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TOWN OF EMBREE
MUNICIPAL PLAN
2021 -2031
Prepared By:
PLAN-TECH
-
ENVffiONMENT
Table of Contents
1.0
INTRODUCTION ...................................................................................................... 1
1.1
Forward .... ...... ........ .. .... ... ... ....... ........ .. ... .... .. ............. ...... .. ..... .. ... ... ... ...... ...... ..... 1
1.2
Purpose of the Municipal Plan .... ....... ... .... ... .. .. ... ....... ..... ... .... .... .... .. ...... ....... .. .... .. . 1
1.3
Municipal Plan Preparation ............. .. ... ....... .. .... ... ...... ...... ... .... ...... .. ...... .............. .. 1
1.4
Plan Approval ....... ................ ... .................. ........ ...... .... .. .... ...... ..... ...... .. ..... .......... 2
1.5
Plan Review and Amendment ........................................... .... ..... .. ... .. ... ... .... .. ...... .. . 2
1.6
Interpretation ..... .. ... .... ....... .. .. .... .... ..... .... ..... .. .... ..... ...... .... .. .......... ...... ... .... .... ..... 3
1.7
Embree Municipal Plan .... .... ... .... ... .......... .. .... ... .... .... ....... ........ ....... ....... ............... 3
1.7.1
Municipal Planning Area and Physical Features ..................... .... ... ... .. ....... ......... .. 3
1.7.2.
General Location and History .... ..... ...... ... ............ ... ... ..... .. ...... .. .......... ............ 5
1.7.3.
Population Characteristics ................. ............ ........ ... ... ... ...... ..... .. ......... .. ....... 6
1.7.4.
Households ..... .. ................ ...... .. ..... ......... ....... ... .. ... ........ ..... ... ...... ...... ......... .. 9
1.7.5.
Economy and Labour Force .. ...... ... ................ .. ...... .. ... .. ..... ....... .... ... .. ........... 10
1.7.6.
Municipal Services ................. .. ... ...................... .... ... ........ ... .. ... ....... ............ 11
2.0
GOALS AND OBJECTIVES ........................................................................................ 12
2.1
Community Structure ... ..... ......... .. ................... ........ ....... ... ... .. .. ..... .. .... ... ... ...... ... 12
2.2
Residential Housing .. ........ ..... ....... ......... ... ... ..... ........ .. ...... ... .. ..... ........ .. ... ........ ... 13
2.3
Economy ... ......... ... ... .... ..... ...... .................... ........ .. ......... ...... ... .. ..................... ... 13
2.4
Recreation and Open Space .... .. ..... ...... ..................... ...... .... .... ..... ...... ..... .. .. ..... ... 14
2.5
Environment ... .... .... ....... ............... .. ............ .. ...... .... .......... .... .. ... ... ... ..... ...... ....... 14
2.6
Transportation .... ..... .. ....... .................. .... ........ ... .... ...... ... ..... .... ... ..... ..... ... .. .. .... .. 15
2.7
Municipal Finance ...... ... .. ..... ... ........... ................ ... ........... .... ....... ......... .... .......... 15
2.8
Sustainable Development ................... ...... ... .... ..... ...... ... ...... ... ... ... ..... ................ . 16
3.0
THE LAND USE PLAN .............................................................................................. 17
3.1
General Land Use Policies .. .... ..... ...... ... .. ............. ... ........ ...... .. ..... .... .. ...... ............ 17
1)
Physical Structure .. .... ... ... ..... ... ........ .. .... .. ... .... ... ......... .... ...... ..... ... ............. ..... ... 17
2)
Subdivision Policies ... ..... ..... ... ... .. .. ...... ...... .. ............... ..... ........ .... .. .... ... .... ... .... ... 17
3)
Subdivision Agreement ....... ..... ...... ........ .... .. ... ............ .... ... .... ... .. ... ..... .... ....... .. ... 18
4)
Council Assumption of Private Roads .. .. ..... .... ..... ... ..... ... ..... ..... ... ...... ......... ... .. ..... 18
5)
Access and Public Street ... ..... ........... .. ... ........ .... .... ..... .... ... ..... .. .. ... ..... ..... .. ...... ... 18
6)
Building Setback .. ... ................ .................. ... ... .................... ...... ... ....... ... ............. 18
7)
Municipal and Public Utility Works and Easements .. .... .... ... ... ...... ....... ... ..... .... ....... 18
8)
Infill Development .... ....... ..... ............. ....... .... ...... ..... .. ............. .. ........... .. .... .. .... ... 19
9)
Environmental Preservation and Enhancement.. ........ ...... ....... .... .... .... .. .... ........ .... 19
10) Soils and Drainage ... .... ............... ....... ............ ................... ....... ...... .... ......... ..... .. . 20
11) Removal of Topsoil .... ........... .... .. ..... ... .... ..... .. ............... ... .... .... .... ....................... 21
12) Forestry Activities ...... ... ........... .. ..... ... ... ....... ............ ...... ....... ..... ... ... ......... ....... .. 21
13) Protection of Watercourses and Fish Habitat .... .. ...... ..... .... ... .......... ..... ..... .... ..... .. . 21
14) Development Criteria for Non-Residential Sites ....... ..... ........... .. .... ........................ 21
15) Property Maintenance ............................ ... ..... ..... .. .. ... ... ... ... .................. .......... .. . 22
16) Existing non-conforming use ................. .................. ....... .... .. .... ........ .. ................. 22
3.2
SPECIFIC LAND USE POLICIES .......... .. ......... .. .............. ...... ..... .. ............................. 23
3.2.1
Residential ........ .... ... .. ... ... .................... ......... .. .. .. ... .... .... .. ............................ .. 23
3.2.2
Commercial ....... ...................... .. ... .......................... .... ..... .. ............................ 28
3.2.3
Industrial ..... ...... ........................... ... .............. ... ..... ........ ............................ .... 29
3.2.4
Public Buildings ... .......... .. ........................ .. ...... ............... .. .. .. ... .... ....... .. ... .... ... 30
3.2.5
Open Space/Recreation ......... , .................................... ...... .. ................... .. ...... . 32
3.2.6
Conservation ............................. ................... .... .......... ....................... ... .......... 33
3.2.7
Protected Watershed .. .. ...................... ................. ............ ............ .. ......... .. ...... 35
3.2.8
Rural ..... ...................... .. ............................ ... .... ............... ... ... ... ..................... 36
4.0.
IMPLEMENTATION ................................................................................................ 39
4.1
Administration of the Plan .. ............ .. .... ........................................... .. .. .... .. .. ..... .. 39
4.2
Development Regulations .. ................... ............... ........... .. ...... ................. .. ....... . .40
4.3
Development Control .. .. ... ......... .. .. .. ..... .... ..... ................ ............... ... ... ........ ....... . 41
4.4
Capital Works ... .. .............. ............ ... ......... .. .. .. ... ........... .. ................... ..... .. ... .. .... 42
4.5
Municipal Plan Amendment Procedure ........ ...... ...... .......... .. ...... .. .... ... ............. .. .. 42
1.0
INTRODUCTION
1.1
Forward
This document and the maps contained with it comprise the Municipal Plan of the Town of Embree. The
maps show the Municipal Planning Area divided into various land use districts. Within each district only
certain kinds of development may take place. The document presents statements regarding the kinds of
development that may take place in each land use district. It also provides more general statements about
other aspects of development that apply throughout the entire Municipal Planning Area. The Municipal
Plan is a legal document and is binding upon Council and any person or group using or proposing to use
land anywhere within the Municipal Planning Area. All new development must conform to the Plan from
the date it becomes legally effective.
1.2
Purpose of the Municipal Plan
A Municipal Plan guides growth and development within a Municipal Planning Area. It provides a means
of preventing the kind of problems that occur when incompatible land uses take place in close proximity
to each other. It directs future growth so that it occurs in a manner in which municipal services and land
resources are used most efficiently, thus preventing unnecessary increases in servicing costs that would
result if development became needlessly spread out. It also ensures that aspects of land development
like safety, aesthetics and environmental protection are given proper consideration. The aim of planning
is to protect and enhance the qualities of the Municipal Planning Area that make it a healthy, prosperous
and pleasant place in which to live and work.
1.3
Municipal Plan Preparation
This Municipal Plan review has been prepared in accordance with the requirements of the Urban and
Rural Planning Act, 2000, following surveys and studies of land use, population growth, the local economy,
present and future transportation needs, public services, social services, and other relevant factors.
The Plan outlines the goals, objectives and policies of Council regarding the development of the Municipal
Planning Area over the next ten years.
1.4
Plan Approval
For the Plan to ,gain full legal effect, Council must hold public consultation with area residents and
concerned groups and individuals to allow for public input into the planning process.
After this
consultation Council must approve the draft Municipal Plan and submit the Plan to the Local Governance
and Planning Division, Department of Environment, Climate Change and Municipalities for review to
ensure the Plan policies conform to provincial policies.
Once the plan is released by the Department of Environment, Climate Change and Municipalities, Council
shall appoint a qualified Commissioner to conduct a formal public hearing to consider objections and
representations from the public either opposing or in favour of the Municipal Plan. The Plan in its entirety
shall be placed on display for a two-week period for public viewing. If written objections to the Plan are
received a public hearing maybe held and the Commissioner shall conduct the hearing. The Commissioner
will formally report his or her findings to Council as a result of the public hearing. Council may adopt the
report in whole, in part, or reject the report in its entirety. Council can then formerly approve the
Municipal Plan and apply to the Department of Environment, Climate Change and Municipalities for
registration. A notice will then appear in the Newfoundland and Labrador Gazette and a local newspaper
advising the public of the registration of the updated Plan. Once this notice has been published in the
Gazette, the Plan is legally binding on Council and any person or party proposing to develop, or to change
the use of land, anywhere within the Municipal Planning Area.
1.5
Plan Review and Amendment
Every five years from the date on which it first comes into effect, Council is required under the Urban and
Rural Planning Act, 2000 to initiate a review of the Plan. Where necessary, changes may then be made to
account for any new policies or land use requirements for the next ten years. The Plan may otherwise be
amended at any other time, in whole or in part. Any such amendment will be read together with and
become part of; the Municipal Plan and so must not conflict with any other of its policies. If circumstances
do not permit a Plan Review to be undertaken within the prescribed time, the current Municipal Plan, and
2
any amendments that had been made to it, will remain in effect until a Plan Review is completed and fully
approved.
1.6
Interpretation
The following sections and the Future Land Use Maps constitute the legally effective parts of the Embree
Municipal Plan. In this Municipal Plan:
-
"Council" shall mean the Council of the Town of Embree.
-
"Development Regulations" shall mean the Embree Land Use Zoning, Subdivision and
Advertisement Regulations.
-
"Municipal Planning Area" shall mean the Embree Municipal Planning Area.
-
"Town" shall mean the Town of Embree.
The boundaries between the different land use designations in the Municipal Plan are meant to be
general, except in the case of roads or other prominent physical features where they are intended to
define the exact limits of each category. No amendment of this Plan is required to permit minor
adjustments to these boundaries. Other than such minor changes, no development shall be permitted
that does not conform to this Plan.
Nothing in the Plan shall affect the continuance of land uses which are lawfully established on the date
that this Plan comes into effect.
1.7
Embree Municipal Plan
This is a new Municipal Plan for the Town of Embree. It was developed after conducting public
consultation and interviews with the Town Council, Town staff and government department agency
representatives.
1.7.1
Municipal Planning Area and Physical Features
The Embree Municipal Planning Area was gazetted on December 18, 2017 and covers a large area of land
which contains approximately 1,816 hectares (4,487 acres). The topography of the area is undulating and
3
irregular, with most elevations under 100 metres above sea level. There is little exposed bedrock in the
area with soil coverage consisting of glacial till and generally humic podzols which are acidic and occur in
wet areas. This makes agricultural development challenging at best.
Little
Burnt Bay
Stanhope
Birchy Island
Michae
Harbot
Lewisporte Go gle
The Municipal Planning Area outside of the urban development along the main roads is forested with a
mix of coniferous and deciduous trees. The Town is located in Domestic cutting area #25 in Forestry
Management District #8. Domestic harvesting permits are required from the Forest Service. The Town
can add conditions or restrict harvesting areas in cooperation with the local Forest Service Agency.
4
There are also several quarry sites within the Municipal Planning Area boundary. At this time there are
only three in operation as shown with the larger black dots on the map below. Historical quarry sites are
indicated with the yellow 'x' and these may be re-activated by making application to the Mineral Lands
Division.
o.
1.7.2.
General Location and History
The Town of Embree is located in Notre Dame Bay on the North west shore of Burnt Bay approximately 9
km (10 minutes) north of the regional centre Lewisporte (with a major port facility) and adjacent to the
community of Little Burnt Bay at the end of the road (Route 342). Other larger centres within a 45-minute
to one-hour drive include Bishop's Falls and Gander, which has an international airport.
5
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I,'
. )
, )
t
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. ~· I'. :'\
;
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I
The Town was settled in the 1800's by settlers engaged in the prosperous fishing, logging, and ship
building industries in the region. The Town of Embree was incorporated in 1960.
The Town was originally called Salt Pond, but during the later 1950s it was renamed Embree after
Reverend Jeremiah Embree, a Methodist missionary serving the area.
1. 7 .3.
Population Characteristics
At its peak, the Town of Embree had about 900 residents, but like the rest of rural Newfoundland, the
population has declined, and in 2016 there were about 700 people. The trend for the Town of Embree
and the Census District 8 over the past 25 years is shown on the Table below.
6
Table 1:
LOCATION
1991
Embree
845
Lewisporte
3848
Little Burnt Bay
436
Unorganized
1183
Census District SF
TOTALS:
6312
M
Pouv".T
F
5
4okm
St.Jtts,;u ~nold:, - 20'6 Sp:,ff:,J d:,t- in(r.i.$tnu:wro
lolsplayed boundary. Census subdivisions
Geographic area selected: Division No. 8, Subd F, SNO (CSD). N.l.
Population trends
CENSUS YEAR
1996
2001
2006
819
745
705
3709
3312
3308
412
312
325
1126
973
898
6066
5342
5236
('hvslMJn tlo ,. Subd 0 . SNO
2011
2016
691
701
3483
3409
294
281
867
930
5335
5321
01vuion Ho I . Sllbd l SHO
L u
The population of Embree decreased by 144 persons between the years 1991 and 2016; the greatest loss
occurred between 1991 to 2006 and then in the past 10 years the population has stabilized. This is
generally attributed to the proximity to Lewisporte, a regional centre offering a broad range of retail and
government services as well as employment opportunities.
7
7000
6000
5000
4000
3000
2000
1000
0
Population trends
I l l 11
... ·- Ill 11
Embree
Lewisporte
Little Burnt Bay Unorganized CSD
TOTALS:
8F
- 1991 - 1996 - 2001
2006 - 2011 - 2016
Over the 10-year period between 2006 to 2016, the population of the Town of Embree has aged, much
the like overall provincial trends, as shown on the Figure below.
600
500
400
300
200
100
0
Table 1: Town of Embree
Change in Age Groups, 2006-2016
I I I- II II II I- I- 11 II II II II 11 11 11 -- -- -·
- 2006 - 2016
II 11
8
The greatest concern is the decrease in the 25 to 39 age group, almost a 40% decline, which represents
the cohort most likely to have children and raise a family in the Town of Embree.
1.7.4.
Households
The number of private residential dwellings within the Town has fluctuated from 325 in 2006 to 309 in
2011 and up to 331 in 2016. Approximately 20 newer residential homes have been developed in the past
five years (2011-2016).
Age of homes (Census Canada data, 2016)
80 o
0
70 o
0
60 0
0
50 O
0
40 0
0
30 0
0
20 O
10 0
0
I
0
0
1960 or
1961 to 1980
1981 to 1990
1991 to 2000
2001 to 2005
2006 to 2010
2011 to 2016
before
The average household size in the Town is 2.4 persons per dwelling which is slightly higher than the
average Newfoundland household size of 2.3. This is down from 2.6 persons per household in 2011 and
2.8 in 200.
The predominant housing type in the Town remains the single family detached dwelling, with some
dwellings having subsidiary apartments and there is a senior's home. Overall in 2016 there is 90% home
ownership and only 10% rental accommodation.
9
1.7.5.
Economy and Labour Force
There are very few employment opportunities in the Town of Embree, almost all employment is in
Lewisporte and further. In Embree, the employment is associated with the Town and a small convenience
store. Table 3 shows the types of occupations in which these people worked.
Labour force population by Occupation - 2016
Occupation - not applicable
15
All occupations
285
Management occupations
20
Business; finance and administration occupations
10
Natural and applied sciences and related occupations
15
Health occupations
25
Occupations in education; law and social; community and government
services
20
Occupations in art; culture; recreation and sport
0
Sales and service occupations
95
Trades; transport and equipment operators and related occupations
90
Natural resources; agriculture and related production occupations
10
Occupations in manufacturing and utilities
0
The table below indicates the labour force characteristics for Embree in comparison with provincial
statistics for 2016 showing, not surprisingly, a higher unemployment rate.
Labour Force characteristics, 2016
Embree
NL
Population aged 15 years and over by
Labour force status
560
437935
In the labour force
305
256855
-
Employed
200
216705
-
Unemployed
105
40150
Not in the labour force
260
181080
-
Participation rate
54.5
58.7
-
Employment rate
35.7
49.5
-
Unemployment rate
34.4
15.6
10
1.7.6.
Municipal Services
The Town has water and sewer servicing in the developed areas of the community. The water service is
shared with the Town of Little Burnt Bay. At present, almost all houses in the core of the community are
serviced. The domestic water supply source is from Trokes Cove Pond which is protected under the Public
Water Supply designation under the Water Resources Act administered by the Water Resources Division
of the Department of Environment, Climate Change and Municipalities. The sewer system consists of
outfalls into the salt water. There is no treatment facility.
The main road through the community, Route 342, is a provincial highway. There are also a few other
side roads into the community that are maintained by the provincial government.
There are two parks with playgrounds in the Town and a Lookout at Manuel's Point. There are no
community-maintained trails, but in the back-country there are numerous historical trails formerly used
by lobster fishermen to access different areas for harvesting. These trails are suitable for walking or all
terrain vehicles (atv's). In the past there was also a snowmobile trail from Little Burnt Bay to Lewisporte
which was protected by a buffer from domestic harvesting.
11
2.0
GOALS AND OBJECTIVES
Goals represent desired states or conditions which the town would like to attain over the long-term and
provide a foundation upon which the Plan's objectives and policies are based. The following are goals of
the Embree Municipal Plan.
2.1
Community Structure
Goals:
-
Promote residential development at a density consistent with the rural character of the area.
-
To encourage structured growth for Embree that will ensure orderly development between land
uses.
-
Protect and enhance the physical and social well-being of all residents and ensure the town
remains a pleasant place in which to live, work and visit.
-
Maximize the efficiency and cost effectiveness of municipal services.
-
To manage the Town responsibly by having a plan and committee structures with solid decision-
making policies.
Objectives:
-
Allocate land for development which will promote the efficient and orderly expansion of
compatible land use activities.
-
Ensure development takes place in a logical sequence, and to best utilize the financial resources
and land base of the Municipal Planning Area.
-
Maintain safe and efficient movement of traffic along the community roads and main highway.
-
Encourage infill development within existing serviced areas.
-
Avoid extending services to areas where the cost to do so would create a servicing burden on
the Town.
-
Maintain and improve the drinking water system to ensure clean, safe drinking water.
12
-
To ensure adequate water pressure for both drinking water and for fire protection services.
-
To have a planned approach to upgrade and pave the gravel roads in the community.
-
To maintain Town buildings up to standard to instil community pride and set an example for
property maintenance and enhancement.
2.2
Residential Housing
Goals:
-
To provide for an adequate quality, quantity and mix of housing to serve the needs of the
present and future population.
-
Ensure that land uses are properly allocated so that conflicts between non-compatible uses are
avoided.
Objectives:
-
Provide appropriate buffer zones between residential and non-residential areas (i.e.
commercial, industrial, and agricultural).
-
Prevent development in residential areas which are incompatible with residential uses.
-
Explore opportunities for residential expansion to offer a wider range of residential
development opportunities that would take advantage of the scenic locations and increase the
Town tax base in a cost-effective manner.
2.3
Economy
Goal:
To encourage development in the Town of Embree that is compatible with the existing
attractive rural character of the community.
Objectives:
-
Encourage diversification of the local economy through the attraction of new businesses and the
support of entrepreneurship.
13
-
Support the development of facilities and attractions which will promote the tourism industry
within the community such as historic sites, visitor information centres, and outdoor recreation
sites, for example, the beach area at the north end of Town.
-
Promote the attractiveness of Embree as a place to live, drawing upon its scenic beauty,
amenities, and geographic proximity to Lewisporte.
-
To focus on the Town's development to help promote a better quality of life and protect the
environment.
2.4
Recreation and Open Space
Goal:
To provide recreation facilities to meet the recreational and social needs for all age groups
within the Town.
Objectives:
-
Encourage public participation in the planning of recreational open space lands.
-
Develop public recreational areas and facilities in feasible locations which will service the
maximum number of residents of the Town, such as the Fawkes dock area which previously had
a picnic and recreation area along the beach.
-
Encourage community involvement in events such as festivals, sporting events, and other
attractions, such as the Santa Clause Parade organized by the Fire Department and the initiatives
by the Town Recreation Committee including the playground and possible skating rink for winter
activities.
-
Promote the Town as a tourist attraction and encourage travelers to visit Embree by developing
sites, such as the Look Out and picnic area at Manuel's Point.
-
Support interpretative initiatives, such as the local museum.
2.5
Environment
Goal:
To preserve, sustain and enhance the natural environment and scenic quality of the Municipal
Planning Area for its aesthetic, recreational and resource values.
14
Objectives:
-
Prevent development in environmentally sensitive areas such as shoreline and waterways, steep
slopes, drainage areas and bogs.
-
Council shall ensure a regular maintenance standard is employed for municipal owned properties
such as the Town Hall and Fire Station.
-
Council shall encourage local residents to take pride in their property and keep them clean and
free of refuse and the Town shall also encourage the greening of the Town.
2.6
Transportation
Goal:
To ensure that the local transportation system adequately and safely provides access
throughout the Municipal Planning Area.
Objectives:
-
Ensure that new roads are constructed to Town standards and to reduce the number of dead-
end roads.
-
To improve local roads on a yearly and priority basis in accordance to the Town's financial
capability and Capital Works program.
2.7
Municipal Finance
Goal:
To manage municipal expenditures and revenues to provide municipal services within a
framework of long-term financial stability.
Objectives:
-
Manage the municipal debt load with consideration being given to expenditures over the long
term.
-
Encourage an enlarged economic base to generate more revenues.
15
2.8
Sustainable Development
Goal:
To encourage the preservation of natural resources and to promote the development of
sustainable development activities.
Objectives:
-
To encourage the use of natural resources like wind and solar energy as alternative sources of
renewable energy.
-
To promote the development of industries that use clean renewable sources of energy.
-
To promote green technology wherever feasible for sanitary and storm water management.
-
To encourage recycling in a cost-effective manner throughout the community.
16
3.0
THE LAND USE PLAN
The following policies with accompanying Future Land Use Maps constitute the land use component of
the Embree Municipal Plan, 2018-2028. Included are all policies which are seen as necessary by Council
to ensure that the physical development of Embree is undertaken in an efficient and economic manner
during the ten-year (2018-2028) life of this municipal plan. The Land Use Plan is meant to complement
the Goals and Objectives outlined in Section 2.0.
3.1
General Land Use Policies
The following policies can be categorized as general in scope in that they can be applied to more than one
land use and to different sections of the Town of Embree. They are therefore presented as a separate
section of this Land Use Plan.
1)
Physical Structure
Land uses will be allocated in accordance with the Future Land Use Map attached to this text.
Development within the Municipal Planning Area will be managed in accordance with the
regulations of Council, in compliance with the policies, acts, and regulations of the Province of
Newfoundland and Labrador.
2)
Subdivision Policies
All proposed subdivision developments will be subject to a comprehensive evaluation by Council.
The content of this evaluation will be detailed in the Embree Development Regulations and shall
include:
-
analysis of all physical features of the site and the opportunities and constraints to
development that they represent. Where possible, the layout of proposed lots and roads
shall conform to the topography;
-
analysis of how the proposed subdivision will integrate with existing development, roads,
17
municipal services, adjacent lands, and provide for future access to undeveloped lands in
the area; and
-
ensure compatibility between the subdivision and surrounding land uses, both existing
and future;
3)
Subdivision Agreement
As a condition of approval, Council may require the developer to enter into a subdivision
agreement with the Town.
4)
Council Assumption of Private Roads
New subdivision streets shall be constructed and upgraded to the Town's standard before Council
shall assume ownership and responsibility for future maintenance.
5)
Access and Public Street
All development must front on a publicly maintained street, that is, each site shall have direct
frontage on a public road, unless otherwise specified in this Plan.
6)
Building Setback
Adequate building setback from roads shall be required in order to maintain road standards.
Setbacks should be sufficient to allow for landscaping of front yards, vehicle off-street parking and
not interfere with the abilities of the Town's snow clearing program. In certain circumstances
where topography restricts the development of a lot, a larger setback may be permitted to
accommodate the development.
7)
Municipal and Public Utility Works and Easements
Municipal and public utility works such as electrical power, telephone, and pollution control
facilities may be permitted in all land-use designations provided that no adverse effect on
adjacent land uses or the environment is created. In this regard, the size and appearance of such
18
works must be in keeping with adjacent uses. Buffering, where appropriate shall be provided in
the form of a suitably landscaped area between any such works and adjacent land uses.
Where land is required for utility easements or emergency access, such land may be obtained for
the appropriate agency (e.g. Newfoundland Power and/or Nalcor Energy) in the course of
approving subdivision or other development applications.
No unserviced development will be allowed within 100 m of municipal services.
No development or formal landscaping shall be undertaken within 1.5 metres of a fire hydrant.
8)
Infill Development
Council shall monitor all infill development to ensure that appropriate standards are maintained
with respect to lot size, frontages, road widening, alignments, and any other matter concerning
current or future public works. In older developed sections of Town, infill lots may not meet
current standards. Council shall review any proposed development on a lot by lot basis. Lots that
do not meet current frontage development standards may be approved for infill residential
development under Council's discretionary authority provided they are serviced with municipal
services and there are sufficient lands for the safe development of the lot.
9)
Environmental Preservation and Enhancement
Council will place high importance on environmental preservation and enhancement, given its
importance to residents and to Council's intention of enhancing the local environment and
developing a tourism industry.
19
Natural Environment
The policy of preserving the natural environment will be extended to all natural systems within
the Municipal Planning Area, including natural drainage systems, wetlands, bogs, wildlife, plant
and fish habitats. The preservation of watercourses and shoreline areas will be a priority within
the Municipal Planning Area.
Development proposals shall include plans for grading, ditching, and landscaping.
Significant
alterations to the natural environment (such as changing the drainage pattern or removing
vegetation) will be considered during the evaluation of development proposals. Alterations which
will adversely affect adjacent property shall not be permitted.
Built Environment
Council shall encourage partnerships and initiatives aimed at promoting positive environmental
attitudes, awareness and promoting projects which will enhance the built environment. Examples
will include the following:
-
preservation of trees on sites for new development (i.e., to discourage the traditional
practise of clearing development sites of all trees and vegetation);
-
development and expansion of recreation lands, open spaces and trails; and
-
encourage the reduction and recycling of solid waste within the Town.
10)
Soils and Drainage
Development shall only be permitted on lands having soil and drainage conditions that are
suitable to permit the proper siting and development of the proposed uses and any onsite
services.
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11)
Removal of Topsoil
Removal of topsoil from land will not take place unless a permit has been obtained from the
Mineral Lands Division and the Council has given approval.
12)
Forestry Activities
The Town may set conditions or restrict domestic harvesting activities within the Municipal
Planning Area boundaries if these activities are not compatible with development or
environmental protection and economic activities that would be of benefit to the overall well-
being of the community. Conditions and restrictions regarding forestry activities must be in
alignment with the Forest Management Plan prepared by the Forest Service.
13)
Protection of Watercourses and Fish Habitat
Rivers, streams, ponds, and shorelines shall be protected from pollution and development. The
existing vegetation shall be maintained along banks and shorelines where possible.
No
development shall be permitted within 15 metres of a watercourse without approval from the
Water Resources Management Division, Departments of Environment, Climate Change and
Municipalities and, if fish habitat is affected, from Fisheries and Oceans Canada.
Council shall encourage the preservation and protection of sensitive wetlands that are valuable
wetlands for controlling flooding; habitats for waterfowl or have important aesthetics value to
the surrounding areas. Any development proposal within sensitive wetlands areas shall be
referred to the Department Environment, Climate Change and Municipalities, Water Resources
Management Division for comment prior to any approval by Council.
14)
Development Criteria for Non-Residential Sites
All built-up development of non-residential land uses will conform to the following criteria:
-
Development shall be located and designed in a manner that minimizes the impact of traffic,
noise, lighting, and signage on adjacent residential areas. Where necessary, screening may
be required through the provision of trees, shrubs, banks and berms, landscaping or fencing.
21
-
Properties shall be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
-
Access points to the public street will be limited in number and designed for maximum safety
for pedestrians and vehicles.
-
Each site shall provide space for adequate off-street parking and loading facilities to meet the
needs of the proposed development.
-
Adequate municipal services must be available to meet the needs of each proposed
development.
-
Development must be in accordance with the Town's Development Regulations and where
applicable Legislation, regulations and policies provincial government departments such as,
the Departments of Environment, Climate Change and Municipalities; Transportation and
Infrastructure, and Service NL as well as federal governments agencies, such as, Fisheries and
Oceans; and other relevant agencies.
15)
Property Maintenance
All development shall be landscaped. The exteriors of buildings, particularly commercial
properties, restaurants, shops and stores, or any business catering to tourists, shall be properly
finished and maintained to the satisfaction of Council. Owners of dilapidated structures shall be
required to make repairs or removal may be required should it pose as a safety hazard.
Council shall ensure that municipal buildings and property are maintained and landscaped as an
example to the community. Wrecked or inoperable vehicles, machinery or equipment of any kind
shall not be stored or abandoned in front or side yards, where it may be in general public view.
16)
Existing non-conforming use
Protect and control existing non-conforming uses: Nothing in the Plan shall affect the continuation
of a use which was legally established on the day that this Plan is registered by the Minister of
Municipal Affairs and Environment except as outlined in Section 108 of the Act regarding
discontinuance and resumption of use, alterations, repair.
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3.2
SPECIFIC LAND USE POLICIES
The lands within the Embree Municipal Planning area shall be managed according to the designations
shown on the Future Land Use Map and the policies of this Municipal Plan.
The Future Land Use Map divides the Municipal Planning Area into the following designations:
-
Residential
-
Commercial
-
Public Building
-
Conservation
-
Industrial
-
Recreation Open Space
-
Protected Watershed
-
Rural
3.2.1
Residential
The purpose of the Residential designation is to preserve the amenity and character of existing residential
areas and to reserve lands for future residential use throughout the Municipal Planning Area.
Areas designated as Residential on the Future Land Use Map shall be predominantly residential in
character. Infilling is encouraged where land is fully serviced by water and sewer lines. As the Town is
interested in developing planned cottage areas for seasonal residential, areas will be identified that are
suitable for such development which will not conflict with the. traditional residential community and
future residential development scheme areas identified for expansion. There will be three residential
zones in the Town of Embree Development Regulations:
-
Residential: This zone is for serviced residential development generally situated in the core urban
area of the Town which has water and sewer services;
-
Residential Seasonal: The Residential Seasonal designation will ensure that the existing seasonal
residences and cottage areas may continue to be used for that purpose. Development in Seasonal
Residential Areas should be planned so as to ensure that the extension of municipal services will
23
not be required, and that conflicts will not arise with other uses. This designation will also protect
and enhance the recreational character and amenities of existing areas of seasonal residential
development.
-
Residential-Comprehensive Development Areas:
The future residential Comprehensive
Development Areas include sites where it may be appropriate to make provisions for supply of
water and sewage disposal satisfactory to Council as well as areas that can accommodate large
lots have capacity for an onsite sanitary sewage system and a well for water. Proposed residential
development schemes in these areas will only require an amendment to the Development
Regulations (no amendment is required to the Municipal Plan); therefore, the Town can process
these applications more efficiently. However, if a development proposal is submitted for a non-
residential development; then both a municipal plan amendment and a development regulation
amendment is required.
Policies:
1.
Land Designation
The Residential designation shall accommodate serviced residential development on lots sizes
which reflect older development patterns along existing roads in the Town.
The future Development Scheme areas will identify potential residential areas which require the
preparation of a comprehensive development scheme before these areas can be developed in
order to ensure that the concerns of the Town can be addressed in advance.
2.
Land Uses
Within lands designated Residential, single dwellings, double dwellings and recreation open space
uses shall be permitted. Discretionary uses include: row dwelling, apartment, mobile home, mini
home and modular home, place of worship, educational, convenience store, child care, office,
medical and professional, personal and professional service, boarding house residential (bed and
breakfast), special care institutional uses (home for the aged and seniors living only), utilities,
antenna, catering.
24
Council shall consider the impact of the bulk and scale of proposed uses in residential designations
to ensure that development does not adversely affect the residential character and amenity of
the area; provision of adequate space for onsite parking, loading, and buffering must be provided;
and the primary use of the lot remains residential. A discretionary use will occupy only a minor
part of the floor area of the dwelling.
All new development and all new lots created shall have direct frontage onto a publicly-
maintained road or in the case of a new subdivision shall have frontage on a road being
constructed under the terms of a development permit issued by Council. The building must have
a front elevation consistent with the neighbourhood including a street number. The costs of
providing services to any new subdivision development shall be the responsibility of the
developer.
Within the lands designated Seasonal Residential, seasonal residences, cottages and cabins shall
be permitted as well as recreational open space.
Within the lands designated Residential-Comprehensive Development Areas (R-CDA), residential
development proposals must be submitted as part of an overall comprehensive development
scheme proposal for the area. The Development Regulations will identify wherever possible
access points to be protected for road access needed to develop the R-CDAs.
3.
Recreation Uses
Compatible recreation uses such as playgrounds and passive recreation and scenic lookouts and
rest areas along trails may be located within Residential areas provided that adequate screening
from nearby properties is provided, and safe setback distances from the roads can be obtained.
4.
Medical Treatment and Special Care
Medical Treatment and Special Care shall be limited to only 'homes for the aged'. Development,
in the form of a Seniors Residence may be permitted provided that adequate pedestrian and
vehicular access and parking can be provided. The size and scale of the development shall be
25
reviewed by the Council in any decision to permit this form of development within a residential
area.
5.
Bed-and-Breakfast
Bed-and-breakfast operations must clearly be subsidiary to the residential use and must not
adversely affect the residential quality of the area through excessive traffic, noise, or parking of
an excessive number of vehicles.
6.
Office Use
Home office use shall be limited to a home-based business which may be permitted if contained
inside the residence, is clearly subsidiary to the residential use, and there shall be no open storage
of materials, equipment or products, and it does not adversely affect the residential quality of the
area through increased traffic, noise, unsightly premises, and similar considerations.
7.
Childcare
Group or Family Childcare is permitted provided that the use does not adversely affect the
residential quality of an area through excessive traffic, noise, or similar considerations that may
be associated with the business. Any Group or Family Childcare business shall be operated in
accordance with provincial Child Care Services Act and all applicable Provincial Regulations.
8.
Convenience Store
Within the Residential designated lands, new convenience stores may be permitted as a
subsidiary use to a residential dwelling or as a separate structure on its own lot. Council shall
encourage the even distribution of convenience stores in appropriate areas throughout the Town.
Development standards shall ensure that the size of the convenience store is limited so that it will
not interfere with neighbouring residential uses.
Council shall consider access to the site; amount of parking to be provided; any adverse impacts
upon adjoining neighbours, and effects of the business on traffic flow when reviewing applications
for a new or expanded convenience store.
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9.
Residential Subdivisions
In order to ensure efficient use of land and future provision of services, avoid a proliferation of
individual cul-de-sacs that are costly to service, and ensure that development is properly located
so as not to interfere with optimal future development of adjacent lands, subdivision proposals
shall be considered only if they conform to an area concept plan that has been approved by
Council (See Policy 3.1.2 Subdivision Development Plans).
Building permits shall not be issued unless a road agreement has been reached between the Town
and the developer. Services (roads, storm drainage, etc.) will normally be installed at the expense
of the developer.
Subdivision Plans, engineering site plans, and building designs must meet the approval of Council.
Lot layouts and the sighting of buildings shall follow development standards as outlined in the
Town's Development Regulations.
10.
Subdivision Development Plans
Subdivision development plans shall address specific proposals for development of a site in a
relatively short time frame. The subdivision plan shall be detailed and shall address needs
pertinent to development of the site, including:
-
Conformity to the goals, objectives, and policies of this Municipal Plan;
-
Conformity to an area concept plan as approved by Council, which accounts for the
development of lands abutting the site;
-
A description of the subject lands;
-
Consideration of land ownership as it will affect the layout of streets and the optimal use
of land and municipal services;
-
Access to the site from existing roads and internal road layout;
-
Extension and development of municipal piped services for new subdivision;
-
Demonstration the long-term viability of any proposed on-site servicing system through
soil analysis and other appropriate site evaluation. A site assessment in this regard that
has been carried out as part of an area concept plan may suffice if Council is satisfied that
it accurately depicts the conditions of the proposed subdivision site;
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-
Phasing scheme;
-
Provision for lotting;
-
Provision for 10% recreation lands or alternative measures if requested by Council;
-
Adherence to the Town's engineering development standards for streets designs, grades,
storm drainage, building lines, accesses, landscaping, buffers, development standards for
each lot, etc.;
-
Other information that Council may require.
11.
Open Space Requirements
The provision for open space within a residential subdivision development shall be the
responsibility of the developers and if required, shall dedicate a maximum of not more than 10
percent of suitable land in new residential areas for recreational open space. Alternatively,
Council may require the developer to pay a sum of money equal to 10 % of the assessed value of
the area of land prior to commencement of the development of the subdivision.
3.2.2
Commercial
Lands designated as Commercial are limited within the Town. The intent of the Plan is to protect these
businesses and to ensure their continued operation or allow for future opportunities on these sites. The
proximity of the Town of Lewisporte and the regional level of service it offers makes it difficult for
commercial operations to successfully compete. For a variety of reasons, in rural Newfoundland where
there is a regional centre offering a wide choice of consumer goods, small neighbourhood operations are
not supported by the local community. However, as these sites are located on Route 342 they may offer
potential commercial opportunity in the future.
Policies:
1.
Land Use
Land designated Commercial shall be developed primarily for commercial uses such as retail and
service activities oriented toward local residents and highway users. The permitted uses shall
include: catering, child care, commercial residential, office, medical and professional, personal
service, shop, convenience store, service station, and outdoor assembly. Discretionary uses that
may be permitted include clubs and lodges, amusement, indoor assembly, taxi stand, funeral
28
home, indoor market, office, general services, veterinary, outdoor market, communications, light
industry, passenger assembly, service station, cultural and civic, antenna, and recreation open
space, general assembly, police station and apartment building.
2.
Location
Commercial activity shall be located on sites suitable for such development and have good access
to the main highway Route 342. The locations should provide for adequate buffering from other
non-compatible uses such as residential areas and public uses.
3.
Service Stations
The development of a service station with retail of fuels shall be at the discretion of Council. In
deciding on any such development, Council shall take into consideration, the location and type of
adjoining uses, provision of adequate parking, a minimum of two access points to the lot, the
location of any private dug wells, and the location of the fuel storage tanks and building on the
lot.
4.
Open Storage
No open storage shall be permitted in the front or side yards of any commercial property. Property
owners will be required to keep their premises well maintained and tidy.
5.
Parking
Adequate off-street parking, loading and safe access to the street shall be provided. Parking shall
meet requirements as outline in Schedule D of the Town Development Regulations.
3.2.3
Industrial
Industrial development is presently very limited in the town. Industrial land use designations are intended
to create opportunities for future potential industrial development over the next ten-year planning
period. As these uses do not rely on customer exposure as much as commercial uses, there is greater
potential for industrial development to expand the Town's business tax revenue. There is a limited land
29
base within the surrounding urban area of Town, therefore these areas are located on Route 342 and
away from established residential areas.
Policies
1.
Location
Lands along Route 342 in the vicinity of the existing farm operation are designated as Industrial.
2.
Land Use
The Industrial designation shall accommodate a variety of General Industry and, Light industry
uses (see definition in Schedule A, Development Regulations) and associated educational uses
(i.e., onsite training). Industrial uses shall include manufacturing, sawmills, light industry and
general industry. Discretionary uses include: Passenger assembly, service station, antenna, shop
in relation to and subsidiary to permitted use. Associated resource uses may be permitted at the
discretion of Council.
3.
Restricted Land Use
The uses in the Industrial land use designation shall be limited to those of an industrial nature.
Subsidiary retail activities may be permitted only in association with a permitted industrial land
use
4.
Offensive Uses
Industrial uses that are judged to be incompatible with the nearby communities through excessive
emissions of noise, smell, chemicals or other pollutants, shall not be permitted. Property owners
with unsightly uses will be required to store their materials in the rear or side yard. Property
owners will be required to keep their premises well maintained and tidy.
3.2.4
Public Buildings
Land designated Public Buildings shall include government, church, and other uses for general or limited
public access. A number of sites in Embree are designated as Public Use including facilities required to
30
deliver municipal services to residents, such as the Town Hall and Fire Hall and the Glad Tidings
Pentecostal Church.
Policies
1.
Land Use
Lands are designated Public Building to permit their general or limited use by the residents of
Embree. Within the Public Building designation, the permitted use of land shall be for community-
oriented facilities such as educational, cultural and civic uses, places of worship, child care,
general assembly, medical treatment and special care, government or public offices, recreational
open space, and police station. Discretionary uses may be permitted, provided that they will not
conflict with the satisfactory operation of existing facilities or the future development of public
uses. The discretionary uses may include recreational open space such as parks and playing fields,
office, indoor assembly, outdoor assembly, catering, and homes for the aged (collective
residential), cemetery, club and lodge, passenger assembly, and antenna.
2.
Compatibility with Residential Uses
The development and operation of new facilities and buildings for public buildings will not impose
adverse effects on adjacent residential areas in terms of traffic, noise, and hours of operation.
3.
Location
Public buildings and uses are encouraged to locate in the central part of the community and within
easy walking distance of most residents.
4.
Access
Access points to the public street shall be limited in number and properly designed, in order to
keep the street safe and efficient for both vehicles and pedestrians.
5.
Parking
Adequate off-street parking and loading facilities shall be provided.
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3.2.5
Open Space/Recreation
The intent of the Plan is to designated lands used for active and passive recreational needs of Embree
residents and visitors.
Policies:
1.
Land Uses
Permitted uses include parklands, sports fields and playgrounds, trail systems and pathways are
permitted. Permitted recreational facilities shall include indoor and organized facilities with such
uses as social clubs, boy and girls club, recreation centre and outdoor facilities such as sports
fields, open concert/stage areas, and picnic/camping parks. Other permitted uses may include
office in association with a permitted use, amusement, such as youth centre, and personal service
such as a gymnasium. Discretionary uses include: Indoor assembly, outdoor assembly, cultural
and civic, catering, take-out food service, agriculture (community gardens), and antenna.
2.
Effects Surrounding Property
Development and operation of recreational facilities shall not impose adverse effects on adjacent
residential and other uses in terms of noise, traffic and hours of operation.
3.
Recreation Uses
Additional recreational facilities shall be provided in areas where they are needed and when the
Town's financial resources permit. Since most of the regional and local recreational facilities are
less accessible to the older age groups, the provision of additional facilities will give special
consideration to these groups.
4.
Town Recreation Facilities
Existing recreational facilities owned by the Town shall be properly equipped and maintained.
New playgrounds and recreation areas will be developed by both land developers and the Council
to meet the future recreational needs of the community.
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5.
Trail Development
The development of passive recreation facilities such as walking or nature trails, and associated
interpretation programs may be permitted provided they will not have an adverse impact on the
natural environment and residential properties.
3.2.6
Conservation
The intent of the Conservation designation is to protect areas within the Town which by reason of their
intrinsic character, are sensitive, vulnerable, or ecologically significant, or have natural or recreation
values. They include wetlands, watercourses, bodies of water, shoreline frontages, steep cliffs, as well as,
open natural spaces such as woodlands, green belts, buffers, natural trails, areas of scenic attraction for
public enjoyment, etc.
In addition, it is recognized that bog lands and wetlands are important
components in the ecosystem in terms of controlling the rate and volume of runoff. Rivers and brooks
also form part of the natural drainage system and must be protected from blockage or alteration. Any
unnecessary alterations of these water systems must be avoided.
Policies:
1.
Location
Shorelines and wetlands throughout the Town are designated as Conservation.
2.
Land Uses
The Conservation designation shall protect and conserve environmentally sensitive and important
lands from adverse development. Development associated with conservation shall be permitted.
Passive recreational uses such as walking trails may be permitted, provided that they will have no
adverse effect on the site. Uses that are complimentary to a resource use may also be permitted
at Council's discretion, such as, agriculture, forestry, transportation, cemetery and antenna.
33
3.
Marine Land Uses
The shore of Embree has a history of multiple land uses. These uses shall be allowed to continue
as non-conforming uses as indicated in the Town's Development Regulations.
Foreshore
development shall be limited to recreation uses associated with marine use such as slipways,
wharves, and docks for recreational boating, subject to requirements of the provincial
government agencies such as the Lands Branch or the Water Resources Management Division.
4.
Compatible Uses
Within the designated Conservation areas, recreational open space such as parks, and their
accessory uses may be permitted. Uses that are complementary to a recreational open space use
may also be permitted at the Council's discretion.
5.
Conservation Buffer Waterbodies
Along the shoreline of all water bodies and water ways, a conservation buffer area shall be
established which includes all land within 15 metres of the high-water mark along shoreline.
Proposed developments affecting water bodies or watercourses, such as stream crossings,
watercourse alterations, and other public works, may be permitted in limited circumstances
where it can be demonstrated the proposed use will have a minimal adverse impact. The number
and size of such activities shall be limited in numbers. Any such proposed development shall be
referred for review and approval to the Department of Environment, Climate Change and
Municipalities, and the Department of Fisheries and Oceans, and any other relevant agencies
before Council issues any permits for development.
6.
Preservation of Natural landscape
It is also essential that all the visual amenities and undevelopable areas such as the shoreline,
rivers, brooks, streams, flood plains, steep slopes, and rock outcrops are preserved and retained
in their natural state. This can add to the open space system and complement the rural
development patterns.
Areas of scenic attraction and with recreational potential shall be
preserved and protected.
34
3.2.7
Protected Watershed
The purpose of the protected watershed designation is to preserve the water quality ofTrokes Cove Pond
as the Town's municipal water supply. The boundaries of the designation are intended to take in all lands
which drain into the ponds.
Any development in the Trokes Cove Pond Protected Watershed may affect the quality or quantity of
water and therefore must be protected from negative impacts of development. The following policies will
guide development in the Protected Water Supply Area.
Policies:
1.
Land Use
Land designated Protected Water Supply shall be protected as the source for the Town's drinking
water supply. The only permitted uses shall be conservation, passive outdoor recreation uses and
mineral exploration.
Discretionary uses include: mineral working, agriculture, recreation,
antenna, and forestry harvesting activities including silviculture may be permitted within the
Protected Watershed Area, subject to the approval of the Water Resources Management Division.
2.
Permit Requirements
The Department of Municipal Affairs and Environment has designated Trokes Cove Pond
Watershed area a protected public water supply area under the Water Resources Act. Prior to
the commencement of any development activity inside the protected water supply area, a
proponent shall obtain a permit under Section 39 (6) of the Water Resources Act.
3.
Public Utilities
Public Utilities may be permitted provided that they do not cause any adverse effect on the quality
or quantity of the water available from the water supply catchments area.
35
4.
Mineral Workings
Mineral workings shall be limited to mineral exploration that does not constitute development
within the designated Protected Watershed Area. Any exploration activities must be approved
by the Department of Environment, Climate Change and Municipalities, Water Resources
Management Division and Mineral Lands Division, as well as the Town of Embree.
3.2.8
Rural
The Rural area of the Town of Embree contains natural resources that may have significant economic and
recreational value to the Town. Quarry resources, timber stands and land are the principle resources of
importance in addition to the significant recreational and economic value. The Rural area also provides
an area for recreational activities such as snowmobiling and hunting.
The Rural designation has been placed on those lands that are intended to be used primarily for rural
resource uses. It is intended that the lands so designated shall generally retain their present rural
character with no development permitted within this designation except those associated with
agriculture, forestry, outdoor recreation, resource conservation, cemetery or other uses such as cottage
areas as may be outlined in this Plan.
Uses that that are environmentally or hydrologically sensitive or for other reasons not conducive to
development or active recreational uses will be protected under the Rural designation. Examples are
steep or unstable slopes, drainage areas, bogs and ravines. In these areas, protective rather than
development measures shall take priority.
Activity concerning electric power transmission, other public utilities or road construction and
maintenance, consistent with the objective of retaining the qualities of the rural environment, may also
be permitted.
36
Policies:
1.
Land Uses
The uses permitted in the designated Rural areas include agricultural, forestry, mineral
exploration and development, and conservation uses; cemetery; recreational open space,
provided they do not detract from the rural character of the area;
Other uses that are compatible with permitted uses may also be permitted at the discretion of
Council. These discretionary uses may include; single dwelling in association with a resource use
(subject to conditions), recreational cottage, veterinary, outdoor market, outdoor assembly,
general industrial, mineral working, mineral exploration, recreational open space, cemetery,
animal, utilities, transportation, wind turbine, recreation cottage, and antenna.
2.
Residential Use
Council has no intention of extending municipal services to rural designated lands. Residential
dwellings shall not be permitted, except as an accessory to a permitted resource use.
3.
Agriculture
New development shall not adversely affect existing agricultural uses. Encroachment of non-
compatible use shall not result in the limiting or discontinuance of a permitted agricultural use.
The Council shall give due regard to the impact of new agricultural development or uses on
existing adjacent development and to other development in close proximity to the proposed
agricultural development. Properties must be maintained to protect the visual amenity of the
community and ensure public health and safety.
4.
Mineral Working
Mineral exploration shall be permitted within the Rural land use designation. Mineral workings
include the extraction, exploration, processing or storage of gravel, sand, rock or any other mined
37
material, concrete and asphalt making, rock crushing, quarrying, sand and gravel pits and other
types of mining in general. Council will prohibit all but very small-scale mineral workings and
related activities from taking place within general view of roads and developed areas and will not
allow development of new mineral workings activity at any location in the Municipal Planning
Area where it would create a negative impact on visual amenities. The mineral development shall
be limited visually from highways or local roads or developed areas by buffers of vegetation.
Mineral extraction operations shall be conducted in a manner which will minimize the adverse
effects on water quality, fish and wildlife. All mineral operations will be required to complete a
site rehabilitation plan as a part of the development application. Council will not permit other
development activities within 150 m of existing quarry operations that may jeopardize their
operation or future expansion.
38
4.0.
IMPLEMENTATION
The Municipal Plan will be implemented over the next ten years through decisions of Council and affected
agencies such as the Departments of Environment, Climate Change and Municipalities; Transportation
and Infrastructure; Mineral Lands Division and Service NL. Of particular importance to Council are the
following:
-
effective administration of the Plan;
-
the adoption of annual capital works program;
-
adopting land use zoning, subdivision and advertisement regulations;
-
adopting residential development schemes; and
-
the procedure for considering amendments to the Plan.
4.1
Administration of the Plan
For the purpose of administering the Plan, Council shall read the Future Land Use Map together with the
goals, objectives and policies outlined in this document.
Once Council has determined that a development proposal conforms to the Plan, Council will review the
proposal and circulate it to all affected public departments and agencies. Council's decision on a proposal
will be based on the desire to guide the development of Embree in the best long-term interests of its
residents.
All persons wishing to develop land for any purpose within the Embree Municipal Planning Area shall apply
to Council for permission through the established procedure. Council may approve the application,
approve it with conditions, or refuse it. Any person who is dissatisfied with the decision may appeal to
the appropriate Appeal Board.
Before major land developments are approved, Council may require the developer to sign a development
agreement. The agreement shall set the conditions for development and shall be binding to both parties.
Conditions may also be attached to the development permit.
39
Nothing in this Plan shall affect the continuance of land uses which are lawfully established on the date
that the Plan comes into effect, although their expansion, alteration, or conversion may be limited in order
to achieve the intent of this Plan.
4.2
Development Regulations
Development Regulations ensure that development takes place in accordance with the framework of the
land use policies of the Municipal Plan. The manner in which the Regulations are drafted and the form in
which they appear must comply with the requirements of the Urban and Rural Planning Act, 2000. Like
the Municipal Plan, these Regulations are binding upon the Council and all other persons and
organizations.
They consist of five parts: General Regulations, General Development Standards,
Advertisement, Subdivision of Land, and Land Use Zones.
I. General Regulations
Among other things, the General Regulations govern matters relating to the power and council of a
municipality to regulate development within its Municipal Planning Area and establish conditions relating
to the issuing of permits.
II. General Development Standards
The General Development Standards relate to such matters as the siting of buildings on building lots,
building height, setback from the street, buffers between certain types of development, parking and
access requirements, non-conforming uses and other related matters.
Ill. Advertisement
Advertisement regulations control the size, shape, location, siting, illumination and material construction
of advertisements for the protection of the safety and convenience of the general public and neighbouring
properties and the general aesthetics of the Municipal Planning Area.
40
IV. Subdivision of Land
Subdivision regulations govern the development and division of larger parcels of land into individual
building lots. They include standards for street improvements, lot sizes and lot layouts, procedures for
dedicating land for public purposes and other necessary requirements.
V. Land Uses Zones
Zoning is a means of ensuring that development conforms with the Plan, and that it is properly situated
and does not conflict with or adversely affect neighbouring uses. It can ensure that new growth is
concentrated within or adjacent to developed areas, promoting a compact form to make the most
efficient use of public services and utilities. Land Use Zone tables are presented in Schedule C of the
Development Regulations.
For each land use district, a list of Permitted and Discretionary uses is
presented as well as conditions to which development must conform before it may take place.
4.3
Development Control
Once registered, this Plan is a legal document which is binding upon all persons, groups, or organizations,
including the municipal Council. Before any land development can take place, an application must first
be made to Council. Development may take place only after Council has reviewed the application and
granted approval. Anyone who fails to follow the required application process or who otherwise violates
the Plan or Regulations can be prosecuted and ordered to remove any illegal structure and restore the
site and buildings on it to their original state.
Day-to-day administration of both the Plan and Development Regulations are the responsibility of Council
and its staff. It is their duty to implement the Municipal Plan through the Development Regulations, to
make recommendations to Council regarding compatibility of development proposals with Plan policies,
refer development applications to outside agencies and to issue all required permits when approval is
granted.
An application to develop must be made on the proper application form prescribed by Council. All
applications must show as accurately as possible the location of the proposed development and include
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a plot plan showing the location of existing and proposed buildings and structures on the proposed site.
Council will examine the application and determine whether or not it conforms to the requirements of
the Development Regulations, and the policies of the Municipal Plan. Development applications will be
referred to appropriate government departments or agencies or other organizations. Approval of the
application will be subject to their recommendations. If the proposed development conforms to all
requirements then Council will approve the application and inform the applicant and state any conditions
that may apply. If the proposed development does not conform to the Plan or Regulations, the application
must be refused. Any applicant who is dissatisfied with the decision of Council may appeal to an Appeal
Board. The Appeal Board shall either confirm the decision or determine that Council's decision be varied
or reversed.
4.4
Capital Works
Capital works programs must conform to applicable policies and land use designations of the Municipal
Plan. Capital works projects must not contribute to sprawl since that would conflict with the Plan's goal
of promoting compact development. It should be recognized that extensions to roads/new roads required
for (or as a part of) new development (including residential subdivisions) are the responsibility of
developers and not the municipal or provincial governments. Improvements to local roads should be
undertaken in accordance with the town's financial capability (and in conformity with the Municipal Plan)
on a priority basis. Local roads are generally in good condition. The Town intends to maintain and upgrade
them as necessary and as funding becomes available. The development of additional recreational facilities
may also be carried out on a year-to-year basis subject to the town's financial capabilities.
4.5
Municipal Plan Amendment Procedure
This Plan has been prepared with the intent that no amendment be required during the next five years,
at the end of which another Plan Review will be undertaken. Major changes in economic conditions or in
policy direction, unforeseen at this time, could however occur during the Planning Period.
Should an amendment to need to be considered, it will be given the same evaluation and approval
procedure as this Plan, including a public hearing with a Commissioner appointed by Council. Evaluation
of the proposed amendment will be compiled into a Background Report. The proposed amendment will
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include policy statements, background reports, and/or map changes. Any such amendment shall be read
together and form part of this Plan.
Any requests by an applicant for an amendment(s) to the Municipal Plan or Development Regulations, the
Town shall charge the costs to complete the amendment(s) to the applicant. The authority to charge and
collect the cost for the amendment(s) is granted to the Town under section 27, Urban and Rural Planning
Act, 2000.
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