Eastport, Newfoundland and Labrador
· adopted 2009-06-10
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TOWN OF EASTPORT
MUNICIPAL PLAN
IMPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Municipal Plan Amendments
URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO APPROVE
TOWN OF EASTPORT MUNICIPAL PLAN 2011-21
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning
Act. 2000, the Town Council of Eastport
a)
adopted the Eastport Munieipal Plan 2011
I on the
10th ___ day of
June
, 2009,
b)
gave notice of the adoption of the Eastport Municipal Plan 2011
l by adve.rtisement
inserted on the
22'
11
day and the
29th
day of_--"'O=ctober ...... , 2009 in the
Beacon
newspaper.
c)
set the _7.,_'_h _
day of November
at
9:30 a.m. at the SUF Hall, Eastport
for the holding of a public hearing to consider objections and submissions.
Now under section 23 of the Urban and Rural Planning Act. 2000, the Town Council of
Eastport approves the Eastport Municipal Plan 2011-21 as adopted.
Mayor:
(Council Seal)
Clerk:
N 11 m IJ~ ,- ____ Jf.19.9.:-i~l,2..& OJ -- _,_ ... -·"
Dale.
· _ .JP· U7Z...._ V
_
URBAN AND RURAL PLANNING AC1~ 2000
RESOLUTION TO ADOPT
TOWN OF EASTPORT MUNICIPAL PLAN 2011-21
Under the authority of Section 16 of lhe Urban qnd Rural Planning_Act 2000, the Town
Council of Eastport adopts the Eastport Municipal Plan 2011-2 J,
Adopted by the Town Council of Eastport on the ~~-- day of ---''-"-'-'"'-···-' 2009.
;il-
nil I ,
Signed and sealed !his~- day of_]_~_, 201 L
Mayor:
(Council Seal)
Clerk:
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Eastport Municipal Plan 2011-2 l has been prepared in accordance
with the requirements of the _Urban and Rural Planning Act, 2011.
MCIP:
/o~aird
BACKGROUND
TOWN OF EASTPORT
MUNICIPAL PLAN 2011-21
The Town of Eastport has adopted the proposed Eastport Municipal Plan 2011-21, which was prepared in
accordance with the requirements of the Urban and Rural Planning Act, 2000.
In accordance with Section 14 of the Act, public consultation for the proposed Municipal Plan included an open
house at the Town Hall on August 25, 2008 from 3:00 PM to 8:30 PM.
In accordance with Section 15 of the Act, the proposed Municipal Plan was reviewed and released by the
Department of Municipal Affairs.
TABLE OF CONTENTS
1.
lNTRODUCTION .................................................................................................. 1
1.1
Foreword .................................................................................................................. 1
I. I. I
Contents of the Eastport Municipal Plan ..................................................... 1
1.1.2
Bringing the Municipal Plan into Effect.. .................................................... 2
1 .I .3
Administering the Municipal Plan ............................................................... 2
1.2
Background Review ................................................................................................. 3
1.2.1
Eastport Planning Area and Municipal Area ............................................... 3
1.2.2
Economy and Population ............................................................................. 3
1.2.3
Land Use Issues ........................................................................................... 8
1.2.4
Municipal Services ..................................................................................... 11
2.
GOALS AND OBJECTlVES .............................................................................. 13
2.1
Community Structure and Character ..................................................................... 13
2.2
Economy ................................................................................................................ 14
2.3
Commercial and Industrial Development .............................................................. 15
2.4
Housing .................................................................................................................. 15
2.5
Culture, Recreation and Open Space ..................................................................... 16
2.6
Transportation ........................................................................................................ 16
2.7
Environment. .......................................................................................................... 17
2.8
Municipal Finances ................................................................................................ 17
3.
LAND USE POLICIES ................................. u ............ nu .................................... 19
3.1
General Policies ..................................................................................................... 19
3 .1. 1
General Land Lise ...................................................................................... 19
3.1.2
General Environment ................................................................................. 27
3.2
Environmental Protection ...................................................................................... 29
3.3
Residential.. ........................................................................................................... .31
3.4
Commercial/Industrial .......................................................................................... .35
3.5
Mixed Use .............................................................................................................. 36
3.6
Open Space ............................................................................................................ 39
3. 7
Rural ...................................................................................................................... .40
3.8
Transportation ........................................................................................................ 43
3.8.1
Roads .......................................................................................................... 43
3.8.2
Provision for the Disabled ........................................................................ .45
3.9
Municipal Services ................................................................................................ .45
4.
IMPLEMENTATION ........................................................................................ .48
4.1
Municipal Plan Administration ............................................................................. .48
4.2
Public Works Program ........................................................................................... 52
4.3
Development Regulations ..................................................................................... .55
4.4
Development Control ............................................................................................. 55
4.5
Procedure for Amending the Municipal Plan ........................................................ 56
Town of Eastport Municipal Plan 2011-20
Page 1
1 INTRODUCTION
1.1
Foreword
The Eastport Municipal Plan establishes land use designations and policies for the future
development of the Municipality by setting out a 10-year land use strategy. The
Municipal Plan incorporates lands included within the Eastport Municipal Boundary and
Planning Area Boundary. The intent of the Municipal Plan is to provide for a safe,
healthy, and prosperous community while conserving the financial and material resources
of the Town Council and residents of the town. The Eastport Municipal Area is the same
as the designated Planning Area.
The Municipal Plan was prepared aecording to Section 13 of the Urban and Rural
Planning Act. It guides the physical improvement and future growth of the Town by
identifying locations for, and issues and opportunities associated with, various types of
land use and development. The Municipal Plan provides the basis for the Development
Regulations (land use, zoning, subdivision and advertisement regulations), which Council
will administer through development and subdivision permits.
1.1.1 Contents of the Eastport Municipal Plan
The Eastport Municipal Plan, comprising this report and its accompanying maps, is a
legal document when adopted by Council and registered under the Urban and Rural
Planning Act. It contains:
-
The aims of Council (goals, objectives, and land use policies).
-
The land use plan for future development.
-
The timing and cost of recommended capital works over the next five years.
The Background Review, presented in Section 1.2 of this report, describes the conditions
existing when the Eastport Municipal Plan was prepared (2007 /08) and provides the
2011
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page2
rationale for the land use policies of the Plan. The Background Review does not form part
of the legal document.
1.1.2 Bringing the Municipal Plan into Effect
The Urban and Rural Planning Act sets out the process for bringing the Eastport
Municipal Plan into effect. Upon completion of the Municipal Plan, Council submits all
relevant documents and maps to the Department of Municipal Affairs to review the
document for conformity to the Act and as it pertains to Provincial interests. Council may
then adopt the Municipal Plan and provide public notice for a Public Hearing to hear
representations and objections. The hearing is chaired by a commissioner appointed by
the To\\11 who records the proceedings and submits a report with recommendations to
Council. At this time, Council may choose to approve the plan, amended or otherwise,
and submit it to the Minister of Municipal Affairs along with the commissioner's report.
When a satisfactory review has been completed by the Minister, the plan is registered
with the Department of Municipal Affairs and Council is notified. Notice of registration
of the Municipal Plan is then published in the Newfoundland Gazette. This date is
considered the date of the coming into force of the plan and regulations that are the
subject of the notice.
1.1.3 Administering the Municipal Plan
When notice of Ministerial approval of the Eastport Municipal Plan is published in the
Newfoundland Gazette, the plan becomes legally binding on the Town Council and on all
persons, eorporations and organizations.
The Eastport Town Council administers the Eastport Municipal Plan by implementing its
policies. This is done in several ways:
-
By preparing land use zoning, subdivision and Development Regulations.
-
By issuing development permits to people who wish to build, to change the use of a
building or to subdivide land.
2011
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page3
-
By undertaking the capital works and development schemes outlined in the Eastport
Municipal Plan when the financial resources are available.
Five years after the Eastport Municipal Plan is approved, Council will review it and make
any necessary revisions to provide for the next 10-year planning period in accordance
with Section 28 of the Urban and Rural Planning Act. Amendments to the Municipal Plan
may be made by Council at any time and brought into effect by the same process
described above.
1.2
Background Review
This section presents the analysis carried out to prepare the Eastport Municipal Plan.
1.2.1 Eastport Planning Area and Municipal Area
The Eastport Planning Area is shown on Maps 1 ,md 2. It shares borders with the Tow11s
of Sandy Cove and Happy Adventure in the south and Sandringham in the west while
extending northward around Eastport Bay to Eastport North, Watch Point and a border
with the Town of St Chad's. Much of the Planning Area is bordered by the Atlantic
Ocean in the eastern and northern sections.
1.2.2 Economy and Population
This section presents an overview of the community and population forecast, based upon
data from the 2006 Census of Canada.
The population profile of the Tov,n is presented in Exhibit 1. Over the period from 1996
to 2006, the population of the Town declined by 8.6% from 557 to 509. Over the san1e
five-year period, the population of Newfoundland and Labrador also declined by 7 .0%.
While the drop in population has been relatively the same for the Town and the Province,
there are important differences that are acknowledged in the Municipal Plan. In 2001, the
average age of the provincial population was 38.4 years while the average for the Town's
2011
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page4
residents was 48.8 years. The result is a population profile with fewer children and more
residents above 55 years and senior citizens than the provincial average. Of the
population 15 years and over, 60% are married while 22% are single and 12% are
widowed.
There were 150 families in.the Town in 2001. Of this total, 120 or 80% were married and
the remainder was common law. The average family size ranged from 2.5 (common law)
to 2.9 (married). Of the total, there were 10 lone parent (female) families. The median
income of all families was $32,735.
A more complete indicator of residential development activity in the Town is household
characteristics. In 2001, there were 220 private households in the Town with the
distribution being:
-
Couple with Children:
25%
-
Couple without Children:
43%
-
One Person:
25%
-
Other Types:
7%.
Of the total private dwellings, almost 90% are owner occupied and 10% are rented dwellings. The
average gross monthly rent was $402 and monthly payments for owner occupied dwellings was
$328. The average value of a private dwelling was $51,562 with IO new dwellings constructed
between I 996 and 2001.
Another planning-related feature of the population is mobility. Over the period from 1996 to
2001, over 75% of the population did not move while 20% lived at a different address in
Newfoundland and Labrador. Only four percent of the population moved to the Town from
another province or country. This mobility profile is similar to provincial averages.
Looking to the future, population change 1,vill result from births (fertility rates), deaths
(mortality rates), in-migration and out-migration. Throughout Newfoundland and
Labrador, out-migration to other regions of Canada and lower female fertility rates has
2011
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page5
resulted in a decline in the overall population. Within the Province, there has also been
intra-regional migration from smaller communities to the St. John"s Census Metropolitan
Area and other cities. Looking to the future, fertility and mortality rates will continue to
follow longer-term patterns of fewer births and longer life expectancy. Migration is a
result of actual or perceived economic opportunities and this factor is more difficult to
predict beyond the short-tenn.
The Town of Eastport has experienced retirement in-migration during the recent past, and
this has helped to maintain the population at a fairly stable level in comparison with the
regional population (i.e. Kittiwake Economic Zone) The Town's population declined hy
10.2% (from 557 to 499) from 1996 to 2006, while the regional population declined by
14.2%.
The Municipal Plan assumes that that the permanent population will decline over the next
ten years, but at a slower rate than the surrounding region. The population of the
Kittiwake Economic Zone is projected to decline at a rate of between 5.6% and 8.9%
between 2006 and 2016 (http://www.cconomics.gov.nl.ca/population/default.asp ). If
Eastport's future population changes in the same proportion to the region as occurred
from 1996-2006, it can expect a decline of 4.0% to 6.4% from 2006 lo 2016, and by
5.4%- to 9.2'Vi, by 2021. Assun1ing a medium range, the year-round population can be
expected to decline to about 475 people by 2016 and to about 460 by 2021.
From a land use needs perspective, this gradual decline in permanent population is likely
to be negated by a continuing trend to smaller households, which for Eastport is expected
to change from an average of 2.3 persons per household to 2.1 by 2016. As a result, new
household fom1ation is expected to create a demand for 21 new units by 2016 as
presented in Exhibit 2,
Census based population data for Eastport, on its own, is insufficient for assessing future
residential land use needs. This is because the Census does not attempt to capture
seasonal population numbers. While the precise number is unknown, Eastport has a
2011
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page 6
significant number of seasonal residents. According to Council, approximately one
hundred dwellings have their water supply turned off each winter. A more reliable
indicator is the Census figure on total private dwellings compared to the number
occupied by usual residents. In the 2006 Census, Eastport had a total of 307 private
dwellings. However only 227, or 73.9%, were occupied by what the census defines as
"usual" residents. It must be assumed therefore that the remaining 80 dwellings are
inhabited by seasonal residents. If it is assumed that the average number of occupants in
seasonal dwellings is the same as in year-round dwellings, then the combined total of
both permanent and seasonal residents is estimated to be about one-third higher than the
Census population of 510. Therefore, in terms of estimating future land needs for housing
growth, it can be argued that the base population of the Town is more likely to be in the
vicinity of 680 residents.
Exhibit 1
Pooulation Profile and Comparisons
Age
Town of Eastport
Province of
Newfoundland and Labrador
Characteristic
Total
%
Total
%
0-4 Years
15
2.9%
22,865
4.5%
5-9
15
2.9%
25,905
5.1%
10-14 Years
35
6.9%
29,455
5.8%
15-19 Years
30
5.9%
34,105
6.7%
20-24 Years
15
2.9%
31,190
6.2%
25-34
35
6.9%
58,365
11.5%
35-44 Years
60
11.8%
78,205
15.5%
45-54 Years
75
14.7%
85.575
16.9%
55-64 Years
90
17.6~11)
69,530
13.8%
65-74 Years
80
15.7%
39,560
7.9%
75-84 Years
35
6.9%
22,930
4.5%
85 And Over
25
4.9%
7650
1.7%
Total
510
100.0%
100.0%
Median Aue
52.2
41.7
Pop'n aged 15+
91.9%
84.%%
Source: Statistics Canada, 2006 Communitv Profiles
2011
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page7
Exhibit 2
10 Year Ponulatiou Forecasts
2006
2011
2016
Population
522
500
500
Average Size Per
2.1
Household
2.3
2.2
Cumulative New
21
Dwe11ing Units
IO
Source: Hatch Mott MacDonald estimates based upon Statistics Canada, 2006 Community
Profiles.
Another indicator of current and expected future economic activity is education attainment. The
percentage of the Town's primary working age population (i.e. 25-64) with less than a high
school graduation certificate is 34.5%b compared to 25.7% for the province as a whole. The
percentage of this population segment with at least some post-secondary education is 53.5%,
which mirrors the provincial average of 54. 7%.
Exhibit 3 shows the 2006 industry and occupation profile of the Town. As these data show, the
dominant activities are manufacturing and construction, and sales and services occupations.
Exhibit 3
Economic Base Profile - 2006
Labour Force by Industry
Number
Percent of
Total
Agricultural & Other Resource Industries
20
11.4
Manufacturing & Construction Industries
10
5.7
Wholesale & Retail Trade
0
0.0
Finance & Real Estate
0
0.0
Health, Education & Social Services
10
5.7
Business Services
0
0.0
Other Services
50
28.6
Total
195
100.0
20)1
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page8
Exhibit 3 ( continued)
Economic Base Profile - 2006
Labour Force by Occupation
Number
Percent of
Total
Mana<>erial
Business, Finance & Administration
Natural & Annlied Sciences & Related
Healtb
Social Sciences, Education, Government Services &
Relirrion
Art, Culture, Recreation & Snort
Sales & Services
Trade, Transoort and Eauioment
Primarv Industries
Processinrr, Manufacturinrr & Utilities
Total
Source: Statistics Canada, 2006 Community Profile
1.2.3 Land Use Issues
Residential
20
11.4
10
5.7
0
0.0
0
0.0
10
5.7
0
0.0
50
28.6
35
20.0
20
11.4
30
17.1
175
100.0
Despite the projected decline in the number of permanent residents for the next decade or
more, Eastport can expect to experience continued housing growth. While the population
will decline, structural demographic change (i.e. to smaller average households) will have
an upward influence on housing demand. The popularity of the Eastport Peninsula as a
summer destination will have an even stronger influence on demand for residential lots if
historic patterns continue. Recent enquiries to the Town by developers indicate that there
is strong market interest in waterfront land around Eastport Bay for seasonal residential
development.
The Eastport Municipal Plan recognizes the potential development pressures for
residential land emanating from both permanent and seasonal residents. This demand is
expected to be concentrated mostly in waterfront and near-waterfront areas. Council has
taken a position that new development will be welcomed as long as it is environmentally
sustainable, does not unduly increase costs for municipal infrastructure and services, and
2011
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page9
protects adequate coastal open space for public access and use. The Town will not be
receptive to development proposals that would result in an unbroken ribbon pattern of
waterfront building lots around Eastport Bay.
Overall, the residential development pattern is mixed with commercial, civic and service
areas on Main Street and Church Street and with occasional small agricultural uses
running the length of Beach and Bank Streets. A number of home-based businesses are
found throughout the Town. While most of the Town adheres to its original form, some
of the more recent subdivisions, such as Penney's Road, have been laid out as straight,
dead-end roads. It is Council's intention to encourage a more compact development form
which minimizes municipal infrastructure and servicing costs and avoids these types of
land extensive developments in the future.
Longer term expansion should focus on existing serviced areas to reduce operation and
maintenance costs to the Town. This will also facilitate a more compact and walkable
community that reduces dependence on automobiles and lowers future pressure for new
roads. Suitable areas for new expansion include tracts of land off of Main Street in close
proximity to the intersection with Church Street and areas along Babstock's Road.
Commercial/Industrial
Retail and service businesses in Eastport are spread out along Main Street and Church
Street mixed with residential housing. The Town wishes to provide flexibility in the
Municipal Plan to allow this traditional mixed use pattern of development to continue
along its main streets.
Industrial developments are limited within the Town although some exist on Main Street,
particularly on the outskirts of the Town leading to Sandringham.
Other Land Uses
Public uses ofland for schools, places of worship, assembly and civic functions are
located at various sites in the Town but mostly border Church Street. Recreational
2011
Hatch Mott '.'l-1acDonald
Town of Eastport Municipal Plan 2011-20
Page 10
facilities such as playing fields, a playground and outdoor skating arena are also all
located on Church Street, as is the community's cultural focus, The Beaches Heritage
Centre.
The To~n has a long history of agriculture and small farming operations producing both
vegetables and livestock. These uses are located on Bank Road, Beach Road, Burdens
Road, Main Street, and Church Street. A small greenhouse business producing mostly
bedding plants is located on Sampson's Road.
The To= has a designated Wellhead Protected Water Supply Area in the vicinity of
Church Street, Lanes Road, Beach Road, Sandy Cove Road, and Sampson's Road near
the historical centre of the community.
The To= has embarked on initiatives to protect the banks and beaches around Eastport
Bay from erosion and misuse. These sensitive coastal sites are considered vital to the
environmental health, recreational appeal and economic well-being of the community.
With an influx of older residents also considering Eastport a viable option as a retirement
community, there is a need for recreational facilities that promote healthy living. A
partial pedestrian board'Yalk over the rocky shoreline between Eastport's Southwest
Beach (also known as Eastport Beach) and Notihwest Beach was completed by Council
in 2007. A further extension of the boardwalk is planned bordering Clay Cove and
Carmen's Cove.
Transportation
The Town of Eastport consists predominantly of three types ofroads that permit
vehicular traffic usage within the Town's boundaries. Major Collector roads consist of
roads that permit access to sections of the Town served by less traveled or smaller roads.
Main Street is only Major Collector road, connecting the To='s local roads with Route
310 leading to the Trans Canada Highway. Minor Collector roads provide access to
different sections of Town and connect to the Major Collector. Minor Collectors include
Sandy Cove Road, Church Street, North Side Road, Beach Road, Bank Road, Burdens
2011
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page 11
Road, Legion Road, and Lanes Road. Major and Minor Collector roads within the
boundaries of the Town are also used to aceess the neighboring communities of Salvage,
St. Chad's, Burnside, St. Brendan's, Happy Adventure and Sandy Cove.
Local Roads include all other public roadways within Town boundaries. These roads
form an important part of the Town's transportation network as they allow residents to
gain access to residential areas and provide a connection between various collector roads.
The existing network of roads adequately serves the needs of the Town. Expansions,
additions, and upgrading will be undertaken as required and financially feasible.
1.2.4 Municipal Services
Ditching and culverts located throughout the Town are the only provisions for existing
storm water control. This system has proved to be quite adequate. To ensure that the
storm water control system remains functional, continuous monitoring and assessment of
the components (ditches and culverts) within the Town's storm water system is critical to
ensure that it is free of debris and obstrnctions. This is essential during the spring season
as high spring run-off can cause further damage to other infrastructure such as road
asphalt.
The Town of Eastport maintains a municipal water system through the utilization of a
ground water source. A shallow well was constructed by the Town in the mid-1980s to a
depth of 3.5 metres and lined around the sides with concrete to 0.5 metres above the
existing ground surface, providing a natural reservoir of approximately 45,000 litres
capacity. This well is recharged by two main springs that occur along the east face of the
well structure. Situated near this well is a pump house that delivers energy to the water
supply allowing it to be pumped throughout the Town's distribution system. In addition,
this pump house also houses equipment that disinfects the Town's raw water supply.
Up until 2003, the extent of the upgrades of the water mains ended along Main Street
near the intersection of Burry's Lane and Main Street. A regional water study completed
2011
Hatch Mott :vlacDonald
Town of Eastport Municipal Plan 2011-20
Page 12
in 2002 investigated a proposed regional water system to include other nearby
communities. This study suggested extending the water main upgrades throughout key
areas of the Town so that ample water will be pumped to a proposed storage tank and to
provide fire flows to other communities (Sandy Cove in particular).
2011
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page 13
2 GOALS AND OBJECTIVES
This section outlines the goals and objectives of the Eastport Municipal Plan for the
period between 2006 and 2016. Each goal is a desired state which reflects the long-range
intent of Council. Each objective is a short-range step towards achieving a specific goal.
It is concrete, realistic, action-oriented and attainable within a period of three to five
years.
2.1
Community Structure and Character
Goals:
Promote orderly development, the economical use of municipal services,
compatibility between adjacent land uses and environmental conservation.
O~jectives:
2011
Maintain a strong rural character and sense of community by balancing
development with the maintenance of a healthy ecosystem and traditional
public use of publicly owned lands and natural resources.
-
Encourage continued infilling along existing public roads, thus making
better use of municipal infrastructure.
-
Encourage new development in areas that can be economically
connected to the Town's municipal water and sewer systems.
-
Restrict the types of development that will be permitted in areas that
cannot be economically provided with municipal services.
-
Maintain important publicly ovmed lands and natural resources that
have historically been used by the public for subsistence harvesting
activities, recreation, and shoreline access.
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page 14
-
Accommodate unserviced development only in designated areas and
only insofar as it meets environmental standards and will not interfere
with the optimal future use of adjacent lands.
-
Guide new development in a fashion that is compatible with
surrounding land uses.
-
Encourage the conservation and enhancement of historical assets and
significant aspects of the Town's built heritage.
-
Protect environmentally important and sensitive areas such as coastal
shorelines, beaches. ponds, rivers, streams, and wetlands, by
designating them as conservation areas as deemed necessary.
2.2
Economy
Goal:
Encourage diversified economic growth in order to increase the
commercial tax base. generate more local employment and build up a
favourable base for municipal assessment.
Objectives:
2011
-
Diversify the local economy by encouraging local entrepreneurs and
attracting new businesses and industries.
-
Encourage the development of additional commercial uses to serve
local and new residents.
-
Support the development of facilities and attractions that will enhance
tourism, e.g., parks, water recreation, and hiking trails.
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page 15
-
Encourage the continuance of existing agricultural uses and encourage
new agricultural development where it is eompatible with existing and
planned residential areas.
2.3
Commercial and Industrial Development
Goal:
Support an appropriate mix of commercial and industrial facilities to serve
residents and visitors to the Town and surrounding region.
Objectives:
-
Encourage appropriate commercial/industrial development on Main
Street.
-
Ensure maximum utilization of existing serviced commercial and
industrial land.
-
Prevent development in inappropriate locations of offensive trades and
nuisances that may be detrimental to the Town as an attractive place to
live and visit.
2.4
Housing
Goal:
Encourage and support an adequate quantity and mix of housing to serve
the needs of the changing population, including seasonal residents.
Objectives:
2011
-
Maintain a high standard of housing.
-
Encourage new housing in areas fully serviced by municipal water and
sewer.
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page 16
-
Encourage an adequate supply of housing for all socio-economic
groups.
2.5
Culture, Recreation and Open Space
Goal:
Meet the needs of the community for cultural and recreational
Objectives:
opportunities.
-
Preserve areas and features of natural, scenic, environmental and
historical significance.
-
Support the provision of cultural and recreational facilities and
services which are accessible to people of different abilities and ages.
-
Continue to develop an adequate trail system for a variety of
recreational users and to protect these trails from incompatible
development.
-
Ensure a high proportion of coastal areas are maintained for public
access and enjoyment.
2.6
Transportation
Goal:
Provide a safe and efficient transportation network to serve the Town of
Eastport.
Objectives:
2011
-
Maintain the existing hierarchy of public roads through a regular
program of maintenance and improvement.
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page 17
-
Provide ready access to commercial and industrial areas.
-
Encourage efficient means of access to public areas and buildings for
disabled and elderly persons.
-
Encourage and support the establishment of trail networks in and
adjacent to the Town.
2.7
Environment
Goals:
Provide for the health, safety, welfare and enjoyment of the general publie.
Objectives:
Preserve and protect important aspects of the heritage, cultural and natural
environment.
-
Protect the existing natural and heritage/cultural constraints to
development, and to protect in its natural state land which is unsuitable
for development.
-
Provide municipal services at environmentally acceptable standards.
-
Protect environmentally sensitive areas such as rivers, streams,
wetlands, ponds, steep slopes, shorelines, and beaches.
2.8
Municipal Finances
Goal:
Achieve long-term financial stability by managing expenditures on
municipal services while broadening the assessment base for municipal
revenues.
2011
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Town of Eastport Municipal Plan 2011-20
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Objectives:
2011
-
Manage the expenditures on municipal services and achieve the most
efficient use of existing services.
-
Manage municipal debt, considering the Town's ability to meet its
expenditures in the long term.
-
Promote and encourage the diversification of the local economy
through the grov.1h of existing businesses and the establishment of
new ones, so as to generate more municipal revenues.
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3 LAND USE POLICIES
3.1
GENERAL POLICIES
The following policies can be categorized as general in scope in that tbey can be applied
to all areas of Eastport. All land use development must conform to the general land use
policies.
3.1.1 General Land Use Policies
Policies
1.
General Layout of the Town
(I)
New development will be encouraged to locate in areas that can be
serviced economically by water and sewer services.
(2)
Council will endeavour to phase development so that areas readily
accessible to existing water and sewer trunks are largely developed before
significant new infrastructure investments in are considered.
(3)
At Council's discretion, proposals for unserviced development may be
considered in areas where municipal services are not likely to be available
for the foreseeable future.
(4)
All unserviced development will be subject to efficient use ofland, high
environmental standards and Provincial approval of on-site water and
sewage services.
2.
Subdivision Development
2011
(1)
Subdivision Proposal Evaluations
All proposed subdivisions of land will be subject to an evaluation by
Council. The comprehensiveness of each evaluation will depend on the
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page20
2011
scale of the proposed development, the environmental sensitivity of the
area, and the nature of any public or neighbourhood concerns that are
identified. Evaluations will address:
-
The opportunities and constraints represented by the physical
features of the site,
-
How the proposed development will integrate with existing
developments, roads, and municipal services,
-
The potential effects of the development on environmentally
sensitive resources,
-
How the proposed development will affect future access to
undeveloped lands in the area,
-
The degree of compatibility or conflict the subdivision is likely to
have with nearby land uses, both existing and future, and
-
The developer's proposal for roads and water and sewer servicing,
and the costs to Council of providing and maintaining this
infrastructure.
(2)
Serviced Areas
In areas that require full municipal services, subdivision applications shall
provide information on road location, lot layout, property ownership,
nearby watercourses and wetlands, provision for open space, water and
sewer servicing, connections to existing roads and infrastructures, and
other information that Council may request The subdivision plan shall
conform to the development standards oftl1e applicable zone as identified
in the Eastport Development Regulations.
(3)
Unserviced Areas
In areas remote from existing municipal services, residential development
applications shall provide information on road location. lot layout,
property ownership, nearby watercourses and wetlands, provision for open
space, on-site well and septic services, and other information that Council
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
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may request. The subdivision plan shall conform to the development
standards of the applicable zone as outlined in the Eastport Development
Regulations.
( 4)
Public Input
At its discretion, Council may seek input from neighbouring landowners
when reviewing subdivision development proposals, especially when four
or more lots are proposed.
(5)
Council Decision
Council will review each subdivision application on a case by case basis
and may:
-
Approve the development as proposed,
-
Approve the development subject to certain terms or conditions,
-
Defer a decision subject to more detailed information, or
-
Not approve the development if it finds that the development is
unsuitable for the location or will create problems that cannot be
sufficiently corrected or mitigated.
(6)
Open Space Dedications
For each subdivision approval, the developer will be required to provide to
the Town land for open space equal to 10% of the gross area of the land to
be developed. Alternatively, in lieu of land dedication, Council may
decide to accept a sum of money equal to 10 percent of the fair market
value of the land to be developed.
3.
Onsite Services
2011
In areas without municipal water and sewer services, no residential lot will be
approved that does not have on the same lot a private well water supply and a
sewage treatment system that have received the necessary provincial approvals.
Hatch Mott MacDonald
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Private wells and sewage treatment systems serving two or more homes located
on separate lots will not be permitted.
4.
Municipal and Public Works and Easements
(1)
Municipal and public utility works will be permitted in all land use
designations provided that no adverse effects on adjacent land uses or the
environment will result. Buffering may be required in the form of a
suitably landscaped area between any such works and adjacent land uses.
(2)
Where land is required for utility easements or emergency access, such
land may be obtained for the appropriate utility or agency in the course of
approving a subdivision or other development applications.
5.
Conveyance to Council of Privately Developed Streets
(1)
All privately developed roadways intended for subdivision development
and public access to adjoining properties will be designated as public
streets to be owned and maintained by the Town
(2)
All privately developed streets must be constructed to a standard
satisfactory to the Town before Council will assume ownership and
responsibility for their maintenance. Each new street shall have a legal
land survey and a Deed of Conveyance approved by the Town's solicitor
before Council assumes ownership.
6.
Soils and Drainage
2011
(I)
Development shall only be permitted on lands with soil and drainage
conditions that are suitable for the proposed uses.
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Town of Eastport Municipal Plan 2011-20
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7.
Building Setback~ from Roads
(1)
Building setbacks from roads will be sufficient to preserve the road right-
of-way allowances specified in this Municipal Plan, and allow for
appropriate landscaping and vehicle parking space clear of the road
allowance.
8.
Access to a Public Road
(1)
All development must have access to a publicly maintained road unless
otherwise authorized by Council.
9.
Backlot Development
2011
(1)
At its discretion, Council may pennit the creation of backland lots insofar
as the development uses land efficiently, is economical for the delivery of
municipal services, preserves the Town's natural and historic character,
and does not isolate nearby parcels of land in a way that would preclude
them from being developed in the future.
(2)
Landowners in backland areas will be encouraged to cooperate with each
other to prepare subdivision plans that facilitates orderly and efficient use
of land and municipal services, and adheres to the policies outlined in this
Municipal Plan for the protection of environmental resources.
(3)
Subdivision proposals for backland areas must show the relationship of the
proposed lot(s) with existing streets and adjacent parcels ofland.
( 4)
Proposed backland lot( s) will not be approved if the development would
isolate nearby properties from potential street access, or would otherwise
preclude these properties from future development
(5)
A subdivision application for one or more backland lots must address all
needs pertinent to orderly development of the area, including:
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page 24
(a)
A description of the proposed lot(s) and surrounding properties,
(b)
A description of how the lot(s) will be connected to the existing
street network,
(c)
A description of how the lot(s) will be connected with existing
municipal water and sewer services, and
(d)
Consideration of Council's aim to prevenl the isolation of other
developable backlands.
(6)
When considering a backland development proposal, Council may suggest
alternative development configurations that it considers more appropriate
for the area.
10.
Archaeological Resources
(I)
Any proposed development to be located near a known archeological site
will he subject to the apprnval and conditions of the Provincial
Archaeology Office of the Department of Tourism, Culture and
Recreation.
(2)
Council will report any proposed developments that will involve major
land use or ground disturbance to the Provincial Archaeology Otlice
during the planning stages so that necessary measures can be taken to
ensure that potential historic resources are not disturbed or destroyed.
(3)
Council will report the discovery of archaeological sites or artifacts to the
Provincial Archaeology Office as soon as it becomes aware of the
discovery.
11.
Provincial and Federal Acts and Regulations
2011
(I)
All development approvals under this Municipal Plan will take into
consideration applicable Provincial and Federal acts and regulations, in
particular those administered by the Departments of Health and
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Town of Eastport Municipal Plan 2011-20
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Community Services, Environment and Conservation, Government
Services, Transportation and Works, and Fisheries and Oceans Canada.
(2)
Council will not approve a proposed development if it is aware that the
development would contravene a Provincial or Federal act or regulation.
12.
Development Criteria for Non-Residential Sites
(1)
All non-residential development will conform to the following criteria:
(a)
Each site will have direct access to a public road.
(b)
Development will be located and designed in a manner that ensures
traffic, noise, lighting, odour, signage, and aesthetic impacts on
adjacent residential areas will kept at reasonable levels.
( c)
Where Council deems necessary, screening deemed may be
required through the provision of banks, landscaping or fencing.
(d)
Properties will be designed to a high standard with regard to safety,
design and appearance, and suitability within the community.
( e)
Access points to a public road will be limited in number and
designed for maximum safety of pedestrians and vehicles.
(f)
Each lot will contain adequate space to meet the needs of the
proposed development for off-road parking and loading.
(g)
Each proposed development must have adequate municipal
services for its needs unless suitable alternative arrangements are
approved by Council.
13.
Camping Tents, Trailers and Recreational Vehicles
2011
(I)
The use of tents, camping trailers, and recreational vehicles for overnight
camping will be permitted only in designated campgrounds or as a
temporary activity on private reside11tial properties.
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Town of Eastport Municipal Plan 2011-20
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14.
Mineral and Petroleum Exploration
(1)
Mineral and petroleum exploration may be permitted a.t the discretion of
Council.
(2)
Mineral and petroleum exploration will be only undertaken in a manner
that will have minimal impact on surrounding land uses and sensitive
environmental resources and habitat.
15.
Compatibility between Livestock Facilities and Residential Uses
2011
(I)
Council will minimize the potential for land use conflicts arising as a
result oflivestock or poultry facilities being developed close to existing
non-farm land uses, and conversely, as a result of non-farm land uses
being developed close to existing livestock or poultry facilities.
(2)
The keeping of livestock near residential properties will be subject to
specific limitations set out in the Development Regulations such as the
maximum nun1ber of animal units, minimum lot sizes, and minimum
setbacks of livestock facilities from lot boundaries.
(3)
A non-conforming livestock or poultry facility located near an existing
residential area will be permitted to continue, but will not be permitted to
expand unless it can be determined that this will not adversely affect tl1e
residential area. Collllcil will consult with neighbours prior to taking a
decision on a proposed expansion.
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Town of Eastport Municipal Plan 2011-20
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3.1.2 General Environmental Policies
Policies
1.
General Environment
(I)
Land and natural resources that are environmentally sensitive, including
streams, riparian areas, wetlands, steep slopes, and geologically unstable
areas, will be protected from potentially damaging forms of development.
(2)
The potential environmental effects of proposed land uses will be
considered when reviewing development applications.
(3)
At the discretion of Council, or in accordance with other statutory
requirements, proposals may be referred to the Departments of
Environment and Conservation, Government Services, Fisheries and
Oceans Canada, or other relevant agencies for advice and/or regulatory
approval.
2.
Development Contingent on Provincial and Federal Approvals
(1)
Council will not approve a proposed development if it is aware that the
development would contravene a Provincial or Federal act or regulation.
3.
Protected Drinking Water Supply
2011
(1)
Proposed developments within the Eastport protected drinking water
supply area will not be permitted except in accordance with a permit
issued by the Department of Environment and Conservation under Section
61 of the Water Resources Act. This area is indicated on the Future Land
Use Map as a Wellhead Protected Water Supply Area
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4.
\Vatercourses and Wetlands
(I)
Conservation buffers will be maintained to protect streams, ponds, riparian
areas, and wetlands from stormwater discharges, erosion, sedimentation,
and other adverse effects of development.
5.
Unstable Soils and Geology
(I)
Development in areas that are environmentally sensitive or hazardous for
development due to unstable soils or geology may be restricted or
subjected to terms and conditions to minimize potential impacts.
6.
Coastal Lands
(I)
Conservation and other preventative measures will be required to protect
environmentally sensitive coastal features from the impacts of
development.
(2)
Preventative measures will be required to protect housing and
infrastrncture in coastal areas from potential damage due to bank and
shore erosion, rising ocean levels, and storm surges.
7.
Storm Drainage
2011
(I)
All development, including buildings, driveways, parking areas, grading
of land, and excavation of drainage ditches, will be carried out in a manner
that does not cause an excessive increase of stormwater rnnoff onto
adjacent properties or into nearby watercourses.
(2)
Development will not be pennitted on any site where it would otherwise
be permitted when in the opinion of Council, the development will create
or aggravate significant stonnwater impacts, for example, excessive rnn-
off onto adjacent properties, flooding, soil erosion, or siltation or scouring
of streams.
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Town of .Eastport Municipal Plan 2011-20
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(3)
In order to minimize sto1111water impacts, Council, at its discretion, may
require land development to adhere to the following guidelines:
-
Minimize runoff increases from natural levels as existed prior to
development.
-
Maintain a vegetated buffer between stonnwater drainage outlets
and watercourses to minimize direct discharges into the
watercourses.
-
Plant additional trees and vegetation if existing vegetation is not
adequate to promote soil infiltration and capture sediments.
-
Minimize impervious surfaces by reducing pavement, using porous
paving materials, etc.
-
Contain rainwater through measures such capturing roof drainage
in rain barrels and channeling surface runoff to gardens and other
vegetated areas.
-
Take advantage of the topography to maintain natural drainage.
For example, natural depressions should be retained to accumulate
nmoff and promote soil infiltration.
-
Re-establish vegetative cover as rapidly as possible in drainage
ditches and other areas disturbed by construction activity to reduce
erosion.
3.2
ENVIRONMENTAL PROTECTION
The following policies apply to areas designated as Environmental Protection on the
Future Land Use Maps. All development in this designation must conform to the
policies of this section, to the general land use policies in Section 3.1, and to all
applicable government regulations.
2011
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page30
Policies
1.
General Intent
(1)
This Municipal Plan assigns high priority to the protection of sensitive
areas from the potential adverse impacts of development. The following
policies apply to areas designated as Environmental Protection on the
Future Land Use Map.
(2)
The Environmental Protection designation is intended to protect and
conserve environmentally sensitive lands and natural resources from the
adverse effects of development.
2.
Location
(1)
The Environmental Protection designation includes areas identified as
environmentally sensitive, including wetlands, watercourses, riparian
areas, coastal shorelines and beaches, steep slopes, and areas of unstable
soils or geology.
3.
Land Use
2011
(I)
Developments associated with conservation will be permitted.
(2)
At Council's discretion, proposed developments atlecting watercourses
and coastal areas, for example, road crossings. culverts, wharves, and
fisheries infrastructure, may be permitted in limited circumstances if it is
clearly shown that impacts will be minimized. Any such proposed
development will be referred for review and approval to the Department of
Environment and Conservation, the Department of Fisheries and Oceans
Canada, and other relevant agencies.
(3)
At Council's discretion, passive recreation uses such as walking trails and
boardwalks may be permitted. Before approving such developments, it
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page 31
must be clearly demonstrated to Council that any adverse effects on the
site or adjacent waterways will be minimal.
3.3
RESIDENTIAL
The following policies apply to areas designated as Residential on the Future Land Use
Maps. All development must conform to these policies, to the general land use policies
in Section 3.1, and to all applicable government regulations.
Policies
1.
Intent
(I)
Areas are designated Residential to accommodate short to mediwn term
housing needs (i.e. ten years) and preserve the amenity and character of
existing residential areas.
(2)
It is envisioned that the accommodation of short to mediwn-term housing
needs in these areas can occur through infilling along serviced roads as
well as small subdivision developments on adjacent lands.
(3)
It is Council's intention to create a more compact development form
within serviced areas in order to optimize the utilization of existing
services, provide easy access to amenities, and limit the spread oflow
density, unserviced, development.
2.
Location
2011
(1)
The Residential designation includes most of the built-up areas of
Eastport, as well as adjacent undeveloped land that can be readily
connected to existing water and sewer mains. It may also include certain
areas separate from the main built-up community, which are specifically
designated for tmserviced development.
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3.
Residential Uses
(1)
Single Detached Housing
The predominant use ofland in areas designated Residential shall be
single detached housing although other forms may be allowed.
(2)
Multiple Unit Dwellings
Multiple unit dwellings such as semi-detached houses and townhouses
may be pennitted at Council's discretion ..
Where they are permitted, multiple unit dwellings will be integrated with
single detached housing in a way that ensures compatibility with the
surrounding residential area.
A development permit will not be issued for a multiple unit dwelling until
its desi&,'11, scale. site layout and overall appearance have been approved by
Council.
(3)
Apartment Buildings
Apartment buildings will not be permitted.
(4)
Mobile Homes
Mobile homes will not be permitted.
4.
Priority Areas for Residential Development
2011
(1)
Infill Development
A priority for new residential development will be infill of vacant land
fronting onto existing roads. Council will take into account the utilization
levels of existing serviced land in an area when considering proposals for
new residential roads or subdivisions.
Hatch Mott MacDonald
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Site plans and building designs for infill development must meet the
approval of Council. It must be compatible with existing neighbourhood
character and in accordance with the development standards of the zone.
(2)
Extension of Existing Roads
At Council's discretion, extensions of existing local roads to create
additional residential lots may be pem1itted as long as it does not generate
significant increases in municipal servicing costs.
5.
Serviced and Unserviced Residential Development
(1)
Serviced Areas
In areas near existing municipal services, new residential development
will be required to be fully connected to water and sewer services.
Each dwelling must be connected directly to water and sewer mains
mnning along the street on which the dwelling fronts. Council will not
permit water and sewer connections via pipes installed across adjoining
private properties.
(2)
Unserviced Areas
In areas remote from existing municipal services, Council will consider
proposals for unserviced residential development on a case by case basis.
6.
Non-Residential Uses
2011
(1)
Conservation and Open Space
Conservation and open space land uses are considered compatible in
Residential areas.
(2)
Home-Based Businesses
Home-based businesses will be pem1itted only if they are contained inside
the residence or an accessory building on the same lot, are clearly
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page 34
subsidiary to the residential use, and do not adversely affect the residential
quality of the area through excessive traffic, noise, lighting, odour,
signage, unsightly premises or similar considerations.
Auto repair, autobody repair, and kennels will not be pem1itted as home-
based businesses.
(3)
Bed-and-Breakfast Operations
Bed-and-breakfast operations must not adversely affect tbe residential
quality of the neighbourhood as a result of excessive traffic, noise,
parking, lighting, odour, or signage.
7.
Agricultural Uses
2011
(1)
Commercial Crop Farming and Horticultural Operations
At the discretion of Council, commercial crop farming and horticultural
operations, including greenhouses, may be permitted in the Residential
designation.
In considering applications for crop farming and horticultural operations
in the Residential designation, Council will take into consideration
potential impacts on existing residential uses or future residential
development.
No crop farming and horticultural operations will be approved that would
be dependent on municipally supplied water.
Council will consult with neighbours prior to taking a decision on an
application for a new crop fanning or horticultural operation in the
Residential designation.
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(2)
Commercial Livestock and Poultry Facilities
New commercial livestock and poultry facilities will not be permitted in
the Residential designation.
Expansions of existing commercial livestock and poultry facilities will not
be permitted in the Residential designation.
(3)
Hobby Farming
Pem1itted hobby agricultural uses will be limited to vegetable plots, small
livestock facilities, and small greenhouses that are clearly subsidiary to
residential use.
8.
Protection of Sensitive Areas
(1)
Where Council suspects that a proposed residential development has
potential to create erosion, siltation, or contamination problems due to its
proximity to a pond, stream, steep slope, or geologically unstable area, at
its discretion, it may decline to approve the development or may enact
special conditions and/or restrictions to prevent or minimize the problems.
3.4
COMMMERCIAL/INDUSTRIAL
The following policies apply to areas designated as Commercial/Industrial on the
Future Land Use Maps. All development must conform to these policies, the general
land use policies in Section 3 .I, and all applicable government regulations.
Policies
1.
Location
2011
( 1)
The Commercial/Industrial designation includes the area encompassing
both sides of Main Street, from the existing Municipal Shed to the western
municipal border.
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2.
General Intent and Land Uses
(1)
The Commercial/Industrial designation is used to accommodate a mix of
commercial uses and light industry that can locate together in a compatible
fashion.
(2)
For the purposes of this designation, light industry is generally defined as
industrial uses that can be carried out without hazard or intrusion to
surrounding uses and are not detrimental because of noise, vibration,
smell, fumes, smoke, dust or appearance.
3.
Property Design and Character
( 1)
A high standard of property design and maintenance will be required.
Council will consider aesthetic impacts when considering site plans for
approval within this designation.
3.5
MIXED USE
The following policies apply to areas designated as Mixed Use on the future Land Use
Maps. All development must conform to these policies, the general land use policies in
Section 3.1, and all applicable government regulations.
Policies
1.
General Intent and Land Use
2011
( 1)
Land is designated Mixed Use to allow for a continuation of the traditional
mix of residential, commercial, public and agricultural uses.
(2)
Areas nearer to the shoreline and beaches are primarily valued for public
access and conservation of sensitive resources. Areas bordering Church
Street and Main Street are the most appropriate areas to continue public
and commercial types of development. Continued residential use is also a
key consideration throughout the mixed use designation.
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2.
Location
(I)
The Mixed Use designation includes traditional mixed land use areas
bordering most of Church Street, the eastern end of Main Street, Burdens
Road, and the landward side of Beach Road and Bank Road.
3.
Residential Uses
(I)
Policies for residential development in the Mixed Use designation are the
same as outlined in Section 3.2.
4.
Agricultural Uses
2011
(1)
Commercial Crop Farming and Horticultural Operations
At the discretion of Council, commercial crop farming and horticultural
operations, including greenhouses, may be permitted in the Mixed Use
designation.
In considering applications for crop farming and horticultural operations
in the Mixed Use designation, Council will take into consideration
potential impacts on existing residential uses or future residential
development.
No crop farming and horticultural operations will be approved that would
be dependent on municipally supplied water.
Council will consult with neighbours prior to taking a decision on an
application for a new crop farming or horticultural operation.
(2)
Commercial Livestock and Poultry Facilities
New commercial livestock and poultry facilities will not be permitted in
the Mixed Use designation.
Hatch Mott MacDonald
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Expansions of existing commercial livestock and poultry facilities will not
be permitted in the Mixed Use designation.
(3)
Hobby Farming
Permitted hobby agricultural uses will be limited to vegetable plots and
small greenhouses. Expansions may be permitted at Council's discretion
if it is detem1ined that this will not create a nuisance for existing
residential uses or interfere with future residential or commercial
development.
5.
Commercial Uses
(1)
Compatibility with Residential Uses
Commercial development is encouraged throughout the Mixed Use
designation to the extent that it is compatible and will not create
significant nuisance for existing or future residential uses.
(2)
The Commercial Centre
Areas surrounding Church Street and Main Street will be encouraged to
develop as centres of commercial activity ..
(3)
Infilling of Core Areas
Council will encourage a greater concentration of commercial and civic
developments on Church Street and Main Street through infilling of
available land.
6.
Site Plans Required
2011
(1)
Before new commercial development is permitted in this designation, site
plans must be submitted for the consideration of Council. Site plans will
provide dimensional layouts indicating location, scale, and design of
proposed facilities and landscaping.
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(2)
In assessing proposals, Council will be primarily concerned with aesthetic
factors, conformity with the desired character for the area, and
compatibility with neighbouring land uses.
3.6
OPEN SPACE
The following policies apply to areas designated as Open Space on the Future Land
Use Maps. All development must conform to these policies, the general land use
policies in Section 3.1, and all applicable government regulations.
Policies
1.
General Intent and Land Use
( 1)
Council will conserve and protect natural and scenic areas that are
important for public recreation, access to watercourses and coastal
shorelines, maintenance and enhancement of visitor attractions, and
development of parkland, trail systems, and outdoor recreational facilities.
2.
Residential Development on Existing Lots
(!)
At the discretion of Council, a single dwelling may be permitted in the
Open Space designation on a lot that was in existence on the registration
date of this Municipal Plan, subject to any terms and conditions that may
be set by Council.
(2)
Residential dwellings will not be permitted in the Open Space designation
on any lots that were created after the registration date of this Municipal
Plan.
3.
Compatible Development
2011
(1)
Public open spaces and recreational facilities will be developed to a high
standard with regard to maintaining natural character, traditional public
Hatch Mott MacDonald
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viewscapes, public access, safety, appearance, and compatibility with
surrounding land uses, particularly residential properties,
4.
Watercourses and Coastal Areas
(1)
Eastport's ponds, streams, beaches, and coastal areas will be preserved
and protected for recreational enjoyment by residents and
visitors.
3.7
RURAL
The following policies apply to areas designated as Rural on the Future Land Use
Maps. All development must confonn to these policies, the general land use policies in
Section 3.1, and all applicable government regulations.
Policies
1.
General Intent
(I)
Designated Rural lands wil I be preserved and protected to ensure the
viability and future development potential of important resource activities
such as agriculture, forestry, aggregate extraction, hunting, fishing, and
beny picking.
(2)
Natural resource lands will be preserved and protected to reduce the loss
and fragmentation of fish and wildlife habitat.
2.
Land Uses
2011
(I)
The highest priority for development in the Rural designation will be the
management and use of natural resources and land uses directly related to
these activities.
Hatch Mott MacDonald
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(2)
Agriculture, forestry, and other renewable uses of land and natural
resources will be permitted.
(3)
Land uses associated with the conservation of soil, water, wildlife and fish
will be permitted.
(3)
At Council's discretion, certain non-renewable resource use activities such
as gravel pits may be permitted, where such uses would not significantly
affect the existing character and environmental integrity of the area.
(4)
At Council's discretion, limited types of commercial development may be
permitted, where such uses are complementary to permitted uses and
would not significantly affect the existing character and environmental
integrity of the area.
(5)
At Council's discretion, residential dwellings may be permitted in the
Rural designation only if they are subsidiary to a commercial farm
operation.
3.
Agriculture Lands
(1)
Development that has the potential to impede the viability of existing
farms will be limited in the Rural designation.
(2)
Council will minimize land use conflicts arising from non-farm
development occurring near existing livestock and poultry facilities, and,
conversely, from the development of livestock and poultry facilities near
existing non-fain1 uses.
4.
J<'orestlands
2011
(1)
It will be a priority of Council to preserve and protect productive
forestland for the production and harvesting of trees as well as for
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
Page42
important non-timber values such as fish and wildlife habitat, water
quality, biodiversity, and outdoor recreation and tourism.
(2)
It will be a priority of Council to reduce the loss and fragmentation of
forestland.
5.
Aggregate Resources and Extraction
(I)
At Council's discretion, pits and quarries may be developed in appropriate
areas subject to standards and conditions to address:
-
potential environmental and aesthetic impacts,
-
operational impacts on adjacent areas such as public safety, noise,
truck tranic, and dust, and
-
site rehabilitation.
(2)
Existing aggregate extraction areas, as well as undeveloped areas with
high quality aggregate resources, will be protected from incompatible
development that could potentially impede extraction activities.
(3)
Council will work with the Province to ensure a coordinated review of all
new applications and renewal applications for quarry development.
( 4)
Pit and quarry development permits will be subject to terms and
conditions for the proper operation and progressive rehabilitation of the
site. At its discretion, Council may require developers to post a
perfom1ance bond with the Town, which will be forfeited if the conditions
are not met.
6.
Sustainable Resource Development
2011
(I)
The development and utilization of natural resources, including forestry,
agriculture, aggregate extraction, mining, mineral and petroleum
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
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exploration, and associated land development, will be carried out in a way
that is consistent with principles of sustainability.
(2)
Natural resource uses will conserve and protect the environmental
integrity of soil, wildlife, fish, water resources, and other natural
components of the ecosystem.
3.8
TRANSPORTATION
3.8.1 Roads
The municipal road system shovvn on the Future Land Use Map exists to facilitate the
safe and efficient movement of people and goods. A hierarchy of roads is established in
Eastport based on volume and speed of traffic. These include: Major Collectors, Minor
Collectors, and Local Roads.
Policies
l.
Major Collector
2011
(1)
The only Major Collectors in Eastport are Main Street and Route 310,
which extend from the Town boundary with Sandringham to the
intersection with Church Street and then leads through the Town towards
Salvage. This combined route distributes traffic to different parts of the
town and carries regional traffic from the Eastport Peninsula to the Trans
Canada Highway.
(2)
(3)
Access to side streets from Main Street will not be restricted but must
confom1 to applicable Department of Transportation and Works standards.
Access to properties on Main Street will not be restricted but must
conform to applicable. Department of Transportation and Works standards.
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Town of Eastport Municipal Plan 2011-20
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2.
Minor Collectors
(1)
Minor Collectors in Eastport distribute traffic between different parts of
the town and carries traffic to roads leading to other communities on the
Eastport Peninsula including Happy Adventure, Sandy Cove, St. Chads,
and Burnside. Existing Minor Collector roads include Church Street,
Sandy Cove Road, Legion Road, Lane's Road, and Burden's Road.
(2)
Access to side streets from Minor Collector roads will not be restricted but
intersections must be located and designed to ensure efficient traffic flow
and vehicular and pedestrian safety, and in the case of Provincial roads
must conform to applicable Department of Transportation and Works
standards.
(3)
Access to properties on Minor Collector roads will not be restricted unless
they create a concern in terms of safety and efficient traffic flow and in the
case of Provincial roads must conform to applicable Department of
Transportation and Works standards
3.
Local Roads
2011
(I)
The primary purpose of Local Roads is to serve abutting properties. They
are not used by traffic except to approach abutting properties or adjoining
streets. Local Roads are owned and maintained by the Town of Eastport.
(2)
Accesses from Local Streets to adjoining streets \\111 not be restricted but
intersections must be located and designed to ensure efficient traffic flow
and vehicular and pedestrian safety.
(3)
Accesses to adjoining streets from Local Roads will not be restricted.
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Town of Eastport Municipal Plan 2011-20
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4.
Publicly Used Roads to be Owned by the Town
(I)
All new roads intended for public use will be owned and maintained by
the Town of Eastport or the Province.
5.
Public Road Design and Construction Standards
(1)
All new public roads must meet the design and construction specifications
stipulated by Council. The Town will not assume ownership and
maintenance responsibility of a privately developed road until it has been
developed to these minimum standards.
3.8.2 Provision for the Disabled
Policies
1.
Design Guidelines
(1)
Roadways, sidewalks, public walkways, and accesses to public and
commercial buildings will be designed to facilitate easy access and
mobility by disabled persons.
2.
Recreational Trails
(1)
Council will require a reasonable proportion ofrecreational trails to be
constructed to facilitate mobility for the disabled. This may include paved
sections, boardwalks and/or railings in specially designated areas.
3.9
MUNICIPAL SERVICES
Most buildings in the Eastport's built-up area are connected to piped water and sewer
services. Piped services are not connected to some residences on the outskirts of the built-
up area and a few businesses on Main Street. These areas are serviced by individual wells
and on-site septic tanks/disposal fields.
2011
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
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The Eastport water supply comes from an aquifer and existing pump house near the
centre of the Town's built-up area. The water supply area is designated as a protected
wellhead under the Provincial Water Resources Act.
Policies
1.
Municipal Sanitary Sewer Servicing
(1)
It is the intent of Council that all new streets and subdivisions in the
vicinity of existing piped sewer services shall be connected to the Town's
sewage collection system.
(2)
Responsibility for installation of sewer pipes will lie with private
developers. Development standards must meet the specifications of the
Town and the Department of Municipal Affairs.
2.
Municipal Water Sen-icing
(I)
It is the intent of Council that all new streets and subdivisions in the
vicinity of existing piped water services shall be connected to the Town's
water supply system unless otherwise permitted by Council.
(2)
Responsibility for installation of water pipes will lie with private
developers. Development standards must meet the specifications of the
Town and the Department of Municipal Affairs.
3.
Wellhead Protected Water Supply Area
2011
( 1)
Proposed developments within the Eastport protected drinking supply area
will not be permitted except in accordance with a permit issued by the
Department of Environment and Conservation under Section 61 of the
Water Resources Act.
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
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(2)
This area is indicated on the Future Land Use Map as the Wellhead
Protected Water Supply Area
4.
Stormwater Management
2011
Stormwater runoff in Eastport is managed through a network of open ditches and
culverts. This system has performed adequately, and no need is foreseen for
underground storm sewer facilities.
(1)
Protection of Watercourses and Fish Habitat
Stormwater drainage systems will be designed and managed in a manner !hat
protects streams, ponds, and fish habitat from excessive direct discharges of
storm water.
(2)
Maintenance of Storm Drainage System
Ditches and c-ulverts within the Town's storm drainage system will be regularly
monitored to ensure that it remains free of debris and obstructions. This is
essential during the spring season as high spring run-off can cause further damage
to other infrastructure such as road asphalt.
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Town of Eastport Municipal Plan 2011-20
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4.
IMPLEMENTATION
The Eastport Municipal Plan will be implemented over a 10 year period through the
decisions of Council. The following factors are of particular importance:
-
Effective administration of the Eastport Municipal Plan;
-
The annual adoption of five-year municipal capital works budgets;
-
Land use zoning, subdivision, and advertisement regulations (referred to as
Development Regulations);
-
The basis of development control; and
-
The procedure for considering amendments to the plan.
These points are dealt with in tum below.
4.1
MUNICIPAL PLAN ADMINISTRATION
The Eastport Municipal Plan is comprised of goals and objectives (Section 2 of this
document), land use policies (Section 3), and a program of implementation (Section 4).
The Back1:,,round Summary, presented in Section I of this document provides
information but does not form part of the legally binding Eastport Municipal Plan.
1.
Map Interpretation
2011
(1)
For the purpose of administering the plan, the Future Land Use Map
(Maps 1 and 2) 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 Map are general only and, except where they coincide with roads,
shorelines, or other prominent physical features, are not intended to define
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
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exact limits. No amendment to the Eastport 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.
2.
Development Applications
(I)
Every person or corporation wishing to develop land for any purpose
within the Eastport Municipal Planning Area must apply to Council for
permission through the established procedure. Council shall require that
all development applications conform fully to the Eastport Municipal Plan
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 eonfom1ity 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 frlf approval or commen!s before
approving the application.
(4)
Council's final decision on an application will be based on the desire lo
guide the development of the Eastport in the best long-term interest of
residents.
3.
Subdivision Proposals and Agreements
2011
(I)
Evaluations of proposed subdivisions ofland for development will include
the fo 11 owing:
(a)
An investigation of the physical conditions and features of the site
and the opportunities for and constraints on development.
Hatch Mott MacDonald
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(b)
A demonstration of how the proposed subdivision will join with
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 sunounding 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.
(2)
Before major land developments are approved in the Eastport Municipal
Planning Area, Council may require the developer to enter into a
development agreement with the Town. The 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.
4.
Non-Conforming Uses
2011
(I)
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
l 08 of the [Jrhan and Rural Plan(ling Act, 2000.
(2)
Notwithstanding subsection (1), if a non-conforming use is discontinued
for a consecutive period of six months, or such further period as Council
considers fit, it shall not be recommenced and any further use of the land
or building shall confonn with the intent of this Plan and its Development
Regulations.
(3)
A non-conforming use under this Municipal Plan:
Hatch Mott MacDonald
Town of Eastport Municipal Plan 2011-20
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2011
(a)
shall not be internally or externally varied, extended or expanded
unless otherwise approved by Council;
(b)
shall not be strncturally modified except as required for the safety
of the building, structure or development;
( c)
shall not be reconstrneted or repaired for use in the same non-
conforming manner where 50% or more of the value of that
building, structure or development has been destroyed;
( d)
may have the existing use for that building, strncture or
development varied by Couneil 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% of the existing
building;
(f)
where the non-confonnance 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%
or more of the value of that building or structure is destroyed.
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4.2
PUBLIC WORKS PROGRAM
A municipal public works program shall be adopted annually and implemented by
Council. This shall include a program of work to be undertaken, which outlines proposed
capital works to be undertaken by Council over a five year period, subject to the
availability of funds.
The public works program for the Town appears below. The scheduled completion of
this work is dependent on the receipt of adequate capital works funding. It is council's
objective to complete most of the items in Priority Groups 1 and 2 within five years. The
remaining groups are regarded as desirable, but are not anticipated to be achievable
within the next five years.
Priority Group 1
Priority
Location
Description
1
Main Street from Seniors
Replace existing water main (Cost shared
Complex to intersection of Main
with Sandy Cove)
& Church Streets
2
Church Street from intersection of
Main St to intersection of
Replace existing water main (cost shared
Samson's Rd.
with Sandy Cove)
3
From well to Lane's Road
Install water transmission line to replace
existing line from well to Church St ( cost
shared with Sandy Cove)
4(a)
Lift Station near Eastport Beach
Retrofit existing water lift station
4(b)
Water treatment plant
Major upgrade
5
Church St. from Samson's Rd. To
Replace existing water main ( cost shared
Sandy Cove Rd.
with Sandy Cove)
6
Clay Cove Road
Install water main from Northside Rd to
top of the hill on Clay Cove Road (by
Harry Clarke's) to eliminate risk of sewer
contamination where line is presently
located.
2011
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Town of Eastport Municipal Plan 2011-20
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Priority Group 2
Priority
Location
Description
I
Main Street
Replace existing 2" water main and install
sewer from Penny's Rd to North West Brook,
incl. lift station
2
Main Street
Replace existing 2" water main and install
sewer from Northwest Brook to intersection of
Tulk's Rd
'
Main Street
Replace existing water main from Tulk's Rd. to
~
Mitchie Dyke's driveway and install sewer
from Tulk's Rd. to end of water line placement
on Main St. (Harry Rose's)
Priority Group 3
Priority
Location
Description
1
Burden's Road
Install sewer from end of placement (Ches
Powell's) to intersection of Legion Road
including lift station
2
Legion Road
Install sewer from Harvey Penny's to intersection
of Burden's Road/Northside Rd
3
Babstock's Road and
Install water & sewer along Babstock's Road
Bank Road
from Burden's Road as far as the existing
placement of water on Bank Rd.
4
Northside Road
Replace existing 4" water main between Ralph
Drive and Clay Cove Road
5
Baxter Drive
Replace water line and install sewer and storm
sewer from Main Street to the end of the road.
2011
Hatch Mott MacDonald
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Priority Group 4
Priority
Location
Description
I
Ralph Drive
Replace existing water main & install sewer
2
Northside Road
Replace water line and install sewer from Clay Cove
Rd. intersection to end of existing water main by
Lloyd Legge's
3
Northside Road
Replace water line and install sewer from Legion
Road intersection to Ralph Drive intersection.
4 (a)
Mosses Road
Install water line to replace section running across
East
country from Babstock' s Rd. Install sewer.
4(b)
Mosses Road
Install water line to replace line presently running
West
across country from Legion Road. Install sewer.
5
Leggetter's Lane
Replace existing water line and install sewer
6
Tulk's Road
Replace existing water line and install sewer
7
Burden's Road
Replace existing water main from Credit Union to
Jim Wick's
8
Church Street
Replace existing water main from Main Street to
Madeline Bull's
9
Clay Cove Road
Install water & sewer from Harry Clarke's property
to end of residential area ( currently un-serviced)
Priority Group 5
Priority
Location
Description
1
Beach Road
Install water and sewer from Clare Dyke's
property to Seaview Cottages
2
Samson's Road
Replace existing ductile iron water main
3
Sandy Cove Road
Install water main from intersection of
Lane's Road up the hill toward Sandy Cove
to connect with existing line (to loop the
system) To be cost shared with Sandy Cove
4
Beach Road
To extend water and sewer from Seaview
Cottages to Dark Cove
2011
Hatch Mott MacDonald
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Page 55
4.3
DEVELOPMENT REGULATIONS
To implement this Municipal Plan, Council prepared and adopted the Eastport Land Use
Zoning, Subdivision, and Advertisement Regulations (referred to as the Development
Regulations). These Development Regulations set out the administrative procedures for
dealing with applications and will provide municipal-wide standards and requirements for
land use development and zoning. All land within the Planning Area is covered by land
use zones which set out detailed standards such as lot size, lot coverage, building
setbacks and parking standards.
4.4
DEVELOPMENT CONTROL
1.
Municipal Plan is Binding
(I)
The Eastport Municipal Plan is a legal document which is binding upon all
persons and organizations, including the Council.
2.
Council Control
(1)
Council shall exercise appropriate control over development in the
Eastport Planning Area in ac-cordance with the Municipal Plan and the
Development (Land Use Zoning, Subdivision, and Advertisement)
Regulations.
3.
Development Applications and Approvals
2011
(1)
Application Requirements
All persons wishing to develop land for any purpose within the Planning
Area shall apply to Council for permission on the prescribed applications
forms and shall submit a detailed drawing of the proposal indicating the
location and dimensions of the land and the development.
Hatch Mott MacDonald
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(2)
Council Response
Council will examine the application on the basis of the Development
Regulations, which reflect the policy of this Municipal Plan. Council may
approve the application, approve it with conditions, or refuse it.
(3)
Applicant's Right of Appeal
An applicant who receives a refusal decision from Council on a
development application may appeal that decision to the Appeal Board.
(4)
Government Referrals
If Council forms an opinion that a proposed development may be affected
by the regulations of a Provincial or Federal department, the application
will be referred to the concerned department for review and comments
before an approval is granted.
4.5
PROCEDURE FOR AMENDING THE MUNICIPAL PLAN
This Municipal Plan has been prepared on the basis of existing and expected future
conditions. The intention is that no amendment shall be required within the first five
years of the Plan's registration. after which it will be reviewed. Conditions and policies
may change in unforeseen ways during the planning period.
1.
Amendment Procedure
2011
(I)
If Council decides to proceed with an amendment to the Municipal Plan,
the amendment shall be adopted, evaluated through a public hearing
process, and approved in the same manner as the Municipal Plan. An
evaluation of the proposed amendment will be compiled in a background
report.
Hatch Mott MacDonald