contact should be made with
the PAO immediately for further direction.
2.3.5 Provincial Parks (Tourism, Culture, Industry and Innovation)
-
The Newfoundland and Labrador T'Railway Provincial Park
transects the
planning area. The T'Railway Provincial Park is protected under the Provincial
Parks Act and the Provincial Parks Regulations. Note that the protected area (i.e.
T'Railway Provincial Park boundary) extends beyond the former railbed surface. In
this location, the Park boundary extends 50 feet (15.24 metres) on either side of the
centreline of the rail bed and runs parallel on each side of the centerline of the old railway
bed, for a total Park boundary width of 100 feet (30.48 metres).
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-
The Provincial Parks Regulations S. 10 prohibits operation of motor vehicles and four-
wheel drive vehicles in the Newfoundland and
Labrador T'Railway Provincial
Park
except
under
the
authority
of
a
Temporary
Vehicle
Access
(TV A) Permit issued by the Minister of Municipal Affairs and Environment.
-
A Construction and Use (C&U) Permit is required if any planned activities will disturb
the natural state of the T'Railway (e.g., upgrading the railbed surface; constructi
ng a
driveway, road crossing, or building; removal of trees, etc). TVA and C&U
Permits may be requested by contacting the Parks and Natural Areas Division at (709)
637-2040 or by emailing [email protected]. Requests should be received six to eight
weeks prior to commencement of the project.
-
The
Provincial
Parks
Act
and
Regulations
can
be
viewed
online
at:
http://assembly.nl.ca/Legislation/sr/statutes/p32.htm
http://www.assembly.nl.ca/Legislation/sr/regulations/rc970091 .htm 6
2.3.6
Mines and Energy Division (Natural Resources)
- The Mines Branch, Department of Natural Resources, regulates quarrying, mineral
exploration, and mining within the province. Quarrying (generally referred to 'mineral
workings' in municipal and planning documents) and mineral exploration are
widespread activities throughout the province.
-
There are a number of past and present quarry sites within the Town of Deer Lake
Municipal Planning Area (MPA). Most of the quarry sites and the largest quarry sites
still operating are located in the northeast of the planning area on both sides of the
TCH. Those quarry sites located on the north side of the TCH at this location are within
a dedicated Mineral Workings zone. Most of the quarry sites located in the centre of the
MPA near built up areas are either closed or near closure. The remaining quarry sites
within the MPA that are still active (i.e. covered by a quarry permit) are either located
in the Rural or the Agricultural zone, both of which allow quarrying (i.e. mineral
workings) as a discretionary use. Information about known aggregate resources within
the MPA is provided under point 5 below.
-
There are currently no mineral licenses (within which mineral exploration may be carried
out) issued within the MPA. Historical exploration work in and immediately adjacent to
the planning area has mostly focused on the several recognized uranium occurrences
scattered near the northern boundary of the planning area (the Nichols Brook, Rocky
Brook, and Junction Brook occurrences), as well as a recognized chromite occurrence
on Lanes Brook. Recognized mineral occurrences located within the MPA are either
within the Rural or the Agricultural zone, both of which allow mineral exploration as a
permitted use.
-
The Mines Branch offers the following general advice to consider when drafting or
revising a Municipal Plan and Development Regulations, interspersed with commentary
(italicized) specific to the Town of Deer Lake and its current Municipal Plan and
Development Regulations:
1.
Mineral exploration and mineral workings should be defined separately. Mineral
workings refers to quarrying whereas mineral exploration refers to the search
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for mineral deposits. Mineral exploration ranges from hobby prospecting to
advanced techniques such as trenching and diamond drilling. Mineral
exploration generally has a much lower environmental impact than mineral
workings and should not be subject to the same set of municipal regulations and
zoning restrictions. Quarrying and mineral exploration are highly regulated
activities and the permitting process for each involves the municipality when the
proposed activity is located within a municipal planning area; we ask that
municipalities take this into account when developing their municipal plans and
development regulations. The following are summaries of how quarrying and
mineral exploration are regulated in the province:
(a) The Mineral Lands Division, Mines Branch, Department of Natural
Resources, administers the Quarry Materials Act, 1998, under which quarrying
may be approved by the issuance of either a quarry permit or lease. Quarry
permits are issued for no longer than one year and are not subject to renewal,
though the holder of a quarry permit one year gets the first opportunity to apply
for a quarry permit covering the same area next year. Once a quarried area is
no longer covered by a quarry permit, then the most recent quarry permit holder
is required as a condition of that permit to rehabilitate the site by re-sloping pit
sides and placing stockpiled organic materials back over the site. Quarry leases
are issued instead of quarry permits where a longer term need has been
demonstrated, are issued for a period no longer than 20 years, and require a
development and reclamation plan and the posting of financial assurance with
the Department of Natural Resources in an amount sufficient to complete the
reclamation work outlined in the plan should the company be unable to.
Development and closure plans and the amount of financial assurance are
reviewed and approved by the department and are required to be kept up to
date. All applications for quarry permits and leases for areas located within a
municipal planning area are referred to the municipality, in addition to other
government agencies, and terms and conditions are drafted to address any
specific concerns raised during the referral process. The Mineral Lands Division
has three regional quarry compliance officers who carry out inspections year-
round to ensure that the terms and conditions of quarry permits and quarry
leases are adhered to, including that rehabilitation, once due, is completed as
required. Should a town have concerns about any quarrying activity, whether
before or after the issuance of a quarry permit or lease, it should contact the
Mines Branch, Mineral Lands Division in order to have the concerns addressed.
(b) The Mineral Lands Division administers the Mineral Act under which mineral
licenses are issued and within the bounds of which mineral exploration may be
approved by the issuance of an "exploration approval". Exploration approvals
are generally issued for no longer than one year. Applications for exploration
approval involving areas within a municipal planning area and where the
activities proposed may involve ground disturbance, wildlife disturbance, water
quality impairments, or foreseeable land use conflict, are referred to the
municipality (in addition to other government agencies), and terms and
conditions are drafted to address any specific concerns raised during the referral
process. That being said, basic environmental requirements for mineral
exploration are already set out in the Mineral Regulations under the Mineral Act,
for example, that all excavated, stripped, and grubbed sites be rehabilitated by
backfilling or re-contouring, as appropriate, and then placing stockpiled organic
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materials back over the site. The Mineral Lands Division conducts inspections
year-round to ensure that the Mineral Regulations and the terms and conditions
of exploration approvals are adhered to, including that rehabilitation, once due,
is completed as required. Should a town have concerns about any mineral
exploration activity, whether before or after the issuance of an exploration
approval from the Department of Natural Resources to conduct the work, the
town should contact the Mines Branch, Mineral Lands Division in order to have
the concerns addressed.
- The current Development Regulations define mineral exploration and mineral
workings separately, however oil exploration is included under mineral
exploration which it should not be as the two activities almost never coincide,
are regulated by different pieces of legislation, and oil exploration and
extraction may be associated with potential environmental impacts that are
unique to those activities and which are completely unrelated to mineral
exploration or mining. For the same reasons, oil and natural gas extraction
should not be included in the definition of mining.
- Section 14(3) the current Development Regulations states that proponents of
mineral workings shall provide a financial guarantee or equivalent. Given,
however, that there exists provision for financial security under the Quarry
Materials Act, 1998, whether as a firm requirement for quarry leases or as a
potential condition of approval for quarry permits, in order to avoid regulatory
duplication, section 14(3) should contain a statement to the effect that
"financial security posted under a provision of the Quarry Materials Act, 1988,
shall be considered sufficient to meet this requirement."
2.
A distinction should be made between mineral exploration that is classed as
development and not classed as development. Mineral exploration that is not
classed as development by virtue of minimal or no visible impact (e.g.
prospecting, ground geophysical surveys, geochemical sampling surveys)
should be allowed anywhere in the planning area. Mineral exploration that is
classed as development (commonly defined as involving significant ground
disturbance or another conspicuous impact) should be at least a discretionary
use in all zones, provided that the work is subject to conditions appropriate to
the use zone and which address any other concerns specific to the location.
Section 2.12 of the current Municipal Plan and section 40 of the current
Development Regulations make the above distinction and provide for mineral
exploration to be permitted throughout the vast majority of the MPA subject to
certain limitations the reference to 'buggering' in 2.12 of the Municipal Plan
needs to be corrected).
Section 32(3) of the current Development Regulations requires a 300 m buffer
between mineral exploration classed as development and
residential
developments. The Town should reconsider this distance as a strict requirement
and instead select buffers on a case-by-case basis during its participation in the
exploration approval referral process described above.
Section 2.12(2)(c) of the current Municipal Plan and section 40(5) of the current
Development Regulations states in respect to mineral exploration that, "where
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there is to be ground disturbance, the developer shall provide a site restoration
surety and/or satisfactory guarantees of the site landscaping to the Town. "
The Town should reconsider this requirement given its involvement in the
exploration approval referral process described above and given that existing
regulations already require the full rehabilitation of sites disturbed in the course
of mineral exploration.
3.
Mineral exploration associated with mineral licenses (or mining leases or impost
lands) whose issuance date is earlier than a zoning or other planning decision,
which restricts or disallows mineral exploration should be considered a non-
conforming use as per section 108 of the Urban and Rural Planning Act and
allowed to continue accordingly.
4.
Mineral workings (quarrying) at quarry sites established before a zoning or other
planning decision, which restricts or disallows mineral workings should be
considered a non-conforming use as per section 108 of the Urban and Rural
Planning Act and allowed to continue accordingly.
5.
Mineral workings should be a permitted use in areas zoned Rural and at least
discretionary in other relatively undeveloped zones in order to ensure that there
is adequate space for quarrying within the Planning Area to meet present and
future demand for construction aggregate and fill in the town. High-quality
aggregate is a valuable and potentially scarce resource and the cost of
construction aggregate increases significantly with transportation distance, and
this is why it may not be prudent for municipalities to rely on more distant
quarries to meet local demand.
Much of the north and west of the MPA are underlain by areas of recognized
aggregate resource potential (i.e. areas recognized as containing or likely to
contain sand and gravel deposits of suitable size and quality for quarrying). More
specifically, areas of recognized aggregate resource potential occur on both
shores of Deer Lake and occupy most of the MPA north of the transmission line,
as well as the rivers leading into and out of Glide Brook Steady. Almost every
past and present quarry site within the MPA is located within one of these areas.
It is no exaggeration to state that the Town of Deer Lake MPA is exceptionally
endowed with aggregate resources, far in excess of almost every other
municipality in the province.
Deer Lake is one of the few municipalities to have a dedicated Mineral Workings
zone. Dedicated Mineral Workings zones are perhaps the surest way to avoid
land use conflicts involving quarrying. The Mineral Workings, Rural, and
Agricultural zones overlap much of the area of recognized aggregate resource
potential within the MPA; almost all of the active (i.e. permitted) quarries within
the MPA are located within this area of overlap.
6.
Development Regulations typically establish minimum separation distances or
buffers between mineral workings and adjacent uses (section 32(4) in the
current Development Regulations and condition 10(1) of the Mineral Workings
use zone which applies to all mineral workings [and repeated amidst mineral
workings conditions for other use zones where the activity is permitted or
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discretionary]. Development Regulations should also contain a statement to the
effect that, where a minimum required distance was originally observed when
choosing the location of the quarry, quarrying should not be discontinued or
impeded where the buffer is reduced to less than the required distance due to
encroachment of development towards the quarry.
7.
Quarry materials produced as a by-product of an approved development may
be removed from the development site provided that royalties are paid to the
province as required by the Quarry Materials Act, 1998. For example, site
preparation to construct a building involves removing topsoil, overburden, and
possibly rock from the footprint area; these materials may be retained or re-used
on the development site (no royalties due) or removed from the site (royalties
due). In order to ensure that royalties due the province are paid, it is necessary
that the Department of Natural Resources be made aware of approved
developments where the removal of quarry materials is taking place or may take
place. The Development Regulations should contain a statement to the effect
that "For approved developments where the extraction of quarry materials is
occurring or may be expected occur, the Town shall send a copy of the
development permit to the Mineral Lands Division, Department of Natural
Resources. Note that quarry materials include but are not limited to aggregate,
fill, rock, stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil,
peat."
8.
In the Table of Use Classes, mineral workings, mineral exploration, and mining
should each be listed as their own, distinct Use Class. The same applies to
petroleum exploration and extraction. In the current Development Regulations,
"oil wells" are listed under the Mining use class.
Overall, the current Municipal Plan and Development Regulations comprehensively
address mineral exploration and quarrying and future revisions should continue to do
so. The current Development Regulations, however, contain unnecessary repetition of
regulations governing mineral workings, making the document more cumbersome and
introducing the potential for confusion; the next revision should seek to eliminate
unnecessary repetition. By contrast, the development regulations for mineral
exploration (section 40) are referenced under each use zone in which mineral
exploration is permitted or discretionary, however not actually repeated; such cross-
referencing helps ensure that these regulations do not get overlooked while avoiding
making the document significantly more cumbersome.
If you have any questions about any aspect of quarrying or mineral exploration or the
above comments, please contact Stephen Hinchey, Exploration Monitoring and Land
Use Geologist, Mines Branch, Department of Natural Resources, at 729-5748 or
[email protected].
-
As part of this response, please find attached a document from the Geological Survey
of Newfoundland and Labrador providing general advice to inform the municipal
planning process on the subject of geological hazards and climate change.
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2.3.7. Geological Survey of Newfoundland and Labrador (Natural Resources)
- The following comments are provided as a general statement from the Geological
Survey of Newfoundland and Labrador, Department of Natural Resources, as part of
the municipal plan review process. Some of the areas of discussion may not apply to
the community under review. More details can be provided by contacting:
Martin Batterson, Director Geological Survey of Newfoundland and Labrador
Phone(709)729-3419
Email: [email protected]
- Newfoundland and Labrador has a long history of geological disasters with over 290
incidences of geologically-related impacts having been recorded from 150 communities
in the province over a 223-year period. There are likely numerous unrecorded events
that have occurred in areas currently within municipal boundaries at a time when there
was no impact on infrastructure. With community expansion and the pressure for
development, these areas may be considered for residential or commercial uses. To
assist the municipal planning process in identifying areas of geological hazard, the
Geological Survey has begun a project to identify areas at risk of geologically-related
events (landslide, rockfall, avalanche, coastal erosion, flooding) within municipalities in
the Province
(http:/ /www.nr.gov. nl .ca/mines&en/geosurvey/disasters/)
- The sections below on flooding, landslide and rockfalls, coastal erosion and climate
change should be considered in planning decisions:
Flooding: Flooding affects both inland and coastal areas. River flood plains are those
areas adjacent to modern rivers that overflow their banks during storm events or as a
result of ice jams. Low-lying coastal areas, including areas within the municipality of
Deer Lake, may be inundated by the sea during storm surge events, especially if coastal
protection (including beaches) is breached. Areas at river mouths are particularly
vulnerable during river flooding during periods of unusually high tide or storm events.
Flood risk maps for many areas of the Province have been released by Environment
Canada and the Newfoundland Department of Environment and Conservation. These
maps indicate historical events and show areas of potential threat from 1:100 year flood
events. The responsibility for flooding related issue lies with the Water Resources
Division, Department of Environment and Conservation, and they should be consulted
on this subject. Historical flood events have been compiled in the Geological Survey's
database of geological disasters.
http://www.nr.gov.nl.ca/mines&en/geosurvey/disasters/).
Landslide and rockfall: Rockfall and landslide are common in Newfoundland. They
are commonly triggered by heavy rainfall on steep slopes. Any development at the base
of a steep slope should consider rockfall potential.
These are slope processes that involve the downslope movement of material
(unconsolidated sediment, bedrock and snow) in response to gravity. Slope angle and
sediment characteristics are important factors that influence slope stability. Rockfalls
are the downslope movement of boulders, either by free fall, rolling or sliding. These
boulders may be dislodged by freeze-thaw activity, erosion beneath the boulder,
bedding plane failure or human activity. Rockfall may also impact a slope below and
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trigger a landslide. Rockfalls tend to occur repeatedly, forming a talus cone of boulders
at the foot of a steep slope. For single-block rock falls, the concept of a 'shadow angle'
is well established. The shadow angle is defined by the angle below horizontal formed
by the line lying between the apex of the slope subject to rock fall and the extreme
position of rock fall debris (boulders). Numerous studies have shown this to be between
22° and 30°.
Landslides involve the downslope movement of unconsolidated material under the
influence of gravity and are capable of producing widespread damage. In
Newfoundland and Labrador landslides are commonly triggered by heavy rain or
snowmelt, which introduce large quantities of water to the slope. Sediment becomes
saturated beyond its shear strength, at which point, movement occurs. This movement
may be rapid (e.g., debris flows) or slow (e.g., creep). Historical landslide events have
been compiled in the Geological Survey's database of geological disasters
(http://www.nr.gov.nl.ca/mines&en/geosurvey/disasters/).
Avalanches: Avalanches are another rapid form of slope movement. They generally
consist of a combination of snow and ice, but may include sediment, rock, and
vegetation. To occur, they require heavy snowfall (either introduced by precipitation or
wind), and a steep (30°- 50°) slope. The trigger for avalanche is commonly heavy
snowfall over a smooth surface, produced from either a rapid fall in temperature in the
days preceding the snowfall or from a period of freezing rain or burial of a weak layer
in the snow. Alternatively, high winds blowing over a slope may create a cornice, which
may break off, falling to the slope below and triggering an avalanche. Historical
avalanche events have been compiled in the Geological Survey's database of
geological disasters (http://www.nr.gov.nl.ca/mines&en/geosurvey/disasters/).
Climate Change: Wave magnitude and the frequency of extreme wave events
(including storm surge) may be expected to increase if predictions of global climate
change and associated global sea level rise occur. In Newfoundland and Labrador, the
crust continues to move, albeit slowly, in response to the last glacial period. Most of the
Island of Newfoundland is currently experiencing rising sea level, which will exacerbate
the sea level rise as a result of climate change. Over the next century sea level is be
expected to rise by over 1 metre in eastern Newfoundland, 80-90cm in western and
southern Newfoundland, and less than 70 cm in Labrador; sea-level rise will continue
beyond 2099 .
{http://www.nr.gov.nl.ca/nr/mines/geoscience/publications/currentresearch/2010/batter
son_liverman.pdf).
Rising sea level will increasingly threaten our coastline and thus planning should restrict
development in low-lying areas or those adjacent to cliff edges that may experience
enhanced erosion. The increased risk of coastal erosion may be accentuated by
increasing pressures on the coast for residential development. Based on the potential
future impact of sea level rise and storm surge, areas below the present 2-metre
contour are considered to be highly vulnerable to coastal flooding. Development
within this area should be restricted to ensure that appropriate mitigation measures are
employed. These could include coastal protection measures or enhanced engineering
standards, although communities may choose to remove these areas from
development. Areas above the present 2 m contour may also be at risk from coastal
flooding.
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The Government of Newfoundland and Labrador (Office of Climate Change and Energy
Efficiency) commissioned a study of the projected impacts of climate change in the
province for the period 2038-2070. The 2013 report, prepared by Dr. Joel Finnis of
Memorial University, incorporated data from 7 regional climate model (RCM)
simulations provided by the North American Regional Climate Change Assessment
Project (NARCCAP). Model projections were compared against observations collected
by Environment Canada (EC) climate stations in the province. With regards to predicted
changes in temperature and precipitation the report highlights that the climate will
become warmer (especially winter temperatures) and wetter (both intensity and
duration) and that an increase in rain-on-snow events is likely. The latter could lead to
an increased potential for flooding and landslides/ avalanches. Details of the climate
change projections report can be found at:
(www.turnbackthetide.ca/whatsnew/2013/nl_climate_change_projections_summary.Pdf)
The Geological Survey is introducing a hazard mapping program for the province. Initial
work will focus on the north-east Avalon Peninsula. Maps will be released as they are
completed, and mapping will extend to other areas of the province in due course.
(www.nr.gov.nl.ca/nr/mines/geoscience/publications/openfiles/OF _001 N- 0884.pdf).
As always, the Geological Survey is available for discussions on all geologically-related
hazard issues, including the potential impacts of, and adaptations to, climate change.
-2.3.8 Land Use Planning/Regional Operations (Municipal Affairs and Environment)
-
Any development occurring 100m from the TCH or Route 430 (Protected Roads) within
the Municipal Boundary (MB) or 150m from those roads within the Planning Area
(Outside of the MB) will require a permit from Service NL.
2.3.9 Crown Lands (Fisheries and Land Resources)
-
Crown land applications within the area will require an approved Municipal
Recommendation form.
-
There are numerous existing titles and sites under application for Crown Land within this
Town planning area - any proposed plans should to take this into account as well as to
giving consideration to some possible future land uses.
-
A review of the Provincial Land Use Atlas identifies significant land use interest by
Corner Brook Pulp and Paper as well as Deer Lake Power. Both of these companies
should be consulted regarding their interests that fall inside the Town of Deer
Lake's planning area.
2.3.10 Agricultural Lands Section (Fisheries and Land Resources)
-
The Agrifoods Development Branch has reviewed the proposal submitted to ILUC by
the Department of Municipal Affairs regarding the Town of Deer Lake Municipal
Planning Review. Attached for your information is a map containing the most recent
information available to the Branch showing all known agricultural properties in the Deer
Lake area. Also identified for your information is the Humber Valley Agriculture
Development Area.
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-
The Branch's mandate includes protecting existing and future agriculture, small
and large scale. Land and soil for agricultural development is limited within this province
and its protection is vital. We are satisfied with the existing plan provided the following
amendments are made. In addition, existing agriculture properties and development
must not be negatively impacted and allowed to expand where permissible. This
includes properties not identified on the attached map such as small scale home
gardens.
Some areas to highlight:
-
Part II, 32 of Development Regulations, 2(b):
In point 2(b) it states "The structure shall be at least 60 metres from the bou
ndary of the property on which it is to be erected ... ". We are satisfied with the
60 metres however it should be noted that Provincial Guidelines recommend 45 metres.
-
Schedule A - Definitions:
The definition for "Animal Unit" within the town plan is inconsistent with provinc
ial guidelines and recognized definitions. The Branch requires that it be changed to
reflect the definitions indicated in the attached documents from the Environmental Farm
Practices Guidelines for Livestock and Poultry Producers in Newfoundland & Labrador.
2.4
Public Consultations
2.4.1
First Open House - November 24, 2016
The initial public consultation for the Plan Review took place on November 24, 2016 at the
Deer Lake Town Hall. The session included an Open House from 1 :00 pm to 5:00 pm and
again from 6:30 PM to 7:15 pm. A public forum facilitated by Planner John Baird began at 7:15
pm and ran till about 9:30 pm. Overall attendance included 35 residents and 6 Council
representatives.
The main planning issues raised during the session included the following:
-
Boat launch area by Nicholsville Bridge is overused. Council needs to find and develop
additional sites.
-
The intersection of Farm Road/Chapel Hill and Wight's Road has a lot of accidents.
Council should identify solutions to reduce traffic confusion at this busy intersection.
Maybe ban parking on right side of Chapel Hill going toward Wight's Road.
-
There is limited land available for future retail development.
-
Commerce Street and Upper Nicholsville Road run too close together. If they were
combined, it would create space for more businesses to develop toward the highway.
Town Planner said this is not feasible for a number of reasons: (1) War Memorial takes
up some of this land, (2) Foodland parking lot would become separated from the store,
which would compromise pedestrian safety, and (3) Mixing highway entering/exiting
traffic with local business traffic would create congestion and safety problems.
Transportation has proposed a roundabout at this location to improve traffic flow.
-
Deer Lake needs a community garden. Why not somewhere in floodway zone?
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Deer Lake Municipal Plan, 2019-2029
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-
The development of waterfront houses is making Nicholsville Road more susceptible
to snow drifting when lake is frozen over. Problem is getting worse because trees are
being removed to accommodate development.
-
Traffic flow would be improved by building a connecting road between Garden Road &
Middle Road (next to the power substation).
-
Traffic flow and safety problem at Squire's Road/Gatehouse Road intersection.
Southbound traffic on Gatehouse Road has to yield to northbound traffic turning left
onto Squire's Road. Suggested removing yield sign, which would give natural right-of-
way to southbound traffic going straight or turning right.
-
Crosswalks should be wider and better marked with diagonal marking.
-
New sidewalk should be installed on Wight's Road from Scotiabank to Wight's Lane to
accommodate school kids going to and from Xavier School. Kids often walk 3 and 4
abreast.
-
Objection was raised to the proposed road connecting Murdoch Drive and Cross's
Lane. There is not enough space for another residential street. Land should be used
for recreation.
-
A resident indicated that recent house construction on Reginald Drive, along with the
filling in of the ditches, has created runoff problems. Because he lives at the bottom of
the hill, runoff now runs into his basement. This occurred this year for the first time
ever.
-
A resident of Goose Arm Road with a 26-acre property and 1000-foot deep lot would
like to subdivide land into lots. Also wants to build a large accessory building but
maximum Town will allow is 1000 ft2. Says larger accessory building should be
permitted on large lots such as his.
-
Water is only one problem. Sewage is another. Why is Town pumping sewage to the
top of a hill east of Old Bonne Bay Road? Treated sewage gravity feeds to Humber
River. If lagoon were at same elevation as river, it would save a lot of energy costs.
-
Beach park should have change houses and toilets. Also, the signage on Nicholsville
Road for the park needs to be improved. A Councillor responded that Council has a
plan to further develop the beach park.
-
Occupancy permits are needed to stop people from moving into half-finished houses
and sheds.
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2.4.2
Public Opinion Survey
A total of 47 questionnaires were completed - one on paper at the first open house and 46
online. The survey results are provided in the following graphs and comments.
5. Where in the Deer Lake Planning Area do you live?
30.00% +----------------
25.00% -+----------------
20.00%
15.00%
10.00%
5.00%
0.00%
East of Trans
Canada
Highway/
North of the
T'Railway
East of Trans West of Trans
West of
Canada
Canada
Humber River
Highway/
Highway / East
South of the
of Humber
T'Railway
River
St. Jude's
6. How long have you lived in Deer Lake / St. Jude's?
I don't live in
Deer Lake
Planning Area
5 years or less
6-10 years
11-20 years
More than 20 years
Baird Planning Associates
Deer Lake M1111icipal Plan, 2019-2029
35.00%
30.00%
25.00%
20.00%
15.00%
10.00%
5.00%
0.00%
7. How long have you lived at your current address?
5 years or less
6-10 years
11-20 years
More than 20 years
8. Do you agree that Council should encourage low-density
urban growth to satisfy people's desire to live on large lots in
scenic surroundings?
45.00% ~---------------,,----------------
40.00%
35.00%
30.00%
25.00%
20.00%
15.00%
10.00%
5.00%
0.00%
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
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Deer Lake Municipal Plan, 2019-2029
9. Do you agree that Council should encourage high-density
urban growth to help keep municipal infrastructure and
servicing costs down?
45.00% ,------------------------------
40.00% +--------
35.00% +--------
30.00% +--------
25.00% +--------
20.00%
15.00%
10.00%
5.00%
0.00%
60.00%
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
10. Do you agree that Council should improve land and
building accessibility standards to facilitate better
mobility for disabled and elderly residents?
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
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Deer Lake Municipal Plan, 2019-2029
I II',
60.00%
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
90.00%
80.00%
70.00%
60.00%
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
11. Do you agree that Council should protect and showcase
Deer Lake's historic sites and buildings?
- - - --
I -
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
12. Do you agree that Council should protect and showcase
Deer Lake's natural heritage, including popular waterfront
areas, lookouts, trails, and scenery?
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
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Deer Lake Municipal Plan, 2019-2029
90.00%
80.00%
70.00%
60.00%
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
13. Do you agree that Council should facilitate economic
growth in order to help create jobs, generate more taxes, and
reduce the tax burden on residents?
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
14. Do you agree that Deer Lake has sufficient land to support
retail and commercial growth?
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
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Deer Lake Municipal Plan, 2019-2029
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
40.00%
30.00%
20.00%
10.00%
0.00%
15. Do you agree that Deer Lake has sufficient land to support
industrial growth?
Strongly agree Somewhat agree
Somewhat
Strongly disagree
No opinion
diasgree
16. Do you agree that Deer Lake has sufficient land
to support the growth of tourism and visitor
accommodations businesses?
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
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Deer Lake Municipal Plan, 2019-2029
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
60.00%
50.00%
30.00%
20.00%
10.00%
0.00%
17. Do you agree that Council should encourage economic
revitalization of the downtown area?
Strongly agree
Somewaht agree
Somewhat
Strongly disagree
No opinion
disagree
18. Do you agree that Council should encourage home-based
businesses as long as they do not negatively affect
surrounding residential properties
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
diasgree
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Deer Lake Municipal Plan, 2019-2029
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
45.00%
40.00%
35.00%
30.00%
25.00%
20.00%
15.00%
10.00%
5.00%
0.00%
19. Do you agree that Council should protect high quality
agricultural land to foster the economic potential of the farming
industry?
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
20. Do you agree that Council should protect high quality
forestland to foster the economic potential of the forest
industry?
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
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Deer Lake Municipal Plan, 2019-2029
40.00%
30.00%
20.00%
10.00%
0.00%
21 . Do you agree that Deer Lake has sufficient land to support
affordable housing?
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree .
22. Do you agree that Council should encourage a variety of
housing choices (e.g. single detached, semi detached, row
houses, apartments, mini-homes) to meet the needs of all
residents regardless of age, income, and family status?
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
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Deer Lake Municipal Plan, 2019-2029
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
23. Do you agree that Council should encourage housing
development close to existing developed areas in order to
keep infrastructure, municipal servicing, and new housing
costs affordable?
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
24. Do you agree that Council should encourage more spread-
out housing development in order to accommodate demand
for larger lots?
50.00% ,------------------------------
45.00% -t-----------------------------
40.00% +--------
35.00% -t--------
30.00% -t--------
25.00% +--------
20.00%
15.00%
10.00%
5.00%
0.00%
Strongly agree Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
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Deer Lake Municipal Plan, 2019-2029
70.00%
60.00%
S0.00%
40.00%
30.00%
20.00%
10.00%
0.00%
25. Do you agree that Council should manage development in
a manner that preserves and protects sensitive environmental
areas and open space?
Strongly agree
Somewhat agree
Somewhat
Strongly disagree
No opinion
disagree
26. Do you agree that Council should encourage single,
double, and multi-unit housing through infilling along existing
streets and adaptive reuse of vacant or underused buildings?
Strongly agree
Somewaht agree
Somewhat
Strongly disagree
No opinion
disagree
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Deer Lake Municipal Plan, 2019-2029
60.00%
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
27. How satisfied are you with the availability and location of
playgrounds in Deer Lake?
Very satisfied
Somewhat
satisfied
Somewhat
dissatisfied
Very dissatisfied
No opinion
28. How satisfied are you with the availability and location of
trails in Deer Lake?
Very satisfied
Somewhat
satisfied
Somewhat
dissatisfied
Very dissatified
Baird Planning Associates
No opinion
Page40
Deer Lake Municipal Plan, 2019-2029
29. How satisfied are you with the location and quality of public
access to the Town's trails and shorelines?
60.00%
50.00%
20.00%
10.00%
0.00%
Very satisfied
Somewhat
satisfied
Somewhat
dissatisfied
Very dissatisfied
30. How satisfied are you that the Town's trails and
recreational facilities reasonably accommodate the
needs of elderly and physically challenged residents.
No opinion
45.00% ~----------------------------
40.00% +-----------------------------
35.00% +--------
30.00% +--------
25.00% -+--------
20.00%
15.00%
10.00%
5.00%
0.00%
Very satisfied
Somewhat
satisfied
Somewhat
Very dissatisfied
dissatisfied
Baird Planning Associates
No opinion
Page41
Deer Lake Municipal Plan, 2019-2029
31. What is your opinion on current regulations aimed at
reducing storm water impacts such as local ground saturation,
flooding, erosion, overcharging of streams, sedimentation of
lakes and streams, and damage to infrastructure and
properties?
45.00% ~----------------------------
40.00% +-----------------
35.00% +-----------------
30.00%
25.00%
20.00% +-----------------
15.00%
10.00%
5.00%
0.00%
60.00%
50.00%
40.00%
30.00%
10.00%
0.00%
Thery are satisfactory They should be less
They should be more
No opinion
as they are
restrictive
restrictive
32. hat is your opinion on current regulations aimed at
reducing potential flood damage to Deer Lake's municipal
infrastructure and private properties?
They are satisfactory
They should be less
They should be more
No opinion
as they are
restrictive
restrictive
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Deer Lake Municipal Plan, 2019-2029
33. What is your opinion on current environmental protection
buffers along Deer Lake, Humber River, and other waterways?
25.00%
20.00%
15.00%
10.00%
5.00%
0.00%
They are satisfactory They should be less
They should be more
No opinion
as they are
restrictive
restrictive
34. What is you opinion on current regulations to protect Deer
Lake's wetlands?
50.00% ,------- -------------------------
45.00% +-----------------
40.00% +-----------------
35.00% +-----------------
30.00% +-----------------
25.00% +------------ -----
20.00%
15.00%
10.00%
5.00%
0.00%
They are satisfactory
They should be less
They should be more
as they are
restrictive
restrictive
Baird Planning Associates
No opinion
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Deer Lake Municipal Plan, 2019-2029
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35. PLEASE ADD ANY COMMENTS ON THESE QUESTIONS OR OTHER PLANNING
ISSUES THAT YOU THINK ARE IMPORTANT.
-
I agree with an increase in small business in town, however we have to be aware of
how the increased traffic will affect the peaceful setting of certain neighborhoods. If the
small business will increase traffic/business in a certain area, that business should be
accommodated in the industrial park. I also believe that more land should be released
around the waterfront areas for condo building and or housing provided that this
development doesn't restrict citizens access to those water front areas, beaches, etc.
-
If question 23 is applicable then I wonder why the retail development off Bonne Bay
Road to Evergreen is going to land-lock about 20 parcels of land that could be
developed for housing at the least amount of infrastructure cost?
-
No backyard businesses.
-
[Counci~ discourages any development or improvements to broaden the local tax base.
All questions are returned negatively instead of helping to promote and encourage
opportunities. [Counci~ should want to help Deer Lake move forward. The old school
management needs to end in order to promote a more positive environment.
-
As for Questions 31, 32, and 33, as far as we are concerned, there are at this time no
regulations existing to reduce or stop flooding in these areas. Our greatest concern is
the cutting of trees on the lake side of Nicholsville Road. Please no more development
in this area.
-
Speed of watercraft using the Humber should be closely monitored and the speed limit
strictly enforced. Damage is being caused to the river banks due to the speed of some
craft. Animals living along the riverbank have been disturbed.
-
There needs to be a change in allowing usage of ATV vehicles in town. There are plenty
of trails to ride on and they should not be used in town limits. While some townsfolk are
respectful to private property and safety measures, more are not.
-
Some areas have no drainage and nearby wetlands are being backfilled and developed.
-
... Lower your taxes. Bring in more business so we won't have to go to Corner Brook to
shop .... Stop wasting our tax dollars, we can't afford to live now ... shouldn't have to
make the choice if we're going to eat or heat our homes during the winter. More
programs in place for seniors and low-income families. Do something with the dam and
the canal before it's too late and lives are lost.
-
On the matters where I chose No Opinion, I do not know enough about these issues to
form an opinion. In new development areas, (e.g. Nichols Landing) sidewalks should
have been installed by the contractor and at least one lot left vacant and developed into
a playground in order to give a place for kids to play rather than on the street More than
one may be required depending on the age of the people living there and they maybe
also be used as a meeting place for the elderly as the area may develop into more of a
seniors area.
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2.4.3
Second Open House- May 14, 2018
The second public consultation session for the Plan Review took place on May 14, 2018 at the
Deer Lake Town Hall. The session included an Open House from 1 :00 pm to 5:00 pm and
again from 6:30 PM to 8:30 PM. The session was attended by 19 residents, three Councillors,
the Town Manager, and the Development Officer.
The main issue commented on was the proposal to list crematorium as a discretionary use in
non-industrial areas of the town. In fact, that was the main issue raised by most of the residents
present. One person expressed the opinion that commercial beekeeping should not be
permitted in Deer Lake.
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3.0
GOALS AND OBJECTIVES
This section outlines the Town's planning goals and objectives for the 2019-2029 period. A
goal is a desired state, which reflects the long-term intent of Council and relates to a major
area of interest or concern. An objective is a short-range step towards achieving the goal. In
this context, an objective is an outcome or output desired by Council in less than 10-years.
3.1
Community Structure and Character
Goals:
Encourage a growth structure for Deer Lake that ensures orderly development,
efficient development and use of municipal services, compatibility between land
uses, avoidance of sprawl, and retention of the Town's attractive natural and built
features.
Objectives: Encourage and facilitate new development through infilling along existing
serviced streets, as well as through new streets built in close proximity to existing
streets and infrastructure.
Preserve and protect environmentally important and sensitive areas including
water supply areas, river and lake shorelines, ponds, streams, wetlands, steep
slopes, and visually significant features.
Encourage lot layout designs that are efficient in the use of municipal
infrastructure and sensitive to the existing physical form and character of the
community.
Encourage preservation and maintenance of heritage areas and buildings.
Improve land and building accessibility standards to facilitate better mobility by
disabled and elderly residents.
3.2
Economic Growth and Development
Goal:
Encourage diversified and balanced economic development that fosters
employment opportunities, promotes a high quality of life, contributes financially
to the municipality, and protects the environment.
Objectives: Foster the economic growth of Deer Lake particularly in regard to the potential for
industrial development, tourism, retail sales and services, air and road
transportation services, and housing development.
Build on Deer Lake's economic strengths and opportunities as the travel and
transportation hub of Western Newfoundland, particularly with respect to Deer
Lake Airport and its status as the gateway to Gros Marne National Park and the
Great Northern Peninsula.
Encourage continued diversification of the local economy through the attraction
of new businesses and support of existing businesses.
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Encourage and accommodate compatible commercial, industrial, and tourism
opportunities in suitable locations.
Allocate good quality land in desirable locations for a range of business activities.
Allow for compatible mixed development of residential, commercial, industrial,
institutional, and recreational land uses.
Promote Deer Lake as an attractive place to live, drawing upon its advantageous
location, commercial and community services, waterfront access, and
recreational amenities.
Support resources and activities that enhance tourism such as the preservation
and development of trails, shorelines, heritage sites, marina services, and visitor
facilities.
Promote the older downtown streets for mixed development including retail and
service outlets, public buildings, multi-unit housing, and outdoor public spaces.
Encourage home occupations that fit with the neighbourhood character and do
not impinge on the reasonable enjoyment of neighbouring residential properties.
3.3
Environment
Goal:
Conserve, protect, and enhance important and sensitive environmental
resources.
Objectives: Provide municipal services at environmentally acceptable standards.
Conserve, protect, and enhance important and sensitive environmental
resources, including lakes, streams, estuaries, wetlands, riparian areas, steep
slopes, and scenic vistas.
Protect the Deer Lake drinking water supply from land uses and activities that
could negatively affect water quality and quantity.
In accordance with the Habitat Conservation Plan for the Town of Deer Lake,
protect wetlands within designated Habitat Management Units from land uses that
could negatively affect waterfowl habitat.
Reduce stormwater flows, erosion, and impacts on receiving waters by improving
how runoff is managed in developed and developing areas.
Limit development in high flood risk areas.
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3.4
Health and Social Well-Being
Goal:
Provide for the welfare of all Deer Lake residents by addressing basic human
needs, community services, and quality of life.
Objectives:
Promote opportunities to meet the needs of residents for food, shelter, health
care, education, employment, income, and safety.
Promote access to childcare, youth programs, and family services.
Facilitate the housing needs of residents of all ages, income levels, and physical
and mental abilities (also see Section 3.5).
Enhance Deer Lake as an accessible and age-friendly community by improving
development standards for the mobility needs of disabled and elderly residents.
Promote opportunities for inclusion of low-income and disadvantaged residents
into all aspects of community life.
3.5
Housing
Goal:
Promote and facilitate adequate housing for all residents regardless· of age,
income, abilities, and family status.
Ensure development proceeds in a way that maintains a pleasant residential
environment.
Objectives: Allocate sufficient residential land to meet anticipated requirements for the next
ten years.
Protect residential quality of life and property values.
Accommodate a range of housing types to satisfy market needs and ensure
affordable housing is available for residents of different income levels, age
groups, family structures, and abilities.
Manage residential development in a manner that preserves and protects
sensitive environments and public open space.
Encourage development of single, double, and multi-unit housing in appropriate
locations through infilling along existing streets, new subdivisions, and adaptive
reuse of existing buildings in mixed-use areas.
3.6
Transportation
Goal:
Maintain an efficient transportation network to serve motorized and non-
motorized transportation needs in Deer Lake.
Objectives: Maintain safe and efficient access to all residential developments, commercial
establishments, and recreational areas.
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Ensure new development provides for traffic circulation that avoids congestion
and hazardous intersections.
Ensure the needs of disabled and elderly residents are appropriately addressed
in the planning and design of streets, sidewalks, crosswalks, parking areas, and
trail systems.
3.7
Open Space and Recreation
Goals:
Maintain built facilities and natural areas to accommodate a range of active and
passive recreational needs of Deer Lake residents.
Objectives: Encourage public participation in the planning of open space and conservation
lands.
Encourage and support recreational groups and community organizations in
organizing sports, recreation, and festival activities and events.
Protect and enhance public access to the town's freshwater shorelines.
3.8
Culture and Heritage
Goal: Develop and protect the town's cultural and natural heritage.
Objectives: Support efforts to showcase Deer Lake's history and culture.
Protect and enhance sites and buildings important to showcasing the town's
natural heritage, including key lookout sites and nature trails.
3.9
Capital Works
Goal:
Provide an acceptable and consistent level of water, sewer, and storm sewer
services.
As much as possible, utilize existing capacity prior to investing in new streets and
municipal infrastructure.
Objectives: Maintain a water system within the Town capable of providing domestic water and
fire flows to all feasible areas.
Provide a system of sanitary sewer trunk mains, local service lines, and
wastewater treatment capable of accommodating existing and future sewage
flows.
Improve stormwater management to control erosion and protect properties,
watercourses, and environmentally sensitive areas.
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3.10
Governance
Goal:
Provide municipal services and administration effectively, efficiently, and
equitably to all residents within the fiscal capacity of the Town.
Collaborate with other levels of government, community organizations, and the
business community to facilitate opportunities to improve local governance
and municipal services.
Objectives: Encourage public interest and participation in municipal governing processes,
including Council elections, committee activities, and public participation in
decision-making.
Deliver municipal administration and services effectively, efficiently, openly, and
within the Town's fiscal capacity.
Ensure the Town is governed in compliance with relevant legislation such as the
Municipalities Act and the Urban and Rural Planning Act 2000.
3.11
Municipal Finance
Goal:
Manage municipal expenditures and revenues so as to provide municipal services
within a framework of long-term financial stability.
Objectives: Manage municipal expenditures and debt burdens in a prudent manner and
according to the Town's ability to pay.
Encourage an enlarged economic base in the Town in order to generate more tax
revenues.
Ensure that growth-related capital costs for new developments do not place an
undue burden on residents' ability to pay.
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4.0
COMMUNITY WIDE POLICIES
4.1
Policy Framework
This section provides the policy framework for the planning of Deer Lake as expressed in the
Goals and Objectives outlined in Section 3.0.
The overriding thrust of the Municipal Plan is to ensure the continuance of a vibrant, efficient,
and sustainable community and to maintain the town's attractive character based on a
compatible mix of built-up land uses and green space. This is important in order to provide
continuity with the past, achieve the Town's development vision, maintain a distinct identity,
and contribute to environmental, economic, social, and financial sustainability.
To accomplish the overall intent of the Plan, the following policy initiatives are put forward:
i)
Areas that can be developed and serviced at the most reasonable long-term costs to
the Town will be given priority for the Town's growth and expansion. Highest priority is
placed on the infilling of vacant land along serviced streets. Second priority is placed
on areas that are affordably close to existing streets and piped services. Development
will be restricted in areas that would entail prohibitive or unnecessary costs to develop
and maintain new infrastructure and provide services.
ii)
Prominent features that help to preserve community character, such as heights of land,
waterfronts, open space, and scenic vistas, will be preserved.
iii)
A high standard will be maintained for both the natural and built environments,
particularly the protection of environmentally sensitive resources such as shorelines,
wetlands, steep slopes, archaeological resources, and historic areas.
iv)
Streets and infrastructure will be designed to achieve a high standard with respect to
safety, traffic and pedestrian mobility, water and sewer distribution, and ease of
maintenance.
v)
Capital works will be undertaken in an efficient, financially prudent, and environmentally
responsible manner.
4.2
General Land Use Policies
4.2.1 General Layout of the Town
(1)
Council will encourage the consolidation of development in areas that are
economical to connect to existing roads and service with water and sewer.
(2)
Council will give priority to infilling vacant serviced land over the development
of new streets and infrastructure.
(3)
Council may refuse proposed developments in locations where municipal
services are inadequate or it would be uneconomic to provide and maintain
municipal services.
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( 4)
Council will require land developments to include reasonable measures to
reduce stormwater runoff from the site, including as necessary the setting-aside
of green areas for stormwater control and infiltration.
4.2.2
Compatibility of Uses
As much as possible, Council will ensure that new developments will not negatively
affect existing land uses through the creation of hazards or nuisances such as noise,
dust, odour, congestion, or unsightly appearance.
4.2.3 Non-Conforming Uses
In accordance with the Urban and Rural Planning Act 2000, a use of land that legally
existed at the time of the registration of this Municipal Plan shall be allowed to continue
irrespective of its conformity to the Plan or Development Regulations. Specific
provisions concerning legal non-conforming uses are set out in the Development
Regulations.
4.2.4
Land Development and Subdivision Proposals
(1)
Site Suitability
When reviewing a proposed land development, Council will consider the site's suitability
in terms of soils, geology, location of watercourses and wetlands, steepness of grades,
and overall environmental sensitivity. When considering approval, Council will ensure
that the development will have minimal negative effects on water resources and
surrounding properties.
(2)
Professional Review
If in Council's opinion, a proposed development could result in undesirable
environmental effects, high infrastructure and servicing costs, or constraints to the
development of nearby properties, Council may require an assessment of the proposed
development by a certified engineer.
Among other matters, the review shall evaluate the adequacy of proposed site grading,
drainage, stormwater control, and landscaping, as well as the potential of the develop-
ment to negatively affect nearby properties and bodies of water due to storm drainage,
erosion, or pollution.
(3)
Environmental Protection
When approving a proposed development, Council will require that environmentally
sensitive lands are protected.
(4)
Stormwater Control
When approving a proposed development, Council will require that adequate measures
are to taken to reduce and control stormwater drainage and erosion.
(5)
Land for Public Use
In accordance with Section 37 of the Act, for each subdivision approval, Council shall
require the developer to convey an area of land to the Town for open space or other
public use. This conveyance would be equal to up to ten per cent of the gross area of
the land to be developed. Land to be set aside must be high quality land suitable for
the purpose.
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Alternatively, in lieu of land dedication, Council may accept a sum of money that is
equivalent to the value of the land that would have been conveyed.
(6)
Coordination with Surrounding Development
Subdivisions and other developments will be coordinated with surrounding existing and
proposed developments, the street network, and municipal infrastructure.
Such developments may be required to provide for access to adjacent undeveloped
lands.
(7)
Municipal Services and Access
The scale of new development must be appropriate with the provision of municipal
services and street access. Council will ensure that a new development will make
efficient use of existing streets and infrastructure and will not create unreasonable
servicing demands or costs. If Council deems that a proposed development cannot be
efficiently connected to or serviced by existing infrastructure, it may refuse the
development.
(8)
Public Input
Council may seek input from nearby residents and landowners when reviewing
development proposals.
(9)
Council Decision
Council will review each development application on a case by case basis and may:
(a)
Approve the development as proposed,
(b)
Approve the development subject to certain terms or conditions,
(c)
Defer a decision subject to more detailed information or requested modifications
to the proposal, or
(d)
Not approve the development if it deems that it would be unsuitable for the
location, would be prohibitively expensive to service or maintain, or would create
environmental or other problems that cannot be sufficiently corrected or mitigated.
(9)
Subdivision Agreement
Council shall require an applicant to enter into a subdivision agreement with the Town
as a condition of approval.
4.2.5 Consolidation and Infill of Serviced Areas
(1)
Council will encourage intensification of development in areas that are
accessible to piped water and sewer services. This can occur through infilling
of vacant land along existing roads and keeping new street development in
close proximity to existing infrastructure.
(2)
Site plans for infill development and land use intensification must meet the
approval of Council. Developments must be compatible with the existing
neighbourhood character and in accordance with Council's development
standards with respect to lot size, frontages, road widening, alignments,
installation of municipal services, environmental protection, retention of open
space, and matters concerning current or future public works.
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4.2.6 Public Streets
Subject to conditions to mitigate environmental impacts, new public streets may be
permitted in all areas except lands that are identified as environmentally sensitive or
subject to flood risk.
4.2.7
Public Access to Watercourses
Council will ensure that sufficient and appropriate public access is maintained to Deer
Lake, Humber River, and other watercourses provided that such access does not
unreasonably impinge on the use and enjoyment of abutting private lands.
4.2.8 Adaptive Re-use of Existing Buildings and Properties
Council will encourage the adaptive reuse of existing buildings and properties for land
uses that are permitted within the designation and would be compatible with nearby
existing land uses.
4.2.9
Heritage and Archaeological Resources
(1)
Council will encourage the preservation of individual sites and buildings that
have archaeological or heritage significance.
(2)
In reviewing development proposals, Council will give priority to ensuring that
new buildings and site developments will be of a scale, mass, and architectural
style that is compatible with, and will not detract from, nearby heritage sites and
buildings.
(3)
Council will cooperate with landowners to identify new or enhanced uses for
older buildings and make owners aware of public programs aimed at preserving
built-heritage.
(4)
Archaeological sites are protected under the Historic Resources Act. If such a
site is · discovered, development must stop and the Provincial Archaeology
Office of the Department of Tourism, Culture and Recreation will be notified and
consulted on how the development should best proceed.
4.2.10 Discretionary Uses
Council may decide that a land use should be set out as a discretionary use in a
particular zone in the Development Regulations, where:
(a)
the suitability of the use is not clear and may depend on the land use
characteristics and circumstances of individual locations within the zone,
(b)
Council determines that the use could negatively affect the predominant uses of
the zone and, in order to mitigate this impact, it would be desirable to consult
with the public prior to issuing, issuing subject to conditions, or refusing a
development permit, or
(c)
it is necessary to attach conditions to an approval to ensure that the use is
developed in a way that is compatible with nearby uses and the predominant
uses of the zone.
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4.2.11 Mineral and Petroleum Exploration
(1)
Subject to other provisions of this Municipal Plan, mineral and petroleum
exploration that is not classed as a development (by virtue of drilling,
appreciable ground disturbance, or construction of access roads) may be
permitted anywhere in the Planning Area, provided that the Town is given
previous notice.
(2)
In accordance with Sections 12 and 13 of the Mineral Act, no exploration of any
type will be permitted on privately owned land without the consent of the
landowner.
(3)
Mineral and petroleum exploration that is classed as a development may be
permitted in certain designations, provided that adequate provision is made for
environmental protection, site reinstatement, landscaping, buffering, or
mitigations of impacts on residential, commercial, industrial, institutional and
recreational areas.
(4)
Mineral and petroleum exploration will be permitted only if all necessary
Provincial approvals have been obtained.
4.2.12 Mineral Working
(1)
Mineral working operations, where permitted, will be subject to terms and
conditions to minimize impacts on environmentally sensitive areas and nearby
existing development.
(2)
Mineral working operations will take measures to minimize negative impacts on
water resources and other sensitive environmental resources.
4.2.13 Forest Resources and Trees
(1)
Forests will be preserved and protected for the production of timber-based
products as well as the realization of important non-timber values such as fish
and wildlife habitat, water quantity and quality, biodiversity, scenery, recreation
and tourism.
(2)
Harvesting of forests and trees will respect the Town's objectives for
environmental protection, preservation of scenery, outdoor recreation,
stormwater control, and drinking water protection.
(3)
In order to preserve a site's natural characteristics and attractiveness for
development, Council may restrict, or set conditions on, tree removal in areas
planned for future residential development.
4.2.14 Utilities
(1)
Utility Easements and Facilities
Utility facilities, such as transmission lines, communication towers, stormwater
drains, water and sewer pipes and treatment facilities, energy generation
facilities, and pollution control, may be permitted in all land use designations
subject to conditions set by Council. Council may restrict, or place conditions
on, the development of certain utilities within the Environmental Protection
designation.
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(2)
Alternative Energy Facilities
Wind, small hydro, and solar energy generation facilities may be permitted in
any land use designation subject to conditions set by Council, including:
(a)
The location and design of such utilities shall take into consideration
potential impacts on nearby land uses, persons, and the natural
environment.
(b)
Wind generators permitted within built-up areas will be limited to single
turbines designed to serve individual properties.
(c)
To provide for adequate safety and comfort of persons and properties,
Council will ensure that there is an adequate separation distance
between any type of wind generator and nearby buildings and
structures.
(d)
Energy utilities are subject to required approvals by relevant provincial
and federal departments.
4.2.15 Provision for the Disabled and Elderly
Council will consider the mobility needs of disabled and elderly residents in the planning
and design of municipal streets, buildings, and recreational facilities, and when
approving commercial, public, and large residential buildings and facilities.
4.2.16 Highway Building Control Lines
(1)
Under the Provincial Protected Road Zoning Regulations, all proposed
developments within the protected road building control line require a
development permit from Service Newfoundland and Labrador. The building
control line is 100 metres from the centreline for a protected road within a
municipal boundary and 150 metres from the centreline outside a municipal
boundary but within a municipal planning area.
(2)
Within the Deer Lake municipal boundary, Council will not issue a permit for any
development within 100 metres of the centreline of the Trans Canada Highway
or the Great Northern Peninsula Highway unless a permit has first been issued
by Service Newfoundland and Labrador.
(3)
Outside the Deer Lake municipal boundary, but within the Deer Lake Municipal
Planning Area, Council will not issue a permit for any development within 150
metres of the centreline of the Trans Canada Highway unless a permit has first
been issued by Service Newfoundland and Labrador.
4.3
General Environmental Policies
Conservation values are intrinsic to this Municipal Plan. High priority is given to protecting
sensitive areas and preventing stormwater impacts, soil erosion, and watercourse
sedimentation. Land use decisions will duly consider environmental sustainability and
biodiversity objectives.
4.3.1
General Environment
(1)
Protection of Sensitive Areas
Environmentally sensitive lands, including the water supply area, watercourses,
riparian areas, wetlands, steep slopes, wet and unstable soils, and important
habitat, will be protected from potentially damaging development.
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(2)
Consideration of Environmental Impacts
Potential environmental effects will be considered when reviewing development
applications. At its discretion, or in accordance with other statutory
requirements, Council may refer development proposals for advice and/or
regulatory approval to government departments such as Municipal Affairs and
Environment, Service Newfoundland and Labrador, Health and Community
Services, Fisheries and Oceans Canada, and Environment Canada.
4.3.2 Soils and Drainage
Development shall be permitted only on lands with soil and drainage conditions that, in
the opinion of Council, are suitable for the proposed use.
4.3.3 Watercourse and Wetland Protection
(1)
Development in the vicinity of a watercourse or wetland will be carried out in a
manner that minimizes the potential for environmental impacts, protects natural
drainage, and preserves existing public access to the water.
(2)
Conservation buffers will be established to protect watercourses from
stormwater discharges, erosion, sedimentation, and pollution.
(3)
Where it believes that a proposed development may affect a wetland, at its
discretion, Council may:
(a)
require the developer to have the wetland delineated by a qualified
consultant,
(b)
establish a sufficient buffer from the edge of the wetland in which
development may not be permitted,
(c)
require such other conditions or restrictions to protect the wetland,
and/or
(d)
refuse to approve the development if it believes that identified impacts
cannot be sufficiently minimized or mitigated.
4.3.4 Unstable Geology and Soils
Development in areas that are environmentally sensitive or hazardous due to wet or
unstable soils, a high water table, or unstable geological conditions, may be restricted
or subjected to terms and conditions to reduce potential impacts.
4.3.5 Shorelines
Development in the vicinity of lake and river shorelines shall be carried out in a manner
that minimizes potential environmental impacts, protects natural features, and
preserves existing public accesses to and along the shoreline.
4.3.6 Steep and Unstable Slopes
Steep and unstable slopes may be subject to development restrictions or other
conservation measures designed to minimize environmental impacts and hazards to
humans and properties resulting from development.
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4.3.7
Storm Drainage
(1)
Development will not be undertaken in a manner that causes excessive
increases in stormwater runoff such that it could be detrimental to adjacent
properties, unstable slopes, nearby watercourses, or other sensitive areas.
(2)
In areas where there is concern that development may contribute to excessive
increases in stormwater runoff, Council may require developers and landowners
to:
(a)
(b)
(c)
(d)
(e)
(f)
Discharge stormwater to open areas where it can naturally infiltrate into
the soil.
Maintain vegetated buffers between stormwater drainage outlets and
watercourses to minimize direct discharges into watercourses.
Preserve existing trees or plant additional trees and shrubs to promote
soil infiltration and capture sediments.
Channel runoff to gardens and low-lying areas on the development site
and on individual lots.
Take advantage of the topography to reduce storm drainage, for
example, retain natural depressions in the landscape to accumulate
runoff and promote soil infiltration.
Re-establish vegetative cover immediately on gravel surfaces, banks,
drainage ditches, and other areas disturbed by ~onstruction activity.
4.3.8
Habitat Conservation
Council decisions affecting wetlands and known waterfowl habitat will be guided by the
Deer Lake Habitat Conservation Plan, which is the basis of a Stewardship Agreement
entered into between the Town and the Province. Council will ensure existing and future
Habitat Management Units are environmentally protected. As of the adoption of this
Municipal Plan, these include the Junction Brook Bog, Island, and Upper Humber River
Habitat Management Units. All lands within these Units are designated Conservation
on the Future Land Use maps.
4.3.9
Climate Change
Climate change is forecast to generate more precipitation and more frequent extreme
weather events, and consequently increased flooding and shoreline erosion. This
Municipal Plan has considered climate change factors in designating land for future
development in proximity to watercourses and flood risk areas.
4.3.10 Humber Canal Protected Water Supply Area
The Humber Canal Protected Water Supply Area is designated under the Water
Resources Act as the source water protection area for Deer Lake's drinking water
supply. The protected area boundaries include lands inside and putside of the Town's
Planning Area.
Inside the Planning Area, the Humber Canal Protected Water Supply Area is included
in Conservation designation on the Future Land Use maps.
On the Land Use Zoning maps, it is covered by two zones - Protected Watershed and
Environmental Protection. The Protected Watershed zone corresponds to land use
controls required under the Provincial designation. The Environmental Protection zone
provides for a higher level of land use control abutting watercourses as well as in an
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area north of Humber Canal where development control is needed to prevent increases
in stormwater drainage toward built-up areas of the town.
4.3.11 Use of Discretionary Authority
Council may exercise its discretionary authority to prohibit or set conditions on
development when, in its opinion, the development might have undesirable
environmental impacts, for example, excessive run-off onto adjacent properties,
flooding, soil erosion, siltation of streams, or exposure of contaminated soils.
4.4
Infrastructure Policies
4.4.1
Water Supply System
(1)
Council will maintain its water supply system, including intake, treatment plant,
and distribution system, in good working order to ensure the availability of an
adequate quantity and quality of water for residents, businesses, and public
facilities.
(2)
Adequate fire flows will be maintained in all areas served by municipal water.
4.4.2
Sanitary Sewer System
Council will maintain the town's sanitary sewer system in good working order.
4.4.3
Stormwater Management
Council will maintain storm drainage ditches and facilities in good working order.
4.4.4 Water and Sewer Requirements for New Development
(1)
All water and sewer infrastructure associated with new land development must
meet the minimum standards of the Town and be approved by the Town's
engineer.
(2)
The costs of installing water and sewer services and connecting new lots to the
municipal system will be the sole responsibility of the developer.
4.5
Transportation Policies
The transportation system in Deer Lake includes a hierarchy of arterial, collector, and
local roads, as well as public trails and walkways.
4.5.1
Consideration of Environmental Impacts
New highways, streets, water crossings, and associated infrastructure will be located
and constructed so as to minimize adverse impacts on environmentally sensitive areas
and resources.
4.5.2 Arterial Roads
(1)
Purpose
The primary purpose of an arterial road is to provide safe and efficient traffic
flow for vehicles travelling to and through the Planning Area. A secondary
purpose is to distribute traffic within the Planning Area.
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(2)
Description
Route 1 (Trans Canada Highway) and Route 430 (Great Northern Peninsula
Highway) are Deer Lake's only Arterial Roads.
(3)
Individual Accesses
Council will use its discretionary authority if necessary to prevent development
of any driveway and other private access along Routes 1 and 430 where it
deems that such access would adversely affect traffic safety and/or efficiency.
4.5.3 Collector Roads
(1)
Purpose
The primary purpose of collector roads is to distribute traffic between major
points and local streets within the Town.
(2)
Description
Collector roads in the Deer Lake Planning Area include:
George Aaron Drive
North Main Street
Goose Arm Road
Old Bonne Bay Road
High Street
St. Jude's Main Road
Mayor Avenue
Upper Nicholsville Road
Nicholsville Road
Wight's Road
(3)
Individual Accesses
Access to abutting properties on collector roads will not be restricted but will be
properly planned to ensure they do not impede safety and traffic efficiency.
4.5.4 Local Streets
(1)
Purpose
Local streets are intended to serve properties located on the street and
generally are not used by traffic except to access these properties and adjoining
local streets.
(2)
Description
Local streets include all remaining streets not referred to as arterials or
collectors.
(3)
Future Road Connections
Council will ensure that appropriate street reservations are reserved along Local
Streets to provide for future connections to backland areas with development
potential.
4.5.5 Street Design and Construction
(1)
The location, design, and construction of public streets will meet Council's
minimum requirements for public safety, traffic efficiency, access to adjoining
land, and construction quality.
(2)
Except where it is not physically feasible, new streets shall be located such that
there will be sufficient land to develop lots on both sides in accordance with the
development standards of the zone.
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(3)
The layout of a new street will provide adequate reservations to accommodate
road extensions and access to backland areas for future development.
(4)
The costs of constructing and connecting new streets to the municipal street
system will be the sole responsibility of the developer.
4.5.6 Provision for the Disabled and Elderly
Streets, sidewalks, public walkways, parking areas, and access points to public and
commercial buildings will be designed to facilitate easy access and movement by
disabled and elderly persons.
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5.0
LAND USE DESIGNATIONS
The Town's growth and development will be managed by designating lands within the Planning
Area according to broad land use categories. These designations are shown on Future Land
Use Maps 1, 2, and 3. Policies outlined in this section specify Council's intent related to land
use and forms of development in each of the following land use designations.
Future Land Use
Zones
Desianations
Conservation
Environmental Protection
EP
Protected Watershed
PW
Floodway
FW
Residential
Residential Medium Density
RMD
Residential High Density
RHO
Residential Mini-Home
RMH
Residential Floodway Fringe
RFF
Rural Community
RC
Town Centre
Town Centre
TC
Commercial/Industrial
Commercial General
CG
Commercial-Light Industrial
cu
Commercial Highway
CH
Tourism Recreation
TR
Industrial General
IG
Public Use
Public Use
PU
Open Space
Open Space
OS
Airport
Airport
AIR
Utility
Utility
UT
Hiqhway Corridor
Hiqhway Corridor
HC
Rural
Mineral Working
MW
Rural
RU
5.1
Conservation
The overriding goal of the Conservation designation is to protect environmentally vulnerable
and important lands and natural resources including Deer Lake's drinking water supply, other
surface water resources, wetlands, flood risk areas, steep slopes, and protected waterfowl
habitat.
5.1.1
Land Use Zones
The Development Regulations will establish three land use zones within the Conservation
designation.
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Conservation Desianation - Land Use Zones
Zone
Intent
Aoolication
Environmental
Protect watercourses,
Protective watercourse
Protection
wetlands, waterfowl
buffers within the Humber
habitat, flood risk areas,
Canal Protected Water
steep slopes, and other
Supply Area and along
sensitive lands. Provide
other rivers, lakes,
highest level of source
streams, and wetlands.
water protection within the
Protects steep slopes and
Deer Lake municipal water
designated waterfowl
supply area.
habitat.
Protected Watershed
Protect source water for
In combination with the
the Deer Lake municipal
Environmental Protection
water supply.
zone, corresponds to the
boundaries of the Humber
Canal Protected Water
Supply Area (WS-S-0214
under the Water
Resources Act)
Floodway
Minimize flood damage to
In combination with the
properties, infrastructur~
Environmental Protection
and the environment.
zone, corresponds to the
Maintain the natural
boundaries of identified
capability of waterways to
1 :20 year flood risk areas.
convev flood flows.
5.1.2
Environmental Protection Zone
1.
Land Use
(1)
Conservation uses are permitted.
(2)
At its discretion, Council may permit open space uses such as walking trails and
boardwalks in appropriate locations. It may also permit recreational docks and
marinas in appropriate locations. It may also permit recreational open space in
the form of multi-use trails. Before approving such developments, it must be
clearly demonstrated to Council that potential adverse effects on the site,
adjacent water bodies, and aquatic and waterfowl habitat will be minimal. Also,
Council must be satisfied that a proposed development will not unreasonably
impede public access to or along the shoreline.
(3)
At its discretion, Council may permit transportation developments, for example,
road crossings of streams, bridges, culverts, and stormwater drains, but only if
alternative locations are not feasible and Council considers the proposed
development to be in the public interest. Council may consult with the
Department of Environment and Conservation, Fisheries and Oceans Canada,
and other relevant agencies before approving any such development.
(4)
Excavation and infilling of land and water will not be permitted unless it is to
redirect stormwater or is a public work that has been approved by the Water
Resources Division of the Department of Environment and Conservation.
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5.1.3
Protected Watershed Zone
Deer Lake's drinking water supply area is located within the Humber Canal Protected Water
Supply Area, which is designated under the Water Resources Act (Regulation WS-S-02).
Within this water supply area, in combination with the Environmental Protection zone, the
Protected Watershed is established to protect the quality of source water for the Town of Deer
Lake.
1.
Land Use
(1)
Conservation and open space uses are permitted.
(2)
Discretionary uses may include personal use agriculture, forestry, transportation,
mineral exploration, petroleum exploration, and recreational open space in the form of
multi-use trails.
2.
Department of Municipal Affairs and Environment
No development will be permitted in designated Protected Watershed areas without the
approval and guidance of the Water Resources Management Division of the Department of
Environment and Conservation.
3.
Watershed Monitoring and Enforcement
(1)
Council will closely monitor land uses and activities in the Protected Watershed
designation to ensure they are being carried out in a manner that will not harm water
quantity and quality.
(2)
Uses or activities that are found to be taking place in a manner deleterious to the
water supply will be subject to an immediate stop-work order.
5.1.4 Floodway Zone
Significant areas abutting the mouth of the Upper Humber River and the upper shoreline of
Deer Lake are vulnerable to flooding. The Floodway zone corresponds to 1 :20 year flood risk
areas identified on maps provided by the Department of Municipal Affairs and Environment. It
should be noted that the most recent floodway mapping for the Deer Lake area was completed
in the 1980's and is significantly out of date. The Water Resources Division has advised that
actual flood risk can be expected to be higher due to climate change effects.
1.
Land Use
(1)
Permitted uses of land in this zone will include conservation, open space, and personal
use agriculture.
(2)
Land uses permitted at Council's discretion may include campgrounds, crop agriculture,
recreational open space, and communications.
(3)
In accordance with the Provincial Policy for Floodplain Management for 1 :20 year
floodplains, new buildings will not be permitted or may be subject to special conditions
and infilling higher than the base flood level will not be permitted.
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2.
Department of Municipal Affairs and Environment
No development will be permitted in designated Floodway areas without the approval and
guidance of the Water Resources Branch of the Department of Environment and Conservation.
3.
Floodway Monitoring and Enforcement
(1)
Council will closely monitor land uses and activities in the Floodway zone to ensure
they are being carried out in a manner that will not increase flood risk or harm to people,
properties, and infrastructure.
(2)
Uses or development that are found to be taking place in a manner that may increase
flood risk or harm to people, properties, or infrastructure will be subject to an
immediate stop-work order.
·
5.2
Residential
Areas are designated Residential in order to preserve the amenity of existing residential areas
and accommodate new housing needs. Existing residential development consists primarily of
single detached dwellings. Other types of development include mini home subdivisions,
apartment buildings, and a small number of double and row house developments.
The general intent of the Residential designation is to facilitate housing for all residents
regardless of age, income, abilities, and family status, and to ensure development proceeds in
a way that maintains a pleasant residential environment. By permitting a variety of housing
forms, it is Council's objective to ensure housing remains affordable for all socio-economic
groups. The intent is also to manage residential development in a manner that preserves and
protects sensitive environments and public open space.
5.2.1
Guiding Principles
In guiding residential growth, Council will endeavour to achieve a balance between the
following principles:
(a)
Future development will maintain the Town's natural and scenic character.
(b)
Future development will accommodate an appropriate mix of housing types to meet
changing market conditions and socio-demographic needs of residents.
(c)
Future development will proceed in a way that ensures municipal infrastructure and
services can be delivered and maintained at a reasonable cost to taxpayers.
5.2.2
Land Use Zones
The Development Regulations shall establish five land use zones within the Residential
designation.
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Residential Designation - Land Use Zones
Zone
Intent
Application
Residential Medium
Recognize existing
Existing neighbourhoods
Density
neighbourhoods of
and future subdivisions.
predominantly single-
detached dwellings.
Accommodate future
needs for single, double,
and small multi-unit
dwellinqs.
Residential High Density Recognize existing and
Scattered existing high
accommodate future high-
density housing areas as
density developments
well as new development.
including apartment
buildings, double dwellings,
and row housinq.
Residential Mini home
Recognize existing and
Existing neighbourhoods
accommodate needs for
and new subdivisions.
future mini home
neiqhbourhoods.
Residential Floodway
Recognize existing
Existing neighbourhoods.
Fringe
neighbourhoods of single
dwellings in the 1: 100 year
flood risk area. Allow for
infill alonq existinq streets.
Rural Community
Recognize existing rural
Existing and future
residential development
unserviced residential and
and provide for limited
compatible uses in St.
complementary
Jude's Local Service
commercial uses and
District.
amiculture.
5.2.3
Residential Medium Density Zone
The Residential Medium Density zone applies to the majority of existing residential areas in
Deer Lake and to newly developing subdivisions. Single detached dwellings will remain the
predominant housing form in this zone. Higher density housing may be encouraged as well in
appropriate locations. Highest priority for development will be to optimize the use of existing
infrastructure through infill along existing streets and locating new subdivisions in areas that
can be economically connected to existing streets and piped services.
1.
Land Use
(1)
Permitted housing in the Residential Medium Density zone will include single and
double dwellings and subsidiary apartments in single dwellings.
Accessory buildings will be permitted on residential lots subject to standards and
conditions required by Council.
Other permitted uses include conservation, open space, personal use agriculture, and
home offices.
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(2)
Residential uses that may be permitted at Council's discretion include row houses,
apartment buildings, boarding houses, retirement homes, and residential care facilities.
(3)
At Council's discretion, a home occupation may be permitted within a residential
dwelling or an accessory building in accordance with conditions required by Council.
(4)
At Council's discretion, childcare uses, bed and breakfasts, visitor rental dwellings,
communications, convenience stores, emergency services, energy generation facilities,
recreational open space, personal livestock uses, and transportation uses may be
permitted.
5.2.4 Residential High Density Zone
The Residential High Density zone applies to only a few existing areas in Deer Lake. These
areas are dominated by a mix of apartment buildings, semi-detached, row, and single
dwellings. No new areas for high-density development are designated, however it will be
encouraged in locations that are appropriate in terms a municipal servicing capacity and
compatibility with existing development.
1.
Land Use
(1)
Permitted housing in the Residential High Density zone will include single, double, and
row dwellings, as well as subsidiary apartments in single dwellings.
Accessory buildings are permitted on residential lots subject to standards and
conditions required by Council.
Other permitted uses include conservation, open space, personal use agriculture, and
home offices.
(2)
Apartment buildings, boarding houses, retirement homes, and residential care homes
may be permitted at Council's discretion.
(3)
At Council's discretion, a home occupation may be permitted within a residential
dwelling or an accessory building in accordance with conditions required by Council.
(4)
At Council's discretion, childcare uses, bed and breakfasts, visitor rental dwellings,
communications, convenience stores, emergency services, energy generation facilities,
recreational open space, and transportation uses may be permitted.
5.2.5 Residential Mini Home Zone
The Residential Mini home zone applies to two existing mini home subdivisions located on
Boulos Place and Woodford Avenue. Mini homes are the prevailing form of development on
these streets, although there are also single and semi-detached dwellings. The intent of the
zone is to accommodate the development of mini homes as an affordable housing form.
1.
Land Use
(1)
Permitted housing in the Residential Mini home zone will include mini-homes.
Accessory buildings are permitted on residential lots subject to standards and
conditions required by Council.
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Other permitted uses include conservation, open space, personal use agriculture, and
home offices.
(2)
Double dwellings and row houses may be permitted at Council's discretion.
(3)
At Council's discretion, a home occupation may be permitted within a residential
dwelling or an accessory building in accordance with conditions required by Council.
(4)
At Council's discretion, childcare uses, communications, convenience stores,
emergency services, energy generation facilities, recreational open space, and
transportation uses may be permitted.
5.2.6
Residential Floodway Fringe Zone
The Residential Floodway Fringe zone takes in an existing residential area located in the 1:100
year floodplain in the vicinity of Nicholsville Road and Tower Road. Development in this zone
will be limited to residential infill along existing streets.
1.
Land Use
(1)
Permitted housing in the Residential Floodway Fringe zone will include single dwellings
and subsidiary apartments in single dwellings. House construction will be subject to
special conditions related to flood risk mitigation.
Accessory buildings are permitted on residential lots subject to standards and
conditions required by Council.
Other permitted uses include conservation, open space, personal use agriculture, and
home offices.
(2)
At Council's discretion, a home occupation may be permitted within a residential
dwelling or an accessory building in accordance with conditions required by Council.
(3)
At Council's discretion, bed and breakfasts, visitor rental dwellings, communications,
energy generation facilities, recreational open space, and transportation uses may be
permitted.
2.
Development Limited to Infill Only
New development in the RFF zone will be limited to infill along existing streets.
Development of new streets will not be permitted.
5.2. 7 Rural Community Zone
The Rural Community zone takes in the Local Service District of St. Jude's. While it is located
in the Deer Lake Planning Area, it lies outside the actual municipal boundary of Deer Lake.
The St. Jude's residential area does not have piped municipal services.
1.
Land Use
(1)
Permitted housing in the Rural Community zone will include single dwellings and
subsidiary apartments in single dwellings.
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Accessory buildings are permitted on residential lots subject to standards and
conditions required by Council.
Other permitted uses include conservation, open space, personal use agriculture, and
home offices.
(2)
At Council's discretion, a home occupation may be permitted within a residential
dwelling or an accessory building in accordance with conditions required by Council.
(3)
Other discretionary uses include bed and breakfasts, visitor rental dwellings, boarding
houses, campgrounds, communications, convenience stores, energy generation
facilities, kennels, personal livestock uses, recreational open space, and transportation
uses.
5.3
Town Centre
The Town Centre designation applies to the older downtown area of Deer Lake as well as a
few small commercial sites surrounded by residential neighbourhoods. This designation
recognizes the existing mix of commercial, residential, and public uses that has evolved over
time as well as opportunities to enhance the traditional mixed use character of the old town
centre through reuse and redevelopment of vacant and underused buildings and properties.
5.3.1
General Intent
(1)
Council will carefully manage new development in this designation to maintain and
enhance Deer Lake's traditional downtown area. Land uses and design approaches will
be promoted that preserve and enhance the traditional character of these areas.
(2)
Council will encourage the revitalization of Town Centre areas that have suffered from
economic decline by promoting and facilitating adaptive re-use and redevelopment of
vacant and underused buildings and properties.
(3)
The Town Centre designation will accommodate a compatible mix of land uses to
enhance the potential of these areas to function as hubs of community and commercial
activity.
5.3.2
Compatibility of Uses
(1)
In evaluating development proposals, Council will pay particular attention to the
compatibility of uses, particularly between residential and non-residential uses.
(2)
Where an area within the Town Centre designation is predominantly residential in
character, proposed non-residential uses will not be approved if they are deemed to be
incompatible with existing uses and the residential character of the area.
(3)
Before permitting any non-residential development, Council will be satisfied that its
requirements with respect to building setbacks, buffering between uses, off-street
parking, outdoor storage, and other site related matters can be met.
(4)
Council may impose conditions to require a commercial or light industrial use to
maintain an attractive appearance and minimize adverse impacts on existing uses,
including proper site layout, buffering, screening, and control or restriction of potentially
noxious activities.
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5.3.3
Guiding Principles
The following principles will be pursued within the Town Centre designation:
(a)
Adaptive reuse and redevelopment of vacant and underused properties and buildings
will be encouraged to the extent that the reuse or redevelopment will be compatible with
surrounding area and will contribute to the revitalization of the area.
(b)
Preservation and enhancement of buildings and structures of architectural or historic
interest will be encouraged.
(c)
The traditional community form will be maintained.
(d)
The appearE!nce, scale, siting, and use of new buildings, as well as expansions and
renovations to existing buildings, will have regard for and not detract from the character
of the surrounding area.
(e)
Restoration and reuse of dilapidated buildings, structures and sites that contribute to
the historical legacy and visual character of the area will be encouraged.
(f)
Public rights-of-way, trails, open spaces, and historic uses will be preserved where
possible.
5.3.4
Use of Discretionary Authority
If Council deems that a proposed development in the Town Centre designation will adversely
affect the character or heritage of the area, it may exercise its discretionary authority to set
terms and conditions on the development or to refuse the application.
5.3.5 Town Centre Zone
The Development Regulations will establish one land use zone within the Town Centre
designation - also referred to as Town Centre. The zone recognizes existing mixed-use areas,
particularly the older downtown core, as well a number of small outlying commercial sites
surrounded by residential development.
1.
Land Use
(1)
The Town Centre designation will accommodate a compatible mix of community,
commercial, and residential uses. The designation will allow for the development of
various types of housing, public buildings, open space, and low-impact commercial and
light industrial uses.
(2)
Single dwellings, double dwellings, row dwellings, subsidiary apartments, boarding
houses, accessory buildings, home offices, and personal use agriculture will generally
be permitted except where they are deemed by Council to be incompatible with existing
commercial or other non-residential uses.
Bed and breakfasts, childcare, cultural and civic uses, educational uses, emergency
services, home occupations, indoor markets, medical clinics, offices, outdoor markets,
personal services, retirement homes, residential care uses, shops, transportation,
veterinary services, and visitor rental dwellings will be permitted except where they are
deemed by Council to be incompatible with existing residential uses.
Open space and conservation are complementary uses that will be permitted.
(3)
Apartment buildings may be permitted at Council's discretion.
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(4)
Catering, commercial accommodations, take-out food services, and tourist cottage
establishments may be permitted at Council's discretion if they are deemed to be
suitable for the area and compatible with existing land uses.
(5)
Other uses that may be permitted at Council's discretion include assembly uses, clubs
and lodges, communications uses, drinking establishments, energy generation
facilities, entertainment uses, funeral homes, garden centres, general services, light
industry, places of worship, recreational open space, service stations, cannabis retail
outlets, and tourist cottage establishments.
5.4
Commercial-Industrial
The Commercial-Industrial designation includes existing commercial and industrial areas as
well as proposed future development areas. These include established areas of commercial
and/or light industrial activity in the vicinity of Old Bonne Bay Road, Commercial Street, and
the Trans Canada Highway, some scattered smaller areas, as well a new industrial
development area north of Old Bonne Bay Road.
5.4.1
General Intent
In keeping with Council's goal of increased economic activity, areas are designated
Commercial-Industrial to facilitate business development and enhance Deer Lake's position as
a regional service centre and transportation hub. Commercial areas allow for a range of
commercial and light industrial uses, ranging from retail services, highway services, travel and
visitor accommodations businesses. Industrial areas accommodate general and light industrial
uses and may include uses that are potentially hazardous in nature.
5.4.2
Compatibility with Neighbouring Uses
New development will be permitted to the extent that it is a suitable fit with surrounding existing
development and will not unreasonably affect nearby residential areas with respect to noise,
dust, glare, vibration, smell, traffic, and related factors.
Council may impose conditions to require a commercial or industrial use to maintain an
attractive appearance and minimize adverse impacts on existing uses, including proper site
layout, buffering, screening, and control or restriction of potentially noxious or hazardous
activities. Required screening may include fencing, berms, and/or appropriate plantings of
trees and shrubs.
5.4.3
Off-Street Parking and Loading
Adequate off-street parking and loading facilities shall be provided in accordance with
standards set out in the Development Regulations.
5.4.4 Design and Appearance of Properties
Council will ensure that a high standard of building design and appearance is maintained for
all commercial and light industrial development.
5.4.5 Area Plan
(1)
Purpose
Council will require an Area Plan to be approved before permitting development of new
streets in the Commercial-Industrial designation.
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(2)
Area Plan Adoption
An Area Plan will be a professionally prepared document with text and accompanying
maps. It will be reviewed by Council to determine conformity to the Municipal Plan and
Development Regulations. Prior to approving an Area Plan, Council at its discretion
may give public notice, make the plan available for public review, and consider all
objections and representations received.
5.4.6
Land Use Zones
The Development Regulations shall establish five land use zones within the Commercial-
Industrial designation.
Commercial-Industrial Designation - Land Use Zones
Zone
Purpose
Application
Commercial General
Recognize existing general
Existing and future
retail sites and
commercial lands in vicinity
accommodate future retail
of Commercial Street.
development needs.
Commercial-Light
Recognize existing mixed
Existing and future
Industrial
commercial-light industrial
commercial lands south
areas and provide for
and north of Old Bonne
future development.
Bay Road.
Commercial Highway
Recognize existing
Existing highway and
highway service areas and
commercial
provide for future
accommodation service
development.
area along Trans Canada
HiQhway.
Tourism Recreation
Provide lands for a mix of
Existing and future mixed-
land-extensive visitor
use tourism and recreation
accommodation and
areas south and north of
passive recreational uses.
Humber River.
Industrial General
Provide lands for exclusive
Some small existing areas
general industrial
as well as new industrial
development.
land north of Old Bonne
Bay Road towards the
Trans Canada Highway.
5.4.7
Commercial General Zone
The Commercial General zone applies to land fronting onto Commercial Street as well as land
designated for future general commercial development north of Commercial Street. The intent
of this zone is to facilitate general commercial development to enhance Deer Lake's position
as a regional retail and service centre.
1.
Land Use
(1)
The Commercial General zone will allow for the development of various types of retail
and service businesses, as well as certain cultural and public service uses.
(2)
Permitted business uses include shops, catering, general and personal services, indoor
and outdoor markets, offices, take-out food services, and veterinary services.
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Other permitted uses include childcare services, cultural and civic uses, emergency
services, indoor assembly, medical clinics, and transportation.
Open space and conservation are complementary uses that are permitted.
(3)
Uses that may be permitted at Council's discretion include clubs and lodges,
commercial accommodations, communications, drinking establishments, energy
generation facilities, entertainment uses, funeral homes, general assembly .uses,
kennels, light industries, outdoor assembly, service stations, shopping centres, vehicle
sales and services, and cannabis retail outlets.
(4)
At Council's discretion, a subsidiary apartment may be permitted in a main use if it is
deemed necessary for the operation and/or security of that use.
5.4.8
Commercial-Light Industrial Zone
The Commercial-Light Industrial zone generally applies to the area immediately south and
north of Old Bonne Bay Road, including land fronting onto Wight's Road, Reid's Lane, Shaw
Street, and Wellen Drive. It also applies to a number of smaller sites on Nicholsville Road,
Spillway Road, and St. Jude's Main Road. The intent of this zone is to recognize the existing
commercial and light industrial uses and to facilitate continued compatible development of
these types of uses.
1.
Land Use
(1)
The Commercial-Light Industrial General zone will allow for the development of various
types of retail and service businesses, as well as certain cultural and public service
uses.
(2)
Permitted business uses in the Commercial-Light Industrial zone include shops,
catering, garden centres, general and personal services, indoor and outdoor markets,
light industries, offices, transportation, and veterinary services.
Other permitted uses include childcare services, communications, cultural and civic
uses, education services, emergency services, and medical clinics.
Open space and conservation are complementary uses that are permitted.
(3)
Uses that may be permitted at Council's discretion include clubs and lodges,
commercial accommodations, drinking establishments, energy generation facilities,
entertainment uses, funeral homes, crematoriums, general garages, general industries,
hazardous industries, assembly uses, kennels, recreational open space, recycling
facilities, service stations, shopping centres, take-out food services, vehicle sales and
services, waste transfer stations, cannabis retail outlets and mineral working.
(4)
At Council's discretion, a subsidiary apartment may be permitted in a main use if it is
deemed necessary for the operation and/or security of that use.
5.4.9 Commercial Highway Zone
The Commercial Highway zone applies to land abutting the Trans Canada Highway.
Development in this zone is primarily oriented to serving the travelling public, including highway
automobile and airport traffic. Main uses in this zone will be those that provide travel related
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services such as service stations, food outlets, hotels, and motels. The intent of this zone is to
facilitate economic activity related to the provision of travel related services.
1.
Land Use
(1)
The Commercial Highway zone will allow for the development of various types of retail
and service businesses whose primary purpose is to provide services to the highway
and air traveling public.
(2)
Permitted business uses in the Commercial Highway zone include catering, commercial
accommodations, communications, emergency services, passenger assembly, service
stations, shops, take-out food services, and transportation.
Offices will be permitted as subsidiary uses to main uses.
Open space and conservation are complementary uses that are permitted.
(3)
Uses that may be permitted at Council's discretion include campgrounds, tourist
cottage establishments, drinking establishments, energy generation facilities, outdoor
markets, recreational open space, and mineral exploration, and petroleum exploration.
(4)
At Council's discretion, a subsidiary apartment may be permitted in a main use if it is
deemed necessary for the operation and/or security of that use.
5.4.10 Tourism Recreation Zone
The intent of the Tourism Recreation zone is to facilitate business and economic activities
related to Deer Lake's strategic advantage as a primary gateway for visitor traffic in Western
Newfoundland. In particular, locations in this zone are regarded as attractive sites for
campground and tourist cottage development combined with passive outdoor recreation
developments such as trails along Humber River.
1.
Development Plan
Before development of any proposed tourism or recreation development is permitted, a
proponent must submit a development plan for Council's approval in accordance with
requirements set out in the Development Regulations.
2.
Land Use
(1)
The Tourism Recreation zone will allow for the development of a strategic mix of
campgrounds and/or tourist cottage establishments combined with outdoor recreation
and open space uses and appropriate accessory retail and service uses.
(2)
Permitted uses in the Tourism Recreation zone include open space and conservation.
(3)
Uses that may be permitted at Council's discretion include campgrounds, tourist cottage
establishments, communications, energy generation facilities, outdoor markets,
recreational open space, and transportation.
(4)
Catering, convenience stores, shops, and take-out food services may be permitted at
Council's discretion if they are accessory to a tourist cottage establishment,
campground, or recreational open space use.
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(5)
At Council's discretion, a subsidiary apartment may be permitted in a main use if it is
deemed necessary for the operation and/or security of that use.
3.
Protecting Environmentally Sensitive and Scenic Areas
Council may restrict or set conditions on development in locations that it deems to be
environmentally or aesthetically sensitive. In such areas protection and conservation will take
priority over development.
5.4.1 1 Industrial General Zone
The Industrial General zone applies to a new industrial park under development to the north of
Old Bonne Bay Road and abutting the Trans Canada Highway in proximity to the entrance to
Deer Lake Airport. Other areas zoned Industrial General include a site at the end of South Main
Street and another at the end of Gatehouse Road.
The Industrial General zone is established to accommodate general and light industrial uses
and may include uses that are potentially hazardous in nature.
1.
Land Use
The Industrial General zone accommodates general industrial uses such as fuel storage,
manufacturing and processing, fabrication and construction yards, trucking and heavy
equipment depots, bulk storage, warehouse, industrial storage, concrete plants, and salvage
yards. The designation may also accommodate light industrial and compatible commercial
uses such as plumbing shops, fabrication and repair shops, heavy equipment dealers, etc.
(1)
Permitted Uses in the Industrial General zone include general industries, light
industries, general garages, general services, emergency services, communications,
offices, service stations and transportation.
Open space and conservation are complementary uses that are permitted.
(2)
Uses that may be permitted at Council's discretion include energy generation facilities,
funeral homes, crematoriums, hazardous industries, mineral and petroleum exploration,
mineral working, mining, recycling facilities, salvage yards, waste transfer stations,
take-out food services, and recreational open space.
(3)
At Council's discretion, a shop may be permitted that is accessory to a main use if it is
deemed by Council to be an integral component of that use.
(4)
At Council's discretion, a subsidiary apartment may be permitted in a main use if it is
deemed necessary for the operation and/or security of that use.
5.5
Public Use
The Public Use designation refers to lands used for institutional uses such as schools,
churches, public medical facilities, and government buildings.
5.5.1
General Intent
Lands are designated Public Use in order to permit the development of public and institutional
uses such as churches, schools, community facilities, medical facilities, and government
buildings.
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5.5.2 Public Use Zone
The Development Regulations shall establish one land use zone within the Public Use
designation, also referred to as Public Use.
1.
Land Use
(1)
Permitted uses in the Public Use zone include childcare, education uses, medical
clinics, and transportation.
Offices are permitted that are accessory to a main use.
Open space and conservation are complementary uses that are permitted.
(2)
Uses that may be permitted at Council's discretion include cemeteries, clubs and
lodges, cultural and civic uses, energy generation facilities, assembly uses, medical
treatment facilities, places of worship, recreational open space, retirement homes, and
residential care homes.
(3)
At Council's discretion, catering may be permitted that is accessory to a main use.
(4)
At Council's discretion, a subsidiary apartment may be permitted in a main use if it is
deemed necessary for the operation and/or security of that use.
5.6
Open Space
5.6.1 General Intent
The Open Space designation refers to lands set aside for parks and open space, active and
passive recreational uses, trails, cemeteries, and separation buffers between different land use
classes. Most of the Newfoundland T'Railway corridor is located in the Open Space designation
through Deer Lake's built-up area.
5.6.2
Open Space Zone
The Development Regulations shall establish one land use zone within the Open Space
designation, also referred to as Open Space.
1.
Land Use
(1)
Permitted uses in the Open Space zone include conservation and open space.
(2)
Uses that may be permitted at Council's discretion include cemeteries, energy
generation facilities, assembly uses, marinas, outdoor markets, personal use
agriculture, recreational open space, and transportation.
(3)
At Council's discretion, catering and take-out food services may be permitted that are
accessory to a main use such as a marina or assembly use.
(4)
At Council's discretion, an outdoor market may be permitted on a temporary basis, for
example, as part of a community event.
2.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design plan
for Council's consideration.
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5.7
Airport
5.7.1
General Intent
The Airport designation refers to lands under the control of the Deer Lake Regional Airport
Authority. These lands are designated for the development and operation of the airport.
5.7.2 Airport Zone
The Development Regulations shall establish one land use zone within the Airport designation
- also referred to as Airport. The zone recognizes existing land uses on these lands and
provides for future airport-related development.
1.
Land Use
(1)
Permitted uses in the Airport zone include catering, communications, emergency
services, energy generation facilities, general services, light and general industries,
offices, passenger assembly, personal services, shops, and transportation.
Open space and conservation are complementary uses that are permitted.
(2)
Uses that may be permitted at Council's discretion include forestry, mineral and
petroleum exploration, mineral working, mining, and petroleum extraction.
2.
Development Approval
A proposed development in the Airport designation must be approved by the Deer lake
Regional Airport Authority before a permit will be issued by Council.
5.8
Utility
5.8.1
General Intent
Lands designated Utility are reserved exclusively for public utility uses.
5.8.2
Utility Zone
The Development Regulations shall establish one land use zone within the Utility designation
- also referred to as Utility. The zone recognizes and protects existing utility sites.
1.
Land Use
Existing development within the Utility zone includes the Deer Lake Power hydro plant and
penstocks, the Deer Lake sewage treatment plant, the Deer Lake waste management site, and
electrical substations.
(1)
Permitted uses in the Utility zone include communications and energy generation
facilities.
Conservation is a complementary use that is permitted.
(2)
Uses that may be permitted at Council's discretion include electrical utilities, solid waste
and recycling facilities, wastewater utilities, waste transfer stations, and transportation.
At Council's discretion general and light industrial uses may be permitted that are
accessory to a main utility use.
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5.9
Highway Corridor
The Highway Corridor designation refers to the two arterial highway corridors that pass through
the Deer Lake Planning Area.
5.9.1
General Intent
The Highway Corridor designation applies to the Trans Canada Highway (Route 1. This
designation recognizes its status as a protected highway under the Provincial Protected Roads
Zoning Regulations.
5.9.2
Highway Corridor Zone
The Development Regulations shall establish one land use zone within the Highway Corridor
designation - also referred to as Highway Corridor.
1.
Land Use
(1)
Transportation is a permitted use in the Highway Corridor zone.
Open space and conservation are complementary uses that will be permitted.
(2)
Uses that may be permitted at Council's discretion include communications, electrical,
water, and wastewater utilities.
5.10
Rural
5.10.1 General Intent
Areas are designated Rural to recognize their importance for natural resource utilization,
agriculture development and protection, outdoor recreation, habitat conservation, and certain
industrial activities that may not be suitable in or near Deer Lake's built-up areas.
Urban encroachment into rural areas will be minimized in order to sustain resource-based
activities and reduce the loss, fragmentation, and degradation of existing and potential
agricultural land and natural habitat.
5.10.2
Land Use Zones
The Development Regulations shall establish two land use zones within the Rural designation.
Rural Desianation - Land Use Zones
Zone
Intent
Aoolication
Mineral Working
Recognize important
Existing mineral working
resource lands for
area located east of Deer
aggregate extraction and
Lake Airport.
manaqement.
Rural
Recognize lands presently
Existing rural lands lying
used or with potential for
outside Deer Lake's built-
agriculture, forestry and
up areas.
other natural resource
developments.
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5.10.3 Mineral Working Zone
The Mineral Working zone applies to land located east of Deer Lake Airport and sandwiched
between the north side of the Trans Canada Highway and Junction Brook. This area is
important as an aggregate resource area to supply the needs of Deer Lake and surrounding
areas.
1.
Land Use
(1)
Permitted uses in the Mineral Working zone include mineral working, mineral and
petroleum
exploration,
communications,
energy
generation
facilities,
and
transportation.
Open space and conservation uses are also permitted.
(2)
Uses that may be permitted at Council's discretion include forestry, mining, waste
transfer stations, and petroleum extraction.
(3)
A general and light industrial use that is accessory to a mineral working, forestry,
mining, or petroleum extraction u~e may be permitted at Council's discretion.
5.10.4 Rural Zone
The Rural zone applies to significant tracts of land located in the east and southwest extremities
of the Deer Lake Planning Area.
1.
Land Use
(1)
Permitted uses in the rural zone include crop agriculture, forestry, mineral and
petroleum exploration, energy generation facilities, transportation, open space, and
conservation.
(2)
Uses that may be permitted at Council's discretion include abattoirs, cemeteries,
campgrounds, communications, livestock agriculture, mineral working, mining,
petroleum extraction, recreational open space, marinas, waste transfer stations, and
salvage yards.
At its discretion, Council may permit a single dwelling that is accessory to a commercial
agricultural use.
A general or light industrial use may be permitted at Council's discretion provided that
the use is accessory to a commercial agriculture, forestry, mineral working, mining, or
petroleum extraction use, or is unsuitable for built-up areas of Deer Lake.
An outdoor market or shop may be permitted at Council's discretion provided that the
use is accessory to a commercial agriculture use, campground, or recreational open
space use.
2.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design plan
for Council's consideration.
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3.
Environmentally Sensitive and Scenic Areas
Council may restrict or set conditions on land uses and resource extraction activities in
locations where it deems that the use may adversely affect steep slopes, geologically unstable
areas, wetlands, watercourses and other sensitive areas. In these areas, protection and
conservation will take priority over development.
4.
Forestry
(1)
Forest harvesting and management activities on Crown land will be subject to the
requirements and supervision of the Forestry Branch of the Department of Fisheries
and Land Resources.
(2)
Logging activities shall respect the Town's objectives for environmental protection,
municipal watershed protection, scenic preservation, and recreation areas.
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6.0
IMPLEMENTATION
The Deer Lake Municipal Plan will be implemented over the next 10 years through decisions
of Council. Of particular importance to Council are the following:
-
Effective administration of the Municipal Plan
-
Public participation
-
Development Regulations
-
The basis of development control, and
-
The procedure for considering amendments to the Municipal Plan.
6.1
Administration of the Plan
The Deer Lake Municipal Plan is is comprised of goals and objectives (Section 3 of this
document), community-wide land use policies (Section 4), designation-specific land use
policies (Section 5), and a program of implementation (Section 6). The Background Report
(Section 2) provides information but does not form part of the legally binding Deer Lake
Municipal Plan. All development applications will be evaluated as to their conformity to the
policies in the Municipal Plan.
6.1.1 Map Interpretation
(1 )
For the purpose of administering the Municipal Plan, Future Land Use Maps
1, 2, and 3 shall be read only in conjunction with the goals, objectives and land
use policies of the Plan.
·
(2)
The boundaries of the land use designations shown on the Future Land Use
Maps are general only and, except where they coincide with roads, shorelines,
or other prominent physical features, are not intended to define exact limits. No
amendment to the Deer Lake Municipal Plan shall be required to allow minor
adjustments of the land use boundaries. Other than such minor boundary
adjustments, no development shall be permitted that does not conform to the
Plan.
6.1.2
Development Applications
(1)
A person wishing to develop land for any purpose within the Deer Lake
Municipal Planning Area must apply to Council for permission through the
established procedure. Council shall require that all development applications
conform fully to the Deer Lake Municipal Plan and Development Regulations
before proceeding. Council may refuse or approve the application and may set
conditions on approval. The decision of Council may be appealed to the
appropriate appeal board.
(2)
Once conformity to the Municipal Plan has been established, Council shall
ensure that each development proposal is given an evaluation.
(3)
If Council suspects that a Provincial or Federal policy or statute may come into
effect, it will refer the development proposal to the relevant government
department or agency for approval or comments.
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(4)
Council's final decision on an application will be based on the desire to guide
the development of Deer Lake in the best long-term interest of residents and
landowners.
(5)
Provisions regarding the appeal of Council decisions on development
applications will be contained in the Development Regulations.
6.1.3
Subdivision Proposals and Agreements
(1)
Evaluations of proposed subdivisions of land for development will include the
following:
(a)
An investigation of the physical conditions and features of the site,
opportunities for development, and constraints on development.
(b)
A demonstration of how the proposed subdivision will connect to existing
roads, how it will affect existing developments, and whether it will provide
future access to undeveloped lands in the area.
(c)
A demonstration that the proposed subdivision will be compatible with
surrounding land uses, both existing and future.
(d)
An examination of proposed municipal services and the long-term public
costs of providing and maintaining these services.
(e)
Consideration of how stormwater drainage will be managed to minimize
increased run-off onto adjacent lands.
(f)
Consideration of how the development may affect important and
sensitive environmental resources.
(2)
Before major land developments are approved in the Deer Lake Municipal
Planning Area, Council may require the developer to enter into a development
agreement with the Town. Such an agreement shall establish the conditions
under which development will proceed and shall be binding on both parties. Any
conditions governing the development will be enforced by attaching them to the
development permit.
6.1.4 Non-Conforming Uses
(1)
A building, structure, or other development that does not conform with the intent
and permitted land uses of this Municipal Plan, but which legally existed before
the registration date of the Plan, will be permitted to continue as a "non-
conforming use" subject to the provisions of Section 108 of the Act.
(2)
Notwithstanding subsection (1 ), if a non-conforming use is discontinued for a
consecutive period of twelve months, it shall not be recommenced and any
further use of the land or building shall conform to the intent of this Plan and its
Development Regulations.
(3)
A non-conforming use under this Municipal Plan:
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by Council,
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development,
(c)
shall not be reconstructed or repaired for use in the same non-
conforming manner where 50 percent or more of the value of that
building, structure or development has been destroyed,
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(d)
may have the existing use for that building, structure or development
varied by Council to a use that is, in Council's opinion more compatible
with this Municipal Plan and its Development Regulations
(e)
may have the existing building extended where, in Council's opinion, that
extension is not more than 50 percent of the existing building
(f)
where the non-conformity is with respect to the standards included in the
Development Regulations, shall not be expanded if the expansion would
increase the non-conformity; and
(g)
where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with this Municipal Plan and its
Development Regulations, be repaired or rebuilt where 50 percent or
more of the value of that building or structure is destroyed.
6.2
Public Participation
The Municipal Plan is an expression of the goals and aspirations of the citizens of Deer Lake,
therefore, periodic reviews of the Plan provide an opportunity for public participation and input
and can be an invaluable tool for the successful implementation of planning.
Council will take advantage of opportunities to involve the public in decision-making processes
with respect to future planning and development of the community.
6.3
Development Regulations
Pursuant to Section 35 of the Urban and Rural Planning Act 2000, Council has adopted the
Deer Lake Land Use Zoning and Subdivision Regulations (referred to as the Development
Regulations) in order to implement the goals, objectives and land use policies of the Municipal
Plan. The Development Regulations control the subdivision and development of all land within
the Deer Lake Planning Area.
6.3.1
Council Responsibility
In accordance with Section 35 of the Urban and Rural Planning Act 2000, the
Development Regulations have been established to ensure that land is controlled and
used only in accordance with the Deer Lake Municipal Plan.
6.3.2
Content
The Development Regulations:
(a) divide the Planning Area into land use zones
(b) indicate permitted and discretionary land uses in each land use zone,
(c) set out municipal-wide and zone-specific requirements and standards for the
subdivision and development of land,
(d) set out the administrative procedures for dealing with development permit
applications and the issuing of development and building permits,
(e) set out the regulations respecting the non-conforming development and use of
land,
(f) set the minimum notice periods for Council decisions respecting discretionary land
uses, non-conforming land uses, and variances,
(g) set out the regulations and procedures respecting appeals of Council decisions,
and
(h) set out the regulations respecting the enforcement of permit requirements.
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6.4
Development Control
6.4.1
Municipal Plan is Binding
The Deer Lake Municipal Plan is a legal document that is binding upon all persons and
organizations including Council.
6.4.2
Council Responsibility
Council shall exercise appropriate control over development in the Deer Lake Planning
Area in accordance with the Municipal Plan and the Development Regulations.
6.4.3 Subdivision and Development Applications
(1)
All persons wishing to subdivide or develop land for any purpose within the
Planning Area shall apply to Council for permission on the prescribed
application form and shall submit a detailed drawing of the proposal indicating
the location and dimensions of the land and the development.
(2)
Council will examine the application on the basis of the Development
Regulations. Council may approve the application, approve it with conditions, or
refuse it.
6.4.4
Right to Appeal
An applicant who receives a refusal decision from Council on a development application
may appeal that decision to the Appeal Board in accordance with the Deer Lake
Development Regulations.
6.4.5 Provincial and Federal Referrals
If Council deems that a proposed development may be affected by the policies or
regulations of a Provincial or Federal department, the application will be referred to the
concerned department for comments before a permit is issued.
6.5
Amending the Municipal Plan and Development Regulations
This Municipal Plan was prepared on the basis of existing and expected future conditions. It is
Council's intention not to amend the Plan for a five-year period after its adoption, after which
another Plan Review will be undertaken. Nevertheless, if circumstances change in unforeseen
ways during the planning period, Council may consider possible amendments to the Plan.
6.5.1 Municipal Plan Amendment
If Council decides to adopt an amendment to the Municipal Plan, in accordance with
Section 25 of the Urban and Rural Planning Act 2000, the amendment procedure will
be the same as for the adoption of the Municipal Plan as a whole. This procedure is
outlined in Sections 14 to 24 of the Act.
6.5.2
Stand-Alone Amendment to the Development Regulations
(1)
If Council decides to adopt an amendment to the Development Regulations that
does not also require a change to the Municipal Plan, the amendment procedure
will be in accordance with Section 35 (5) of the Act.
(2)
Council shall give notice of the proposed change in a newspaper circulated in
the area and shall receive representations with respect to those changes before
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forwarding the adopted amendment to the Department of Municipal and
Intergovernmental Affairs and for registration under Section 24 of the Act.
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