Fermeuse, Newfoundland and Labrador
· adopted 2019-03-09
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Urban and Rural Planning Act
Resolution to Approve
Town of Fermeuse Municipal Plan
2016
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act
2000, the Town Council ofFermeuse
a) adopted the Fermeuse Municipal Plan 2016 on
the
IP rA.
day of
7Y7 a n:-J,-
, 2017
b) gave notice of the adoption of the Fermeuse Municipal Plan by advertisement inserted on
the
30-1-1.
dayof Au.re
and the /3~ dayof~
,2017inthe
Irish Loop Post.
c) set 2/Jm /4f--1<,,,rr.bvv ~ 1 ~ at the Fermeuse Community Centre, Fermeuse, for the
holding of a public hearing to consider objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town
Council of F ermeuse approves the F ermeuse Municipal Plan 2016 as adopted.
Signed and sealed this
o? I~
dayof ~
Mayor: ~
~ :x:;:::: r
Clerk: ~),, Jffat471
, 2018.
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Urban and Rural Planning Act
Resolution to Adopt
Town of Fermeuse Municipal Plan
2016
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council of Fermeuse adopts the Fermeuse
Municipal Plan 2016.
Adopted by the Town Council of Fermeuse on the & h-.....
day of
{VLq_,f7-,h.
, 2017.
Signed and sealed this / 5-f~ day of ~~
, 201t.
Mayor:
5:2&?-=
Clerk:
"7Y/M.s.4--
~4r1-f.
Canadian Institute of Planners Certification
I certify that the attached Municipal Plan has been prepared in accordance with the requirements of the Urban and Rural Planning
Act 2000. --11w3d1~
M. Bishop, Ff J( 0
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1.0
Introduction......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. 5
Physical and Environment Context .................... 9
I
1. 1
1.2
The Purpose of a Municipal Plan ...................... 1
The Planning Area ....................................... 2
2.6
Infrastructure ........................................... 10
3.0
Vision ft Planning Goals ................................. 12
I
1.3
1.4
The Planning Process .................................... 2
Effect and Implementation ............................. 3
3. 1
Community Vision ...................................... 12
3.2
Community Wide Goals ................................ 12
I
1.5
1. 6
Reviewing and Amending the Plan ..................... 3
Organization ............................................. 4
4.0
Community Wide Policies ............................... 14
5.0
Managing Land Use .................................. .... 17
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1.7
2.0
Interpretation ........................................... 4
Planning Context .......................................... 5
5. 1
Mixed Development .................................... 18
5. 2
Marine Industrial ....................................... 22
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2. 1
2.2
Spatial Context .......................................... 5
Historical Context ....................................... 5
5.3
Conservation ............................................ 24
5.4
Rural ..................................................... 25
2.3
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2.4
Social Context ........................................... 6
Economic Context ....................................... 7
5. 5
Protected Water Supply ............................... 27
6.0
Services Et Infrastructure ............................... 29
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6. 1
Transportation .......................................... 29
6. 2
Water and Wastewater ................................ 29
7.0
lmplementation ........................................... 31
7. 1
Administration of the Municipal Plan ................ 31
7. 2
Development Regulations ............................. 32
7.3
Public Consultation .................................... 33
iv
7.4
Amending and Reviewing the Municipal Plan ....... 33
7. 5
Municipal Land Assembly .............................. 33
7. 6
Professional Advice .................................... 34
7. 7
Municipal Budget and Capital Works Program ...... 34
Appendices ....................................................... 35
Appendix A Future Land Use Map ........................... 35
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The Fermeuse Municipal Plan is the Town's main policy
document that will be used to guide future decision-
making regarding land use and development within the
Town.
This introductory section describes the purpose of
municipal planning and the process to prepare a Municipal
Plan for Fermeuse.
1.1 The Purpose of a Municipal Plan
The Municipal Plan sets out policies for the management
of growth and development in the community, including
policies to protect the character and built form of
Fermeuse, promote the health and safety of residents,
support the local economy, and protect the environment
through the efficient utilization of land, water and other
resources. The Municipal Plan sets the vision, goals, and
objectives for community development and includes
written policies and the Future Land Use Map. The
Development Regulations implement Plan policies through
specific requirements that ensure land is controlled and
managed in accordance with the Plan.
1. 2
Fermeuse Municipal Plan / :
The Municipal Plan and Development Regulations will
guide future sustainable growth and development over a
ten-year period - to 2025.
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The policies of the Municipal Plan apply to all lands
within the Municipal Planning Area for the Town as shown
in the following figure.
1.3 The Planning Process
The process to prepare a Municipal Plan
takes place in several steps as shown in the
figure right. The first step involves
researching relevant planning issues,
including a review of current land use,
demographic and economic data. The
research also involves assessing other Town
initiatives, reports and studies and, where
appropriate, incorporating them into the
Plan.
The second step involves consulting with
the public. On April 23rd , 2015, a
consultation meeting was held at the
Community Centre on Port Kirwan Road. A
number of residents attended and were
given the opportunity to provide input
which was considered in drafting Plan
policies. Input from various government
departments and agencies was also sought
and incorporated into the planning
documents.
Next, draft versions of the Municipal Plan
and Development Regulations are written
based on the information provided during
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Research &
Analysis
(7
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Stakeholder &
Public Consultation
(7
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Draft Plan &
Mapping
(7
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Plan
Review
(7
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Municipal Plan
Approved
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the research and public consultation. The Draft Plan is
submitted to the Minister of Municipal Affairs for review
to ensure that the Plan conforms to provincial policy and
law. Following the completion of the provincial review,
Council may, by resolution, formally adopt the Plan in
accordance with Section 16 (1) of the Urban and Rural
Planning Act (2000). Council then gives notice of a public
hearing on the Municipal Plan. At the public hearing, a
Commissioner, appointed by the Council, will hear
objections and representations, and then write a report
to Council with recommendations on any changes to the
Plan.
After the Commissioner's report has been submitted,
Council considers the recommendations and may approve
the Plan, or approve it with changes recommended by the
Commissioner. Council will then submit the Municipal
Plan and Development Regulations to the Minister of
Municipal Affairs to be registered in a planning registry
established in the Department. The Plan comes into
effect on the date notice of its registration is published in
the Newfoundland and Labrador Gazette (Section 24(3) ).
1.4 Effect and Implementation
When the Municipal Plan and Development Regulations
come into effect, they are binding upon Council and upon
all other persons, corporations, and organizations. The
Municipal Plan and Development Regulations may be
amended at any time to include new land uses and
specific regulations.
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The boundaries between the different land uses
designated 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 of land use.
Day-to-day administration of the Municipal Plan and
Development Regulations will be conducted by staff
members authorized by Council, who will issue permits
for developments approved by Council. Staff will also
make recommendations to Council on matters pertaining
to development in accordance with the Municipal Plan
and enforce the regulations. Details about the
Implementation of the Plan can be found in Section 7:
Implementation.
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.s Reviewing and Amending the Plan
Under the Urban and Rural Planning Act, Council must
review the Plan every five years from the date on which
it comes into effect, and if necessary, revise it to reflect
changes in the community that can be foreseen during the
next ten year period. The Plan may be amended as
necessary prior to the five-year review in response to new
development proposals, changed policies, or community
priorities. Such amendments must follow the process
outlined in Sections 14 to 24 of the Urban and Rural
Planning Act (2000).
Fermeuse Municipal Plan /
1.6 Organization
This Municipal Plan consists of the Plan document and the
Future Land Use Map which is included in Appendix A.
Section 2 presents background information about the
Town and sets the context for the vision, goals and
objectives of the Plan contained in Section 3. Section 4
sets out land use policies that apply throughout the
community, followed by policies that apply to specific
areas of the Town as identified on the Future Land Use
Map. Section 6 presents policies for services and
infrastructure and the final section deals with how the
Plan will be implemented.
1. 7 Interpretation
Throughout this document, several terms are used on a
regular basis and shall be interpreted as follows;
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Council shall mean the Council of the Town of
Fermeuse;
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Development Regulations shall mean the Fermeuse
Development Regulations;
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Planning Area shall mean the Fermeuse Municipal
Planning Area; and
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The Plan shall mean the Fermeuse Municipal Plan.
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Planning for the future of Fermeuse requires
consideration of the assets, opportunities and challenges
of the Town, as well as the forces that will influence the
region in the future. This section of the Plan briefly
outlines the context for planning in Fermeuse.
2. 1 Spatial Context
Fermeuse is located on the eastern portion of the Avalon
Peninsula, about a 90-kilometer drive south of St. John's
via the Southern Shore Highway (Route 10) on The Irish
Loop. Although the Town is over 4,000 hectares in area,
only a small portion of the Town has been developed.
2. 2 Historical Context
The deep, sheltered harbour was used during the
migratory fishery with settlement occurring sometime
around 1519 by Portuguese fishermen who named the
area "Formosa", which some believe to mean "beauty".
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Historical Photos
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Photos: Robert H. Tait
By 16 77, the area had one of the
largest populations on the Southern
Shore.
Throughout the 1700s, the majority
of Fermeuse's population consisted
of English and Irish fishing servants
and a growing population of year-
round inhabitants. The fishery, as
the economic mainstay of Southern
Shore settlements, continued to
draw in new residents, which in
turn created need for schools and
churches.
The Town was incorporated in
1967.
A fish plant, built around 1950, established a solid
economic base for the community, employing as many as
350 people during its peak in the late 1970s. This
continued into the 1980s, but with the collapse of the
Atlantic northwest cod fishery in 1992, employment at
the plant fell and people began to move elsewhere for
jobs.
Today, the fishery continues to support the local
economy. The deep harbour, close to the fishing grounds
of the Grand Banks, is home port for an offshore fishing
fleet, serviced by a Marine Service Centre. A wind energy
turbine power project has also created new employment
in the town. A robust provincial and regional economy
over the past decade resulted in increased employment
opportunities in the Southern Shore Region and elsewhere
on the Avalon Peninsula. This seems to have helped
stabilize the population in Fermeuse, which increased by
14% since 2006.
Today, the deep, sheltered harbour of Fermeuse is once
again the focus of economic opportunity. The same
features that made it an attractive base of operations for
the fishery, are well suited to supporting the offshore oil
and gas industry. A 15-hecatre supply base is proposed for
development in multiple phases in Lumley Cove. The
development brings potential for new jobs and demand
for land for commercial and industrial uses to support the
supply base and residential land for future increases in
population.
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2.3 Social Context
Population
In 2011, Fermeuse had a population of 323, which has
been declining consistently for three decades. In 1976, at
the height of the fishery, the Town had a population of
531. Since then, population has declined about 40%,
despite a slight increase between 2006 and 2011. The
current population is largely middle aged and older
persons, with a median age of 50.
Imminent challenges for the Town will be ensuring that
there are adequate services and infrastructure for the
aging population, and finding ways to increase economic
development as a means of retaining population and
attracting new families to the town.
700
600
c: 500
0
'..:. 400
.!!! a 300
0
o.. 200 ·
100 ·
0
Population of F ermeuse
by Census Period, 1976 - 2011
1976 1981
1986 1991
1996 2001
2006 2011
Year
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Fermeuse Municipal Plan /
The proposed supply base represents an opportunity for
new, direct and indirect jobs and business creation which
in turn could attract new residents. The challenge for the
Town is to maximize the opportunities that this
development could bring to the Town by allocating
sufficient land for commercial and industrial
development, as well, ensuring an adequate supply of
residential land for future increases in population.
Population Pyramid
% of population by age group and gender, 2011
a.
80-84
70-74
60-64
s 50-54
'-
c,
~ 40-44
<C
30-34
20-24
10-14
0-4
15%
- Female - Male
10%
5%
0%
5%
10%
Percent of Population
15%
2.4 Economic Context
Employment and Labour
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Traditionally, the livelihood off amilies in Fermeuse came
from the fishery. Most families were connected either
directly or indirectly with the fishery as fishers, plant
workers, sellers, transporters, or as employees in related
businesses. Since the 1992 moratorium, there has been
limited and declining activity in the fishing industry.
Labour Force Participation by Industry and
Gender
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2006
Processing and manufacturing -
Primary industry
Construction
Sales and service
Business, finance and
administration
0
10
20
30
40
50
Number of Participants
Females - Males
At the time of writing the Municipal Plan, data related to
levels of unemployment in the Town was not available
due to a low response rate in the 2011 Census; hence, the
most recent data available (2006) was used. At that time,
one third of the population were employed in primary
industry, all of whom were male. The construction
industry, which employed 22% of the population in 2006,
was also male dominated. Females worked mostly in the
sales and services, and office industry. Both males and
females were employed in the processing industry.
Between 1986 and 2006, unemployment in the Town
fluctuated, to in excess of 50% in 1991- a likely
consequence of the collapse of the cod stock and the
effects it had on the provincial economy. Between 1991
and 1996 the unemployment rate decreased but by 2006,
had risen to about 37%.
Unemployment Rate in Fermeuse
1986-2006
60
+6%
ClJ 50
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2%
~ 40
0%
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0
1986
1991
1996
2001
2006
Year
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While there is no data to show unemployment levels over
the past decade, anecdotal information suggests that
many workers from the community have either moved to,
or commute to jobs in larger urban centres and in the oil
and gas and mining industries. Nevertheless, residents
have indicated a need for local economic development to
create jobs and retain and attract families.
In traditional fishing communities such as Fermeuse,
walking to work at the fish plant and to the wharf was
part of the way of life. Data from 2006 show that just
over one fifth of workers in Fermeuse walked to their
place of work. Having homes close to places where people
work, and providing opportunities for walking there will
contribute to greater community health and well-being.
Transportation to Work
2006
12%
111 Vehicle
23%
Walked
Other
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Fermeuse Municipal Plan /
Tourism
As a one of many communities that form the scenic and
historic Irish Loop, the Town of Fermeuse has a challenge
enticing visitors off Highway 10 to visit the community.
There are several tourist attractions in the community,
including the East Coast Trail, access to whale and bird
watching, fishing, and hunting.
The East Coast Trail is a regional tourism asset that has
been shown to have significant economic impacts to the
regional and provincial economy. A portion of the trail
(Spurwink Island and Bear Cove Point Paths) pass through
Fermeuse, with trail heads at Port Kirwan and Kingman's
Cove, following public rights of ways and traditional
footpaths along the coastline. To protect the integrity of
this trail, communities are working with the East Coast
Trail Association to manage land use and identify
appropriate separation buffers between new development
and the trail.
2.s Physical and Environment Context
Landform and Geology
Fermeuse features a deep water harbour surrounded by
hills. Development has primarily occurred in the low-lying
areas surrounding the south side of the Harbour, creating
a picturesque landscape with views of the community,
treed hillsides, and the harbour.
The built-up area of the Town is underlain by a surficial
geology consisting of sand and gravel within channels and
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areas of bedrock concealed by vegetation. Development
along the coastline has occurred on relatively flat areas
(0-14% grade) while the remaining, undeveloped part of
the coastline is associated with very steep slopes (greater
than 20% grade). Away from the coast, at the
southwestern corner of the community elevations reach
close to 275m above sea level.
Several river systems run through the community. The
largest river runs from Riverhead Pond and Martins Pond
in the northern portion of the Town, emptying into the
head of Fermeuse Harbour.
Climate Change
While the earth's climate changes naturally over time,
human acitivty is contributing to and accelerating climate
change. The impacts of include rising sea levels, more
frequent and intense storm events that can result in
flooding and erosion, particularly in low lying coastal
areas.
Sea level rise and potential coastal erosion pose
significant risks to Fermesue as development is
concentrated in the low lying coastal area at the head of
the harbour. Furthermore, roads and other infrastructure
are also located in this area. Anticipating the impacts of
climate change means keeping development out of
floodplains and shorelines that are vulnerable to erosion.
It also means that structures such as wharves and other
marine infrastructure that need to be built along the
coastline are designed and built to anticipate and
withstand the impacts caused by changing climatic
conditions.
Planning in the context of climate change requires that
the Town be proactive in planning for future
development, infrastructure, and vital community
services, particularly along the vulnerable coastline.
Built Environment
The Southern Shore Highway (Highway 10) runs through
the community, connecting it to the neighbouring towns
of Aqua forte to the north and Renews to the south. Along
this highway, the Town Hall and a few commercial uses
are located. The Town's Community Centre is located at
the head of the harbour on Port Kirwan Road.
Development in the Town branches off at the section of
Highway 10 along two main roads that meet at the upper
end of Fermeuse Harbour; Port Kirwan Road on the north
side and Lumley Cove Road on the south side. On the
north side, residential development follows about 1 km
down the road until steep slopes begin to limit
development potential. Fermeuse Marine Ltd. (the marine
service centre) is located along this main road on the
north side of the Harbour.
The more developed area of the Town is on the southern
side of the Harbour along Lumley Cove Road. A
seasonally-operated restaurant and a gas station are
found at the intersection of Lumley Cove Road and
Highway 10. Residential development continues along
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Lumley Cove Road with several small side streets,
including a residential subdivision (Ocean View Drive)
developed in the 1980's by Newfoundland and Labrador
Housing Corporation. Lumley Cove road turns into a gravel
road which connects to Kingman's Cove Road to the south
and leads to Kingman 's Cove to the east.
An offshore supply base development is proposed at the
section of land to the southwest of Lumley Cove, and
includes the site of the former fish plant.
Rural Land Use
Much of the land base of the community consists of
undeveloped rural lands, used for rural uses such as
hunting, fishing, hiking, collection of firewood. A gravel
pit along the Southern Shore highway provides a local
source of gravel material.
The Bear Pond watershed is protected as the source for
drinking water for the community.
2.6 Infrastructure
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Roads, Water and Sewage
The Town continues to invest in water and sewer
servicing through a program of municipal capital works.
This has included extensions and upgrades to the water
supply system, which is derived from Bear Cove Pond and
supplied by gravity feed. A community well serves several
homes on the Port Kirwan Road.
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Fermeuse Municipal Plan /
The Town also continues to invest in sewer servicing and
road upgrading within the community through an annual
capital works program which has included upgrades to
Ocean View Drive and Curran's Road in 2012. Stormwater
in the Town is handled through open roadside ditches.
Municipal Wastewater
Like most other coastal communities in the province,
wastewater is discharged untreated into the ocean. The
Town's main sewage outfall is located on the Sheep's
Head peninsula where it is discharged into Lumley Cove.
As federal requirements for ocean discharge of
wastewater into marine receiving waters are made more
stringent, the Town will have to consider alternative
means of treating and disposing of wastewater.
Solid Waste
Municipal solid waste from Fermeuse is transported to the
Regional Integrated Waste Facility located at Robin Hood
Bay in the east end of St. John's.
Emergency Response Services
Fermeuse shares emergency response services with
neighbouring towns. The Fermesue-Port Kirwan Volunteer
Fire Department is located in Fermeuse on Highway 10
and is staffed by twelve volunteer fire fighters.
Education
School age children from Fermeuse travel by bus to the K-
12 Baltimore School Complex in Ferryland to attend
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school. The school has a total enrollment of about 250
students from several communities along the Southern
Shore.
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This Plan provides the essential policies that will guide
future development in Fermeuse to lead increased
prosperity and a more sustainable future. A community
vision and several key goals have been created to inform
the Plan policies for the next ten years. These goals are
key to managing the way the Town grows and develops.
3.1 Community Vision
The future vision for Fermeuse is that of a resilient,
adaptable community, where local employment, housing,
natural and scenic environment continues our strong
sense of community that attracts new families and
opportunities for business investment.
3.2 Community Wide Goals
To achieve this vision, the Town will pursue the following
community-wide goals:
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Growth Management and Community Structure
To manage growth to ensure orderly development,
efficient use and provision of municipal services,
compatibility between land use and protection of the
Town's natural features in a manner that is sustainable
and in keeping with the financial resources of the
community.
Economic Long-Term Sustainability
To foster a resilient economy that creates and attracts
employment in marine industries, tourism, and other
sectors by working with community partners, local
business operators, the public, and neighbouring
communities. Ensuring that land is available for
commerce and industry is key to the Town's long-term
sustainability.
Environmental Protection and Stewardship
To enhance, protect, and conserve our natural
environment including our land, coastal and freshwater
resources, the ecology of our streams, forests, and
wetland areas, and of our natural energy resources for
the benefit of future generations.
Community Health and Well-Being
To enhance the physical and social well-being of residents
by insisting on high standards for development so that the
Town remains a pleasant place in which to live, work, and
visit.
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Within the Municipal Planning Area, there are a number
of objectives and policies which will apply generally to all
types of development regardless of the location. The
following objectives and policies apply throughout the
Planning Area:
Objectives
1. Ensure that development occurs in an efficient, safe,
and environmentally responsible manner.
2. Provide opportunities for home-based businesses and
for the continuation of existing uses.
Community Wide Policies
Policy CW-1 Development in Hazardous Areas
It shall be a policy of Council to generally restrict
development in areas that are not suitable for
development, such as areas of steep slopes, unstable soils
14
or rock outcrops, and along shoreline areas and streams
susceptible to erosion or flooding. Council will require
residential development to be set back from the
coastline, and from streams and wetlands to reduce the
risk of damage due to erosion, storm surges, and flooding.
Council may require detailed engineering studies to
evaluate the suitability of land for development in areas
that are vulnerable to natural hazards, where significant
backfilling is proposed, or where there may be potential
for flooding, erosion or other hazard to occur.
Policy CW-2 Servicing
New development shall not create unreasonable servicing
demands or costs to the Town. New development shall be
required to connect to existing municipal services where
available. Where municipal services are not available,
Council may permit development with onsite wells and
septic systems subject to the approval of the Government
Service Centre (Service NL).
Policy CW-3 Public Utilities
The location and placement of utilities, including
telecommunications structures may be permitted
throughout the Planning Area. Council may require
appropriate screening and buffering or other measures to
minimize visual and environmental impacts in the
community.
Policy CW-4 Road Frontage and Access
Development shall have proper access and standard
frontage onto a public road, the standards for which are
set out in the Development Regulations. Where new roads
are proposed, they must be designed and constructed to
Council standards at the developer's expense. Ownership
of new streets and service infrastructure will be required
to be transferred, at no cost to the Municipality upon
satisfactory completion.
Policy CW-5 Street Right of Ways
All development, including but not limited to buildings,
fences, sheds, and parking lots, shall be set back from
the right of way of a road far enough to provide an
adequate level of public safety and space for snow
clearing and street maintenance.
Policy CW-6 Development Agreements
The Town may require agreements for new developments
involving residential, commercial, industrial or resource
use, and for the subdivision of land. Such an agreement
will be negotiated between the developer and the Town,
and include conditions for development and for financing
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of any services provided to the site which shall be
constructed to municipal standards and consistent with
the policies of this Plan and the Development
Regulations.
Policy CW-7 Home Occupations
It is Council's intent to foster growth of small businesses
as home occupations in a manner compatible with
surrounding land uses. Businesses in the form of home
occupations may be considered in any residential dwelling
in any land use designation. Business uses that consist
only of an office in a dwelling will be a permitted use.
Businesses operating as home occupations shall not be
highly visible, generate traffic, noise, odours or create
potential hazards, by virtue of the nature of the business,
to surrounding properties.
Policy CW-8 Signage
All signs within the Planning Area shall be developed in
accordance with the standards set out in the
Development Regulations.
Policy CW-9 Community Trails
Proposals for new development in Fermeuse shall identify
and provide for the continuation of traditional footpaths,
right of ways, and trail networks in the community. In
considering applications for development, or the use of a
public right of way for access to private property, Council
will ensure that pedestrian pathways remain open and
accessible as a condition of approval. New development
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may be required to provide a separation buffer between a
proposed development and existing trail or pathway.
Policy CW-10
Lands for Conservation
The use of land for conservation and passive recreation
are permitted in all land use designations.
Policy CW-11
Public Access to Shorelines
The shoreline of Fermeuse Harbour is a valued community
asset. Maintaining an open and accessible shoreline shall
be a priority of the Town. When considering proposals for
development adjacent to the coastline, Council may
require existing public accesses to be retained or
relocated. Developments that enhance public access and
recreational usage of shoreline areas are encouraged.
Policy CW-12
Waterways, Waterbodies and Wetlands
The Town recognizes the natural and recreational value
of rivers, streams, wetlands, and ponds. It shall be a
policy of Council to protect the quality of local streams,
rivers and wetlands by ensuring that all necessary Federal
and Provincial approvals for development, including
appropriate building setback requirements, have been
obtained prior to issuing approvals or permits for
development near these sensitive areas.
Policy CW-13
Groundwater Protection
Where development is proposed that will rely on private
wells and septic systems, it shall be a policy of Council to
require an assessment of groundwater quantity and
quality in accordance with the Provincial Department of
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Environment and Conservation Groundwater Supply
Assessment and Reporting Guidelines for Subdivisions
Serviced by Individual Private Wells.
Policy CW-14
Planning for Climate Change
It shall be the intention of Council to seek information
and professional advice about the effects of climate
change in the community and identify measures to adapt
infrastructure in vulnerable areas.
Policy CW-15
Protection of Archaeological Resources
Council shall consult with the Provincial Archaeology
Office, Historic Resources Division, Department of
Tourism, Culture and Recreation, before undertaking
municipal works or considering the applications for
development that is proposed to occur on undeveloped
land within the community where historic resources may
be present.
Policy CW-16
Non-Conforming Uses
In accordance with Section 108 of the Urban and Rural
Planning Act, 2000, Council shall recognize that any
development or land use that legally exists on the day
this Plan comes into effect, may continue. Where a
building or use exists which does not comply with the
intent of this Plan, it shall not be substantially expanded.
Minor extensions may be approved, and a change from
one non-conforming use to a more acceptable use may be
permitted. Specific provisions concerning legal non-
conforming uses shall be set out in the Development
Regulations.
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The Municipal Plan identifies and designates lands within
the Planning Area into land use designations which are
shown on the Future Land Use Maps 1 and 2 included in
Appendix A.
Land use will be managed in accordance with the general
land use policies set out in Section 4 of this Plan and
policies for each of the land use designations listed
below.
Land Use Designations
Mixed Development
Marine Industrial
Conservation
Protected Water Supply
Rural
Maps and graphics included in this section are for
illustration only.
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Fermeuse Municipal Plan /
5.1 Mixed Development
Throughout the community, land use is primarily
residential, with a few commercial premises located
along the Southern Shore highway. The Mixed
Development land use designation is applied generally to
the built-up areas along the Southern Shore Highway, Port
Kirwan Road, Lumley Cove Road, and Kingsman Cove
Road. The Mixed Development designation is applied to
existing residential areas as well as areas identified for
future development by extension of Ocean View Drive.
Objectives
1.
To encourage infill development along existing public roads
and built-up areas.
2. To continue the pattern of mixed land use along the main
highway corridor.
3. To provide areas where highway-dependent commercial uses
can locate in the Town.
4. To encourage and facilitate new residential development in
the area off Ocean View Drive.
Mixed Development Policies
Policy MD-1 Permitted and Discretionary Uses
In the areas designated for Mixed Development on the
Future Land Use Map, residential uses including a variety
of forms of housing will be permitted along existing
public streets and in a new subdivision area that will
extend Ocean View Drive. Bed and Breakfast
accommodations and childcare will also be permitted.
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A variety of commercial, industrial, public and assembly
types of uses such as stores, service stations, banks,
medical, professional and personal service offices,
commercial residential, schools, churches, cemeteries,
parks and trails, arenas, civic, government buildings, may
also be permitted in the Mixed Use land use designation.
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In marine areas around the harbour, marine uses will be
permitted. Industrial uses associated with development of
a proposed marine supply base, may also be permitted
within the Mixed Development designation.
Residential Development
Policy MD-2 Subdivision of Land
Residential subdivision development will only be
considered for approval as part of a development
agreement with a layout approved by Council. Proposed
subdivisions will be subjected to evaluation for
conformity with the goals, objectives and policies of this
Municipal Plan and the requirements set out in the
Development Regulations.
The developer shall be responsible for the cost of
development, including all road, water and sewer
extensions in accordance with Policy CW-6. Preparation
of land for subdivision development will be carried out in
a way that respects the environment and provides for
proper site drainage, avoids erosion, and does not
contribute to pollution on or off site.
Policy MD-3 Ocean View Drive Extension
It is Council's intention to plan for future development of
the Ocean View Drive subdivision where there is demand
for additional residential building lots.
Development shall generally be in accordance with a
concept plan and street layout prepared for the site
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shown on page 20, and subject to the following
conditions:
1) Notwithstanding Policy MD-1, non-residential uses
in this area will be limited to home-based
businesses and daycares.
2) The land shall be developed in phases in
accordance with the concept development plan,
beginning at the end of Ocean View Drive, and
progressing in adjacent phases towards Kingman's
Cove Road and eventually connecting back to
Lumley Cove Road;
3) No new phase of development shall commence
until the previous phase is substantially built up;
4) Each phase of development shall be subject to a
subdivision development agreement between the
Town and the developer;
5) Historic public access to streams and ponds and
trails is to be maintained, although in order to
accommodate the residential development, certain
paths and trails may be altered and/or
incorporated into the recreational trail network of
the development - these are to be identified on
the approved subdivision plan;
6) Waterways and wetlands are to be identified and
shall be separated from development by an
undisturbed buffer of natural vegetation of at least
15 metres.
Fermeuse Municipal Plan / Land Use Policies
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1 Residential Development
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Pat1( / Open Space
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20m Buffer from
Proposed Industrial
Uses to Existing
Residential Uses
Ocean View Drive Extension Concept Plan and Street Layout
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20m to Buffer
Proposed
Supply Base Access
and Industry
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Policy MD-4 Back Lot Development
Notwithstanding Policy CW-4, lots that have access to,
but insufficient frontage on a public street may be
considered for development. Typically referred to as
"back lots" or "flag lots", they may be considered on a
limited basis in areas designated for Mixed Development
where:
1) There is sufficient land for a lot to be developed, but
topography or other constraints preclude development
of adjoining lands on a more comprehensive basis;
2) The lot will be serviced by municipal piped water;
3) The lot will have adequate access to an existing public
street;
4) There is no objection from abutting property owners
who may be affected by the proposed development;
and
5) The development would not prevent future
development of adjoining undeveloped lands.
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Non-Residential Uses
Policy MD-5 Compatibility with Adjoining Uses
It is Council's intention to encourage non-residential
development along the Southern Shore highway, and
along streets around the harbour. Where there are
adjoining residential uses that may be affected by a non-
residential use, Council may, when considering
applications for development, require a buffer between
the development and adjoining residential uses in the
form of a fence, a separation distance, or other means.
Adequate off street parking and loading space must be
provided and pedestrian and vehicular access well-
designed to ensure safety and efficient flow of traffic.
Council shall ensure that all areas for outdoor storage
associated with commercial and industrial uses, including
the storage of waste, is appropriately located in rear or
side yards, with appropriate screening and containment.
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5.2 Marine Industrial
Land around Lumley Cove to Sheep's Head that are
proposed for development of a marine supply base are
designated Industrial Marine. The designation is also
applied to the area of the public wharf and the Marine
Service Centre. Lands along Lumley Cove Road near the
fish plant and along a proposed road off the Southern
Shore Highway that will provide access to the supply base
are also included. These areas are intended to be used
for commercial and industrial uses that service the supply
base and other marine industries in the harbour.
Objectives
1. To ensure sufficient land is available around the harbour to
continue to support activities associated with the fishing
industry.
2.
To develop the Harbour in a manner that encourages and
supports economic development.
Marine Industrial Policies
Policy Ml-1
Permitted and Discretionary Uses
It is Council's intention to support development of a
marine supply base that is proposed around Lumley's
Cove, and permit uses that are normally part of such
developments. These would include the provision of port
and marine related services, the carriage of goods and
passengers, the fabrication, repair and servicing of
vessels and equipment for land-based and marine-based
industry. Other uses that include docking, warehousing,
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storage, processing and offloading facilities for large
ships will be permitted in this area. Uses that include the
processing and/or storage of hazardous materials may be
permitted in this area only.
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Lands outside the proposed Marine Supply Base along
Lumleys Cove Road, and along the access road to the
proposed supply base are meant to accommodate
Industrial and commercial activities that could service
and support supply base operations.
Policy Ml-2
Marine Supply Base Development
The design and development of an Offshore Supply Base
at Lumleys Cove shall take into account the comfort and
security of residents during development and operation.
In reviewing an application to develop the supply base,
Council will ensure that roads, lighting, and
infrastructure are designed and constructed to minimize
any negative impacts on the community during
construction and operation. Council will ensure that the
development is carried out in accordance with all federal
and provincial permits and approvals.
A development agreement between the Town and the
developer will be required that addresses any issues
associated with servicing the site, construction of roads,
provision of emergency services and any other matters of
concern to Council arising from the development
proposal.
Council may require separation buffers between the
development and surrounding residential areas.
Policy Ml-3
Industrial Park Development
Lands along the proposed access road to the marine
supply base are designated Marine Industrial to encourage
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commercial and industrial uses that support activities at
the supply base. No development may occur in this area
until an access road, constructed to standards acceptable
to Council is in place. A treed buffer between uses in this
area and the future subdivision extension to Ocean View
Drive will be required as well as pathways that will
provide pedestrian access to the Ocean View Drive
subdivision in accordance with the concept plan prepared
for this area.
Non-Industrial Uses
Policy Ml-4
Residential Uses
Within the area designated for Marine Industry, there are
existing residential properties which may continue. New
residential uses shall not generally be considered in this
land use designation. However, Council may approve
residential uses where it can be shown that such uses will
not create potential for conflicts with marine industrial
uses. Where permitted, residential development shall be
in accordance with Policies MD-1 and MD-2 and other
applicable policies of this Plan.
Policy Ml-5
Planning for Sea Level Rise
Construction of wharves and other docking facilities in
the Industrial Marine designation, will be designed to take
into account and withstand predicted sea level rise and
resulting susceptibility of the coastline area to storm
surges and other climate-induced changes.
Fermeuse Municipal Plan /
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5.3 Conservation
The Conservation designation is applied to areas where
development should not be permitted as a means of
protecting environmentally sensitive areas such as
watercourses and wetlands.
Along the watercourses, waterbodies, and wetlands, the
Conservation designation is applied to lands within 15
meters of the feature's edge.
Objectives
1. To identify and protect areas that are environmentally
sensitive, or represent important natural features of
importance to the community.
Conservation Policies
Policy C-1
Land Use
The intent of the Conservation designation is to protect
and conserve environmentally sensitive and important
lands in the community. In these area non-building uses,
such as recreational trails and associated infrastructure
such as trail signage may be permitted.
It is recognized that there are existing structures in areas
that are identified for conservation. Such structures, may
be permitted to expand or change provided that the
change or expansion can be done safely and in a manner
that is not detrimental to the adjacent watercourse or
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wetland, and subject to approval by the appropriate
federal and/ or provincial environmental authority.
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5.4 Rural
The Rural designation includes areas outside the built-up
area of the community and those lands identified for
future development. Rural lands are set aside for rural
resource uses such as agriculture, forestry and mineral
working uses. Rural lands, where undisturbed, also
provide wildlife habitat and opportunities for passive
recreation activities.
Objectives
1. To permit existing natural resource lands and associated uses
to continue, and to preserve land for future development
within the Town.
2. To allocate lands for resource development in a manner that
is sustainable, ensuring their use by future generations.
3.
To ensure that natural resource uses occur in a manner that
is environmentally acceptable and does not conflict with the
visual aesthetic of the community.
4.
To address the visual impact of pits and quarries by requiring
their rehabilitation once the aggregate material has been
removed.
Rural Designation Policies
Policy R-1
Permitted and Discretionary Uses
Lands designated Rural are reserved for rural and
resource based uses, such as wind energy, forestry,
agriculture, mineral exploration and extraction. Within
the Rural Land use designation recreational uses such as
hiking trails and parks will also be permitted. Other uses,
such as cemeteries, general industry, mineral workings
and assembly uses may be permitted.
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Policy R-2
Mineral Workings and Mineral Exploration
It shall be the policy of Council to allow continuation of
mineral workings at Ghannies Pit and work with the
Mineral Lands Division, Department of Natural Resources
to ensure that pits are rehabilitated as material is
removed.
As aggregate material is removed and pits rehabilitated,
consideration may be given for use of this area for
general industrial uses. Such uses will be required to
front on a street that is constructed to Town standards
prior to any development taking place.
Council may require a separation buffer between a
proposed gravel pit or quarry, or any commercial or
industrial development permitted in the Rural Land use
designation to minimize land use conflict and reduce the
visual impact of such uses from the Southern Shore
Highway.
Policy R-3
Seasonal Dwellings
Small seasonal residences, wharves and stages may be
developed on lands along the coastline beyond the last
homes in Kingman's Cove, where access can be provided
by boat, or, notwithstanding Policy CW-4, by a privately
maintained access, constructed and approved by Council.
Fermeuse Municipal Plan /
Policy R-4
Conversion of Rural Lands for Residential
Development
Rural lands may be considered for Residential
development subject to the following conditions:
1.
The area proposed for development is adjacent to,
and a logical extension of, the existing pattern of
development in the community;
2.
The area is rezoned to an appropriate Land Use
Zone to accommodate the proposed development.
3.
The development fronts onto a publicly maintained
street designed and constructed to standards set by
Council and in accordance with the Town's
subdivision regulations.
4.
Where development is proposed that fronts onto an
existing public right of way that is not part of the
Town's publicly maintained street network, but
connects to it, the right of way shall be upgraded
to a street standard set by Council, and no building
permits shall be issued until such time as the street
work is completed to Council's satisfaction.
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5.5 Protected Water Supply
The Town of Fermeuse obtains its water supply from Bear
Cove Pond, which is designated a Protected Water Supply
Area under the Department of Environment Act. This
important designation protects the water supply and its
surrounding watershed. Martin's Pond Watershed has also
been identified by the Town as a potential future water
supply area which is also included in this land use
designation. An area around the wellhead of a community
well on Port Kirwan Road is also included in this land use
designation.
Objectives
1.
To ensure that Fermeuse has an adequate supply of safe,
high 51uality potable water.
2.
To ensure the quality of water in the community well is
protected by managing land use around the well.
3.
To identify and protect future water supply areas.
Protected Water Supply Policies
Policy W-1
Permitted and Discretionary Uses
Within the Protected Water Supply land use designation,
only uses that are directly related to the functioning of
the water supply system will be permitted. Within the
Bear Cove Pond Watershed, natural resource uses or
passive recreation may only be permitted with the
approval of the Department of Environment and
Conservation Water Resources Management Division.
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Policy W-2
Martin's Pond Watershed
Over the planning period, it is Council's intention to
review the adequacy of the Bear Cove Pond water supply
to service the future population of the community and to
determine the feasibility of using Martins Pond as a
source of potable water. Until that time, it is Council's
intention to limit land use in the watershed of Martin's
Pond.
Policy W-3
Well Protection - Port Kirwan Road
The Conservation designation is applied to an area around
the drilled well that serves several homes on Port Kirwan
Road. Surface land use and geology have potential to
impact the well.
Council recognizes that there are at present several
dwellings within the area of influence of the well.
Notwithstanding Policy W-1, no further development shall
be permitted within 100 metres of the wellhead. Council
will work with property owners in this area to develop a
plan to ensure the safety of this water supply.
Should municipal water service be extended along Port
Kirwan Road such that use of the well is no longer
required, development in the protected area shall be
permitted without amendment to this Plan in accordance
with the policies of the Mixed Development land use
designation.
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6.0 Services & Infrastructure
The provision of municipal infrastructure such as streets,
sidewalks, water and wastewater systems, and solid
waste collection and disposal are the primary
responsibilities of municipal government. This
infrastructure supports growth and development of the
community and contributes to community safety, health,
and well-being.
Objectives
1.
Provide a safe, convenient, and efficient street network in the
community
2.
Investigate appropriate solutions for the collection and
treatment of municipal sewage wastes.
3.
Ensure continued safety, supply, and distribution of potable
water in the community.
Municipal Services Infrastructure Policies
6.1 Transportation
Policy MSl-1 Street Standards and Function
Council shall adopt road design standards specified in the
Development Regulations in implementing this plan. All
new road development shall conform to these standards.
It is Council's intention to ensure the safety,
maintenance, and upgrading of Town streets as a priority
for municipal capital works programming.
6.2 Water and Wastewater
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Policy MSl-2 Drinking Water Distribution System
Council will monitor the capacity and quality of water in
the Protected Water Supply Area of Bear Cove Pond to
ensure that the system provides an adequate supply of
potable water to the community.
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Policy MSl-3 Fire Flows
Council will ensure that the water distribution system in
the community is maintained to provide sufficient water
pressure in the event of a fire.
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Policy MSl-4 Waste Reduction Measures
The Town will continue to participate in provincial waste
management strategies. To minimize costs of transporting
and disposing garbage, Council will undertake initiatives
to reduce household garbage encouraging residents and
businesses to compost and recycle.
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development purposes. Such projects generally entail the
Town acquiring parcels of land from private landowners
or other levels of government for a variety of reasons
including:
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To facilitate new growth and development in an area
which is actively being revitalized or redeveloped
where such land assemblies cannot by virtue of time
or money be assembled privately;
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To facilitate the development of municipal parks,
recreation and conservation areas;
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To facilitate development of municipal parking lots;
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To encourage or make available lands which by virtue
of ownership are not available for development but
which are necessary for logical and contiguous growth
of the community; and
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To facilitate redevelopment of a major non-
conforming use where the redevelopment is either a
conforming use or is consistent with the Municipal
Plan.
During the planning period, Council may undertake land
assembly projects and transactions which are consistent
with the objectives of this Plan.
7.6 Professional Advice
Council may obtain professional advice in regard to any
proposed amendment to the Municipal Plan or
Development Regulations or in regards to the evaluation
of proposals for development within the community,
where, in the opinion of Council, such advice is
warranted.
7.7 Municipal Budget and Capital Works Program
Like most businesses, the Town has a budget which
directs annual expenditures. Where and how the Town
chooses to spend funds each year can have a significant
impact on the future development. The various policies
related to servicing in the Municipal Plan will be
implemented through expenditures.
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That the proposal is in conformance with the intent of
this Plan and with the requirements of all other Town
by-laws and regulations.
7.3 Public Consultation
Council is committed to consultation with citizens and
will seek input from the public on planning and
development matters that:
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Require an exercise of Council discretion in arriving at
a decision on a development application;
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Involve significant development proposals that are of
interest to the community at large;
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Would require a change of Town policy, amendment to
the Plan or Development Regulations; and
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Would result in significant expenditures of town
resources for implementation.
Council shall follow the procedures and processes for
public consultation as set out in the Development
Regulations consistent with the requirements of the
Urban and Rural Planning Act, 2000.
7.4 Amending and Reviewing the Municipal Plan
Since conditions in the Town may change during the
planning period, amendments to the Municipal Plan may
be adopted by Council from time to time. Council may
consider amendments to the Municipal Plan when:
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There is an apparent need to change policy due to
changing circumstances;
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Studies have been undertaken which contain
recommendations or policies which should be
incorporated into the Municipal Plan;
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A Provincial Land Use Policy has been released that
requires a change in policy by the Town; and
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There is a development proposal which provides
sufficient information and rationale to support a
change in the Municipal Plan.
After five years from the date on which this Plan comes
into effect, Council shall review the Plan and revise it if
necessary. Revisions will take account of development
which can be foreseen during the following 10 years.
Amendment and review of the Plan shall be carried out in
the same manner as this Plan was brought into effect.
In accordance with Section 27 of the Urban and Rural
Planning Act, 2000, Council will charge a proportion of
the cost of carrying out an amendment to the person or
association of persons, who request an amendment. The
proportion to be charged will be set by Council as part of
its annual budget process in setting its Schedule of Rates
and Fees. The costs may include, but are not limited to
research and preparation of amendments, public notices
and consultation, administrative processing costs and the
costs associated with a Public Hearing.
7.5 Municipal Land Assembly
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Municipalities are empowered by the Municipalities Act to
acquire lands for municipal works or economic
Fermeuse Municipal Plan /
to the provisions of this Plan and the accompanying
Development Regulations may be appealed to the
appropriate Appeal Board established under Part VI of the
Urban and Rural Planning Act, 2000.
7.2 Development Regulations
To implement the goals, objectives and policies of the
Municipal Plan, Council will prepare and adopt
Development Regulations pursuant to Section 35 of the
Urban and Rural Planning Act.
All land within the municipal planning area will be
covered by land use zones which provide detailed
requirements such as lot size, frontage, building setbacks
and parking standards.
In order for consideration of any proposals for an
amendment to the Development Regulations (i.e., a
rezoning), Council shall require a formal proposal to be
submitted. Such a proposal must clearly show:
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The location of the subject property, to scale,
showing lot dimensions, area, street frontages;
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The means by which the site is/will be serviced;
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The proposed location of all driveways and parking
areas;
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Areas that are to be landscaped or left in a natural
state to provide necessary buffers;
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The proposed location of all buildings on the site; and
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Existing land uses, including natural hazards or
sensitive natural areas both on-site and on adjoining
properties that may be affected by the development.
In its review of proposals for amendments to the
Development Regulations, Council shall consider all
appropriate policies set out in this Plan and have regard
for the following:
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relating to the development;
The adequacy of municipal water and sewer services,
or where on-site services are proposed, the quantity
of groundwater and physical site conditions to
accommodate development;
The adequacy and proximity of schools, recreation and
community facilities;
The adequacy of the road network in, adjacent to, or
leading to the development;
The potential for the contamination or sedimentation
of watercourses or for erosion;
Environmental impacts such as air, water and soil
pollution and noise impacts;
Previous uses of the site which may have caused soil
or groundwater contamination;
Suitability of the site in terms of grades, soil and
bedrock conditions, location of watercourses and
wetlands;
Compatibility of the development in terms of height,
scale, lot coverage and bulk with adjacent properties;
and
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The Fermeuse Municipal Plan serves as the blueprint for
the community's future development.
Successful implementation of the Plan involves:
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effective administration of the Plan;
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adoption of Development Regulations;
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adoption of annual municipal capital works budgets;
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preparing and implementing recommended studies;
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a consistent procedure for considering amendments to
the Plan; and
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working in partnership with citizens, groups and
organizations to achieve the collective goals of the
Community.
1.1 Administration of the Municipal Plan
The Municipal Plan must serve as a continuing reference
and guide to Council and its officials in order to achieve
the goals, objectives, policies and programs which it
contains.
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The boundaries between land use designations on the
Future Land Use Map coincide where possible with roads,
fences, property lines or other prominent physical
features. Where a property proposed for development
straddles more than one land use designation, minor
adjustments to the boundaries between the land use
designations may be made without amendment to this
Plan to accommodate the development.
All proposed development within the Planning Area must
conform to the policies of the Plan and Development
Regulations, and be approved by Council. Council will
ensure that development proposals are given a
comprehensive review, including circulation to
appropriate public departments and agencies.
Council may refuse or approve applications, with or
without conditions. Decisions of Council made according
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Appendix A Future Land Use Map
/ CBCL Limited
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