Flower's Cove, Newfoundland and Labrador
· adopted 2017-09-29
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
MI
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Town of Flower's Cove
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MUNICIPAL PLAN
2016-2026
01
a
As approved by Council 6 June 2017
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
Page left blank to correspond to double sided printing
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
TABLE OF CONTENTS
1.0 ADOPTION AND APPROVAL
1
1.1 COUNCIL RESOLUTION TO ADOPT; TOWN MANAGER/CLERK'S
CERTIFICATE.
1
1.2 COUNCIL RESOLUTION TO APPROVE; TOWN MANAGER/CLERK'S
CERTIFICATE
3
1.3 PLANNER'S SEAL AND SIGNATURE
3
2.0 STRUCTURE, APPROVAL, REVIEW AND ADMINISTRATION
5
2.1 Municipal Plan Parts
5
2.2 Municipal and Ministerial Approval
5
2.3 Review of the Municipal Plan
7
2.4 Municipal Plan Administration
7
3.0 REGULATORY STATUS OF MUNICIPAL PLAN
8
3.1 Title and Components
8
3.2 Municipal Planning Area
8
3.3 Review and Amendments
8
3.4 Purpose and Legal Effect of Municipal Plan
8
4.0 CONTEXT AND KEY FACTORS AFFECTING MUNICIPAL PLAN 10
4.1 Geographic Setting and Economic History
10
4.2 Research Supporting the Municipal Plan
15
4.3 Municipal and Public Consultation
16
4.4 Key Factors Affecting Municipal Plan
17
4.4.1 Demographics and Economic Development
17
4.4.2 Land Development Trends and Raw Land Demand
20
4.4.3 Streets and Highways
22
4.4.4 Water Supply and Distribution
22
4.4.5 Sewage Disposal by On-Site Systems
23
4.4.6 Recreational Lands and Trails
23
4.4.7 Buildings and Sites with High Natural or Heritage Values
24
4.4.8 Natural Hazards and Adaptation to Effects of Climate Change
24
5.0 GOALS AND OBJECTIVES
28
5.1 Goals, Objectives and Policies
28
5.2 Goals for the Town of Flower's Cove
28
6.0 DEVELOPMENT CONCEPT AND POLICIES
33
6.1 Development Concept
33
6.2 Policies Specific To Land Use Designations
34
6.2.1 Mixed Development
34
6.2.2 Commercial/Light Industrial
35
6.2.3 Water Supply
36
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
6.3 General Land Use Policies
37
6.3.1 Natural Hazards to Building
37
6.3.2 Municipal Services
38
6.3.3 Streets
39
6.3.4 Heritage Structures and Sites
39
6.3.5 Visual Effects of New Development and Property Maintenance
40
6.3.6 Development Near Waterbodies
40
6.3.7 Protection of the Natural Environment
41
6.3.8 Public utilities
43
6.3.9 Archaeology Sites
43
6.3.10 Advertisements
43
6.3.11 Forestry Land Uses
44
6.3.12 Mineral Exploration and Extraction
44
6.3.13 Valued Trails
45
3.4.14 Uses Related to Keeping of Animals
46
3.4.15 Removal of Quarry Materials
46
6.3.16 Non-conforming Uses
47
6.3.17 Policies Extra to Municipal Plan for Information
47
6.3.18 Temporary Uses
47
7.0 MUNICIPAL PLAN IMPLEMENTATION
49
7.1 Introduction
49
7.2 Development Regulations
49
7.3 Development Control
50
7.4 Public Works
52
7.5 Development Schemes
52
8.0 INTERPRETATION
53
8.1 Land Use, Boundaries, and Roads
53
8.2 Figures and Quantities Approximate
53
APPENDIX
54
Site Plan Evaluation Criteria
54
Future Land Use Maps 1, 2 & 3: Map I is bound into the document at the last page
and Maps 2 and 3 are in map pockets at the rear of document.
Note: Council's resolution to approve this document resulted in revision of a certain part of the
text. The text which is substituted in place of text which appeared in the document as adopted
affects pages 17 to 20 inclusive, on which the beginning and the end of the substituted text is
identified.
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
1.0 ADOPTION AND APPROVAL
1.1 COUNCIL RESOLUTION TO ADOPT; TOWN MANAGER'S/CLERK'S
CERTIFICATE.
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Council of the
Town of Flower's Cove adopts the Municipal Plan for 2016 to 2026.
Resolved by the Council of the Town of Flower's Cove on the 9`I' day of May, 2017.
Signed and sealed this
day of June, 2017.
Mayor:
Town Manager/Clerk:
(Council Seal)
Town Manager's/Clerk's Certificate:
Certified that the attached Municipal Plan is a correct copy of the Municipal Plan for 2016 to
2026, adopted by the Council of the Town of Flower's Cove, on the 9th day of May, 2017.
-
Town Manager/Clerk (-19--e(---C
Page 1
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
Blank page
Page 2
Mayor:
(Council Seal)
Town Manager/Clerk:
Town Manager's/Clerk's Certificate:
Municipal Plan for 2016-2026, Town of Flower's Cove
2-o
cc \
As approved by Council 6 June 2017
1.2 COUNCIL RESOLUTION TO APPROVE; TOWN MANAGER'S/CLERK'S
CERTIFICATE
Under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Council of the
Town of Flower's Cove approves the Municipal Plan for 2016 to 2026, as released by the
Department of Municipal Affairs and Environment and revised as recommended by the public
hearing commissioner to the effect that the population figures from the 2016 federal census be
incorporated in the draft released by the Department, as the said census information had not been
promulgated at the time the draft Municipal Plan was sent for review and release.
Resolved by the Council of the Town of Flower's Cove on the 6th day of June, 2017.
Signed and sealed this
/ day of J une, 2017.
Certified that the attached Municipal Plan is a correct copy of the Municipal Plan for 2016 to
2026, approved by the Council of the Town of Flower's Cove, on the 6th day of June, 2017.
Town Manager/Clerk
1.3 PLANNER'S SEAL AND SIGNATURE
CANADIAN INSTITUTE, OF PLANNERS CERTIFICATION
I certify that the attached Municipal Plan document has been prepared in accordance with the
requirements of the Urban and Rural Planning Act. 2000.
Meniberk e Canadian Institute of Planners
Jens Jen. en, .Eng.,MC1P
Date:
2017 MCIP seal
Page 3
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
Blank page
Page 4
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
2.0 STRUCTURE, APPROVAL, REVIEW AND ADMINISTRATION
2.1 Municipal Plan Parts
This document, comprising the text and the maps constituting its parts, forms the Municipal Plan
for the Town of Flower's Cove.
2.2 Municipal and Ministerial Approval
The Municipal Plan has been prepared in accordance with the Urban and Rural Planning Act,
2000. Upon completion of the required steps to bring it into legal effect, it will become the first
Municipal Plan for the Town.
For the Municipal Plan to gain full legal effect, the following procedure must be undertaken,
pursuant to Sections 15 through 23 of the Act. These steps follow the establishment of the
Municipal Planning Area, for which the responsible Minister accepted the request of the Town
Council and ordered the Municipal Planning Area and its boundary to be established in May,
2016.
In brief, the process begins with the preparation of a draft Municipal Plan under the direction of
Council. When a draft is prepared to the satisfaction of Council, it is submitted to the
Department of Municipal Affairs for review. When the Department has reviewed the draft
document and is satisfied that it is acceptable in light of provincial and other government
agencies' interests, the Department officially releases it pursuant to Section 15 of the Act.
Council then, by resolution, is able to adopt the document pursuant to Section 16 of the Act.
Council must then advertise and provide for a public hearing at which objections or
representations to the adopted document are to be heard. The notice must appear twice in a
newspaper circulating in the community's area, such as the Northern Pen currently, in which
Council states its intention to seek the approval of the Municipal Plan. The first notice must
appear at least fourteen days before the hearing date. The notice must state where and when the
Municipal Plan can be inspected and clearly give the time and place for the Public Hearing.
The Public Hearing is conducted by a Commissioner appointed by the Council. A deadline date
for the submission of any written objections or representations is specified in the Act (two days
before the hearing). If no objections or representations are received by the deadline, Council
Page 5
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
may cancel the hearing and proceed directly to approve the Plan. If the hearing proceeds, the
Commissioner conducts the meeting and subsequently prepares a report including
recommendations, if any. Council then considers the report and either approves the Plan (with or
without changes as may be recommended by the commissioner) or withdraws the proposed Plan.
Council's approval is made by resolution pursuant to Section 23 of the Act.
The Council-approved Plan then is submitted to the Minister for registration, pursuant to Section
24 of the Act. For this, the Minister requires two copies of the Municipal Plan which have been
certified by the Clerk as having been adopted and approved by Council, the Commissioner's
report, copies of all written objections and representations that may have been submitted at the
Public Hearing, and a statutory declaration by the Clerk as to the steps taken in compliance with
the Act. After checking the documents, the Minister will register the Plan in the Minister's
planning registry and Council will publish a notice to that effect in the Newfoundland and
Labrador Gazette and in a newspaper circulating in the community's area, such as the Northern
Pen currently. The date of the publication of the notice in the Newfoundland and Labrador
Gazette is the date upon which the Plan comes into effect.
If the Minister chooses to not register the Plan due to defect in process or changes made
subsequent to Departmental release, the document is returned to the Council with information as
to the reason for its unacceptability, and Council may then make changes and resubmit the Plan
in the same manner.
It is important to recognize that a new Municipal Plan does not come into legal effect until the
notice of the Minister's registration appears in the Newfoundland and Labrador Gazette. Once
in effect, the Municipal Plan is legally binding on Council and any person or party proposing to
use or develop land anywhere within the Municipal Planning Area boundary.
The Municipal Plan may be amended at any other time, in whole or in part, for legitimate
reasons that may have been unforeseeable at the time it had initially been drafted. Any such
amendment must be consistent with the Municipal Plan as the amendment will be read together
with and become part of the Municipal Plan. Amendment of the Municipal Plan follows the same
process described above.
A concurrent and parallel process is involved in the preparation, Departmental review and
release, adoption, approval, and coming into effect of the Development Regulations.
Page 6
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
2.3 Review of the Municipal Plan
The Act at Section 28 requires that a Municipal Plan be reviewed not later than every five years
from the date it has come into effect. The general intention is that Council may revise the Plan
with a view to the developments which can be foreseen for the next ten years. Consequently, the
time frame for this Plan is the ten year period of 2016 through 2026.
2.4 Municipal Plan Administration
When a Municipal Plan comes into effect, the Council is required to provide for its
administration in conjunction with the Development Regulations. The Development Regulations
are written in conformity with the Municipal Plan in the form of land use zoning, subdivision,
and advertisement (signage) regulations.
Development Regulations must comply with the requirements of the Urban and Rural Planning
Act, 2000, and standard Provincial Regulations have been developed to form the basis of these
regulations. The standard regulations currently are Newfoundland Regulation 3/01 made by the
Minister of Municipal and Interprovincial Affairs and which came into force on January 1, 2001.
Councils are also advised, if they have not already done so, to adopt the National Building Code
of Canada as its building regulation.
The day-to-day administration of the Municipal Plan and accompanying Development
Regulations is in the hands of staff members authorized by the Council. Staff have the duty of
issuing all necessary permits approved by Council and making recommendations to the Council
in accordance with the Municipal Plan policies and Development Regulations, regarding all
development in the Municipal Planning Area.
Page 7
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
3.0 REGULATORY STATUS OF MUNICIPAL PLAN
3.1 Title and Components
This Municipal Plan, when brought properly into effect, shall be known as the Municipal Plan
of the Town of Flower's Cove, 2016 - 2026. The text and Future Land Use Maps 1, 2 and 3
contained herein constitute the Municipal Plan for the Flower's Cove Municipal Planning Area.
3.2 Municipal Planning Area
The territory subject to this Municipal Plan is that which is included within the boundaries of the
Flower's Cove Municipal Planning Area. The Area boundary is defined to be the Town
boundary plus that part of the French Island Pond Protected Water Supply Area lying outside the
Town boundary plus some lands along the Viking Trail in both directions which represent lands
ready for development.
The French Island Pond Protected Water Supply Area, so regulated under the Newfoundland and
Labrador Environment Act, can be seen to comprise over half of the Municipal Planning Area.
These boundaries are given legal descriptions for official purposes and are all illustrated on the
Future Land Use Maps.
3.3 Review and Amendments
As indicated in Part 2.0, the policies and land use designations described in this Municipal Plan
are subject to review and amendment as required in the light of changing economic, social,
technological and other developments affecting the community, as well as at the required five
year reviews.
3.4 Purpose and Legal Effect of Municipal Plan
The Municipal Plan is a legal document, binding upon Council and any person or group using or
proposing to use land anywhere within the Flower's Cove Planning Area Boundary. All
development must conform with the applicable policies of the Municipal Plan and accompanying
Development Regulations after the date upon which they come into effect.
Page 8
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
This Municipal Plan and accompanying Development Regulations are the first of such
documents for the Town. Interim Development Regulations prescribed by the Minister of
Municipal Affairs will expire when these documents come into effect as described earlier.
The Municipal Plan guides growth and development within a Municipal Planning Area. Future
Land Use Maps show the Flower's Cove Municipal Planning Area divided into various land use
designations. Within each designation only specified kinds of development may take place.
It provides a means of preventing problems that could occur if conflicting land uses are
developed too close to each other. It directs future growth so that it occurs in a manner whereby
municipal services and land resources are used most efficiently, thus preventing unnecessary
increases in servicing costs that can result from development becoming needlessly spread out. It
also ensures that aspects of land development like safety, aesthetics and environmental
protection are given proper consideration. Further, it may also set out information and policies
on matters affecting social conditions, cultural matters and governance.
Page 9
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
4.0 CONTEXT AND KEY FACTORS AFFECTING MUNICIPAL PLAN
The key points arising from research and consultative processes are as follows:
4.1 Geographic Setting and Economic History
Flower's Cove is a coastal community located on Route 430 on the westerly shore of the Great
Northern Peninsula on the west coast of the island of Newfoundland. The community's location
relative to other west coast communities in Newfoundland may be appreciated from the map
below:
Page 10
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
-
The origins of European settlement of the coasts of the province relate largely to the European
fishing industry from its beginnings in the New World in the 1700s. Like many areas on the
west coast, The French initially had legal rights to the fishery, and were able to prevent fishing
by others, hence the name "French Shore". Indeed, the offshore islands in the vicinity are called
the French Islands and the community was called French Island Harbour.
As permanent settlement was essentially forbidden, many years passed before anything
resembling outport settlement evolved. Eventually, French privileges gave way to the British,
who also discouraged permanent settlements. Later yet, permanent settlements were permitted
and the familiar coastal pattern of outport fishing communities was established.
The recently completed ICSP includes a succinct modern history of the community, which is
quoted below (various items of information are current as of 2010; changes made where items
needed updating are underlined):
Flower's Cove is the major regional service center,* surrounding communities with
public and private sector facilities and services such as RCMP, Department of
Transportation and Works, Motor Vehicle Registration, NL Hydro, hospital, schools,
banking, pharmacy, restaurant, grocery stores and others. The Town of Flower's Cove
also provides water service to the neighbouring community of Nameless Cove, a Local
Service District.
The Town of Flower's Cove has been incorporated since 1979. It has four duly elected
councillors who are actively involved in running the affairs of the community. The
council consists of one full time Town Manager/Clerk, one full time Secretary and a
seasonal (permanent Snow-clearing Operator. The population currently stands at 275
with 110 households.
The town has been experiencing a slowly aging population, but still have a few new
houses going up from time to time. The main objective of the Town is to provide
Municipal Government to residents. In doing so the Town works with various
departments of the Provincial and Federal Government to improve the economy.
The Town has been involved in community economic development for many years both on
a local community level and acting on behalf of the larger regional community. The
Town's objectives are to maintain the town and develop the regional assets . for economic
Page 11
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
diversification and overall growth in the hopes of providing stability to the region's
economy.
There is much to recommend the Town of Flower's Cove as a place where initiative and
innovation have done much to improve and publicize the community, continuing the quote from
the ICSP, followed by a few photographs to illustrate the point:
- The Skin Boot Church (St. Barnabas) is an historic site. Started in 1920, the church
building funds were raised by the sale of sealskin hoots made by women from the Straits
area. The church is currently one of the major tourist attractions in the region.
- The Flower's Island Lighthouse built in 1899 was renovated by the Straits Development
Association as a tourist attraction. The lighthouse is situation on an island adjacent to
Flower's Cove and Nameless Cove.
- The Marjorie Bridge and Thrombolites Walking Trail was developed when funding was
secured through a JCP program with Service Canada in 2004. This bridge was put over
a brook which leads you to the well known tourist attraction the "Thrombolites".
- The White Rocks site of the Limestone Barrens is located in Flower's Cove and it would
take approximately 20-minute to 40-minute, semi-precarious walk off the road over an
unusual rock formation. The White Rocks is a worthwhile tourist sight -- a place to stop
in Flower's Cove and is a major section of the limestone barrens that extends the
peninsula.
- The ATV trail was constructed in 2002 with help from government funding. In 2008, some
of the ATV users paid a local contractor to upgrade the ATV trail. This trail takes you 5-6
miles into the backcountry where numerous cabins are located and fishing and hunting
takes place. The LTO #104613 is now governed by Flower's Cove Recreation Committee.
- The multi-purpose courts, playground and ball-field were made possible when a
recreation committee was formed as an arm of council. With various fundraisers and
government funding these services were enhanced over the years so children and adults
can come and enjoy days of activities. This infrastructure is used by all communities in
the region.
Page 12
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
The historic Skin Boot Church dominates the skyline of the community:
The Thrombolites are easily accessible on the Walking Trail:
Page 13
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
The entrance to the White Rocks on the Limestone Barrens is well presented:
Historically, the economic base was the fishery and little else. When Gros Morne and L'Anse
aux Meadows National Parks were established in the 1970s, an important new component of the
west coast's economic base was added. At about the same time, the 1970s, fairly good road links
were developed up the Northern Peninsula, making the Viking Trail from Deer Lake to St.
Anthony (and beyond via ferry to Labrador) a busy highway transportation route. The recently
developed road link from the Red Bay shore in Labrador to Happy Valley-Goose Bay has
opened a through highway route to Quebec and Upper Canada. Those highway linkages together
with the Town's proximity to the Labrador ferry terminal, and the continuing attraction of the
National Parks, have put Flower's Cove in a favourable place with respect to tourism and
commercial freight travel.
Also, there has been a dramatic recent growth in the number of households who have their
principal residence in Flower's Cove while one or more members work at places far away,
Page 14
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
sometimes on long rotations, and, the feasibility of commuting to nearby communities is
facilitated by good roads.
The fishery has continued, with boats operated out of the town, but the employment represented
by fishing has greatly diminished. More recently, the local economy has given the community
an important economic role as a service centre, and the community has interesting attractions and
a strategic location for tourists, a history of initiatives in making civic improvements, possessed
of good recreational infrastructure, and, last but not least, is the comfortable and secure home for
its residents.
In short, though there is still activity in traditional sectors, tourism related employment and
investment have grown steadily. However, there are challenging, great economic and
demographic forces affecting most of the province's small communities, forces from which
Flower's Cove is not immune.
4.2 Research Supporting the Municipal Plan
The consulting planner conducted a research program to determine or estimate the situation of
the community in the planning context, including information on trends and opportunities in
demographics and the local economy, land development trends and raw land demand, streets and
highways, water supply and distribution, method of sewage disposal (by on-site systems),
buildings and sites with high natural or heritage values, and, adapting to natural hazards and the
expected effects of climate change.
The results are summarized later in this Part of the Municipal Plan. Often, a planning
background report would be prepared to compile background information, but in this case all of
the material that otherwise would have been put in such a report has been provided within this
Municipal Plan and thus there is no separate planning background report.
This Municipal Plan has been prepared several years following the preparation of a special
purpose document, an Integrated Community Sustainability Plan (ICSP) in 2010. The ICSP is a
document prepared in accordance with a requirement that municipalities prepare an ICSP in
order to qualify for revenue from the Gas Tax Fund, pursuant to the Gas Tax Agreement signed
between the Province and Local Governments. In the case of Flower's Cove, the ICSP was
developed as a Collaborative ICSP, in which Flower's Cove, Bird Cove and Anchor Point
worked together to prepare the document. Although some of the background material is
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
common to the region, such as history and the general basis of the local economy, the specific
concerns and circumstances of each community were addressed individually.
The research and public consultation processes involved in preparing the ICSP were very useful
in preparing this Municipal Plan, as many topics and interests are common to both. The process
of preparing the ICSP has enhanced the depth of the Municipal Plan as it touched on matters not
directly related to land use, such as social conditions, cultural matters and governance. Research
done for this Municipal Plan has updated information on population and recent developments.
However, the Integrated Community Sustainability Plan is not part of this Municipal Plan, nor is
it subject to the statutory status and procedures affecting Municipal Plans.
4.3 Municipal and Public Consultation
At the outset, the consulting planner came to Flower's Cove in mid-2015, to meet with Town
Council and staff, to discuss the Town's planning issues and to assess land use trends and
development opportunities first hand. This information was important to preparing the request to
the Minister to do with establishing the planning area boundary. It was certainly helpful to read
the Town's ICSP, but greater insight into conditions in the community was gained by
interviewing staff and Council. Other documents were located and have been informative as
well.
During the summer of 2016, the Town's consulting planner, Council and staff are undertaking to
develop a first draft of the Municipal Plan and Development Regulations for 2016-2026, with a
target deadline of the end of August. Those drafts are to be presented at an advertised public
meeting held in the community in September, 2016. The proposed planning documents will be
discussed, and notes taken on suggestions for consideration. Council will then consider the
inputs from this process and may make revisions to produce drafts with which they are satisfied.
The resulting drafts of the Municipal Plan, with the accompanying Development Regulations,
will be then sent to the Department of Municipal Affairs for their statutory review and release
process. Sometimes, minor technical corrections are needed and more rarely, there may be a
matter of policy where provincial regulations or practice suggest reconsideration by Council.
When the documents are eventually released, the process of official Council adoption, a
mandatory formal public hearing, and approval, all as described in Section 2.2, is followed to
bring the documents into legal effect.
Page 16
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
4.4 Key Factors Affecting Municipal Plan
The key factors affecting the concept and detail of the Municipal Plan include the following.
4.4.1 Demographics and Economic Development
It is important to understand trends in population numbers, in particular to discern the influential
factors, as this heavily influences future demand for municipal services and infrastructure, even
if all else remained unchanged.
It is well known that the populations of most areas of Newfoundland island outside St. John's
and a very few other major centres, are declining in numbers and are generally aging. The
reasons for the demographic trend are well known: declining birth rate, outmigration of all ages
to other areas in search of employment in one's skill, young people leaving for education and not
returning, and limited job growth in emerging businesses and institutions. These factors operate
throughout the rural areas of the province, and usually vary only in degree. The general trend is
that employment and population are concentrating in the larger urban centres.
It must also be recognized that factors influencing population change and the local economy do
not operate on the scale of a community alone but rather in a larger regional setting in a longer
term sense. The economic factors affecting the Town of Flower's Cove do not operate in
isolation from its neighbours on the west coast.
BEGINNING OF SUBSTITUTED TEXT AS PER RESOLUTION TO APPROVE
Statistics concerning the community itself should be considered in light of the immediate region
in which it functions, as today's highway system enables commuting considerable distances.
The region to which Flower's Cove relates is the upper half of the Great Northern Peninsula, for
which census data can be derived. That area is approximated by the combination of census
subdivisions 9 C, D and F, together with the incorporated towns in that area, as shown on the
map on the next page.
Page 17
Bartlett's Bay
St. Anthony
Great Harbour Deep
Port au Choix, Port
Saunders, Hawke's
Bay
Plum Point
Census
Subdivisions 9C,
9D and 9F are the
areas lying north
of this line
Flower's Cove
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
The southern line of the area begins at Bartlett's Bay on the west, so the communities around
Port aux Choix are not included, but Plum Point and Saint Barbe are included. The
communities of Roddickton-Bide Arm and area are also included, as are the lands southward
down the east coast of the Great Northern Peninsula as far south as Great Harbour Deep.
Page 18
Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
In the table below, all incorporated towns and unincorporated areas in the census area shown on
the map are included:
Incorporated Town or Area
Arranged in order, from smallest % decrease to largest,
for population changes from 2011 to 2016.
2006
2011
Change
2016
from
2011-2016
Bird Cove
210
182
179
-1.6%
Anchor Point
320
326
314
-3.7%
Roddickton-Bide Arm
1,103
1,057
999
-5.5%
Conche
225
181
170
-6.1%
St. Anthony
2,476
2,418
2,258
-6.6%
Hawke's Bay
391
338
315
-6.8%
UNINCORPORATED AREAS
Census subdivisions 9 C, D & F totalled NOT
including incorporated towns and Goose Cove
East*
4,013
3,521
3,243
-7.9%
REGIONAL POPULATION
Census subdivisions 9 C, D & F totalled
including incorporated towns and Goose Cove
East*
11,265
10,428
9,596
-8.0%
Main Brook
293
265
243
-8.3%
St. Lunaire-Griquet
666
661
604
-8.6%
Englee
625
583
527
-9.6%
Raleigh
248
201
177
-11.9%
Flower's Cove
270
308
270
-12.3%
Goose Cove East *
*lbrmerly incorporated, but still reported separately in census
235
211
174
-17.5%
Cook's Harbour
190
176
123
-30.1%
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
Referring to the 2011-2016 figures, it is noteworthy that the regional population changed by
minus 8.0% whereas that of Flower's Cove was considerably more at minus 12.3%. Regardless
of the relative position, it is clear that the overall picture of the region is one of population
decline. Notwithstanding the general conditions in the province or more particularly in its own
economic zone, Flower's Cove has an important role in regional services and enjoys attractions
of interest to tourists, and that bodes well for continuity of economic activity.
END OF SUBSTITUTED TEXT AS PER RESOLUTION TO APPROVE
So much depends on the continuation or improvement of employment opportunities in existing
industries and services, and that is difficult to forecast other than to say that there is some reason
to be optimistic. On that positive note, it can also be said that the municipalities and
development associations need to work hard in searching out opportunities, stimulating
economic initiatives, and supporting existing enterprises and institutions. This will be discussed
further in the section of this report which relates economic conditions to land use planning
considerations.
The Municipal Plan should endeavour to facilitate initiatives of the Town, advocate for
investments and improvements requiring "outside" involvement, and regulate development in a
manner encouraging to new investment and development but without threatening the quiet
enjoyment which residents have in respect of their residential properties. Said in a different way,
there is a balance between maintaining a high quality of life while at the same time, being open
to considering commercial or industrial development of certain types. More specifically, the
Municipal Plan should reflect the reality that community sustainability will relate directly to
successfully maintaining and improving the quality of life of the community as a place to live.
Finally, the administrative mechanisms by which development applications are processed,
considered, and approved need to be efficient and clear. It is important that the approval
processes need to be timely, so that desirable development is not held up more than necessary for
review of requirements, and prompt decision making should be an explicit objective.
4.4.2 Land Development Trends and Raw Land Demand
The community historically developed in a fairly compact pattern focused on the harbour.
Residential and institutional development such as schools and churches developed in a network
of streets which gradually spread over the landscape directly inward from the harbour. A central
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
commercial area adjacent to the harbour in the early days provided most of the needed goods and
services for the community and immediate area, but the era of modern highways and universal
use of automobiles has seen a concentration of many major retail goods and services in larger
centres, particularly in St. Anthony, Deer Lake and Corner Brook.
As the desirability of municipal water systems and sanitary sewerage became evident for public
health reasons, and resources for these systems became available, many communities installed
central water and/or sewer services. In the case of the Town of Flower's Cove, practically all of
the built-up area of the Town has been serviced with a central water system, with sewage
disposal needs provided entirely by on-site sewage disposal systems (such as septic tanks and
disposal fields) which are privately installed and operated and inspected by SNL and Department
of Health. .
These circumstances have enabled development of new housing and commercial development
within the Town boundary, by way of building in areas served by the central water system.
Overall, the demand for land for new development has not until recently been great. However,
significant commercial development has taken place recently on the Viking Trail (Route 430),
which passes through the Town and in effect forms its main street. Those new commercial
developments focus primarily on the travelling public, such as automotive service stations and
eating establishments. The reasons for the significant recent growth on the Viking Trail provide
encouragement for a credible view of the Town as a community having promise for significant
economic growth.
The economic factors influencing the community were described in Part 4.1. Industries and
businesses which require buildings invoke the need to regulate their locations and supporting
infrastructure. Also, there has been a dramatic recent growth in the number of households who
have their principal residence in Flower's Cove while one or more members work at places far
away, sometimes on long rotations, and, the feasibility of commuting to nearby communities is
facilitated by good roads. Further, dramatic developments in recent years in information
technology permits some businesses to operate from a fixed base in the community, with their
customers located literally around the world. Many of such small enterprises, including small
scale manufacturing, can very well be co-located at one's home without adverse effects on the
neighbours. The above described factors are resulting in genuine demand for more serviced land
and for redevelopment of dwellings in whole or part for non-residential uses.
Within the Town boundary, there is very little land available for development in any significant
amount. As there is a pressing demand for building lots for dwellings, Council has searched for
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
land outside the currently serviced areas to acquire and subdivide for residential development,
and has located an area to the south of the town boundary, accessed from the Viking Trail (its
approximate area is shown on the Municipal Plan and Development Regulation maps as the
"proposed subdivision"). To the north, a frontage strip along the Viking Trail beyond the town
boundary could provide suitable land for highway oriented commercial and light industrial
development. These areas have the potential to provide for new development, and this was an
important element in shaping the Town's suggested Municipal Planning Area boundary request.
The significance of the foregoing outline is that the development concept for the community
needs to respect the desirability of enabling development of benign commercial and light
industrial land uses in the existing fabric of the community and in rural areas outside the
currently built up areas, as mixed use areas. The opportunity to allocate land along the Viking
Trail for light industrial and commercial uses, primarily related to highway services, suggests
that priority should be given in that area to those developments which have a natural affinity to
locating on the busy highway (some of those uses, like service stations, also make poor
candidates for location in established residential areas). The development concept will be further
detailed and given life in policies in the next Part of the Municipal Plan.
4.4.3 Streets and Highways
Before the construction of the Viking Trail, the through route through the community lay closer
to the water. The Viking Trail now has effectively become the main street of the community,
and as said above has attracted investments and buildings oriented toward through traffic as well
as providing local services. The landscape is quite flat, and there are no steep hills or hazards of
avalanches or landslides to threaten the street network.
The other streets in the community essentially provide access to properties in a looping grid
pattern. The street system is adequate for its purpose, though there is an ongoing challenge of
finding resources to maintain them in a satisfactory condition.
4.4.4 Water Supply and Distribution
As said earlier, practically the entire community is served by a central, municipally operated
water system. The system also extends outside the town boundary (and the Municipal Planning
Area) to serve a number of consumers in the community of Nameless Cove.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
The water supply is drawn from a surface water supply, protected under the Environment Act as
the French Island Pond Protected Water Supply Area. At present, the water supply and
distribution systems are generally adequate for the community's needs, but any proposals for
development which would involve substantial water consumption need to be closely reviewed to
ensure that the supply and distribution systems have capacity. Two trails (for ATVs and
snowmobiles) pass through the watershed; fortunately, Council is able to monitor their use and
deal with any environmental concerns because they are managed by Flower's Cove Recreation
Committee as an arm of council.
4.4.5 Sewage Disposal by On-Site Systems
As said earlier, the method of sewage disposal is entirely by way of privately provided and
operated on-site sewage disposal systems. At present, the existing installations are operating
without significant issues. New development approvals are subject to current provincial
government regulations, and the approvability of specific cases is highly subject to satisfaction of
physical criteria for suitability of soils, slopes, proximity to watercourses and the like.
There is little land left in the core of the community for new development, considering the large
lots sizes required and the physical criteria of the on-site sewage disposal system regulations. In
order to provide more building lots, the Council has been exploring the possibilities of going
outside the core of the community to locate an area capable of supporting a significant number of
lots serviced by on-site sewage disposal systems; that area is shown on the Municipal Plan and
Development Regulations maps as the "proposed subdivision".
4.4.6 Recreational Lands and Trails
Although it could be said that the great outdoors is a vast resource of recreational space, it is also
important that indoor community space, play areas and walking trails in the area be available for
residents and visitors.
The community under Council's leadership has developed a large play area in the north end,
featuring indoor space for sports and gatherings, as well as outdoor multi-purpose courts, a
playground and a ball-field. These facilities are enjoyed by residents of other communities as
well as the local population.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
Walking trails, some on boardwalks, have been developed for the benefit of visitors and residents
alike. The well known Marjorie Bridge and Thrombolites Walking Trail are fine examples of
formal trails, and there are other informal walks that are known to residents. There are two
developed motorized vehicle trails running through and out from the community: Flower's Cove
ATV Trail and the Snowmobile Traditional Trail. They are valued for providing safe and
convenient access to the vast interior of the Great Northern Peninsula.
All of these facilities have been enabled by initiative and hard work by volunteers, including
actions in building and fund raising. Government grants in aid have of course helped to good
effect. In the case of trails, protection from encroachment by buildings and landscape changes
would be desirable, and that topic can be pursued in the Development Regulations.
4.4.7 Buildings and Sites with High Natural or Heritage Values
The heritage of the community includes unique buildings such as the Skin Boot Church. The
keen world class paleontological interest in the Thrombolites is deserved, as it is a marvel which
can appreciated with interpretation, which is provided through panels and literature. The
Marjorie Bridge and Thrombolites Walking Trail provide convenient access to these features.
Also, the White Rocks on the Limestone Barrens is a natural geological occurrence which is rare,
and is accessed by a fine trail.
It is important that the Municipal Plan include policies that would protect these valued features
from intrusion, as they not only represent ongoing evidence of the culture and physical history of
the region, but also are tourism assets which can be sensitively promoted.
4.4.8 Natural Hazards and Adaptation to Effects of Climate Change
Good community planning must concern itself with adaptation to natural hazards. For many
years, topics such as geological stability, landslides, flooding and coastal erosion have been
familiar. In recent years, predictions of the effects of climate change have become clearer and
measures are being taken in forward looking communities to prevent or adapt to those which
threaten key building sites and infrastructure.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
On the subject of these hazards related to building, the provincial Geological Survey reports as
follows:
"Landslide and Rockfall
Rockfall and landslide are common in Newfoundland. They are commonly triggered by
heavy rainfall on steep slopes. Any development at the base of a steep slope should
consider rockfall potential. These are slope processes that involve the downslope
movement of material (unconsolidated sediment, bedrock and snow) in response to
gravity. The slope angle and sediment characteristics are important factors that influence
slope stability. Rockfalls are the downslope movement of boulders, either by ,free ,fall,
rolling or sliding. These boulders may be dislodged by freeze-thaw activity, erosion
beneath the boulder, bedding plane failure or through human activity. Rockfall may also
impact a slope below and trigger a landslide. Rockfalls lend to occur repeatedly, forming
a talus cone of boulders at the foot of a steep slope. For single-block rock falls, the
concept of a 'shadow angle is well established. The shadow angle is defined by the angle
below horizontal formed by the line lying between the apex of the slope subject to rock
fall and the extreme position of rock fall debris (boulders). Numerous studies have shown
this to be between 22° and 30°.
Landslides involve the downslope movement of unconsolidated material under the
influence of gravity, and are capable of producing widespread damage. In Newfoundland
and Labrador landslides are commonly triggered by heavy rain or snowmen, which
introduce large quantities of water to the slope. Sediment becomes saturated beyond its
shear strength, at which point, movement occurs. This movement may he rapid (e.g.,
debris flows) or slow (e.g., creep).
Avalanches
Avalanches are another rapid form of slope movement. They generally consist of a
combination of snow and ice, hut may include sediment, rock, and vegetation. To occur,
they require heavy snowfall (either introduced by precipitation or wind), and a steep
(30°-50`) slope. The trigger for avalanche is commonly heavy snowfall over a smooth
surface, produced from either a rapid fall in temperature in the days preceding the
snowfall or from a period offreezing rain or burial of a weak layer in the snow.
Alternatively, high winds blowing over a slope may create a cornice which may break off
falling to the slope below and triggering an avalanche.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
Flooding
Flooding affects both inland and coastal areas. River flood plains are those areas
adjacent to modern rivers that overflow their banks during storm events or as a result of
ice jams. Low-lying coastal areas may be inundated by the sea during storm surge events,
especially if coastal protection (including beaches) is breached. Areas at river mouths
are particularly vulnerable during river flooding during periods of unusually high tide or
storm events.
Coastal erosion
Large parts of the coastline of Newfoundland and Labrador are composed of cliffs of
unconsolidated (non-rock) material. These areas are stable if covered by vegetation, but
may erode quickly where exposed to waves. Rates of coastal recession up to 1 m per year
have been recorded in the province. Bedrock cliffs also erode, albeit at a slower rate.
Although there are Provincial regulations regarding development in relation to the high
water mark, in areas of unconsolidated material forming coastal cliffs or unconsolidated
sediment on bedrock however, set back from the cliff edge is, in our opinion, a more
appropriate measure. Based on an average recession rate of 15 cm per year and a 100
year life span for a structure, we recommend a setback of at least 30m (twice the average
erosion rate times 100 years) from the cliff top to any planned residential or commercial
development. A longer limit should be considered in those areas where more active
recession is noted.
Climate Change
Wave magnitude and the frequency of extreme wave events (including storm surge) may
be expected to increase if predictions of global climate change and associated global sea
level rise occur. In Newfoundland and Labrador, the crust continues to move, albeit
slowly, in response to the last glacial period. Most of the Island of Newfoundland is
currently experiencing rising sea level, which will exacerbate the sea level rise as a
result of climate change. Over the next century sea level is be expected to rise by over 1
metre in eastern Newfoundland, 80-90cm in western and southern Newfoundland, and
less than 70 cm in Labrador; sea-level rise will continue beyond 2099.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
Rising sea level will increasingly threaten our coastline and thus planning should restrict
development in low-lying areas or those adjacent to cliff edges that may experience
enhanced erosion. The increased risk of coastal erosion may be accentuated by
increasing pressures on the coast for residential development. Based on the potential
future impact of sea level rise and storm surge, areas below the present 2 m contour are
considered to be highly vulnerable to coastal flooding. Development within this area
should be restricted to ensure that appropriate mitigation measures are employed. These
could include coastal protection measures or enhanced engineering standards, although
communities may choose to remove these areas from development. Areas above the
present 2 m contour may also be at risk from coastal flooding, including storm surge.
The Government of Newfoundland and Labrador (Office of Climate Change and Energy
Efficiency) commissioned a study of the projected impacts of climate change in the
province,* the period 2038-2070. The 2013 report, prepared by Dr. Joel Finnis of
Memorial University, incorporated data from 7 regional climate model (RCM)
simulations provided by the North American Regional Climate Change Assessment
Project (NARCCAP). Model projections were compared against observations collected
by Environment Canada (EC) climate stations in the province. With regards to predicted
changes in temperature and precipitation the report highlights that the climate will
become warmer (especially winter temperatures) and wetter (both intensity and duration)
and that an increase in rain-on-snow events is likely. The latter could lead to an
increased potential for flooding and landslides/ avalanches."
The core areas in the community are generally those lands which are relatively free of these
hazards, and thus one may say that these are concerns largely relevant to outlying areas.
However, the hazards are relevant to all areas, such as sea level rise and coastal erosion, and thus
policies are given in the section in the Municipal Plan which provides policy guidance for all
areas.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
5.0 GOALS AND OBJECTIVES
5.1 Goals, Objectives and Policies
One method of systematic planning is to use a hierarchy of statements, from the most general to
the most specific. In Municipal Plans in this province, these statements typically follow a
progression of goals (the most general) to objectives to policies (the most specific).
By way of example in the Flower's Cove case, one goal could be to try to keep the character of
the community as a quiet, safe community in which the good quality of residential life is highly
valued. Under that goal could be an objective of taking steps to prevent incompatible
development from locating in well established residential areas. Policies which follow could
include a policy to permit businesses in the home which would not significantly change the
external appearance of the dwelling, and/or to permit apartment buildings only after careful
review to make sure they would not intrude on the appearance of the nearby dwellings and would
have adequate parking etc. Another policy with sweeping effect could be to ensure that the rules
are not so severe that desirable new development would be discouraged.
5.2 Goals for the Town of Flower's Cove
Complementing the vision, this Municipal Plan endeavours to deal with development concerns
following these more specific goals and objectives related to land use:
A) Growth and Urban Structure
Goal:
To provide for orderly growth and development within the
community.
Objectives:
a) Council will undertake to use this Municipal Plan to guide its
exercise of powers and responsibilities for the provision of
services, the allocation of land uses, and the general
development of the community.
b) Land uses in the historic core of the community and along the
southern part of the Viking Trail will be allocated for mixed
development, so as to support the residential quality of life of
the community and to preserve and enhance positive features,
including the natural environment and amenities of the
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
community, while at the same time being open to considering
proposals for new investment and business.
c) Compact development of the community will be promoted, in
order to provide municipal central water services to properties
as efficiently as possible.
d) Commercial and light industrial development will be directed
primarily to areas along the northern part of the Viking Trail.
e) All development will be supported by on-site sewage disposal
systems, to be provided and operated privately by property
owners.
f) Measures shall be taken to prevent or adapt development in
areas which are expected to be adversely affected by natural
hazards, including the effects of climate change, in particular to
do with expected sea level rise and coastal erosion of low lying
lands.
B) Housing
Goal:
To provide for the long-term housing needs of the community.
Objectives: a) Housing shall be designed, sited and constructed to meet the
particular local conditions and needs of residents of the
community and to facilitate the greatest development of
available land resources through a wide variety of housing
forms.
b) To provide for new building lots by way of further subdivision
in outlying areas, designed so as to respond to demand.
C) Employment and Economic Development
Goal:
Objective:
To encourage institutional, commercial and industrial activities
that will meet the community's employment needs and provide
needed goods and services, and in particular to strengthen the
economic base and employment opportunities in the Town and
surrounding communities.
a) To monitor developments concerning regional industries,
including forestry, farming, fishing, marine services, tourism,
and other economic sectors, with a view to representing the
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
community promptly and responsibly on points affecting
investment, government regulation, environmental impact and
community development.
b) To provide for flexibility and rapid response to development
proposals, particularly those related to small business start-ups
and expansions, so as to facilitate business development.
c) To provide for commercial development in the community by
way of carefully considering proposals, but giving primacy in
the mixed development areas to the objective of protecting the
quality of residential life, to encourage economic development.
D) Environment and Natural Resources
Goal:
To protect and enhance the environment and natural resources of
the community.
Objectives:
a) To endeavour to adapt to natural hazards, including the
expected effects of climate change, to minimize negative
impacts on the community.
b) To vigorously protect and enhance the management of the
community's protected public water supply area.
c) To control development in order to minimize its detrimental
effect on the environment and to be good stewards of the
natural resources within the community, in particular the
extraction of minerals and aggregates and use of forest
resources.
d) To severely limit development on lands featuring steep slopes,
wetlands, or watercourses.
e) To work in conjunction with the regional solid waste
management authority to implement modern management
facilities and programs, and to augment those improvements by
establishing efficient and effective means of minimizing the
amount of waste from the Town directed to final disposal, by
recognizing the resource values of recyclable and compostable
materials and establishing local programs related to them.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
E) Recreational Open Space and Cultural Facilities
Goal:
To establish, preserve and improve natural spaces, recreational
facilities, and cultural expression to meet local needs.
Objective: a) To continually adjust and improve recreational and cultural
opportunities in the community for all age and ability groups.
b) To endeavour to maintain and protect areas now established as
heritage and open space areas for public appreciation of the
community's history and for recreation.
c) To ensure ready public access to, and accord protective status
to, valued trails when considering development applications
F) Transportation and Highway Safety
Goal:
Objective:
To provide a safe and efficient transportation network to move
people and goods into, out of and throughout the community.
a) To develop a list of priorities for road improvements and traffic
safety on the Viking Trail and town public streets, and
represent the community's interests in an assertive liaison with
the provincial government highways authorities.
b) To work constructively with the provincial government to
secure adequate funding to maintain Town-owned roads in
good condition.
G) Fire Protection Services
Goal:
Objective:
To help the Regional Fire Department maintain effective fire
protection for the region.
a) To work in conjunction with the regional fire department to
implement facilities, programs, equipment and training and to
augment those improvements by establishing efficient and
effective means of fire protection services.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
H) Municipal Finance
Goal:
To effectively manage the financial resources and commitments of
the community.
Objectives:
a) To implement municipal improvements which match both the
policies and priorities of the Municipal Plan and the financial
capabilities of the community.
b) To improve the cost effectiveness of municipal servicing by
implementing compact, carefully planned serviced
development.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
6.0 DEVELOPMENT CONCEPT AND POLICIES
This Part sets out the development concept to be achieved by policies specific to the various land
use designations set out in this Municipal Plan, as well as policies applicable to all areas in the
community.
6.1 Development Concept
The areas in the Municipal Planning Area will be designated as one of the following:
- Mixed Development
- Commercial/Light Industrial
- Water Supply
The primary objective is to proactively accommodate growth and encourage economic
development, by allocating much of the Planning Area as Mixed Development. Priority in that
area is given to protecting and improving the quality of residential life as the paramount
objective. In the area along the northern part of the Viking Trail where commercial and light
industrial development should be concentrated, primacy is given to those commercial and light
industrial uses. The water supply watershed area is also to be strictly protected as it is a
practically irreplaceable and critical asset needed for the community's sustainability.
Low density housing will be encouraged and facilitated in the mixed development area, as
should recreational open space developments. Non-residential development which will be
encouraged but closely reviewed on application should include obviously desirable
developments such as business uses of a benign nature, as well as churches, schools, recreation,
cultural facilities, and home businesses. A cautious approach will be taken to control adverse
effects on residential development in the immediate area of such uses.
Requiring non-residential development proposals to be subjected to lengthy approval processes
is contrary to the objective of efficient and timely administration, so discretionary approvals will
be used to deal with classes of uses which will be considered, as opposed to those being outright
permitted. The use of discretionary approvals will be employed to provide the needed scrutiny
of applications, rather than amendments to the Development Regulations or Municipal Plan.
This approach is intended to expedite decision making and encourage development of desirable
types.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
The Commercial/Light Industrial area along the northern part of the Viking Trail will be
allocated for those classes of uses, to reflect the intended economic development objectives. In
rare cases, residential development may be approved where specific existing parcels of land are
not of sufficient size or are otherwise unsuitable for non-residential development.
The protected water supply area will be designated as Water Supply, with stringent controls on
use of land it its area, giving primacy to its public water supply function. Development of uses
related to forestry management and concurrent use for trails or low impact recreational purposes,
may be considered provided the water supply function is given priority.
The Mixed Development, Commercial/Light Industrial, and Water Supply designations are
shown on the Future Land Use Maps.
6.2 Policies Specific To Land Use Designations
The following policies reflect the intended overall development pattern described earlier, and
apply only to development within the respective land use designations under which they appear,
unless stated otherwise. The land use designations correspond with those on the Future Land Use
Maps.
All policy sets include consideration of certain types of development as discretionary uses. In
evaluating applications for such uses, Council shall consider the intended development concept
described above and the specific policies set out for the respective land use designation. Council
may call for and review detailed information as may be needed to evaluate proposals, as listed in
the Appendix to this Municipal Plan, the Site Plan Evaluation Criteria list.
6.2.1 Mixed Development
The majority of development in the community core is housing. A number of large and small
commercial and institutional uses have developed over time, scattered among the dwellings.
New development within this mixture of land uses has the potential to create significant land use
conflicts and the regulation of this type of development is sometimes difficult.
It is the intention in this Municipal Plan to consider, on a discretionary basis, a broad range of
small scale non residential uses in the Mixed Development area, including free standing
developments (where the non residential use is the only use on the property) and operation of
home based businesses.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
Opportunities may arise for larger scale non residential developments to locate in this area, and
proposals will be considered on their merits. However, such matters may have substantial
implications for nearby residents and for the community as a whole, and will be closely
scrutinized.
The following policies will guide the growth and development in the Mixed Development areas:
1) Residential dwelling division and conservation class uses will be permitted.
2) At Council's discretion, the following uses may be permitted:
a. Assembly group
b. Institutional group
c. Business and personal service group
d. Mercantile group
e. Industrial group, excluding the class of hazardous industry
f. General residential division
g. Recreational open space class
h. Antenna class
i. Transportation class
j.
Agricultural class
k. Animal class
3) Discretionary uses must respect residential amenity, safety and privacy; must not be a
hazard or nuisance to residences; and, must be separated an adequate distance from
residences. Limited outdoor storage and other business related activity may be permitted
provided it is adequately screened from sight.
4) Home based businesses may be permitted at Council's discretion
6.2.2 Commercial/Light Industrial
Commercial/light industrial uses, which for the purpose of this Municipal Plan includes large
scale retail, warehousing and storage, office uses, personal service, medical and professional
service, and light industrial uses, are found throughout the community, with no predominant
business area featuring these uses.
Several new commercial and light industrial developments oriented to highway commercial
traffic and local services have been built along the northern part of the Viking Trail as it
traverses the Planning Area. It is expected that there will be a strong demand for servicing and
opening of more lots and developments in that area for this purpose. Those lands are intended to
function as the primary location for new larger scale commercial development, as well as
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
industries and large scale public uses such as colleges and community centres. That part of the
Viking Trail is practically the only area of the Planning Area with locational and infrastructure
attributes which favour that type of development, which is important to the economic
development of the community.
Although the primary intended development in this area is not for residential use, some latitude
will nevertheless be given to permitting through discretionary approval new residential uses if
the proposed site is not practically useful for non-residential uses.
As development proposals come forward, it may be found that the boundary of the abutting
Mixed Development area needs to be regarded as flexible and can be expeditiously changed to
facilitate a proposed development. In such cases, the dividing boundary between the two
designations may be revised by amendments to the Development Regulations.
The following policies apply to development in the designated Commercial/Light Industrial area
shown on the Future Land Use Maps:
1)
All new development shall front on the Viking Trail or a service street accessing it and
where possible, new development shall be connected to the central water system. Sewage
disposal shall be by way of on-site sewage disposal systems.
2)
Adequate off-street parking shall be provided for all commercial and industrial uses in
order to prevent parking and traffic problems.
3)
The following uses will be permitted:
a) Assembly group excluding amusement class
b) Institutional group
c) Business and personal service group excluding take-out food service class
d) Mercantile group
e) Service station class
f) Light industry class
g) Antenna class.
4) At Council's discretion, uses in the general residential division and the following classes may
be permitted: take-out food service, amusement, and animal.
6.2.3 Water Supply
Development in the French Island Pond Protected Public Water Supply Area shall be strictly
controlled, and largely restricted to public water supply purposes.
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Consequently, the following policies apply:
1)
The area related to the French Island Pond Protected Public Water Supply Area as
shown on the Future Land Use Maps shall be designated Water Supply. Council will
protect the Water Supply areas from existing uses and any future development that could
adversely affect water quality. Testing and observation will be undertaken to monitor the
quality of the water in order to ensure a safe and adequate supply for the community.
2)
The only permitted use shall be uses related to the waterworks and in the
conservation class.
3)
Forestry class uses may be permitted at the discretion of Council, where they will
not endanger or reduce the quantity or quality of water available for the community's
current and future needs. A professional forestry management plan will be required to
support such proposals.
4)
No development shall be permitted within 15 metres of the shore except for
waterworks purposes.
5)
The existing use of motorized vehicles on the trails within the Water Supply will
be permitted. In that regard, Council will allow operation of snow machines on the
existing Snowmobile Traditional Trail and ATVs on the Flower's Cove ATV Trail, in
neither case on the pond, for the purpose of accessing inland areas beyond the Water
Supply area. Refuelling or storage of vehicles and cleaning of game in the Water Supply
will not be permitted. The feasibility of relocating these trails to alignments outside the
watershed will be explored.
6.3 General Land Use Policies
Unless otherwise stated, the following policies apply throughout the entire Planning Area:
6.3.1 Natural Hazards to Building
The following policies are intended to prevent or mitigate exposure to hazards of landslides, rock
falls, avalanches, flooding, coastal erosion and climate change:
1) Professional review and advice will be required for Council to evaluate any proposal for
the erection of a structure on a site which is potentially subject to natural hazards
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Municipal Plan for 2016-2026, Town of Flower's Cove
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including flooding, sea level rise, coastal erosion or any other physical hazard near
watercourses and the sea;
2) The specific requirement concerning sea level rise and coastal erosion is that new
development must be above the current 2 metre contour, and set back at least 30 metres
from the seashore to provide a buffer against coastal erosion, except development
needing direct access to salt water and the following may be approved at Council's
discretion:
a. public works and utilities;
b. municipal park;
c. mineral exploration.
3) Any proposal for development of a site having a slope in excess of 15% must be certified
by a geotechnical professional engineer as having low risk of landslide, avalanche, and
rockfall;
The Development Regulations will detail the specific requirements in regard to the policies.
6.3.2 Municipal Services
-
Some of the costs of running a municipal government are proportional to the overall length of
publicly maintained roads that must be upgraded, maintained, provided with street lights, water,
and electric utilities. Generally, the more spread out a settlement becomes, the more these costs
increase.
Council intends to keep these costs from increasing through implementation of the following
policies:
1.
Vacant land and sites made suitable for additional development due to installation
of municipal water servicing are intended to be almost fully utilized before public
infrastructure services may be extended to new areas.
2.
All new streets must connect to another street where applicable, preferably in a
loop pattern, and dead end streets shall terminate in a cul-de-sac.
3.
A use presently located in a predominantly residential area or along a serviced
road, and which does not require municipal services shall be encouraged to relocate to an
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area that is not serviced, so that land that is, or will be, serviced can be used for more
appropriate development.
4.
Extensions to the water and road system which are not part of the Town's capital
works program shall be the financial responsibility of the developer, although the Town
may access senior government financial assistance where possible, to encourage and
assist desired works. Nevertheless, any such infrastructure which is intended to be
conveyed to the Town shall be designed and constructed to modern engineering
requirements, and shall be subject to approval by Council.
5. All buildings located in the Mixed Development designation and that have or are
required to have plumbing systems will be required to connect to any available municipal
water system or a properly designed and approved on-site sewage system.
6. With the exception of land uses associated with agriculture, forestry, saw milling,
mineral workings or other resource or similar uses for which street frontage would be
unnecessary or undesirable, all buildings shall have motor vehicle access to a publicly
owned and maintained road, unless other policies and requirements of this Plan specify
otherwise.
7. Municipal and public utility works (including associated structures) for such purposes
as provision of telephone, pollution control and electric utility facilities may be allowed
at any location throughout the community provided due consideration is given to danger,
nuisance and aesthetics, and reasonable alternatives and then subject to such conditions
as Council sees fit to secure an acceptable development. Where possible, location of pole
lines at the rear of building lots will be encouraged, versus locating poles along streets.
6.3.3 Streets
Local streets will be designed to maximize the safety and efficiency of vehicular and pedestrian
traffic. Council will continue to develop and improve the ways and means by which certain
roadways may be used by ATVs in a peaceful and safe manner.
6.3.4 Heritage Structures and Sites
Houses and other buildings and structures and sites which were built and are used in a traditional
or distinctive architectural style or otherwise, and deemed to have historic or aesthetic value by
Council, may be considered heritage structures or sites. It is Council's policy to seek to protect
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Municipal Plan for 2016-2026, Town of Flower's Cove
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heritage structures and sites for aesthetic and historic reasons and for their economic value as
tourist attractions. Council may enact regulations under the Municipalities Act for such purposes.
6.3.5 Visual Effects of New Development and Property Maintenance
Where a proposed development is of a size or nature that could in any way have negative effects
beyond the boundaries of the site upon which it is located (such as the creation of noise, smoke,
dust, fumes or unsightliness), Council may hold an advertised public briefing to ensure interested
persons are aware of the potential effects of the proposal and that their concerns are taken into
consideration before any decision is made on a development application, whether or not the
proposed use is permitted as of right. Screening through such means as retention of original trees
and other plant growth or erection of fences or any other measures to render off-site effects
acceptable will be required.
All properties shall be maintained in clean and orderly appearance. The exteriors of buildings,
particularly commercial properties and any business catering to tourists, as well as yards and
grounds, shall be properly finished and maintained to the satisfaction of Council. Owners of
dilapidated structures shall be required to repair them or remove them if they present a safety
hazard, on Council order pursuant to the Municipalities Act, Section 404.
Council will ensure that buildings and property owned by the Council are well maintained and
landscaped, where possible, as a general example to the community.
Wrecked or inoperable vehicles, machinery, debris, or equipment of any kind shall not be stored
or abandoned. Any vehicles or other machines that have value as a source of replacement parts,
shall be stored out of sight from streets or adjacent development, and only at the rear of any
buildings on the properties. Owners of such property shall be required to remedy the offence or
remove the items, on Council order pursuant to the Municipalities Act, Section 404.
6.3.6 Development Near Waterbodies
The Development Regulations will require that development will not be permitted within I5
metres of the highwater mark of the seashore or any permanent or semi--permanent watercourse
or waterbody within the Planning Area except for the following, and then only with the approval
from the Water Resources Division, Department of Environment or Federal Department of
Fisheries and Oceans:
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Municipal Plan for 2016-2026, Town of Flower's Cove
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1. Wharves and docks, boathouses, and sheds to allow for traditional marine operations;
2. Public works and utilities.
6.3.7 Protection of the Natural Environment
Protection of the natural environment is a high priority. The quality of air, land, and water in and
around the community, and aesthetic considerations, are important to the health, culture, and
economy of the area. The role of a Council in this regard is intertwined with roles and
authorities of the governments of Canada and the Province of Newfoundland and Labrador.
The provincial government regulates or provides guidelines for numerous activities concerning
pollution prevention or environmental impact on topics including but not limited to the
following:
a)
Development within 15 metres of a waterbody or watercourse if in a Crown land
reservation;
b)
Discharge of any effluent off the subject property;
c)
Work in any body of water;
d)
Infilling of water bodies or diversion of streams (usually not approvable if for residential
development);
e)
Construction of wharves, breakwaters, slipways and boathouses as noted earlier;
Infilling or dredging associated with marine structures or other works;
g)
Any development in a protected public water supply area;
h)
Providing waste receptacles in work areas;
i)
Waste diversion actions including recycling, reuse or resale programs;
j)
Open burning of waste;
k)
Pesticide and halocarbons use, purchase and storage;
I)
Petroleum (including used oil) storage and dispensing;
m)
Effects of climate change; and,
n)
Energy efficiency in buildings.
These matters will be identified in the Development Regulations as a reminder that such
requirements may apply to proposed developments.
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Municipal Plan for 2016-2026, Town of Flower's Cove
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Where Council is in a position to act or intervene or make submissions on proposed projects or
policies of senior governments, the following policies will be observed:
1. A proposed development shall not pollute any part of the community. Permission or
consent to develop may be conditional upon measures to prevent pollution. In cases
where expert advice is needed to deal with large or special types of projects where
environmental protection concerns are complex, the proposals will be carefully studied
and as well brought to the attention of the appropriate provincial or federal authorities, or
both, for review and comment.
2. Garbage, refuse, abandoned vehicles and any other discarded materials of any kind shall
be disposed of only at the waste disposal site approved by the Department of
Environment. Such material shall not under any circumstances be used as fill for
buildings and lots.
3. All development shall be landscaped where possible. 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 repair or remove them if they
present a safety hazard.
4. Council will ensure that buildings and property owned by the Town are well maintained
and landscaped, where possible, as a general example to the community.
5. Wrecked or inoperable vehicles, machinery or equipment of any kind shall not be stored
or abandoned where it may be in public view.
6. Where a proposed development is of a size or nature that could in any way have negative
effects beyond the boundaries of the site upon which it is located (such as the production
or creation of noise, smoke, dust, fumes or unsightliness) Council shall hold a public
briefing or otherwise consult with surrounding residents to ensure they are aware of the
potential effects of the proposal and that their concerns are taken into consideration
before any decision is made.
7. Screening through such means as retention of original trees and other plant growth or
erection of fences or any other measures to render off-site effects acceptable will be
required.
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Municipal Plan for 2016-2026, Town of Flower's Cove
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8. All fuel storage tanks larger than 2500 litres located within the Planning Area shall be
required to have adequate containment by way of bunds, internal containment by double
walls, dyking or similar engineered designs.
6.3.8 Public utilities
Municipal and public utility works (including associated structures) for such purposes as
provision of telephone, water treatment, pollution control and electric utility facilities may be
permitted at any location throughout the community provided due consideration is given to
potential danger and nuisance, the effect on aesthetics, and provided there are no reasonable
alternatives and then only subject to such conditions as Council sees fit to secure an acceptable
development.
6.3.9 Archaeology Sites
It is important that archaeological findings are to be respected as they form a key part of the
community's and province's heritage. All applications for development within the community
must therefore be referred to the Provincial Government Archaeology Office for review before
permits for development are approved.
Further, should any artifacts be discovered while approved construction is underway, work is to
stop until the assessment has been conducted. This will be specified in the Development
Regulations.
6.3.10 Advertisements
All signs and advertisements are to be tastefully presented (in terms of lettering and overall
design), properly situated and well maintained in order to prevent unwanted visual effects, and
must be approved by Council. More detailed requirements will be included in the Development
Regulations.
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Municipal Plan for 2016-2026, Town of Flower's Cove
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6.3.11 Forestry Land Uses
Regulation of forestry operations, including issuance of fire wood harvesting permits or
consideration of resource management, is not a function which the Town wishes to undertake,
and thus the Municipal Plan imposes no regulatory effect. However, the state of forestry
operations will be monitored to determine whether there is a future need to consider amending
this policy.
6.3.12 Mineral Exploration and Extraction
Undeveloped lands that surround the community core provide valuable resources and are used
extensively by the local community for recreational purposes and resource uses, including
aggregates. They are also the lands where minerals may be found, and the impacts of
exploration and mining may be substantial.
The following policies will apply to mineral exploration and workings:
1. Council shall prohibit all but very small scale mineral workings and related activities
from taking place within general view of developed areas of the community. Unless
absolutely necessary, existing quarry sites should be exhausted before new sites are
developed.
2. Mineral extraction operations shall be conducted in a manner which will minimize the
adverse effects on water quality, fish and wildlife, and be buffered from adjacent
water supply areas and the Mixed Development areas. All mineral operations will be
required to complete a site rehabilitation plan as a part of the development
application. Council, when issuing a permit for any mineral extraction or mining
operation, may attach such conditions as are in its opinion necessary to properly
regulate the operation. Such conditions in particular may refer to the following
subjects and matters:
-
Landscaping, screening and fencing;
-
Rehabilitation;
- Noise, dust and pollution control.
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Municipal Plan for 2016-2026, Town of Flower's Cove
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6.3.13 Valued Trails
A number of walking, snowmobile and all terrain vehicle (ATV) trails have been developed
throughout the Planning Area. These include trails for motorized off-road vehicles, the Flower's
Cove ATV Trail and the Snowmobile Traditional Trail. Walking trails include those associated
with the Thrombolites and the White Rocks site on the Limestone Barrens. They are valued for
their recreational and cultural significance.
Some trails of interest to the Town are located on the alignments of public highways and streets
and others pass over lands in both private and public ownership. Some parts of the trails cross
through the protected public water supply area, a matter of some concern due to potential
negative impact on water quality. The former (those on public highways and streets) are
generally free of blockage or encroachment.
The latter, the off-road walking and motorized vehicle trails, are of particular concern in that
their functionality could be compromised by future development by land owners. Those trails
represent considerable effort and investment. Measures will be included in the Development
Regulations to prevent or mitigate encroachment along their alignments, which would reduce
their amenity value or safety.
In order to implement this policy, the valued off-road trails will be designated Public Trails for
the purpose of the Municipal Plan and the Development Regulations, and will be marked on the
Zoning Maps in the Development Regulations. Further, the Development Regulations will state
a minimum distance from the centrelines of the designated trails within which development of
buildings or alterations to land elevations or creation of other obstructions would be prohibited.
Revising, adding or deleting said Public Trails on the Zoning Maps may be accomplished by way
of "stand alone" amendments to the Development Regulations and shall not require an
amendment to the Municipal Plan.
Concerning development of new off-road trails, Council's policy is to work with land owners
and recreational interests with the objective of peaceful and respectful co-location and
maintenance and improvement of the quality of outdoor experience which they render.
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Municipal Plan for 2016-2026, Town of Flower's Cove
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3.4.14 Uses Related to Keeping of Animals
People keep animals for a variety of reasons: as pets for the company and enjoyment of the
animals, practically as members of the household, and as economic assets providing food, fur
and other materials as well as labour for the benefit of the owner.
Keeping of pets is rarely a matter of concern in a Municipal Plan, as the activity tends to be self-
regulating; when there is a concern, it generally arises out of public health and nuisance effects
where pets are not properly housed or given appropriate care. In those cases, public health
regulations and other laws enable authorities to deal with the sanitary and nuisance effects, and
municipal planning laws such as the Development Regulations are not intended to be used as
tools to deal with the situation.
The Development Regulations will therefore consider keeping of pets to be an accessory use
where applicable to the main use of a property.
However, when animals are bred, raised or kept for economic gain or in larger numbers than
customarily recognized as accessory uses, it is appropriate to regulate this activity in the
Development Regulations. The Development Regulations will therefore include requirements
related to keeping of animals for agricultural purposes and for pounds, kennels, zoos, veterinary
establishments, and sanctuaries. In most cases, keeping of animals for these purposes will be
regulated as discretionary uses; the principal case where such a use will be permitted will be that
an agricultural class and animal class use will be permitted at Council's discretion in the Mixed
Development Use Zone. The Development Regulations will include a requirement that the land
area requirements for such developments be based on the Environmental Farm Practices
Guidelines for Livestock and Poultry Producers in Newfoundland and Labrador.
3.4.15 Removal of Quarry Materials
Quarry materials produced as a by-product of an approved development may be removed from
the development site provided that royalties are paid to the province as required by the Quarry
Materials Act, 1998. For example, site preparation to construct a building involves removing
topsoil, overburden, and possibly rock from the footprint area; these materials may be retained or
re-used on the development site (no royalties due) or removed from the site (royalties due).
Quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand, clay,
borrow material, topsoil, overburden, subsoil, peat.
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Municipal Plan for 2016-2026, Town of Flower's Cove
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In order to ensure that royalties due the province are paid, it is necessary that the Department of
Natural Resources be made aware of approved developments where the removal of quarry
materials is taking place or may take place. The Development Regulations will contain a
statement to the effect that Council will notify the Department when such is the case.
6.3.16 Non-conforming Uses
Existing development which does not conform with the requirements of the Municipal Plan and
Development Regulations may be continued as non conforming uses. Restrictions shall be
designed to limit its potential for replacement and expansion (to be specified in the Development
Regulations). Where a Non-Conforming Use is causing a nuisance or otherwise infringing on or
preventing allowable development, Council will encourage its relocation or discontinuance.
6.3.17 Policies Extra to Municipal Plan for Information
The policies set out in this Municipal Plan are set out as enabled by the Urban and Rural
Planning Act, 2000. The Town may, or has already, adopted other policies as enabled by other
legislation, some of which relate to certain aspects of development. The administration and
enforcement of those other policies do not arise from the Municipal Plan nor the Development
Regulations.
In order to minimize the risk of overlooking those other policies when dealing with permitting
under this Municipal Plan and the Development Regulations, the other policies (if any) will be
quoted in the part of the Development Regulations which indicate development requirements
applicable to all zones. Amendment or repeal of those policies, or the introduction of new
policies of like kind, do not involve amendment of the Municipal Plan or the Development
Regulations.
6.3.18 Temporary Uses
Generally, the Municipal Plan and Development Regulations contemplate developments of a
permanent nature. Council wishes to be able to consider, at their discretion, these situations
involving the placement of a motor vehicle or travel trailer or equipment for short term events
such as community festivals, together with their appurtenances, for a short duration. Provisions
will be included in the Development Regulations for suitable discretionary approval criteria and
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
maximum time periods applicable to these cases, applicable to locations anywhere in the
planning area where residential uses are permissible or may be approved as discretionary uses.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
7.0 MUNICIPAL PLAN IMPLEMENTATION
7.1 Introduction
In order to enforce and implement the policies of the Municipal Plan, Land Use Zoning,
Subdivision and Advertisement Regulations (referred to as Development Regulations), and a
capital works program, are required. The Development Regulations and the capital works
program must conform to Municipal Plan policies.
7.2 Development Regulations
Development Regulations ensure that development takes place in accordance with the goals and
objectives and within 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 Ad. Like the Municipal Plan, the Development
Regulations are binding upon the Council and all other persons and organizations unless
specifically exempted by superior legislation.
Development Regulations consist of five parts: General Regulations, General Development
Standards, Advertisement Regulations, Subdivision of Land Regulations and Land Use Zones.
The first four are similar for all communities in the province, though variations are found.
However, the Land Use Zone section (Schedule C), will be extensively tailored to conform to
this Municipal Plan.
I. General Regulations
Among other things, the General Regulations govern matters relating to the
power and authority of a municipality to regulate development within its
community and establish conditions relating to the issuing of permits and local
appeal boards.
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.
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Municipal Plan for 2016-2026, Town of Flower's Cove
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III. Advertisement Regulations
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 community.
IV. Subdivision of Land Regulations
Subdivision regulations govern the development and division of parcels of land
into two or more lots for the purpose of development. They include standards for
street improvements, lot sizes and lot layouts, procedures for dedicating land for
public purposes, acceptance of proposed engineering works and other necessary
requirements as prescribed.
V. Land Uses Zones
Zoning is a means of implementing Municipal Plan policies. Land Use Zone
tables are presented in Schedule C of the Development Regulations. For each
land use zone a list of Permitted and Discretionary uses are listed.
In addition, the Development Regulations will now include certain standard content required by
virtue of regulations made by the then Minister of Municipal and Intergovernmental Affairs to
apply to all municipalities. That text, being Newfoundland Regulation 3/01, made under the
Urban and Rural Planning Act, 2000, came into force on January 1, 2001, and is included in all
municipal Development Regulations, to bring them more effectively to the attention of the
reader.
7.3 Development Control
Before any development can take place, an application must first be made to Council for a
development permit. Development may take place only after Council has reviewed the
application and issued a permit. If the approval is considered as a discretionary use, the proper
process of advertisement and hearing as required by the Urban and Rural Planning Act, 2000,
shall be carried out.
Anyone who fails to follow the required application process or who otherwise violates the
Municipal Plan and Development Regulations can be prosecuted and may be ordered to remove
any illegal structure and restore the site and buildings on it to their original state.
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Day-to-day administration of both the Municipal Plan and Development Regulations are the
responsibility of Council and its authorized staff members. It is the duty of authorized staff
members to implement the Municipal Plan through the Development Regulations, 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 site of the proposed
development and include a plot plan, showing the location of existing and proposed buildings
and structures on the proposed site.
Council will consider the application to determine whether or not it conforms with the
requirements of the Development Regulations and the policies of the Municipal Plan. If it
conforms, 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 Municipal Plan and
Development 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 require that Council's decision be varied or reversed.
Council has discretionary authority to grant a variance (not to be confused with a discretionary
approval) of up to 10% of a requirement applicable to a proposed development which does not
strictly comply with the development standards. However, the proposed development must
conform to the general intent of the Municipal Plan. A proposed development must not change
the permitted land use, or negatively impact on adjoining properties, by virtue of grant of a
variance. Where Council deems it useful and necessary so as to better consider the details of a
complex project, a Site Plan may be required of the applicant. Site Plan evaluation criteria are
appended to the Municipal Plan.
Municipalities in the province are encouraged to adopt the National Building Code. Its
requirements and administration are separate from those of the Municipal Plan and Development
Regulations. Often, building and planning regulations are considered in conjunction with each
other, as the prospective builder is usually considering them both, and the Town may integrate
information requirements on a common application form. However, the approval of a building
permit under the National Building Code does not signify an approval of a permit pursuant to the
Development Regulations, and vice versa.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
7.4 Public Works
Essential to the implementation of the Municipal Plan is the carrying out of annual public works
projects. The community's infrastructure improvement program and any future capital works
such as improvement of recreational facilities must conform with applicable policies and land
use designations of the Municipal Plan. Infrastructure projects must not contribute to sprawl,
since that would conflict with the Municipal Plan's goal of promoting compact development.
Council must also demonstrate its ability to cover its share of costs in any capital works requests.
It should also be recognized that extensions of the water systems required for (or as a part of)
new development (including residential subdivisions) are the responsibility of developers and not
the municipal or provincial governments. Upon completion of the water servicing program (or
individual phases of it) improvements to local roads should be undertaken in accordance with the
Town's financial capability (and in conformity with the Municipal Plan) on a prioritized basis.
7.5 Development Schemes
Sections 29 - 30 of the Urban and Rural Planning Act, 2000 provide Council with the authority
(upon adoption of a Municipal Plan) to prepare and adopt Development Schemes. Development
Schemes are detailed localized plans outlining the manner in which a specified part of the
community is to be developed. Through a Development Scheme, land may be reserved for such
things as public roadways, residential subdivisions, schools, parks or open space.
Development Schemes can also provide for the acquisition, subdivision, sale or lease of land and
buildings by the municipality. They are prepared and adopted in a manner similar to the process
of adopting a Municipal Plan, and when approved, form part of the Municipal Plan.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
8.0 INTERPRETATION
8.1 Land Use, Boundaries, and Roads
It is intended that the boundaries of the land use designations and location of roads and other
features shown on the Future Land Use Maps and the maps in the Development Regulations be
considered as somewhat flexible. Where feasible, the boundary lines of areas designated in this
Municipal Plan are laid out to follow lot boundaries and prominent physical features, including
roadways and shorelines, and shall be interpreted in that way. Where this does not apply,
measurement from the maps and relative location on the ground shall be considered.
Therefore, amendments to the Municipal Plan or Development Regulations will not be required
to support reasonable interpretation by Council and staff concerning boundaries of zones and
areas. The intent and policies of the Plan are to guide the interpretation of the mapped
information.
8.2 Figures and Quantities Approximate
It is considered that all figures and quantities herein shall be considered as approximate only and
not absolute. Rounding off fractions of requirements shall be done in a manner which respects
the intent of the underlying policies or requirements.
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Municipal Plan for 2016-2026, Town of Flower's Cove
As approved by Council 6 June 2017
APPENDIX
Site Plan Evaluation Criteria
When Site Plan approval is required, the owner or proponent shall prepare site development
plans, including landscaping, parking, lighting, roads and some or all of the additional items
listed below, according to the nature of the proposed development and directions of Council:
(a)
the dimension of the site;
(b)
the area of the site;
(c)
dimensions to indicate the location of all buildings;
(d)
dimensions of buildings to provide comprehensive information of their plan form,
including future buildings or expansions;
(e)
the distance between buildings and all yards;
(f)
other uses, a breakdown of floor area by proposed use;
(g)
gross floor area of buildings;
(h)
dimensions of all parking areas, access roads and driveways;
function and type of landscaped areas;
landscaping plan and specifications including;
surface treatment (asphalt, grass etc.)
tree and shrub types and sizes
location and number of trees to be retained or planted
dimensions of buffer zones, driveways, etc.
number and size of parking spaces and location
location and size of signage
location and width of all walkways, footpaths
location of loading zones
(k)
proposed contours and drainage of surface runoff ditching;
(I)
surrounding land uses;
(m)
site constraints, e.g. right-of-ways which exist on site or adjacent to it, easements, fire
routes;
(n)
location and intensity specifications for lighting;
(o)
location and use of outside storage areas;
(p)
perspective drawings and plans showing 4 point building elevations and 2-way cross
sections of all buildings shown on the Site Plan
(q)
provisions for ongoing operation of features of the development which may involve
commitments or obligations of the Town of Flower's Cove or its departments and
agencies.
All site development plans shall be submitted to Council for approval.
Page 54
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A.D. 20
Mayor, T n of Flower's Cove
Town ManagerlClerkClerk, Town of
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SCALE 1:35000 @81/2" X 11"
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PROJECT 14-012
MERCIAL/
INDUSTTAL
SEE MAPS 2 AND 3 FOR
GREATER DETAIL ON
SECTIONS OF THIS MAP.
VIEWING MAPS AS PDF
IMAGES ENABLES
ZOOMING IN TO SEE
DETAILS.
MAPS 2 AND 3 HAVE
IDENTICAL BOUNDARIES
AND LABELLING OF
AREAS AS SHOWN ON
THIS MAP
or
or
--
MIXED
--
\ \ DEVELOPMENT
--
-
-
-
PLANNING AREA BOUNDARY
Lines to-from:
Coincide with:
A-8
Municipal Boundary
B-C-D-E-F-G
No Other Boundary
G-H4
Municipal Boundary
I-J-K-L-M-N-O-P-Q Protected Public Water Supply Area
Q-R-S
Municipal Boundary
S-T
Protected Public Water Supply Area
T-U
No Other Boundary
U-A
Municipal Boundary along the sinuosilies of the
high water mark along the shoreline, and not
including any islands
LEGEND:
MIXED
DEVELOPMENT
COMMERCIAL/
IGHT INDUSTRIAL
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MIXED
DEVELOPMENT
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WATER
SUPPLY
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REV 6
REV 5
REV 4
REV 3
REV 2
REV 1
TOWN OF FLOWERS COVE
r--7
Dated at Flower's Cove, NL this
day of
FUTURE LAND USE DESIGNATIONS AS SHOWN:
WATER SUPPLY
MIXED DEVELOPMENT
COMMERCIAL/LIGHT INDUSTRIAL
rorr
-------
-- MUNICIPAL BOUNDARY EXCEPT
WHERE IT COINCIDES WITH
PLANNING AREA BOUNDARY
PLANNING AREA BOUNDARY
DESIGNATED AREAS
BOUNDARIES (EXTENDED TO
PLANNING AREA BOUNDARIES)
APPROVED BY COUNCIL
FOR ADOPTION BY COUNCIL
FOR DMA REVIEW AND RELEASE
FOR PUBLIC MEETING
FOR COUNCIL REVIEW
FOR COUNCIL REVIEW
TOWN OF
Flower's Cove
MUNICIPAL PLAN
FUTURE LAND USE MAPS
2016 - 2026
MAP 1
6 JUN 2017
1 MAY 2017
6 OCT 2016
20 SEPT 2016
23 JUL 2016
29 JUN 2016