Fogo Island, Newfoundland and Labrador
· adopted 2015-11-13
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Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
TOWN of FOGO ISLAND
Newfoundland and Labrador
MUNICIPAL PLAN
for
2015-2025
Photo credit: Town of Fogo Island website
APPROVED BY COUNCIL 25 AUGUST 2015
HMJ Consulting Limited
Project 11-009
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
Blank Page
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
TABLE OF CONTENTS
1.0 ADOPTION AND APPROVAL ............................................................................................ 1
1.1 COUNCIL RESOLUTION TO ADOPT; CLERK'S CERTIFICATE ................................ 1
1.2 COUNCIL RESOLUTION TO APPROVE; CLERK'S CERTIFICATE ........................... 3
1.3 PLANNER'S SEAL AND SIGNATURE ........................................................................... 4
2.0 LEGAL EFFECT OF MUNICIPAL PLAN ............................................................................ 5
2.1 Title and Components .......................................................................................................... 5
2.2 Supersedure of Old Municipal Plans; Review and Amendments ........................................ 5
2.3 Purpose and Effect of Municipal Plan and the ICSP ........................................................... 5
2.4 Municipal Planning Area ..................................................................................................... 7
3.0 HISTORICAL SKETCH ........................................................................................................ 8
4.0 FACTORS INFLUENCING MUNICIPAL PLAN POLICIES ............................................ 10
5.0 GOALS AND OBJECTIVES ............................................................................................... 15
5.1 Council's Vision, Goals, Objectives and Policies ............................................................. 15
5.2 Goals and Objectives for the Town of Fogo Island ........................................................... 16
6.0 DEVELOPMENT CONCEPT AND POLICIES.................................................................. 24
6.1 Community Development Areas......................................................................................... 24
6.2 Rural Areas ........................................................................................................................ 28
6.3 Restricted Special Areas .................................................................................................... 28
6.3.1 Protected Public Water Supply Restricted Special Areas .............................................. 29
6.3.2 Valued Natural and Heritage Restricted Special Area ................................................... 29
7.0 GENERAL REQUIREMENTS ............................................................................................ 31
7.1 Water and Sewer Servicing ................................................................................................. 31
7.2 Aesthetics ........................................................................................................................... 31
7.3 Non-conforming Uses ........................................................................................................ 32
7.4 Maintenance and Occupancy Regulation ........................................................................... 32
7.5 Protection of Fish Habitat and Natural Drainage System .................................................. 32
7.6 Accessory Uses .................................................................................................................. 33
7.7 Home Based Business ........................................................................................................ 33
7.8 Archaeological Resources .................................................................................................. 34
7.9 Advertisements ................................................................................................................. 34
7.10 Valued Trails .................................................................................................................... 34
8.0 IMPLEMENTATION ........................................................................................................... 35
8.1 Implementation Policies ..................................................................................................... 35
8.2 Review of Land Use Zoning & Subdivision Regulations ................................................... 35
8.3 Amendment of the Municipal Plan and Development Regulations................................... 36
8.4 Site Plan Evaluation ........................................................................................................... 36
8.5 Public Works ...................................................................................................................... 36
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
8.6 Appeals .............................................................................................................................. 36
8.7 Development Standards Policy .......................................................................................... 37
8.8 Enforcement of Plan and Regulations in Planning Areas .................................................. 37
8.9 Program of Public Works................................................................................................... 37
9.0 INTERPRETATION.............................................................................................................. 38
9.1 Land Use, Boundaries, and Roads ..................................................................................... 38
9.2 Figures and Quantities Approximate ................................................................................. 38
Appendix A: Procedure to Bring Municipal Plan Into Effect
Appendix B: Site Plan Evaluation Information
Maps at rear (see notes to reader concerning printing, on fly sheet page 44)
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
Page 1
1.0 ADOPTION AND APPROVAL
1.1 COUNCIL RESOLUTION TO ADOPT; CLERK'S CERTIFICATE
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council
of Fogo Island adopts the Municipal Plan for 2015 to 2025.
Resolved by the Town Council of Fogo Island on the 2nd day of June, 2015.
Signed and sealed this 2nd day of June, 2015.
Mayor: ______________________
(Council Seal)
Clerk: ______________________
Clerk's Certificate:
Certified that the attached Municipal Plan is a correct copy of the Municipal Plan for 2015 to
2025, adopted by the Council of the Town of Fogo Island, on the 2nd day of June, 2015.
Clerk _________________________
OFFICIAL COPIES SIGNED AND SEALED
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
Page 2
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Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
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1.2 COUNCIL RESOLUTION TO APPROVE; CLERK'S CERTIFICATE
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning
Act 2000, the Council of the Town of Fogo Island.
a)
adopted the Town of Fogo Island Municipal Plan for 2015 - 2025 on the 2nd day of June,
2015.
b)
gave notice of the adoption of the Town of Fogo Island Municipal Plan for 2015 - 2025
by advertisement inserted on the 10th and 17th day of June, 2015 in The Pilot newspaper.
c)
set the 30th day of June, 2015, at 7:30 p.m. at the Anglican Parish Hall, Fogo Island
Central, for the holding of a public hearing to consider objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Council
of the Town of Fogo Island approves the Town of Fogo Island Municipal Plan for 2015 - 2025 as
amended as follows:
1. all references and uses in the text and the maps to the term "Public Park Restricted
Special Area" shall be revised to refer to "Valued Natural and Heritage Restricted Special
Area" so as to more accurately reflect the intention of the goals and objectives of the
Municipal Plan for 2015-2025,
2. the last sentence in paragraph 2 on page 30, which deals with Foster's Pond, reading
"The owner of...held." is deleted as it is not relevant to explaining the significance of
Foster's Pond, and,
3. the words "related to the function of a public park" in the third line of the last paragraph
on page 30 be deleted and the following substituted in their place: "complementary to
the natural or heritage values associated with that area" so as to better reflect the intention
of the goals and objectives of the Municipal Plan for 2015-2025.
SIGNED AND SEALED this 25th day of August, 2015
Mayor: _x__________________
[Andrew Shea]
(Council Seal)
Clerk: _x____________________
[Amanda McGrath]
OFFICIAL COPIES SIGNED AND SEALED
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
Page 4
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.
Member of the Canadian Institute of Planners
_______________________
Jens Jensen,P.Eng.,MCIP
[date]
seal
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
Page 5
2.0 LEGAL EFFECT OF MUNICIPAL PLAN
2.1 Title and Components
This Municipal Plan, when brought properly into effect, shall be known as the Municipal Plan
of the Town of Fogo Island, 2015 - 2025. The following text and the Future Land Use Maps
contained herein constitute the Municipal Plan for the Fogo Island Municipal Planning Area.
2.2 Supersedure of Old Municipal Plans; Review and Amendments
This document and the maps contained with it form the Municipal Plan for the Town of Fogo
Island. It 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 repeals and replaces the Municipal
Plans for the former Town of Fogo, in effect since 1992, and, for the former Town of Joe Batt's
Arm-Barr'd Islands-Shoal Bay, in effect since 2008. It will also replace the legal effect of the
current Fogo Central Local Area Plan, 1986, and associated Order in Council 96-219, which the
Town Council has requested be extinguished upon the legal effective date of this Municipal Plan
for 2015 - 2025.
As indicated in the Foreword, the policies and land use designations described in this Municipal
Plan are not intended to remain static but are subject to continuous review and alteration as
required in the light of changing economic, social, and technological developments, as well as
the required five year reviews.
Planning for the Town should be seen as an ongoing process, not done with a "do it once and
then it's done forever" attitude. Like all municipal government administrative tools and
procedures. Councils must cope with ever-changing circumstances and visions of what might be.
This Municipal Plan will eventually become out of date, calling for a general review, and from
time to time sudden circumstances will necessitate a carefully considered ad hoc amendment.
2.3 Purpose and Effect of Municipal Plan and the ICSP
A Municipal Plan guides growth and development within a Municipal Planning Area. It
provides a means of preventing problems that could occur if conflicting land uses are developed
too close to each other or in a manner adversely affecting the social and economic development
objectives of Council. It directs future growth so that it occurs in a manner whereby social and
economic development efforts are supported, municipal services and land resources are used
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
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most efficiently, thus preventing unnecessary increases in servicing costs that can result from
development becoming needlessly spread out, and ensures that aspects of land development such
as safety, aesthetics and environmental protection are given proper consideration when
administering applications for development approval.
This Municipal Plan has been prepared concurrently with a special purpose document, an
Integrated Community Sustainability Plan. That Plan is a document prepared in accordance with
a requirement that municipalities prepare an Integrated Community Sustainability Plan (ICSP) in
order to qualify for revenue from the Gasoline Gas Tax Fund, pursuant to the Gas Tax
Agreement signed between the Province and Local Governments. The research and public
consultation processes involved in preparing the ICSP were very useful in developing this
Municipal Plan, as many topics and interests are common to both. 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.
The Municipal Plan presents legally binding statements regarding the Town's intentions with
respect to the location and manner in which development within its Municipal Planning Area
shall take place. The maps show the Municipal Planning Area divided into various land use
designations. Within each one only specified kinds of development may take place.
The Municipal Plan is a legal document, binding upon Council and any person or group using or
proposing to use land anywhere within the Municipal Planning Area. All development must
conform with the applicable policies of the Municipal Plan after the date upon which it comes
into effect.
When a Municipal Plan comes into effect, the Council is required to provide for its
administration in conjunction with the town's Development Regulations. The Development
Regulations are written in conformity with the Municipal Plan in the form of land use zoning,
subdivision, and advertisement regulations. After adoption by the Council, these regulations
must be submitted to the Minister for approval in like manner to the process for Municipal Plans.
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, which came
into force on January 1, 2001.
The day-to-day administration of the Municipal Plan, and subsequent 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 implementing regulations regarding all
development in the Municipal Planning Area.
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
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2.4 Municipal Planning Area
The territory subject to this Municipal Plan is that which is included within the boundaries of the
Fogo Island Planning Area as shown on Future Land Use Map 1. The Planning Area Boundary
has been established pursuant to Newfoundland and Labrador Regulation 13/13 filed January 13,
2013, as encompassing the area of the Town of Fogo Island and all islands within 800 metres of
the shoreline of the Town of Fogo Island.
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
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3.0 HISTORICAL SKETCH
For the purpose of this Municipal Plan, only a brief account of the island's history is needed, as
planning is essentially a forward looking action. This is not to say that history does not matter,
only that for this purpose history serves to provide context for the policies articulated in the Plan.
An account of the early history of European settlement is given in the material produced in the
1980s for the Central Local Area Plan, as follows:
Fogo Island was settled as early as 1680, at the site which is now the [former] Town of
Fogo. Joe Batt's Arm and Barr'd Islands developed as immigrants from England and
Ireland began to settle in the New World. By 1874, the Island had a population of about
3,500 people living in 18 small communities.
The mainstay of the Island's economy focused on the fishery and during the late 1800's
several large merchants operated on the Island. During this time agriculture was carried
out on a large enough scale to produce enough food to meet the needs of the Island's
population.
In the 1960s, there was pressure from the provincial government to resettle the population to the
mainland. At the time, the deterioration of the fishery and isolation from public services had
imposed dire economic conditions and poorly provided health and education facilities on the
island. A community development process, known as the Fogo Process, raised a self-awareness
of common problems and a vision for a viable future that saw islanders remaining on the island.
Against considerable odds, a fisheries cooperative was established and other local development
efforts were begun, that saw the vision realized. The fishery has been and continues to be the life
blood of the island economy. It is clear that the fact that the fishery survived at all, and the
island as a populated place rather than now being a resettled artifact, was not due to external
influences on the island fishing industry. It is well known to islanders, but it bears repeating, that
it was the island's own fishers who formed a producers co-operative to manage their struggle to
survive.
Though there was certainly resettlement of communities on and near the island, the communities
that are seen today are well established, functioning places. However, bringing the island to a
sustainable social and economic condition requires more than reliance on the fishery. All the
while since the establishment of the Co-op, other efforts to build and diversify the island
economy have been underway. These efforts, which include a major, new initiative by the
Shorefast Foundation (a not for profit entity whose purposes are cultural and economic
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
Page 9
development related to the tourism potential of the island), are described in the next part of this
Municipal Plan in the context of municipal planning policies.
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
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4.0 FACTORS INFLUENCING MUNICIPAL PLAN POLICIES
A Planning Background Report was prepared during the process of developing this Municipal
Plan. As said earlier, the Municipal Plan has been prepared in conjunction with the Town's
Integrated Community Sustainability Plan (ICSP). The ICSP document therefore serves a dual
purpose: it functions as an ICSP and simultaneously as the Planning Background Report which
is traditionally prepared in the course of preparing or reviewing a Municipal Plan and the
accompanying Development Regulations.
As the intention is to have the Municipal Plan be as concise as reasonably possible, much detail
underlying the Municipal Plan's policies will be found in the ICSP/Planning Background Report.
In this Municipal Plan, the focus will be on concisely identifying the factors specifically relevant
to the Municipal Plan, based on the consultative process and technical work carried out in the
preparation of it.
The central question in policy making is the future of the island's communities, which essentially
hinges on the economy of the island. Although the mainland is only a short ferry ride away, the
limitations of the ferry service basically prevent individuals from daily commuting to work off
island on a daily basis. Although some workers can and do commute for longer periods of a few
days or longer away, and there are some jobs that can be done in the information technology
sector by working remotely from customers or a faraway home base, the fact is that most
workers will work at jobs at a workplace on the island. That basically means primary attention
and effort must be related to the traditional economic base, the fishery, and to the evolution of
other economic activity based on on-island resources.
First, consider the fishery. Though much has been accomplished, the fisheries cooperative still
must compete with other suppliers of fish to the world market, and face the continuing threat of
downsizing of fish catch and processing quotas. It is a fact that the co-op is a not for profit,
community based co-operative which distributes its net income to its five to six hundred
members, but it can not force island fishers to support their collective effort to process and
market product. Not all island fishers do support the co-op, and take their catches elsewhere, and
should that become the prevalent behavior, the island fishery will suffer greatly, to the detriment
of its communities.
However, the co-op has not been static in its efforts to diversify the product and advance its
programs to strengthen the island fishery. New species are being pursued, including but not
limited to sea cucumbers, crab and shrimp, which had little significance when cod was king. The
co-op is attempting to buy back licenses with the objective of improving the per-fisher incomes
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
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now experienced. However, the co-op needs to be supported in its efforts to transform the fishery
into a strong and innovative industry.
All the while, other efforts to build and diversify the island economy have been underway. The
latest comprehensive analysis of opportunities and relevant strategies is the 2008 Fogo Island-
Change Islands Socio-Economic Strategic Plan which was initiated by the Fogo Island
Development Association (FIDA), and prepared under the auspices of the Kittiwake Economic
Development Corporation (KEDC). The KEDC Plan has been adopted as the strategic plan for
social and economic development by the Town of Fogo Island.
Though the report indicates the direction which might be taken by the fishery, it also brings
much insight to the other natural resources and the potential of tourism to provide a broader
economic base. It is important to note two categories of development opportunity, further to the
fishery, identified in the report.
Some natural resources other than the fishery: among others, opportunities in fur farming
(mink especially) and agriculture are worthy of exploration.
The tourism resource base, both in natural features and cultural attractions: the work of
many local organizations in promoting and developing various aspects of the tourism
resource has been underway for years. The recent initiatives by a relatively new
organization, the Shorefast Foundation, have introduced the concept and the initial
infrastructure for a high-end, geo-tourism experience which draws on the unique cultural
and natural features of the island.
Concerning tourism, it is important to note that the work of many local organizations in
promoting and developing various aspects of the tourism resource has been underway for years.
The KEDC report emphatically states that development of the tourism industry involves "...the
dual role of preserving/celebrating heritage and on developing Fogo Island-Change Islands as a
global tourism destination..." These roles are intertwined, in that the former provides a large
part of the appeal of the area to that category of tourist called the "geotourist". The KEDC
report elaborates, saying that such travelers are "...interested in practices such as the use of
energy and pesticides, local folklore and music, community land use practices, locally grown
food, recycling and waste disposal..."
Fogo Island's tourism assets include its rural character, cultural landscapes, concentrations of
heritage structures in a number of communities (especially Joe Batt's Arm, Tilting, and
Fogo). These support, in a very significant way, the island's growing tourism industry.
Some aspects of the protection and enhancement of the resources related to geotourism are
clearly related to municipal government, such as protection of the views of valued landscapes,
park-like natural areas, public trails, and heritage resources from development which would
diminish their appeal in the eyes of such tourists and as amenities enjoyed by island residents as
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
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well. Municipal government has the legal tools in its planning powers to do so, and of course
municipal government has an important political role to play in advocating the interests of
tourism development to senior government and investors. Conversely, other aspects of the
development of the tourism resource can best be accomplished by other organizations, such as
those devoted to preserving and presenting histories and the material culture and lifestyles of
islanders.
Shorefast's objectives and actions relate not only to economic development of the island
communities but also to their cultural sustainability. Indeed, it is a sustainable cultural resource
and unique natural resources upon which the success of tourism rests.
Among the resources related to Shorefast's initiatives is an area of land granted by the Province
of Newfoundland and Labrador to the former Town of Joe Batt's Arm-Barr'd Islands-Shoal Bay
in 2010, adjacent the property upon which a new Inn being developed as part of the Shorefast
programs is located. It is the intention and condition of the Grant that the land so granted be
"...developed and used as a Municipal Park." (quoting the Grant). The land is located within a
protected archeological site, requiring special attention to the provisions of the Historic
Resources Act of the Province of Newfoundland and Labrador. The granted land clearly must be
protected and used accordingly. The Shorefast Foundation has expressed commendable, similar
plans for use of the adjacent land upon which the Inn is located.
There are several features in communities and undeveloped areas lying outside community edges,
which require recognition of their special features in considering appropriate development
controls. These include the following:
Several areas falling under Protected Water Area regulations, ie: for Fogo (Freeman's
Pond), Joe Batt's Arm-Barr'd Islands-Shoal Bay (Long Pond), Seldom-Little Seldom
(Bullock Cove Pond), and Tilting (Sandy Cove Pond). There are certain developments
and activities which are prohibited in those areas by virtue of the Water Resources Act,
over which the Town has no control. The Town will augment those restrictions with its
own requirements in the Development Regulations. Similarly, the formerly used, but
unprotected under the Protected Water Area regulations, water supply area known as
Pilly's Pond, near Fogo, should be protected under the municipal planning documents as
it may again be required. Also, it is anticipated that central water supplies will be
developed for the communities of Island Harbour, Stag Harbour, and Deep Bay, when
resources and priorities permit; watersheds which would be involved will be identified
and protected under municipal planning documents at this time so as to prevent
incompatible development from occurring in those areas.
The eleven established communities have clear geographic identities and are separated by
rural areas. Use of planning policies to concentrate future development in those urban
communities will strengthen the viability of local services in them and avoid creation of
inefficiently served scattered development. A number of communities have been
serviced with central water and/or sewer systems, at considerable expense but for
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
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pressing reasons concerning drinking water quality and pollution of land and water.
Concentration of development in existing communities will enhance the financial case for
extension of water and services to areas in communities not already serviced, and to
establish these services in communities where they are not already available.
In the rural areas between communities, development will be limited to those uses which
properly should be located in rural areas, such as commercial farms including those
involving intensive livestock operations, large antennae, large wind turbines, scrapyards,
mineral workings, and aviation facilities. However, relatively pristine natural rural
landscapes are critically important to development of the tourism industry for it is those
landscapes that in part make the island such a special place both for residents and for
visitors. Those values will be preserved by measures to prohibit development within
view of public highways, except for development within the defined Community
Development Areas and for agricultural development of a visually unobtrusive scale
Within certain communities, clusters or individual locations of valued heritage buildings.
The best known of these is in Tilting, where a unique cultural landscape and historic
district in combination provide a rare opportunity to understand and appreciate valued
aspects of the history and lifestyles of the community. In that case, there is supporting
documentation which would enable the Town to devise suitable protective regulations to
preserve selected natural areas and mitigate the intrusion of unsympathetic architectural
forms in the urban area of the community. This is a process requiring extensive
consultation with the community to devise suitable measures. This is complicated by the
fact that dwellings built in modern styles have been built amongst heritage structures,
throughout the community of Tilting. However, clusters of heritage buildings can be
identified, giving some prospect that those clusters may be treated as heritage districts in
their own right. In other communities, similar clusters exist, and again this requires close
consultation and sensitivity to local aspirations and priorities The authority to designate
properties as heritage buildings, structures or lands, and to regulate development thereon,
lies in the Municipalities Act, and thus the regulations and administrative matters would
not appear in this Municipal Plan or the Development Regulations.
The effect of new development on individual heritage buildings located in isolation from
heritage districts or landscapes should be considered at the application stage, and efforts
made to mitigate any negative features.
Certain areas which should be regarded as park-like or heritage in nature and deserving of
protection from intrusive development have been identified and are designated as such in
this Municipal Plan. These areas are:
o Lion's Den - Wild Cove
o Fogo Head, near Fogo
o Brimstone Head, in Fogo
o Waterman's Brook, south of Fogo
o Brookes Point - Round Head - Sandy Cove, from Joe Batt's Arm to Tilting
o Foster's Pond Municipal Park, lands granted to the municipality adjacent to the
Shorefast Foundation Inn property
Municipal Plan for 2015-2025, Town of Fogo Island
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o Oliver's Cove and Gardens, in Tilting
o Farm Road and Sandy Cove, in Tilting
o Bunker Hill, in Tilting.
Ongoing efforts to define other valued park-like or heritage areas will reveal areas which
should be similarly preserved.
Regulation of wind turbines is needed to ensure that appropriate locational criteria are in
place to mitigate environmental and other concerns, such as visibility from public
highways. Briefly, the concerns essentially focus on noise, safety and aesthetics. Noise
is related to the sounds of the machinery in the wind turbines as well as the sound of the
wind impacting the blades and towers. A typical science-based approach is to require
that the noise from wind turbines should not exceed normal background levels. Safety
concerns relate mainly to small units, as safety is mainly related to ice shedding from the
blades, and large turbines are generally required to be set back beyond the relevant
distance because of noise considerations. Aesthetic considerations are quite subjective,
but not to be discounted: large wind turbines can reach as high as 100 metres from
ground to the tip of the top blade when it is vertical (tower height of 50 or more
metres plus blade length currently of up to 42 metres. The Development Regulations
should include provisions which provide for the opportunity for development of small
and large wind turbines, in view of the renewable energy objectives of islanders, while
also respecting the desire to mitigate or minimize substantial intrusion.
In this province, the key governmental local economic development agencies are the regional
economic development corporations, which are complemented by other arms and agencies of
government which have specific roles to play. For Fogo Island, that agency has until recently
been Kittiwake Economic Development Corporation, whose senior government financial support
has terminated. It is important that the Town be an active participant in the work of other public
agencies whose roles are very important to the island's future, continuously advocating and
initiating island opportunities.
Another important element in pursuit of economic development is Fogo Island's pool of
volunteers who take part in a large number of non-profit organizations whose purpose is in
general improvement of the quality of life and development of their community or subject of
interest. The Town recognizes the challenge faced by volunteers as a major issue affecting
economic development. There is no suggestion that municipal government can or should try to
directly provide all the services and inspiration that volunteers bring to their work, but local
government does need to support them in ways which are possible.
Municipal Plan for 2015-2025, Town of Fogo Island
AS APPROVED BY COUNCIL 25 AUGUST 2015
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5.0 GOALS AND OBJECTIVES
5.1 Council's Vision, Goals, Objectives and Policies
The ICSP/Planning Background Report indicates that a suitable vision for Council of the Town
of Fogo Island is as follows:
"The municipal government of the Town of Fogo Island will spare no effort to see the
island communities survive and prosper, by its own actions, by advocating the island's
needs to external parties whose help is needed, and by supporting volunteer efforts which
have the same objective."
While a vision is a useful statement in that it expresses the most basic motivation of the visioner,
it is not much use unless it leads to a systematic scheme in which its broad spirit is translated into
specific actions. This is accomplished in a hierarchy of subordinate statements, descending
through goals, objectives and policies.
Goals are frequently employed as the essential foundation for any planning endeavour whether it
is a personal career, a community plan, or a corporation's growth and facility strategy. It is the
"big picture" statement to which objectives relate. Objectives are the broad statements of
intended actions which will be taken to achieve the objective. Policies are the specific actions
that are taken to achieve the objective.
By way of example in the Fogo Island case, one goal is to enhance the quality of the natural
environment, one objective to follow from this goal is to identify areas which are especially
significant due to their historical or heritage appeal, while the complementary policy is to
designate specified areas wherein any development proposals would be evaluated against
stringent approval criteria which would include a requirement for protection or preservation of
the special characteristics which give the designated area in question its special appeal.
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5.2 Goals and Objectives for the Town of Fogo Island
TheTown of Fogo Island's goals and objectives in this Municipal Plan are as follows:
A) Employment and Economic Development
Goal:
To encourage institutional, commercial and industrial activities
that will meet and sustain the community's employment needs and
provide needed goods and services, and in particular to press for
strengthening the economic base and employment opportunities in
the Town.
Objective:
a) To generally use the 2008 Fogo Island-Change Islands Socio-
Economic Strategic Plan, which was initiated by the Fogo
Island Development Association (FIDA), and prepared under
the auspices of the Kittiwake Economic Development
Corporation (KEDC), as the strategic plan for social and
economic development by the Town of Fogo Island.
b) To support and promote the development and improvement of
the fishery, by advocating for policies and actions by senior
governments and businesses which would support and
strengthen the position of the island's fishers and shore based
fishery industries.
c) To encourage all available development associations and
agencies, to explore and support initiatives to develop a
sustainable island agricultural industry, including locally grown
and raised agricultural products.
d) To support and encourage the development efforts of the
tourism industry on the island, including but not limited to the
commendable initiatives of the Shorefast Foundation in its
cultural and economic development programs and projects, as
well as preserving and celebrating island culture for its own
inherent value.
e) To preserve and protect the valued landscapes and heritage
features on the island which are important to the strengthening
of the tourism industry, and minimizing regulatory impact on
the island's people and businesses to the extent that is
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compatible with that primary objective. In addition to the
attention often given in municipal planning to heritage buildings
and unique natural landscapes, in the case of Fogo Island this
Municipal Plan recognizes unique cultural landscapes including
the island's traditional agricultural practices and gardens.
Officially recognizing these attributes can encourage
community enhancement and beautification and maximizing of
development opportunities using heritage resources.
f) To provide for considerable flexibility in, and prompt
administration of, the Development Regulations affecting the
built-up area of the communities, such that opportunities for
home businesses and commercial and light industrial activities
of all sizes can be accommodated, while providing for scrutiny
of each case to prevent unacceptable outcomes.
B) Valued Natural Areas and Heritage Properties
Goal:
Further to A) above, to establish, preserve and improve valued natural
spaces, heritage properties, and recreational trails and areas to sustain the
natural and cultural resources related to economic development and to
preserve the same as amenities and to sustain Fogo Island's cultural legacy.
Objective:
a) To preserve near-pristine natural areas along public highways
between communities. Development of properties or structures
that are within view of such public highways and streets would
not be permitted, other than for development in designated
Community Development Areas and for agricultural
development of a visually unobtrusive scale. This is the
primary objective concerning development in rural areas.
b) To designate selected unique or culturally significant open
areas for the purpose of preservation of them in an
undeveloped condition, so as to maintain their amenity value
and to preserve the evidence of the human history and material
culture of early days in the settlement of the island
communities.
c) To be aware of the archaeological significance of certain areas
of the island, and to require prior review of applications
involving breaking soil, and proper notification of authorities
when artifacts are encountered in the course of development.
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d) To ensure ready public access to, and accord protective status
to, valued trails and natural landscapes, when considering
development applications.
e) To consider the significance of heritage properties and districts
in administration of applications for development approval.
f) To establish an ongoing study of heritage properties and
districts in all communities with a view to eventually
developing a comprehensive program of preservation and
interpretation of their historic significance, pursuant to the
enabling provisions of the Municipalities Act. In view of
current knowledge of such matters related to designated
heritage properties, some simple measures will be taken via the
Development Regulations to prevent development of structures
which would overshadow designated heritage properties.
Some properties are already designated, and Council will
consider further designations as cases are considered.
C) Urban Growth and Services
Goal:
To provide for orderly growth and development within the
Municipal Planning Area, and safeguarding the social, physical
and economic well-being of its residents.
Objectives:
a) To use this Municipal Plan to guide Council's exercise of
powers and responsibilities for the provision of services, the
allocation of land uses, and the general development of the
Town.
c) To regulate new development so as to encourage economic
development and to preserve and enhance positive features
reflecting the heritage and amenities of each community, while
also recognizing natural constraints and limitations, in order to
improve quality of life in the community and protect life and
property, and to minimize effects on the natural environment.
d) To ensure that buildings and structures of new construction
will be built to today's codes and good practices. Derelict
buildings or substandard structures will not be tolerated. Town
water and sewer services will not be connected to derelict
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buildings nor will driveways onto town streets be permitted to
provide access. A used structure will only be considered for
town permits if it is to be fully renovated, including the exterior
walls, roof, windows and doors, even though it may need to be
accomplished in stages,.
e) To promote compact development of each community within
defined Community Development Areas, for which the
boundaries will be set so as to provide for appropriate
peripheral areas for each community for future development.
Central water and sewer services in communities which already
have such services will be extended only where existing
systems have capacity for expansion, and such services will
eventually be installed in those communities not already
serviced, but in all cases only where the Town is satisfied that a
good case for investment of public monies can be demonstrated.
f) To provide for efficient and prompt decision making on
development applications by making the Development
Regulations concisely written and so as to deal with as many
development decisions by way of clearly identifying permitted
uses and requirements for their approval, and providing for as
many other approval processes by way of discretionary
approvals as possible, which enables quick approval where
conditions are met.
D) Housing and Social Conditions
Goal:
To endeavour to alleviate barriers to the wellbeing of residents and the
overall quality of life on the island, with respect to health, education,
justice, public safety and recreation.
Objectives:
a) To support and encourage development of suitable programs to
assist individuals who are at risk of adoption of undesirable
lifestyles.
b) To endeavour to directly provide selected recreation programs
and facilities as municipal operations, mainly focused on the
Stadium and winter ice-related programs and other programs or
facilities best provided on a centralized basis, and to encourage
and where possible assist other publicly available recreation
programs operated by others. Recognizing that there is a heavy
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reliance on volunteers to staff most organized activities,
whether at Town owned facilities or otherwise, the Town will
encourage and support these efforts in any way possible.
c) To recognize the need for alternative housing for seniors who
are in unsuitable housing or require some level of assisted
living to make it possible for seniors to remain as independent
and in their own community as is feasible, and to advocate this
need with senior governments and agencies who can assist.
d) To act to ensure that housing is designed, sited and constructed
to meet the particular local conditions and needs of residents of
the Town and to facilitate efficient development of available
land resources through a wide variety of housing forms.
Flexible regulatory requirements to facilitate subdivision will
be included in the Development Regulations, such as providing
for flag lots and bare land condominium and perpetual lease
and easement arrangements to provide legal access to
developable land lying behind existing structures or in
physically restricted locations.
e) To support island health and social services agencies, including
the hospital, in their work to provide proper and timely care.
Local medical treatment capability is limited by the availability
of professional staff. Recruiting personnel from outside the
community is influenced by the quality of life and amenities in
Town. The Town will do all possible to enhance local
conditions, including recreation programs, beautification,
availability of housing, education, and a welcoming attitude
toward newcomers, especially immigrant professionals who
need positive support in becoming settled in unfamiliar
physical and cultural conditions.
f) The Town will work toward having and maintaining high
quality emergency response services in the form of the local
fire departments, an ambulance service, and the island RCMP
force. This includes pressing for better ferry service, to more
quickly move emergency vehicles on and off the island.
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E) Environment and Natural Resources
Goal:
To protect and enhance the environment and natural resources of
the Municipal Planning Area.
Objectives:
a) To limit development and use of lands in rural areas outside of
each community's defined Community Development Area to
those which cannot be reasonably carried on within those areas.
Development in the rural areas will be limited to those uses
which properly should be located in rural areas, such as
commercial farms including those involving intensive livestock
operations, large antennae, large wind turbines, scrapyards,
mineral workings, and aviation facilities. However, the
primary objective concerning development in rural areas is that
set out in B) a) above.
b) To take part in the evolution of the solid waste management
system now underway through the solid waste management
authority, in which the Town and adjacent mainland areas are
partners.
c) To work with relevant agencies to establish progressive and
responsible programs so as to minimize environmental impact
and maximize waste diversion and recovery of the resource
values in solid waste and encouragement of backyard
composting, community gardening, and energy efficiency.
d) To systematically investigate the opportunities to improve
energy efficiency in Town buildings, water and sewer system
mechanical equipment, street lighting and mobile equipment.
e) To continue the vigilance and development control related to
the areas falling under Protected Water Area regulations, ie: for
Fogo (Freeman's Pond), Joe Batt's Arm-Barr'd Islands-Shoal
Bay (Long Pond), Seldom-Little Seldom (Bullock Cove Pond),
and Tilting (Sandy Cove Pond). Further the Town will act now
through its Development Regulations to protect watersheds not
now under Protected Water Area regulations but which may in
the future be necessary for water supply, specifically Pilly's
Pond near Fogo and watersheds related to Island Harbour,
Deep Bay and Stag Harbour.
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f) To include development controls which provide for the
opportunity for development of small and large wind turbines, in
view of the renewable energy objectives of islanders, while also
respecting the desire to mitigate or minimize substantial negative
effects.
g) To encourage and support the efforts of local development
groups to develop the geo-tourism and environmental ethic
themes by good stewardship and publicizing of efforts and
successes in this regard.
h) To prohibit infilling of water bodies except for the purpose of
carefully regulated wharves, stages and similar marine
structures for which the design will minimize their footprints.
F) Transportation and Highway Safety
Goal:
To provide a safe and efficient transportation network to move
people and goods into, out of and throughout the Municipal
Planning Area.
Objective:
a) To develop a list of priorities for road improvements in the
Municipal Planning Area and work toward maintaining the
public streets and highways in good condition.
b) To work constructively and assertively with the provincial
government, to improve the ferry service, upon which much of
the economic and social sustainability of the island
communities depends.
c) To study the street lighting provided by the
Town to identify areas where lighting is insufficient to enable
safe and convenient pedestrian traffic.
c) To seek improvements in existing traffic safety, such as traffic
signs and clearing sight line obstructions at intersections.
d) To support the function of the airstrip and its aviation
infrastructure, to ensure that year-round air access to the island
is of the highest quality possible.
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G) Electrical and Telecommunications Services
Goal:
To strive to have high quality, economical electrical and
telecommunications services on the island, which meet local needs
effectively and efficiently.
Objectives:
a) To advocate to carrier companies the need for modern
telecommunications services for all island households and
businesses, including upgrades as needed to provide islanders
with services on an equal basis with other areas.
b) To work with Newfoundland and Labrador Hydro in planning
utilities for new areas to be developed for residential and other
uses, including placement of utility poles at the back of
residential development where possible.
c) To ensure that any utility development, including transmission
lines, does not impact negatively on the local environment or
the amenity value of protected landscapes.
H) Municipal Finance
Goal:
To effectively manage the financial resources and commitments of
the Town.
Objectives:
a) To implement municipal improvements which match both the
policies and priorities of the Municipal Plan and the financial
capabilities of the Town.
b) To improve the cost effectiveness of municipal servicing by
encouraging compact, carefully planned serviced development,
through infill and proximity to existing services where capacity
for extension exists.
c) To develop a comprehensive policy concerning use of Town
properties and disposal of properties surplus to the Town's
requirements, recognizing the significance of some of the
properties inherited from former municipal units to some
community groups who have in some instances depended on
certain premises to support their activities.
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6.0 DEVELOPMENT CONCEPT AND POLICIES
This section presents the policies concerning the development concept for the town, including
descriptions of approaches to key issues, to implement the statements of goals and objectives in
Part 5.0 of this Municipal Plan.
The Planning Area will be divided into several Restricted Special Areas and a General
Development Area. The boundaries and designation of those areas are shown on the Future
Land Use Maps in this Municipal Plan. The General Development Area will be divided into a
Rural Zone and several Community Development Area Zones, as shown on the Land Use
Zoning Maps in the Development Regulations. Policies concerning development in these areas
are outlined in the balance of this Part 6.0.
6.1 Community Development Areas
The great majority of existing development in the Town is found in the ten long-established
communities and a newly conceived "community" known as "Central Area". With the exception
of the Central Area, the ten communities have existed as well established urban settlements for
many years, back to the days of the first fishing settlements on the island. The Central Area is a
new creation, established essentially in the 1960s as a place where large scale, one of a kind
public facilities or commercial establishments could be located, such as the health centre, high
school, highways maintenance depot, the Stadium, and a building supplies store. Each of the ten
historic settlements features a mix of residential, commercial, industrial and institutional land
uses; the Central Area largely lacks a residential component, as it is mainly the location of the
sort of central facilities just mentioned.
The eleven communities, ie: including the Central Area, are compactly developed along the
highways and roads in their locations, to the extent that a challenging topography and
geotechnical conditions defined areas which were able to accommodate structures. In the days
before heavy earth moving equipment and blasting enabled economical levelling and drainage of
land, much of the development of structures occupied the limited spots where structures could be
set up and yet have access to lanes and the sea. The location of harbours at each community is
easily understood, as the early fishers selected places where natural water and shore features
enabled both safe harbouring of boats and sufficient land for the related onshore commercial and
residential settlement. Only in later years were roads developed between communities, in
conjunction with the coming of motor vehicles; the reliance on transportation by water quickly
ceased (except to and from the mainland, of course).
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The ten historic communities were developed with what may be termed sharp edges, ie: there is
a distinct break at the edge of the compactly settled communities where the last structures
abruptly give way to virtually unoccupied lands. The reason for this is not very complex: before
the advent of motor vehicles, one had to walk from one's home to the water's edge to places of
employment in the fishery, or anywhere else in the community, so there was a strong incentive to
live as close as possible to the community centre. The long period of stability and then decline
of the inshore fishery practically stopped significant development of new homes and businesses,
so it could be said that the development patterns of those ten communities were frozen in time,
circa the mid 1960s.
Only in recent years have roads connecting communities been developed, and some few isolated
structures been developed outside the edges of the ten communities. The Central Area is quite
different in its settlement history, but the development pattern actually is similar in that it is also
fairly compactly built up, and has a distinct edge where land use changes abruptly from settled to
undeveloped.
Another relatively recent influence which has preserved this settlement pattern has been the
system of land tenure and the difficulty in servicing isolated dwellings with sewage disposal and
water supply. The land tenure system on the island is the same as in the majority of rural areas
of the province: individual titles to lands which have been occupied are established, though in a
somewhat chaotic fashion in some areas, but lands which have never been settled are held by the
Province of Newfoundland and Labrador. The Crown will divest lands for development to
individuals or companies, but the daunting technical and financial challenge of servicing a
remotely located dwelling or business is very discouraging.
The result is an island which is settled by distinct, compactly built up communities separated by
long stretches of virtually undeveloped lands. The settled communities have grown up with a
mixture of land uses, in the familiar pattern of shorefront fishery structures and water access, and
onshore commercial and residential structures. This mixture of land uses has generally not
created significant problems or conflicts amongst them, and a spirit of tolerance and mutual
support in the community has prevailed. However, as demand for land for unusual or very large
development is being exhibited, one can see the potential for undesirable new development or
redevelopment of existing buildings in unattractive ways. Balancing the desire for new
development with the peace and enjoyment of established households and non-residential
occupants and owners is a challenge. Council wishes to accomplish the needed regulation with
great sensitivity to the need to encourage development of non-residential business and industrial
uses in cases where the effect on surrounding residential uses is relatively benign, but not at the
expense of grossly offensive development intruding upon established development.
As said earlier in the description of goals and objectives, some simple measures will be taken via
the Development Regulations to prevent development of structures which would overshadow
designated heritage properties. Some properties are already designated, and Council will
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consider further designations as cases are considered. The designated properties are those
designated by the federal, provincial or municipal governments.
There will continue to be challenges inherent in developing any land in the communities, due to
topography, rocky terrain, limited access, and high expense in servicing whether by on-site or
central water and sewer systems. The opportunity to connect to existing central water or sewer
services is limited even where they do exist, and the opportunities to build on available serviced
land should be facilitated. In order to enable development within established communities where
such opportunities exist for subdivision of surplus land as may be found in existing lots, this
Municipal Plan will allow Council to consider such situations at their discretion, even where the
resulting lots may be considerably smaller than would ordinarily be expected. This discretion
does not enable the creation of new lots which would be undersized with regard to requirements
for on-site disposal of sewage, where the provincial government regulations concerning that
matter will prevail.
The significance of valued landscapes in certain areas has been indicated earlier in this
Municipal Plan, and there is the opportunity to use municipal planning instruments to preserve
this feature for the reasons indicated. There will be demand for land for new development in all
communities, and regulations should be favourable to expansion of the eleven communities into
immediately adjacent undeveloped areas where this restriction would otherwise apply, without
seriously offending the principle of preserving those vast undeveloped areas which are to be
preserved.
The following policies will guide growth and development in the Community
Development Areas designated on the Land Use Zoning Maps:
1)
It is the intention in this Plan to permit single dwellings and home
businesses up to a certain size, and to consider, on a discretionary
basis, a broad range and any scale of other residential uses and
non-residential uses.
2)
The Community Development Areas' boundaries are established as shown
on the Land Use Zoning Maps in the Development Regulations. For
clarity, these areas include all of the areas in the established eleven
communities. Boundaries of the Community Development Areas may be
revised by "stand alone" amendments to the said Maps in the
Development Regulations, having the effect of changing the Zone
designation of the abutting Rural Zone accordingly, without necessity of
amendment to this Municipal Plan as the peripheral undeveloped areas in
each are developed over time.
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3)
Development will be permitted to be single dwelling residential uses.
Requirements for buildings located close to designated heritage buildings
will be included to prevent development of structures which would
overshadow designated heritage buildings. Any other uses may be
approved as discretionary uses by Council, other than those uses which are
restricted to locations in the areas designated as Rural, provided public
safety and amenity are protected. Policies for consideration of
discretionary approvals in the Community Development Areas include:
A full range of residential uses will be considered. Higher density
residential type uses will be required to fit in with the scale of the
existing low density residential uses. Specialized housing for
seniors and group homes, as well as development of residential
uses in more than one building on a lot, or subsidiary apartments in
a dwelling, may also be permitted at Council's discretion.
Commercial and light industrial uses must be comparable in floor
area and building mass to surrounding residences where they are in
close proximity to them, and will be limited to those that will not
be a hazard or aesthetically offensive to residences and will 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. Larger scale
developments of these types will be subject to a more rigorous
scrutiny and higher standards of mitigating features, as they have
the potential to introduce significant adverse effects in settled
communities.
Council at its discretion will consider permitting subdivision and
development of an existing lot into two lots, where there is an
existing structure on the existing lot and where the structures
existing and proposed to be developed on the two resulting lots can
be located so as to provide a yard around all structures of at least
1.5 metres and at least one parking space can be provided on each
of the resulting lots.
Public and institutional uses and recreational open space uses may
be permitted at Council's discretion provided they respect
residential amenity, safety and privacy. These uses include
religious, educational, public administration, and public medical
and professional uses. Larger scale developments of these types
will be subject to a more rigorous scrutiny, as they have the
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potential to introduce significant adverse effects in settled
communities.
Although this is not a mandatory direction, large scale
developments of any type, unless their purpose requires transport
access directly to the ocean, would generally be more favourably
viewed if located in the Central Area or in the as yet undeveloped
areas on the periphery of the Community Development Areas,
rather than within the built up area of the ten historic communities.
Consideration of the information to be provided by proponents as
described in Appendix B "Site Planning Evaluation Information".
6.2 Rural Areas
Development in the Rural Zone shown on the Land Use Zoning Maps in the Development
Regulations will be limited to those uses which properly should be located in rural areas.
Permitted uses will include only conservation uses, existing recreational open space and existing
cemeteries. All other uses may be considered as discretionary uses.
However, the primary policy consideration concerning development in rural areas is to preserve
near-pristine natural areas along public highways in as pristine a condition as possible.
Development involving change of land use or erection of structures that are within view of all
public highways and streets will not be permitted other than for development in designated
Community Development Areas and for agricultural development of a visually unobtrusive scale.
Council will consider proposals for development in rural areas, based on policies in the
Municipal Plan and on consideration of the information to be provided by proponents as
described in Appendix B "Site Planning Evaluation Information".
6.3 Restricted Special Areas
Restricted Special Areas shall be designated to define specific areas where the development
policies stated for the General Development Area would not apply. Regulations specifically
designed to achieve certain goals and objectives have been developed to implement the intention
of this Municipal Plan. These areas, and the reasons and specific policies for each, are described
in the following sections.
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The Restricted Special Areas noted are those which could be identified at the time of preparation
of this Municipal Plan. As time goes on, further areas will be identified as the result of further
study and consideration, and those areas will be incorporated by way of amendment to the maps
(and text in necessary) of the Municipal Plan and Development Regulations.
Future Restricted Special Areas may be designated using the designation titles and requirements
of those already established in the Municipal Plan and Development Regulations, or new titles
and requirements may be developed to suit the circumstances of the cases at hand. Further, the
boundaries and/or requirements pertaining to a designated Restricted Special Area, or indeed the
deletion entirely of such an Area, may also be accomplished by amendment to the text and/or
maps of the Municipal Plan and/or the Development Regulations, as the case may be.
6.3.1 Protected Public Water Supply Restricted Special Areas
Protected public water supply areas are subject to provincial government regulations which
severely restrict development in surface water catchments or groundwater recharge zones related
to community water supplies. These will be so designated in this Municipal Plan and
complementary requirements made in the Development Regulations. In addition, the former
water supply area of Pilly's Pond, near Fogo, and watersheds related to future water supply
needs for the communities of Island Harbour, Stag Harbour, and Deep Bay, shall be designated
in the same way.
Only conservation uses will be permitted in these areas. Council at its discretion may approve
only development related to existing cemeteries and public works related to management and use
of the water supply.
6.3.2 Valued Natural and Heritage Restricted Special Area
A number of undeveloped, natural areas of a park-like or heritage nature are designated as
Valued Natural and Heritage Restricted Special Areas. These will be so designated in this
Municipal Plan and complementary requirements made in the Development Regulations. These
areas deserve special designation and protection in order to clearly indicate their special status,
preserve their amenity values, and discourage hasty decision making should proposals contrary
to that purpose be seriously considered in the future.
Initially, only the following areas will be designated:
o Lion's Den - Wild Cove
o Fogo Head, near Fogo
o Brimstone Head, in Fogo
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o Waterman's Brook, south of Fogo
o Brookes Point - Round Head - Sandy Cove, from Joe Batt's Arm to Tilting
o Foster's Pond Municipal Park, lands granted to the municipality adjacent to the
Shorefast Foundation Inn property
o Oliver's Cove and Gardens, in Tilting
o Farm Road and Sandy Cove, in Tilting
o Bunker Hill, in Tilting.
The first three named areas are well known trail and geological features, which are of such
natural and cultural value that few would dispute their significance. Waterman's Brook has the
potential to be a very attractive hiking and wilderness camping area, and the headlands
constituting the Brookes Point - Round Head - Sandy Cove area are striking natural settings
enjoyed by residents and visitors alike.
In the case of the area at Foster's Pond, the general intent of Council is to develop a municipal
park featuring sensitive treatment of natural features and passive recreation and to work in
collaboration with the owners of the Shorefast Foundation Inn property and the community, to
create an ecologically and culturally interesting and conservation-oriented theme.
The area of Oliver's Cove and Gardens, in Tilting, reflects a pattern of land use and enclosure
and lanes which are a "living museum" of the Irish settlement pattern established when the
community was founded. Indeed this is of such significance that the overall area is a Registered
Heritage District designated by the Province of Newfoundland and Labrador, and as well a
National Historic Site designated by the Government of Canada.
Farm Road and Sandy Cove include striking headlands and a unique resource in the form of the
only readily accessible sandy beach suitable for a park on the island.
Bunker Hill, also in Tilting, is a historic and natural viewing site which needs to be protected
from inappropriate uses, but only with the objective of protecting the public lands upon which it
is situated. Specifically, the designation of the site in this Municipal Plan and the Zone boundary
in the Development Regulations shall be applicable only to those lands at the site which are
owned by the Government of Canada, the Province of Newfoundland and Labrador, or another
governmental entity.
The only permitted uses in all areas designated as Valued Natural and Heritage Restricted
Special Area are recreational open space and conservation. Discretionary approval of other uses
will be limited to uses complementary to the natural or heritage values associated with that area.
In considering such discretionary approvals, Council will observe the respective reasons for
designation of each of the above listed areas.
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7.0 GENERAL REQUIREMENTS
Further to the policies set out in Part 6.0, certain general requirements applicable to all new
development are set out in this Part.
7.1 Water and Sewer Servicing
All development in communities which have piped water supply or sanitary sewers or both, will
be required to connect to these services where the service(s) are available at the lot frontage.
Servicing extensions and subsequent development shall be carried out if and when such servicing
is feasible and, if such future development areas are within or immediately adjacent to the
existing serviced areas. However, consideration will be given to alternative servicing
arrangements for developments which lie beyond existing central services. Where subdivision of
land is proposed for lands beyond presently available central water and/or sewer services, the lot
dimensions and location of substantial buildings upon them will be required to be configured to
facilitate later, further subdivision of such a lot so as to create an additional lot capable of
development.
In the case of development or re-development for high density residential or other purposes,
Council shall be satisfied that no additional capacity has to be provided in the water and sewer or
storm drainage pipes, or roadways, to service such development. If such services are required,
then Council will ensure that agreements are entered into between the developer and the Town
regarding the provision of such additional services.
7.2 Aesthetics
It shall be the policy of Council to ensure wherever and whenever possible, that the amenities of
the community are preserved and enhanced. Therefore, efforts shall be made to place all
telephone and power distribution lines to the rear of the lot and to control, through appropriate
regulations, the display of advertising signs, and to replace trees and other landscape materials
which, for one reason or another, are destroyed or removed.
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7.3 Non-conforming Uses
Existing development which is not permitted in the area in which it is located is accorded the
status of "non-conforming" pursuant to the Urban and Rural Planning Act, 2000. The Town
will respect the legal rights of owners to continue these uses, but will encourage the relocation or
cessation of such uses if they are nuisances or unsightly. Provisions will be detailed in the
Development Regulations as to entitlements to enlarge or rebuild.
7.4 Maintenance and Occupancy Regulation
It is the policy of Council to encourage the maintenance of the community as a pleasant
environment for living, working, shopping and recreation. Continued maintenance of property is
essential to the sustainability of the community.
It is the intention of the Council to support private efforts concerning property maintenance and
to eliminate any existing hazards to building occupants through the use of regulations specifying
standards for all properties for property maintenance and occupancy.
The Council will endeavour to further support property maintenance and safe occupancy by:
(a) assisting owners to take advantage of available government programs where applicable to
provide financial and administrative support;
(b) undertaking education and public relations programs as needed to demonstrate the benefits
of property maintenance; and,
(c) maintaining municipally-owned buildings and properties and community facilities, and
providing and maintaining in good repair such municipal services as roads, water and
sewerage facilities.
7.5 Protection of Fish Habitat and Natural Drainage System
It is a policy of Council that development in and around water courses will be carried out in such
a manner that the fish habitat is protected. Unless proven to the contrary, it is assumed that all
water courses contain suitable fish habitat and that development is to be carried out according to
the federal Fisheries Act and guidelines provided by Fisheries and Oceans Canada.
Development will therefore not be allowed within 15 metres of the seashore or any permanent
or semi-permanent watercourse or water body within the Planning Area except for the
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following:
a) wharves and sheds along the coast to allow for traditional small scale marine operations;
b) drainage or filling in of poorly drained areas in order to make them suitable for development;
c) public works and utilities.
Further to that measure, it has become a matter of considerable concern that some individuals in
some communities have undertaken to infill coves and shorelines with the effect of extending the
land beyond what is required for the construction of wharves and stages. This is not desirable as
it is environmentally offensive and can result in the creation of hazards to watercraft moving in
navigable water, especially when done so as to encroach on the seabed related to the marine
access to an adjacent structure. The Development Regulations will include a prohibition of this
practice.
7.6 Accessory Uses
Wherever a use is permitted in a land use classification, it is intended that uses, buildings or
structures normally incidental, accessory, or essential to that use be also permitted.
7.7 Home Based Business
Council's policy is to provide for the development of home based businesses in Community
Development Areas. This will serve to provide an opportunity for small businesses to be
established in conjunction with the residence of the small business owner-operator.
Home based businesses are small scale businesses that are operated in or from the home or on
the same lot as the home by the home occupant. They are compatible with the home,
surrounding residential character, and surrounding land uses, and can be conducted without any
significantly adverse effect on the surrounding neighbourhood.
The acceptability of a home based business will also depend on the type of dwelling from which
it is proposed to operate. A single dwelling will be able to accommodate the widest range of
home based businesses while an individual apartment dwelling will be able to accommodate only
a limited range of home based businesses.
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7.8 Archaeological Resources
There are important known archaeological finds in the Municipal Planning Area. The Provincial
Archaeologist has enumerated about two dozen recorded sites, scattered throughout the island.
Some have already been destroyed. That official can be contacted for a list of currently
recognized sites, which would be useful for planning developments.
Other findings may be discovered in the course of breaking soil, especially along coastlines and
the shores of inland ponds. Consequently, it is appropriate that parties making development
applications involving ground disturbance refer their applications for review to the Provincial
Archaeologist.
While Council is supportive of this policy of referral to that official, Council is concerned about
the potential for lengthy delays which may affect desired development. Council will monitor
response times and advocate for timely action on applications.
Further, all parties will be made aware that if artifacts are uncovered at any location, all work
must stop and contact be made with the Town and the Provincial Archaeologist, for review of the
finding.
7.9 Advertisements
Unattractive signage reduces the quality of the appearance of an area. Council will include
provisions in the Development Regulations concerning size, type and placement of signs.
Council will implement as soon as possible, the Tourism Oriented Directional Signage (TODS)
system as approved by the Provincial government for signage on public roads and streets. The
Development Regulations will be amended by free-standing amendments to carry out the
intention of this policy, as needed.
7.10 Valued Trails
A number of hiking and all terrain vehicle (ATV) trails have been developed throughout the
island. These represent considerable effort and investment, and are a valued recreational
resource. Measures will be included in the Development Regulations to prevent or mitigate
encroachment on their alignments, which would reduce their amenity value or safety.
Trails that have been established at the time of preparation of this Municipal Plan are shown on
the Land Use Zoning maps in the Development Regulations. Trails may be added, revised or
deleted by standalone amendments to the Development Regulations intended to reflect the
ongoing plans and priorities of Council.
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8.0 IMPLEMENTATION
8.1 Implementation Policies
The policies and proposals of the Municipal Plan for the Fogo Island Planning Area will be
implemented by the exercise of:
(i)
appropriate Development Regulations
(ii)
research to identify clusters of heritage properties in all communities, and
to devise appropriate policies and actions concerning their preservation
and use;
(iii)
site plan control for discretionary uses;
(iv)
a planned sequence of public works;
(v)
a development agreement for aggregate extraction;
(vi)
a development phasing policy; and,
(vii)
a public notice policy.
The day-to-day administration of the Municipal Plan and Development Regulations is in the
hands of staff members authorized by the Council. Council staff have the duty of implementing
the Regulations, including the issuing of all necessary permits approved by Council and making
recommendations to Council in accordance with the Municipal Plan policies regarding
development in the Municipal Planning Area.
8.2 Review of Land Use Zoning & Subdivision Regulations
When the Municipal Plan comes into effect, Council is required to develop a scheme for the
control of the use of land in strict conformity with the Municipal Plan in the form of
Development Regulations, which include land use zoning, subdivision and advertisement
regulations. After adoption by Council these regulations must be submitted to the Minister for
approval. Regulations must comply with the requirements of the Urban and Rural Planning Act
2000 and the standard provincial regulations which have been promulgated by the Minister of
Municipal and Provincial Affairs.
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8.3 Amendment of the Municipal Plan and Development Regulations
A Municipal Plan and Development Regulations are documents which can be altered in the light
of the changing needs of the municipality. Council will be cautious to ensure that amendments
are made only following careful consideration.
8.4 Site Plan Evaluation
Many of the land use conflicts associated with large or unusual developments can be avoided if
sufficient concern for detailed design is incorporated into the development approval process. In
addition to Council's powers to apply conditions to a development permit, Council will require a
site plan to be prepared and approved by the Town prior to the issuance of a building permit for
discretionary uses.
Appendix B to this Municipal Plan contains the site plan evaluation information required for the
preparation of a site plan.
8.5 Public Works
Construction of all public works within the Municipal Planning Area shall be carried out in
accordance with the policies of this Municipal Plan.
8.6 Appeals
The Urban and Rural Planning Act, 2000, provides for an appeal process concerning planning
administration of the Municipal Plan and the Development Regulations which implement this
Plan.
The applicant or any person or association of persons aggrieved of a decision may appeal that
decision if it is, under the regulations, a decision that may be appealed. Appeals are considered
and disposed by a board established by the Minister of Municipal Affairs. The appeal must be
initiated within a short period of time, 14 days, beginning at the date on which the decision being
appealed was made. Matters which may be appealed include decisions made concerning an
application to undertake a development, revocation of an approval or permit to undertake a
development, issuance of a stop work order, or any other decision which legislation provides
may be appealed. Refer to the Act for legal purposes.
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8.7 Development Standards Policy
In-filling along existing public roads in designated Development Areas is encouraged, and the
requirements for frontage, lot size and location of structures will be sensitive to the limited
opportunities which infill may present.
Development which requires new roads and streets will be carefully reviewed to ensure that
proper sewer and water facilities are provided in accordance with the policies of this Plan.
8.8 Enforcement of Plan and Regulations in Planning Areas
Particular attention shall be paid to communicating the fact that the Development Regulations
are enforced. Signs to this effect may be installed at the entrance to the Town near the ferry
terminal, and the requirements may be noted in the Town's web site, brochures and the like.
8.9 Program of Public Works
In an effort to ensure that adequate funds are available at the appropriate time to implement each
feature of the Municipal Plan, Council shall prepare and submit every year a five year forecast of
their anticipated capital expenditure requirements, in the form of a capital works plan, and
carefully review it periodically to keep it up to date.
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9.0 INTERPRETATION
9.1 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 approximate, as the available base mapping does not provide highly accurate
information. 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 and the locations of roads and trails. The intent and policies of the Plan are to
guide the interpretation of the mapped information.
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.
The boundaries of the Protected Public Water Supply Restricted Special Areas are to be
interpreted to be the boundaries promulgated for the various watersheds protected under the
Province's Protected Water Area Regulations where applicable, and to be the natural boundaries
of watersheds of the surface water bodies indicated, where Provincial Regulations are not in
effect.
9.2 Figures and Quantities Approximate
It is considered that all figures and quantities herein, other than those for development standards
for which variances may be considered in accordance with the Urban and Rural Planning Act,
2000, shall be considered as approximate only and not absolute.
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APPENDIX A
PROCEDURE TO BRING MUNICIPAL PLAN
INTO EFFECT
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PROCEDURE TO BRING MUNICIPAL PLAN INTO EFFECT
For the Municipal Plan to gain full legal effect, a specific procedure must be undertaken,
pursuant to Sections 15 through 23 of the Urban and Rural Planning Act, 2000. The procedure
is described below.
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 Municipal Planning Area, in which Council states its intention to
approve 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 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 are received by the deadline, Council 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. Council then considers
the report and either approves the Plan (with or without changes) or withdraws the proposed Plan.
Council's approval is made pursuant to Section 23 of the Act.
An approved Plan then is submitted to the Minister for review and 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, and all written objections and representations that may have been
submitted at the Hearing. After reviewing the document and determining that it is not contrary
to law or a policy of the government of the province, the Minister will register the Plan in the
Minister's planning registry and Council will publish a notice to that effect in the Gazette and in
a newspaper circulating in the Planning Area. The date of the publication of the notice in the
Gazette is the date upon which the Plan comes into effect.
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If the Minister chooses to not register the Plan, 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 Plan does not come into legal effect until the notice of the
Minister's registration appears in the Newfoundland 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.
A concurrent and parallel process is involved in the preparation, adoption, approval, and coming
into effect of Development Regulations.
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APPENDIX B
SITE PLAN EVALUATION INFORMATION
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Site Plan Evaluation Information
When Site Plan approval is required, the owner or proponent shall prepare site development
plans, including landscaping, parking, lighting, roads and any 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;
(i)
function and type of landscaped areas;
(j)
landscaping plan and specifications including;
surface treatment (asphalt, grass etc.)
tree and shrub types and sizes
o
location and number of trees to be retained or planted
o
dimensions of buffer zones, driveways, etc.
o
number and size of parking spaces and location
o
location and size of signage
o
location and width of all walkways, footpaths
o
location of loading zones
(k)
proposed contours and drainage of surface runoff ditching;
(l)
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 Fogo Island or its departments and agencies.
All site development plans shall be submitted to Council for approval.
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MAPS
Notes to reader concerning printing:
Map 1 is to be printed on 11 x 17 inch paper, setting: "actual size"
Maps 2 to 11 to be printed on 8 ½ x 11 inch paper, setting: "actual size"
Some of the detail in the base map is faint, especially outlines of individual buildings, so
printing at maximum density or contrast, black and white will give the best results.
Zooming in on the pdf images of the maps enables better clarity.