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Town of Hampden: Municipal Plan 2020
As approved by Council 9 March 2021
TOWN of HAMPDEN
MUNICIPAL PLAN
2020
As approved by Council 9 March 2021
Town of Hampden: Municipal Plan 2020
As approved by Council 9 March 2021
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Town of Hampden: Municipal Plan 2020
As approved by Council 9 March 2021
Table of Contents
1.0 ADOPTION AND APPROVAL ............................................................................................ I
1.1 RESOLUTION TO ADOPT; MCIP CERTIFICATE ......................................................... I
1.2 RESOLUTION TO APPROVE ........................................................................................... 3
2.0 FOREWORD: APPROVAL AND ADMINISTRATION ............................ : ........................ 5
2.1 The Municipal Plan .............................................................................................................. 5
2.2 Ministerial Approval ............................................................................................................ 5
2.3 Effect and Amendment of the Municipal Plan .................................................................... 6
2.4 Municipal Plan Administration; Role of Development Regulations ................................... 7
3.0 INTRODUCTION .................................................................................................................. 8
3.1 Title and Components .......................................................................................................... 8
3.2 Review and Amendments .................................................................................................... 8
3.3 Purpose and Objectives of Plan ........................................................................................... 8 ·
3.4 Municipal Planning Area ..................................................................................................... 9
4.0 KEY FACTORS AFFECTING PLANNING POLICIES .................................................... I 0
4.1 Geography .......................................................................................................................... I 0
4.2 Economy and Demography ................................................................................................ 11
4.3 Settlement Pattern and Infrastructure ................................................................................. 13
4.4 Sensitive Lands and Adaptation to Effects of Climate Change ......................................... 15
4.5 Recreational Amenities ...................................................................................................... 16
5.0 DEVELOPMENT CONCEPT .............................................................................................. 18
6.0 MUNICIPAL PLAN POLIClES .......................................................................................... 21
6.1 Land Use Designations and Area-Specific Policies ........................................................... 21
6.1.1 Mixed Development. ................................................................................................... 22
6.1.2 Industrial ..................................................................................................................... 23
6.1.3 Forestry ....................................................................................................................... 23
-6.1.4 Protected Public Water Supply ................................................................................... 24
6.1.5 Rural ............................................................................................................................ 24
6.2 Policies Applicable to All Areas ........................................................................................ 25
6.2.1 Sustainability of Development.. .................................................................................. 25
6.2:2 Natural Hazards to Building ...................................................................................... 27
6.2.3 Street, Water and Sewer Services ............................................................................... 28
6.2.4 Protection of the Natural Environment.. ..................................................................... 29
6.2.5 Development Near Highway 421 , Bayside Road and Loop Road .............................. 31
6.2.6 Mobile Home, Campground, and "Tiny Home" Developments ................................. 32
6.2.7 Antennas and Wind Turbines ...................................................................................... 33
6.2.8 Keeping of Animals ..................................................................................................... 34
6.2.9 Mineral Resources, Mining and Petroleum Resources ............................................... 35
6.2.10 Flag Lots ................................................................................................................... 35
6.2.11 Removal of Quarry Materials .................... _ ............................................................... 36
6.2.12 Non-Conforming Uses .............................................................................................. 36
6.2.13 Archaeological and Heritage Resources ................................................................... 37
6.2.14 Temporary Uses .......................................................................................................... 37
6.2.15 Advertisements (Signage) ......................................................................................... 37
Town of Hampden: Municipal Plan 2020
As approved by Council 9 March 2021
6.2.16 Comprehensive Development ................................................................................... 38
7.0 IMPLEMENTATION ...................................................... .-..................................................... 39
7.1 Implementation Policies ..................................................................................................... 39
7.2 Site Plan Evaluation .......................................................................................................... 40
8.0 INTERPRETATION ........................... · ................................................................................... 41
8.1 Land Use, Boundaries, and Roads ..................................................................................... 41
8.2 Figures and Quantities Approximate ................................................................................. 41
APPENDIX: .................................................................................................................................. 42
Site Plan Evaluation Criteria ......................................................................................................... 42
Future Land Use Map 1
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Town of Hampden: Municipal Plan 2020
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1.0 ADOPTION AND APPROVAL
1. 1 RESOLUTION TO ADOPT; MC/P CERT/FICA TE
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council
of Hampden adopts the Municipal Plan 2020.
Resolved by the Town Council of Hampden on the 8th day of December, 2020
Signed and sealed this / 6 ..µ, day of /)pn l
, 2021
Mayor: {2o-,l,,._ ~~
(Council Seal)
Clerk:,~i~
MCIP Certificate
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
g.,MCIP
Date: :l ~ Jfr,.. (
2021
MCIP seal
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Town of Hampden: Municipal Plan 2020
As approved by Council 9 March 2021
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Town of Hampden: Municipal Plan 2020
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1.2 RESOLUTION TO APPROVE
[resolution of Council to approve the Municipal Plan, f ollowing completion of the requirements of Sections 18 lo 22
inclusive of the Urban and Rural Planning Act, 2000]
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning
Act 2000, the Town Council of Hampden:
a)
adopted the Municipal Plan 2020 on the 8th day of December, 2020;
b)
gave notice of the adoption of the said Municipal Plan, following special instructions of
the Department of Environment, Climate Change and Municipalities related to the
COVID19, by means of a flyer, continually posted from 25 January, 2021 through 26
February, 2021 , on the Town of Hampden Facebook Page, and also distributed by
Canada Post mail to all addressees in the postal code of A0K 2Y0 (which includes all
postal addresses in the municipal planning area) on 25 January, 2021 ;
c) set the 26th day of February, 2021 , at 12 :00 noon, to be the dead I ine time and date for
objections and submissions to be received and for the holding of a public hearing to
consider objections and submissions;
d) appointed a commissioner to conduct the public hearing, and;
e) received no objections or submissions by the deadline time and date, and subsequently
received a report dated the 2nd day of March, 2021 , from the commissioner, who
recommended Council proceed with approval of the said Municipal Plan as released by
the Department of Environment, Climate Change and Municipalities.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town
Council of Hampden approves the said Municipal Plan 2020 as adopted.
Resolved by the Town Council of Hampden on the 9th day of March, 2021.
Signed and sealed this al!. day of !t/Jn 't~
, 2021
....... a-
Mayor: c_~c.0~
Clerk:
/}
(Council Seal)
~#~
Municipal Phm/ Amendment
REGISTERED
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Town of Hampden: Municipal Plan 2020
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2.0 FOREWORD: APPROVAL AND ADMINISTRATION
2.1 The Municipal Plan
This document and the Future Land Use Map I contained with it form the Municipal Plan for the
Town of Hampden 2020. This is the first Municipal Plan for the Town of Hampden.
The document presents statements regarding the Council's intentions with respect to the location
and manner in which development within its Municipal Planning Area shall take place. Future
Land Use Map I shows the Municipal Planning Area delineated as one or more land use
designations. Only specified kinds of development may take place within each designation.
2.2 Ministerial Approval
For the Municipal Plan to gain full legal effect, the following procedure must be undertaken,
pursuant to Sections 15 through 24 of the Urban and Rural Planning Act 2000.
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, a process which includes an
early opportunity for public input, it is submitted to the Department of Environment, Climate
Change and Municipalities 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
seek the approval of the Municipal Plan. The first notice must appear at least fourteen days
before the hearing date. The notice must state where and when the Municipal Plan can be
inspected and clearly give the time and place for the public hearing.
The 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
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meeting and subsequently prepares a report including recommendations. Council then considers
the report and either approves the Plan (with or without changes which may be recommended by
the Commissioner) 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, certified by a
Member of the Canadian Institute of Planners (MCIP) as having been prepared in accordance
with the requirements of the Act, and if the L)Ublic hearing took place, 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 provincial government's Newfoundland and
Labrador Gazette and in a newspaper circulating in the Municipal Planning Area. The date of
the publication of the notice in the Newfoundland and Labrador Gazette is the date upon which
the Plan comes into effect.
If the Minister chooses to not register the Plan, the document is returned to the Council with
information as to the reason for its unacceptability, and Council may then make changes and
resubmit the Plan in the same manner.
It is important to recognize that a new Municipal Plan does not come into legal effect until the
notice of the Minister's registration appears in the Newfoundland and Labrador Gazette. Once
in effect, the Municipal Plan is legally binding on Council and any person or party proposing to
use or develop land anywhere within the Planning Area.
A concurrent and parallel process is involved in the preparation, adoption, approval, and coming
into effect of the Development Regulations 2020.
2.3 Effect and Amendment of the Municipal Plan
The Municipal Plan is a legal document, binding upon Council and any person or group using or
proposing to use land anywhere within the Municipal Planning Area. All development must
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conform with the applicable policies of the Municipal Plan after the date upon which it comes
into effect.
The Act at Section 28 requires that a Municipal Plan be reviewed not later than every five years
from the date it has come into effect. Council may revise the Plan with a view to the
developments which can be foreseen for the next ten years. Consequently, the time frame for
this Plan is the ten year period of 2020 through 2030.
The Municipal Plan may be amended at any other time, in whole or in part, for legitimate
reasons that may have been unforeseeable at the time it had initially been drafted. Any such
amendment must be consistent with the other contents of the Municipal Plan as a whole as the
amendment will be read together with and become part of the Municipal Plan.
2.4 Municipal Plan Administration; Role of Development Regulations
When a Municipal Plan comes into effect, the Council is required to provide for its
administration in conjunction with Council's Development Regulations. Development
Regulations must comply with the requirements of the Urban and Rural Planning Act 2000, and
include standard Minister's Regulations which currently are in the form of Newfoundland
Regulation 3/01 made by the then Minister of Provincial and Municipal Affairs and which came
into force on January 1, 2001. Councils are also advised to adopt the National Building Code of
Canada as its building regulation.
The day-to-day administration of the Municipal Plan and accompanying Development
Regulations may involve Council employee(s) if they are appointed by Council pursuant to
Section 109 of the Urban and Rural Planning Act, 2000 to approve or reject applications to
develop land and if they are so appointed, to outline conditions applicable to the development.
Staff so appointed may issue orders concerning a development, including to stop work or to
demolish construction and restore a site to its original condition, subject to confirmation by
majority vote of Councillors present at their next meeting (if not so confirmed, the order is
cancelled). Executive staff also have a professional duty to advise Council on planning matters
in the Municipal Planning Area.
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3.0 INTRODUCTION
3. 1 Title and Components
This Municipal Plan, when brought properly into effect, shall be known as the Municipal Plan
2020 of the Town of Hampden ("Municipal Plan" herein). The following text and Future Land
Use Map 1 contained herein constitute the Municipal Plan for the Hampden Municipal Planning
Area.
3.2 Review and Amendments
In the course of preparing the Municipal Plan, research concerning planning topics was compiled
in a Planning Background Report. Though that report is not an official part of this Municipal
Plan, it is a useful reference document for those who wish to more fully understand the
background information leading to composition of this official Municipal Plan.
As indicated in the Foreword, the policies and land use designations described in this Municipal
Plan are subject to periodic review and occasional amendment as required in the light of
changing economic, social, and technological developments and as well may be prompted by
development proposals.
3.3 Purpose and Objectives of Plan
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 closely. It directs future growth so that any municipal services and land resources are used
most efficiently, thus preventing unnecessary increases in servicing costs that can result from
development becoming needlessly spread out. It also ensures that aspects of land development
like safety, aesthetics, and environmental protection are given proper consideration.
The overall objective is to provide appropriate policies which Council will observe together with
the more specific requirements of the Development Regulations as they evaluate development
proposals that come before them, and as they formulate plans for civic works and programs. The
policies themselves provide the basis for the detailed development standards and conditions
found in the Development Regulations.
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3.4 Municipal Planning Area
The territory subject to this Municipal Plan is that which is included within the boundaries of the
Hampden Municipal Planning Area, which coincides with the municipal boundary of the Town
of Hampden plus a small part of the community's protected water supply watershed, as shown on
Future Land Use Map 1.
The protected water supply area is officially called the "Eliot Brook Protected Public Water
Supply Area" as designated pursuant to Section 10 of the then Environment Act, though some
government documents refer to it as Mount Lockyer rather than Eliot Brook, and "Eliot" is
spelled with variations in the number of the letters I and t.
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Town of Hampden: Municipal Plan 2020
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4.0 KEY FACTORS AFFECTING PLANNING POLICIES
The key factors that influence land use planning for the community are its geographic setting, the
changing local economy and population, the existing pattern of streets and land uses,
infrastructure, sensitive lands, the expected effects of climate change, and community amenities.
4.1 Geography
The Town of Hampden is a coastal community at the southern point in White Bay, a bay on the
north coast of the island of Newfoundland. The nearest major urban centres are Deer Lake and
Corner Brook, respectively 66 km and 120 km by road.
The community's location relative to other nearby communities and the province as a whole may
be appreciated from the map below:
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Major Higiway
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A succinct history of the community could be found on Wikipedia in 2020, as follows:
Hampden was named after English politician John Hampden. Many communities were
resettled into Hampden after the island was brought into Canadian Confederation, where
the Joey Smallwood government pushed a resettlement plan that involved over 300
villages and 28,000 people.
4.2 Economy and Demography
The state of the local economy and population characteristics are fundamental factors which,
when considered in conjunction with the attractiveness of the community to people seeking to
settle, influence demand for land and infrastructure for development of various types.
In Section 4.1 , the origins of the community were briefly described. As with many coastal
communities in the province, the fishery for many years was the dominant economic base of the
communities which were resettled into Hampden. With the establishment of a major
papermaking industry in Corner Brook in the 1920s and the development of passable roads
connecting communities to the wider world, the opportunities for employment and investment
grew dramatically.
The fishery was greatly affected by the imposition of the northern cod moratorium in 1992, with
profound impact on communities wholly dependent on it. Fortunately, the proximity of the
community to the Corner Brook-Deer Lake region with its large and diversified economic base,
and a recent industrial development in the form of a major sawmill in the community, have
mitigated the effects to a significant degree. At the time this Municipal Plan was brought into
effect, it appeared that this industry had a very promising future, and indeed was expressing
forecasts of expansion. It is important that this Municipal Plan identify and designate
considerable areas for industrial expansion as well as anticipated demand for residential building,
as available land in the existing core of the community has become limited.
Indeed, the 2016 census report on employment shows that residents work in a wide variety of
occupations and industries. In recent years, the availability of employment in western Canada
and elsewhere enabled many workers to travel away on rotating schedules, while being able to
maintain a home base in the community, though the numbers working that way have decreased.
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There is also an emerging economic development opportunity which is gaining strength:
tourism. Regional tourist attractions on the west coast have developed considerably in the last
number of years, such that tourist traffic has grown. As the community is located close to the
TransCanada Highway, not far from Deer Lake and its airport, it is easily accessible by road and
air to the travelling public. Abundant natural features of the coastal environment and wildlife
make the area of interest to residents and tourists alike-water views, icebergs, whale watching,
an abundance of eagles, upland wildlife, a recreational and a food fishery, hunting, hiking etc.
Demographic trends are important to the question of the future of the community. The census
reports population data as follows, beginning in 1996:
2016:429
2011: 457
2006:489
2001:544
1996: 651
The decline of the last twenty years of 34.1 % was much more severe than that in the last five
years of 6.1 %. It would appear that the worst of the decline was in the early years of 1996 to
2001. The decline in the last five years is not very large in comparison to the experience of
many other communities in the province. The recent economic revival in the community
suggests that the community population will at least be stable during the ten year term of the
Municipal Plan. In order to provide a better forecast, a review of professionally produced
regional population projections was carried out. This is important as those forecasts include
demographic as well as economic modelling on a wide regional basis.
Review of the population projections produced by the Economic and Projects Analysis Division
in the provincial Department of Finance following the 2016 census supports a belief that the
region's population will be at least stable for the foreseeable future. Their forecasts are based on
a selection of scenarios, from low to high according to assumptions made about the strength of
local economies (which influences in or out-migration), and birth and death rates. Alternative
scenarios are presented for Economic Zone 8, the region in which Hampden is located. That
Zone includes Comer Brook and Deer Lake and surrounding areas, including up White Bay to
include Hampden, but not including Gros Mome National Park and areas north of it, nor
Stephenville and its environs to the south.
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The most pessimistic forecast shows a decrease of about 2.5% over the next 20 years, and the
most optimistic an increase of about 4.1 %. The medium scenario forecasts a little bit better than
flat rate stability. In short, the region should expect to have a stable population, largely based on
the region's industries, institutions and services which relate to a broad trading area, plus
localized services to residents and tourists. In any scenario, there will continue to be demand in
all communities for new housing as old stock is replaced and stable, good incomes and
confidence from fairly stable employment enables new investment in home building.
One might conclude by looking only at population figures that there is limited prospect for
development in the community, but officials report that there is a positive spirit and new
investment is taking place in commercial and residential building, including renovations and
upgrading of existing homes. In any scenario, there will continue to be demand for new housing
as old stock is replaced. Every effort needs to be made, as has been done, to make the
community attractive to business and tourists.
Attracting new investment, tourists, and in-migration of local and from away people, are affected
by the community's quality of life. That quality is influenced by availability of good schoois,
recreation, cultural expression, commercial services, the valued trails and landscapes which the
town enjoys, and the appearance of buildings, streets and yards.
Steady, hard work is needed to continue exploiting funding opportunities to continually improve
features such as walking trails to promote active lifestyles. These features should be sensitive to
the aging demographic of the community, for example to include frequent rest areas on trails,
picnic sites with seating, etc. Those attributes are of course important to visitors as well as the
community's permanent residents. Council should encourage and assist initiatives as much as
feasible.
Physical as well as human geography affects development, and those factors are addressed in the
next sections.
4.3 Settlement Pattern and Infrastructure
Developing land in Hampden faces some significant challenges, partly due to the settlement
pattern and infrastructure already in place by virtue of history, but also due to some limiting
physical factors such as topography.
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The community is accessed by Highways 420 and 421 which run northward from the
TransCanada Highway (TCH) to Hampden (10 km from the TCH). Those highways represent
the only road connection to the provincial highway network, ie: to the TCH, just east of Deer
Lake.
Highway 421 enters the settlement at Bayside and runs around the upper part of the community.
A more direct route from Bayside to the harbour is via Country Road. A number of minor streets
have been built off Highway 421 and Country Road in the core of the community. Most of the
side roads are residential in nature. A major sawmill and an active quarry are located on Chouse
Brook Road. The general arrangement of the roads and settled areas in the Municipal Planning
Area can be appreciated on Future Land Use Map 1.
The community at the outset developed in a fairly compact pattern focused on the harbour at
South Anchorage at the foot of White Bay. Residential and other development such as stores,
rooms, schools and churches developed in a network of streets which gradually spread over the
landscape directly inward from the waterfront. A small central commercial area adjacent to the
harbour in the early days provided most of the needed goods and services for the community and
immediate area. The era of modern highways and near-universal use of automobiles has seen a
concentration of most major retail goods and services in larger centres, particularly in Deer Lake
and Corner Brook.
Years ago, the desirability of municipal water systems and sanitary sewerage became evident for
public health and convenience reasons. As resources for these systems became available, many
communities installed central water and/or sewer services. Practically all of the built-up area of
the Town of Hampden has been serviced with central water and sewer systems. Only a very few
dwellings have not been connected. The community water supply is the Eliot Brook Protected
Public Water Supply Area, a large surface watershed area, lying almost entirely within the Town
boundary.
Most development in the community is single family housing; the 2016 census recorded I 75
dwellings, mostly owner-occupied. The housing stock is well distributed and none of the area
appears to be crowded, and the good standard of upkeep reflects the pride and effort of their
owners. Non-residential development such as the municipal building, post office, tourist
accommodations, and a store are scattered throughout the community without posing significant
land use conflicts.
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Overall, the demand for land for new development has not until 2020 been great. However,
demand for building lots for dwellings has grown quickly, in part due to the activity at the
sawmill but also as significant numbers of retirees are returning to their home town and wishing
to build. This has become a frustration for both the would-be builders and the Town Council, as
the former wish to move quickly and the latter lacked a land use plan prior to this Municipal Plan
to guide development and servicing.
At first glance, it would seem that there is considerable availability of land in the town for
development. This is a complex matter as the intertwined factors of access, servicing with
extensions of central water and sewer systems, soil conditions, and topography come into play.
Much of the easily developed area has been built on and the hilly topography presents challenges
to the laying out of new subdivision streets.
There have not recently been significant issues with the types of new developments which have
been established, but Council has good reason to be concerned about future intrusion of
undesirable development types into the community's attractive appearance and tranquillity. At
the same time, it is important to encourage and support economic development, whether small or
large initiatives.
The rural areas immediately surrounding the serviced town core are not significantly developed
with buildings, other than for the large sawmill noted above. The locations of the sawmill and
quarry up Chouse Brook Road have been fortunate in that their area is well removed from the
residential areas. It is felt to be prudent to see that road as the focus of new major industrial
developments so as to continue to separate them from residential areas. In doing that and
considering similar situations, the balancing of economic development opportunities with
maintaining the tranquil quality of life calls on Councils to exercise careful judgment.
4.4 Sensitive Lands and Adaptation to Effects of Climate Change
Good community planning must concern itself with adaptation to sensitive lands such as
important natural resource lands, environmentally important habitats, and natural hazards. For
many years, topics such as geological stability, landslides, flooding, wetlands, the value of
forestry resources and mineral workings (pits and quarries, as well as ore extraction and
hydrocarbons), and coastal erosion have been familiar. In recent years, predictions of the effects
of climate change have become clearer and measures are being taken in forward looking
communities to adapt to those which threaten the environment and human settlements.
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Town of Hampden: Municipal Plan 2020
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A high priority topic concerning environmentally sensitive lands has for many years been
development in the vicinity of ( or in) water bodies. Though the federal government generally
has jurisdiction over ocean waters, management of inland waters is a matter of provincial
jurisdiction, and the Municipal Plan must reflect provincial government legislation and policies.
To do with sea level rise, the current provincial government policy is that development ( other
than wharves and such) must be located at least a certain elevation above current sea level.
Measures to address that and other matters, including geotechnical assessments of proposals to
build on steep slopes, avoidance of wetlands and areas prone to flooding, and proximity to
watercourses, will be included in the planning documents.
The provincial government's inputs also concern use of agricultural and high value forested
lands. Although farming for vegetables and some animals was a customary activity in the distant
past, there is no active field or animal operation in the community now, other than domestic
gardening and horticulture. An important area of commercial core forest and plantations is
found within the Municipal Planning Area, and needs to be designated for priority resources use.
Also, forest harvesting, roadbuilding and silviculture are important outside of those areas as well,
and those activities should be unimpeded in rural areas except for the protected water supply
area.
A feature unique to the community is the presence of an avian species designated as a Vulnerable
Species, the Rusty Blackbird. The Wildlife Division of the Department of Fisheries, Forestry
and Agriculture recommends that a 50 metre buffer on each side of rivers, creeks and shorelines
of wetlands and inland water bodies be undisturbed to protect the habitat of that species. In the
Municipal Planning Area, this would appear to be readily accommodated as a general
requirement.
4.5 Recreational Amenities
In the Hampden area, the outdoors offers great opportunities to enjoy access to the land and sea.
It is noteworthy that a prominent trail is located in the immediate area: the Barrens Walking
Trail.
There is also a lookout at "the Beaches", overlooking a grand vista. These and many
other outdoor opportunities are very important to the healthy lifestyles ofresidents and visitors
alike.
Information available makes references to upgrading the community playground, developing a
slipway and marina at Bayside, developing snowmobile trails and a staging area, building
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viewpoints, interpretive panels and walking trails, encouraging volunteerism, and, organizing
sports events and festivals. These are the sort of local projects that can build civic pride and
enhance the enjoyment of life in the community.
The community is fortunate in being so close to the Deer Lake--Corner Brook area, in that many
other cultural and recreational facilities and opportunities can be found in the region. This is a
strong asset in the quality of life in the community, and for the Town's financial situation: the
Town does not need to be all things to all people, and can focus its limited resources on the gaps.
The community's focus should be on supporting active lifestyles by taking advantage of the
natural features of the immediate area and opportunities for local facilities not requiring travel
outside the community.
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Town of Hampden: Municipal Plan 2020
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5.0 DEVELOPMENT CONCEPT
This section presents Council's policy concerning a general development concept for the
municipal planning area, including brief descriptions of approaches to key issues. Section 6.0
provides the policies applicable to each of the various land use designations in the municipal
planning area as well as policies applicable to the entire municipal planning area.
1) Hampden in 2020 is and will continue to be essentially that of a rural community for
which much employment and practically all major goods and services such as retail trade,
large industries and institutions, and medical, commercial, and professional services are
found outside the community, in and around Deer Lake and Corner Brook.
2) The community is not expected to be a suitable location for large retail and services
enterprises due to its small population, limited infrastructure, and the competitive
advantage of locations for those types of development elsewhere. However, there is
optimism that the experience of seeing the development of a major sawmill can be
repeated. The community's central location on the west coast and suitable land on
Chouse Brook Road could encourage both large and spin-off industries which require
large outdoor areas for storage and processing but do not require substantial municipal
infrastructure. Also, the land and sea features of the area are of interest to tourists
seeking outdoors experiences in a beautiful natural setting, and that tourism potential has
barely been touched.
3) The community is not expected to experience a substantial level of growth but will attract
families with stable employment in the area, to buy or build homes, but these are forecast
to be in fairly small numbers. Most new housing will be in the form of single dwellings,
which may include subsidiary apartments and home businesses. In addition, seasonal
residential development will continue to be present, mostly occupied by owners with
family connections to the area.
4) The Town features a fine quality of life as a family-oriented residential community set in
a beautiful natural environment with opportunities for enjoying active lifestyles.
Ensuring that that quality of life continues makes it extremely important to restrict
locations for developments which would present land use conflicts with existing or
expected residential development, and to press on with improvements to amenities.
5) The core of the community is designated as Mixed Development, to be primarily
residential in nature but also available for such other development types that would be
compatible with location amongst residences. The Mixed Development area includes
areas already developed plus peripheral lands that are suitable for residential
development, so as to provide space for new housing and compatible land uses.
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6) In order to facilitate broader choices in housing styles, and with a view to enhancing
affordability of housing, single dwellings may be developed as "tiny homes". Such
homes would have smaller than the usual minimum floor area for single dwellings,
subject to a site plan that shows how eventually the dwelling could be enlarged while still
respecting required yards, parking spaces, lot coverage etc.
7) In the Mixed Development area, proposals for non-residential uses will be reviewed case
by case in a manner which is efficient and timely, ie: by consideration of discretionary
land uses.
8) New development must connect to municipal water and/or sewer services or have
approved private water supply and/or sewage disposal systems.
9) The protected water supply area officially called the "Eliot Brook Protected Public Water
Supply Area" is designated pursuant to Section IO of the Environment Act. It is a valued,
but vulnerable, resource. Council will continue to be vigilant about threats to water
quality and reliability, and in particular act to prevent development of objectionable land
uses in the protected area, which will be designated as Protected Public Water Supply.
l 0) Much of the area along the upper end of Chouse Brook Road is designated as Industrial,
to ensure that land is available for large industrial and natural resource land uses that do
not require significant use of the Town's infrastructure. Separation of those activities
from the Mixed Development designation of core of the community and the adjacent
undeveloped areas is important to residents' quality of life.
l I) Part of a large commercial forestry area identified by the provincial government (Block
16004) is located within the Municipal Planning Area and is thus designated as Forestry,
in which activities such as pits and quarries and other resource-based land uses would be
acceptable.
12) Regulation of forestry development, including issuance of domestic fuel wood harvesting
permits in any area, is not a function which Council wishes to undertake, and thus this
Municipal Plan is silent on the topic. However, the state of forestry operations will be
monitored from time to time to determine whether there is a future need to act.
13) Areas outside the core of the community and the above noted special areas related to
forestry, water supply and industrial use are designated as Rural. In those areas, a low-
density mixture of resource-oriented and other types of development not suited to
locations in the core would be permitted. This means that uses such as scrapyards,
kennels, livestock operations, pits and quarries, large commercial developments and the
like are restricted to locations in areas designated as Rural. Low density residential and
small commercial development would also be acceptable in the Rural areas subject to
consideration of site-specific matters to provide at least a moderate degree of separation
from non-residential land uses.
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14) Sensitive lands and hazards to development will be recognized in the Municipal Plan,
addressing topics such as risks of landslides and development on steep slopes, protection
of wetlands and the habitat of the Rusty Blackbird, coastal erosion, and sea level rise.
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6.0 MUNICIPAL PLAN POLICIES
In accordance with the Development Concept set out in Section 5.0, the policies in this
Municipal Plan are organized in two sets: the first to do with specific lands which are designated
and for which area-specific policies are written, the second to do with policies affecting all
designations uniformly. These policies, together with more detailed requirements and procedural
matters which are set out in the Development Regulations, provide direction for Council
decision-making in municipal planning.
Numerous topics of varying degrees of precedence and detail will be addressed in the
Development Regulations to fulfil the goals, objectives and policies of the Municipal Plan.
6. 1 Land Use Designations and Area-Specific Policies
The Municipal Planning Area is geographically divided into five designations as follows:
1) Mixed Development
2) Industrial
3) Forestry
4) Protected Public Water Supply
5) Rural
The respective boundaries of these designations are shown on Future Land Use Map 1. Rules for
interpretation of the boundaries are found in Section 8.0.
The factors affecting planning policies and the overall development concept have been described
earlier in this Municipal Plan, so the preambles to the policies in this Section are brief.
Council's policy is that the Development Regulations shall contain use zone tables and that
zones will be shown on zoning maps to align Municipal Plan policy with use zone tables in the
Development Regulations.
The meanings of "groups, divisions and classes" of land uses and meanings of certain words as
used in this Municipal Plan are to be interpreted according to the classification of uses and
definitions found in the Development Regulations.
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6.1.1 Mixed Development
Specific policies pertaining to the Mixed Development designation are:
1) Permitted uses are:
a) Single dwelling, seasonal dwelling, and mobile home classes, including home
businesses of a benign nature and subsidiary apartments therein
b) Recreational open space
c) Forestry uses, including domestic cutting for fuel wood
d) Mineral exploration
e) Existing agricultural uses
2) Uses which may be approved subject to Council 's discretion include any other use except
for the classes of:
a) Hazardous industry class,
b) Agriculture class involving keeping of any number of large animals,
c) Scrapyards,
d) Solid waste, and,
e) Wind turbines taller than those defined as "short".
3) In considering discretionary use applications, Council will give the highest priority to
reasonable compatibility with existing and intended future developments in the area, such
that the proposed land use can operate without any significant adverse effect on the
surrounding area. Further, adequate buffering shat I be provided between non-residential
land uses and any abutting residential uses.· Such buffering may include among other
measures ample distance from the proposed development, grass strips, fences, shielded
yard lighting, and appropriate planting of trees and shrubs as visual barriers.
4) The Development Regulations will detail requirements related to home businesses,
accessory buildings, minimum dimensions of yards, and other topics for the purpose of
developing and maintaining a high quality, aesthetically pleasing, low density, primarily
residential ambiance.
5) In order to provide for flexibility in unusual circumstances, Council may at its discretion,
and subject to criteria or conditions as detailed in the Development Regulations, require
site plan evaluation (see Section 7.2), approve comprehensive developments, and modify
or waive specific requirements where appropriate.
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6.1.2 Industrial
Specific policies pertaining to the Industrial designation are:
I) Permitted uses are:
a) The industrial group except for the hazardous industry class
b) The non-building uses group except for wind turbines taller than those defined as
"short".
2) Discretionary uses are:
a) The hazardous industry class
b) Wind turbines taller than those defined as "short"
3) Adequate screening shall be provided between non-residential land uses and any abutting
residential uses located in the adjacent Mixed Development designation, as detailed in the
Development Regulations.
4) For cases where unusual circumstances are anticipated or revealed during the application
process, especially for very large scale or complex developments, Council may require
submission of a detailed site plan for review and approval as described in Section 7.2.
6.1.3 Forestry
Specific policies pertaining to the Forestry designation are:
I) Permitted uses (there are no discretionary uses) are the following classes of use:
a) Agriculture
b) Forestry, including domestic cutting for fuel wood
c) Mining
d) Mineral Exploration
e) Mineral Working
f) Petroleum Exploration
g) Petroleum Extraction
h) Conservation
i)
Antenna or Wind Turbine of any height
2) All developments are subject to the approval of provincial government authorities.
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6.1.4 Protected Public Water Supply
Specific policies pertaining to the Protected Public Water Supply designation are:
I) Protection of the area from encroachment, disturbance or contamination is a matter of
extreme importance. Council will monitor activities in the area to be vigilant about any
threats to the sanctity of the water supply, and immediately follow up on any
observations warranting investigation.
2) The permitted uses are limited to Conservation class uses and uses related to the
management of the lands for the municipal water utility works.
3) Uses permitted at Council 's discretion include those in the Recreation and Open Space
classes, including trails, and those in the Forestry class (which includes domestic cutting),
but only in conjunction with a professionally prepared site plan (see Section 7.2) or
forestry management plan, respectively, approved by the provincial government and the
Council.
6.1.5 Rural
Specific policies pertaining to the Rural designation are:
I. Lands designated Rural shall be developed primarily for uses utilizing the area's natural
resources, commercial developments, low density residential developments, and land
uses not compatible with the urban environment but which nevertheless may be
acceptable.
2. In order to ensure full review of proposals for development in the Rural areas, the only
permitted uses shall be:
a) Agriculture class
b) Forestry class, including domestic cutting for fuel wood
c) Conservation use class
d) Existing mineral exploration class
e) Existing mineral workings class
f) Existing cemeteries and expansions thereof
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3. All other uses may be considered as discretionary uses, in order to provide for
consideration of a wide variety of proposed developments, some of which may be
unusual but nevertheless desirable.
4. Each development proposal will be reviewed to assess potential negative effects and set
special development standards to reduce or eliminate significant negative impacts and
protect public safety and amenities, notwithstanding that certain uses are listed as
permitted or are subject to Council 's discretion.
5. Resource industry operations shall be conducted in a manner as detailed in their permits
from the provincial government to minimize the adverse effects on water quality, fish and
wildlife, and shall be buffered from adjacent developments.
6. The conditions and standards for all uses other than the "non-building uses" group shall
be those applicable to the Mixed Development designation, including those matters
subject to Council's discretion for developments which may not be otherwise approvable.
6.2 Policies Applicable to All Areas
The following policies pertain to all of the Municipal Planning Area.
6.2.1 Sustainability of Development
It is important to take forward-looking measures to address the sustainability of the quality of life
of the community. Council's policies as set out below are intended to provide overall direction
to enhance sustainability of development:
1) In considering discretionary use applications, Council will give the highest priority to
reasonable compatibility with existing and intended future developments located in the
designation, such that the proposed land use can operate without any significant adverse
effect on the surrounding designation. Further, adequate buffering shall be provided
between non-residential land uses and any abutting residential uses. Such buffering may
include among other measures ample distance from the proposed development, grass
strips, fences, and shielded yard lighting.
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2) The Development Regulations will include provisions for Council to consider variances
as enabled by the Urban and Rural Planning Act 2000, in keeping with the intent 0f the
requirements and provided that any negative effects are insignificant and very localized.
3) For mineral workings or similarly intrusive developments in the Mixed Development
designation, a large separation from public highways and streets, existing dwellings, and
environmentally or culturally sensitive areas will be required.
4) The Development Regulations will detail requirements related to home businesses,
accessory buildings, setbacks from lot lines, and other topics with the purpose of
developing and maintaining a pleasant, low density community.
5) The matter of adequate and usable legal public access to a waterway or water body may
be used as a consideration in the review of an application for a development or
subdivision of land in close proximity to a waterway or water body.
6) Signage and outdoor lighting shall be subdued and in keeping with attractive design and
highway safety.
7) Forestry activities are supported, including harvesting (commercial and domestic cutting),
processing of products of the forest, silviculture and access roads, as indicated as
permitted or discretionary uses in appropriate use zone tables in the Development
Regulations. Permits from the provincial government may be required for commercial or
domestic cutting of forest resources.
8) The Wildlife Division of the Department of Fisheries, Forestry and Agriculture must be
contacted before major development projects are approved to ensure that appropriate
mitigation measures are put in effect to address species habitat requirements, in particular
the vulnerable Rusty Blackbird.
9) Trails are an important element in encouraging active lifestyles. Council will endeavour
to support and enhance existing trails, and collaborate with property owners to continue
and extend trails for public use. The Development Regulations will include a
requirement that development in close proximity to trails designated by Council shall not
impede the function of the trails. Continuation of specific trails is contingent on the
ongoing consent of property owners.
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10) For cases where unusual circumstances are anticipated, especially for very large scale or
complex developments, Council may require submission of a detailed site plan for review
and approval as described in this Section 7.2 in this Municipal Plan.
6.2.2 Natural Hazards to Building
The following Council policies are intended to prevent or mitigate exposure to hazards of
landslides, rock falls, avalanches, flooding, coastal erosion and climate change:
1) Council may require professional review and advice in order to evaluate any proposal for the
erection of a structure on a site which is potentially subject to natural hazards including
flooding, sea level rise, coastal erosion or any other physical hazard near water bodies,
watercourses and the sea.
2) Requirements concerning sea level rise and coastal erosion include that development must
be:
a)
Located above the current 2 metre contour, and,
b) Set back at least 30 metres from the ocean shore and any inland water body subject to
tidal influence, to provide a buffer against coastal erosion, except that the following are
permitted:
i)
Structures or land uses requiring direct access to salt water, including wharves,
breakwaters, slipways and boathouses, and if approved to be in accordance with the
Department of Environment, Climate Change and Municipalities' Guidelines for the
Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses;
ii) Public works, such as water and sewer services and electrical lines;
iii) Recreational open space class and trails;
iv) Mineral workings if permitted in the use zone table;
v) A lesser setback but in no case less than 15 metres, where the proponent can
demonstrate that the building(s) would be founded directly on bedrock rather than on
surficial soils, loose rock, or severely fractured bedrock;
vi) Enlargement or renovation of main building(s) which are located within the required
setback from the shore, and accessory buildings which may be developed subject to
the ordinarily applicable requirements in the use zone table.
3) Any proposal for development of a site having a slope in excess of 15% must be certified by
a geotechnical professional engineer as having low risk of landslide, avalanche, and rockfall.
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4) See Section 6.2.4 for policies concerning protection of the natural environment, which
specifies other requirements affecting development near water bodies. The more stringent of
the requirements shall apply.
5) Further to the above, development must conform to the requirements of the use zone table for
the applicable zone.
6.2.3 Street, Water and Sewer Services
Some of the costs of running a municipal government are proportional to the overall length and
type of municipally maintained streets, water and sewer services. Generally, the more spread out
a settlement becomes, the more these public costs increase disproportionately in relation to the
number of dwellings or other buildings served. Efficiency in use of public funds for construction
and operation is important.
Also, public works such as water and sewer infrastructure are needed in order to provide the area
with a safe and healthy environment. It is not always possible to predict the location of these
works and sometimes they must be located in close proximity to sensitive areas.
Council intends to manage these challenges through implementation of the following policies:
1) New public works will be constructed in a staged and orderly manner approved by
Council, to provide an economical and logical sequence for growth related to the needs of
the community and the financial resources available.
2) Streets which are intended to be conveyed to the Town shall be designed and constructed
to modern engineering standards.
3) All developments shall have motor vehicle access to a publicly owned and maintained
street or highway, unless other policies and requirements of this Municipal Plan or the
Development Regulations specify otherwise.
4) Council will endeavour to secure resources for improvements to the public highways and
Council streets, where needed, and in particular to strengthen roads for the heavy vehicle
traffic involved in transporting forest and mineral products to processing plants and
markets.
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5) All development must be serviced by connection to the municipal central water system
and/or central sewer system if available and have capacity, and/or the owner's private
water and/or sewer systems. Private water supplies and private sewage disposal systems
are subject to the proponent securing Certificates of Approval from provincial
government authorities. Private systems are the financial and operational responsibility
of the owners.
6) Council will be vigilant to take note of any development involving buildings or deep
excavation in the vicinity of buried water or sewer lines, whether on private property or
on Council streets and lands. Where Council's new buried lines are proposed to locate on
public or private lands, proper easements or licenses shall be established to prevent future
encroachments on the lines.
7) New development may be serviced with extensions of the Town's central water and
sewer systems at the proponent's expense and subject to Council's approval of capacity
and technical standards and by way of a specific development agreement.
8) The provincial government's requirements concerning groundwater resources related to
use of private wells include compliance with the Groundwater Supply Assessment and
Reporting Guidelines administered by the Water Resources Management Division of the
Department of Environment, Climate Change and Municipalities. The groundwater
assessment requirements apply to approval of new unserviced subdivisions consisting of
5 or more lots or the addition of unserviced lots to existing subdivisions, in order to
ensure that groundwater resources in the immediate area of the subdivision are sufficient
for the expected demand.
9) Municipal street, water and sewer works, including associated structures for such
purposes, may be developed at any location provided due consideration is given to
potential nuisance and aesthetic effects.
6.2.4 Protection of the Natural Environment
Protection of the natural environment is a high priority. The quality of air, land, and water in and
around the community, and aesthetic considerations, are important to the health, culture, and
economy of the area. The role of Council in this regard is intertwined with the roles and
authorities of the Government of Canada and the Province of Newfoundland and Labrador.
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Acting under the authority of the Water Resources Act, the provincial government is responsible
for the management of water resources of the province of Newfoundland and Labrador, and it
coordinates with the federal Department of Fisheries and Oceans. The provincial department has
programs to protect, enhance, conserve, develop, control, and effectively utilize the water
resources of the province concerning but not limited to the following:
a) Development within 15 metres of a waterbody or watercourse if in a Crown land
reservation (the minimum buffer is measured from the high water mark of the waterway
or body of water, and if the shoreline features a steep embankment, then from the top of
the embankment);
b) Development in shore water zones, (the interface between land and water, and includes
the land along the edge of an ocean or a fresh water body) as set out in the Department of
Environment, Climate Change and Municipalities' Policy for Development in Shore
Water Zones W.R. 97-1.
c) Discharge of any effluent off the subject property;
d) Work in any body of water or wetland;
e) Infilling of water bodies or diversion of streams (usually not approvable if for residential
development);
f) Construction of wharves, breakwaters, slipways and boathouses;
g) Infilling or dredging associated with marine structures or other works;
h) Any development in a protected public water supply area;
i)
Providing waste receptacles in work areas;
j) Waste diversion actions including recycling, reuse or resale programs;
k) Open burning of waste;
I)
Pesticide and halocarbons use, purchase and storage;
m) Petroleum (including used oil) storage and dispensing;
n) Effects of climate change;
o) Energy efficiency in buildings.
In addition to the above, the Wildlife Division of the Department of Fisheries, Forestry and
Agriculture has identified a sensitive habitat related to the Rusty Blackbird, along waterbodies
which need to be protected.
It is Council's policy that these matters are to be identified in the Development Regulations to
indicate that provincial approvals apply to proposed developments. The Development
Regulations will provide detailed requirements about development near or in any water body,
including ponds, streams, rivers, and wetlands in addition to ocean shorelines. Where there is
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conflict between the Municipal Plan and the Development Regulations, and, any regulations or
requirements of the provincial or federal government, the latter shall prevail.
Further to the above, Council 's policies are that:
I) As a general principle, proposed development should not pollute or degrade any part of the
community. In cases of large or special types of projects where environmental protection
concerns are complex, the proposals should be carefully studied and any concerns brought to
the attention of the appropriate provincial or federal authorities.
2) The sensitive riparian habitat of the Rusty Blackbird along wetlands, rivers, streams and
ponds (not including the shores of White Bay) will be respected by way of establishing a
buffer strip of 50 metres on each side of those features, in which disturbance of natural
vegetation will be prohibited except where approved by the Wildlife Division of the
Department of Fisheries, Forestry and Agriculture.
3) Garbage, refuse, abandoned vehicles and any other discarded materials of any kind should be
disposed of only at an authorized waste disposal site or facility outside the Municipal
Planning Area.
4) Such material shall not under any circumstances be used as fill for buildings and lots.
5) Wrecked or inoperable vehicles, machinery or equipment of any kind shall not be stored or
abandoned where it may be in public view.
6) Owners of dilapidated structures or unsightly yards will be required to remedy the situation if
they present a safety hazard or degrade the appearance of the community.
7) See Section 6.2.2. for policies concerning natural hazards to building, which specifies a
number of requirements affecting development near water bodies. The more stringent of the
requirements shall apply.
6.2.5 Development Near Highway 421, Bayside Road and Loop Road
Development near provincial highways (Highways 421 , 421-11 , and 421-12) in the municipal
planning area) is regulated by the provincial government, pursuant to but not limited to the
following regulations, in which the classification and/or proximity criteria are subject to change,
and Council 's policy is to include these in the Development Regulations:
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a) Building Near Highways Regulations, under the Works, Services and Transportation
Act: for any action to erect, repair, alter or structurally improve a fence, building or
other structure, including planting of trees, shrubs or hedges, within:
1.
15 metres from the centre line of Highway 421 , which is named Hampden
Road in provincial government naming of public highways) as it is a
designated a class D highway in these regulations.
ii.
IO metres from the centre line of Highways 421-11 (Bayside Road) and
421-12 (Loop Road) as they are designated as class E highways in these
regulations.
b) Highway Sign Regulations, under the Urban and Rural Planning Act: for any sign
within 400 metres from the centre I ine of the roadway for locations within the
municipal planning area but outside the municipal boundary, or, within I 00 metres
from the centre line of the roadway where within the municipal boundary [note that
the proximity criteria is subject to change]. A,11 of the said highways are within the
municipal boundary, thus the proximity criteria is 100 metres from the centreline.
Application for permits pursuant to the above regulations is to be made to the Government
Services Centre, Service NL. These requirements are in addition to requirements pursuant to this
Municipal Plan and the Development Regulations.
6.2.6 Mobile Home, Campground, and "Tiny Home" Developments
To better integrate the typically longer shape of mobile homes and provide for campgrounds and
"tiny home" developments, Council 's policies are that:
1) The minimum required rear yard for mobile homes will be reduced and other
requirements related to their unique shape will be included in the Development
Regulations.
2) Mobile home parks and campgrounds will be considered at Council's discretion, where
permitted in the use zone table for the applicable zone, and be subject to site plan
approval as described in this Municipal Plan and to a detailed development agreement
with the Council to deal with management and servicing concerns.
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3) In order to address the potentially incompatible appearance of unusually small or narrow
single dwellings such as mobile homes and "tiny homes", a minimum dimension of the
shortest main wall of single dwellings will be specified in the Development Regulations.
It will apply to each phase where phased construction is involved.
4) In order to be able to accommodate single dwellings to be built in phases where the
minimum floor area requirements would not be satisfied in the initial phases (sometimes
called "tiny homes"), Council will permit such single dwellings to be built in phases
where permitted in the use zone table for the applicable zone, by way of site plan
approval as described in this Municipal Plan. The site plan must show the way in which
the configuration of later phases of construction will result in a fully compliant dwelling
floor area without encroaching on any required yards or failing to meet other
requirements such as off-street parking. Variances may be considered concurrently.
Home businesses will be permitted in such structures in any phase, but subsidiary
apartments will not be permitted until the main building floor area satisfies the minimum
requirement for single dwellings.
6.2. 7 Antennas and Wind Turbines
Tall antennas and wind turbines (windmills) represent an aesthetic and safety concern due to
their visual effect and the large areas of land required to accommodate their guy wires and access
roads. Aesthetic considerations are quite subjective, but not to be discounted: grid-connected
wind turbines in Atlantic Canada currently reach as high as 100 metres from the ground to the tip
of the top blade when it is vertical (some have tower heights over 50 metres and blade lengths
up to 42 metres). Antennas can be much taller than that and involve widespread guy wire arrays
which severely compromise the development potential of large areas of land.
Short antennas can be integrated in settled areas in some cases, because the aesthetic effects are
not extreme as the structures are thin and there are few large attachments on them. Land
consumption for self-supporting towers is negligible, but even a short antenna with guy wires has
a considerable footprint which cannot be further developed. Wind turbines present the added
issue of noise and safety related to operation of the machinery and shedding of ice from the
blades.
Council acknowledges that regulation of antennas is in the jur.isdiction of the Government of
Canada, and that the role of Council is to take part in consultative processes in which
communities may be able to participate. Council is recognized as a local "land use authority" in
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current federal government guidelines concerning consultation. It is Council 's policy that the
policies and requirements set out in the Municipal Plan and the Development Regulations
describe the aspirations of the community in this regard, and that Council's view is that the
process of municipal permitting provides an orderly method of dealing with public consultation
and Council 's input to federal authorities.
Council 's policies concerning these developments are as follows:
1) Council 's balancing of safety, land consumption and aesthetic considerations calls for a
categorization of antennas and wind turbines according to type of structure and tower
heights. Definitions and detailed conditions for approval applicable to these structures
will be set out in the Development Regulations.
2) Tall antennas and wind turbines are viewed as incompatible if located in close proximity
to the Mixed Development area.
6.2.8 Keeping of Animals
Pets
People keep animals for a variety of reasons: as pets for the companionship and enjoyment of
them practically as members of the household, and as economic assets in some cases, providing
food, fur and other materials as well as labour for the benefit of the owner. Keeping of pets is
rarely a matter of concern in a Municipal Plan, as the activity tends to be self-regulating as far as
land use effects are concerned.
Municipal planning laws such as the Development Regulations are not intended to be used to
deal with situations where pets are not properly housed or not given appropriate care. In those
cases, regulations concerning public health, cruelty to animals, noise and other such matters
enable authorities to deal with offending behaviour.
Council's policy is that the Development Regulations will specify keeping of pets to be an
accessory use to the main use of a property where it is appropriate. A reasonable number of
animals of acceptable types will be defined in the use zone tables in the Development
Regulations for clarity.
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Agricultural animals
When large numbers of animals are bred, raised or kept for substantial economic gain or in larger
numbers than customarily recognized as pets, it is appropriate to regulate their locations and
characteristics for land use conflict, public health and environmental reasons. It is Council 's
policy that the Development Regulations will include requirements related to development of
agricultural class uses, that large animals not be permitted except in the Rural designation.
Council's policy is that the Development Regulations will include land area and proximity
requirements for such developments, based on the Environmental Farm Practices Guidelines for
Livestock [and Poultry] Producers in Newfoundland and Labrador. Also, such developments
require provincial government approvals.
6.2.9 Mineral Resources, Mining and Petroleum Resources
Exploration for subterranean resources is a valuable activity as it assists in locating potentially
valuable resources, whether or not they lie directly below the land being explored. Council's
policy is to consider such exploration activities as permitted or discretionary uses as specified in
the policies applicable to specific designated areas. Approval of an exploration permit does not
suggest or commit Council to subsequently approve a related mineral working, mining or
petroleum extraction application.
Council's policy is to include requirements in the Development Regulations to endeavour to
minimize negative impact on the areas affected by exploration and extraction, such as restrictions
on hours of mechanized operations, restoration of areas where ground has been disturbed,
removal of vehicles, equipment and trash when finished, and the like .
. 6.2.10 Flag Lots
As said earlier, the availability of building lots for new development is constrained by
topography and natural barriers and the extent to which the community is already developed.
Innovative use of "back lot" developments in the form of "flag lots" can enable development on
areas of land lying behind existing lots fronting on streets. Often the challenge is simply that of
access from the main body of the lot to the street, and that can sometimes be accomplished by
enabling use of a narrow leg comprising fee simple lands comprising part of the flag lot and/or
easements or licences to provide access across abutting lands. Council 's policy is to enable such
developments by including appropriate opportunity and requirements in the Development
Regulations.
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6.2.11 Removal of Quarry Materials
Quarry materials produced as a by-product of an approved development may be removed from
the development site. For example, site preparation to construct a building usually involves
removing topsoil, overburden, and sometimes bedrock from the footprint area; these materials
may be retained or re-used on the development site. Quarry materials include but are not limited
to aggregate, fill, rock, stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil,
and peat. The Department of Industry, Energy and Technology requires that they be notified of
upon issuance of a permit for a development involving removal of quarry materials, so that they
can ensure that provincial government regulations are observed.
Council's policy is that the Department of Industry, Energy and Technology will be made aware
of approved developments where the removal of quarry materials may take place, and that the
Development Regulations will contain a statement to the effect.
6.2.12 Non-Conforming Uses
Section I 08 of the Urban and Rural Planning Act 2000 concerns non-conforming uses, ie: those
uses which do not conform to a regulation, scheme or plan, and, which legally existed before this
Municipal Plan and Development Regulations are registered. Owners of such uses are entitled to
a statutory right to continue such non-conforming uses, and to modify a structure subject to a few
matters for which Council can make certain provisions, as follows:
I). Section I 08(2): the right to continue the non-conforming use expires after 6 months of
discontinuance unless otherwise extended in a regulation under the Act, ie: in the
Development Regulations. Council 's policy is to extend this period to 3 years, and to so
indicate in the Development Regulations.
2) Section I 08(3): a Council may approve changing the use to another use where the new
use would be more compatible with the Municipal Plan and Development Regulations,
notwithstanding that the new use would otherwise not be permissible. The Minister's
Development Regulations require that Council provide for new~paper or other form of
public notice of intent to consider the varying of a non-conforming use to another use,
and consider any representations or submissions received in response to the notice.
Council's policy is to provide in the Development Regulations a provision that such
notice be made other than by newspaper advertising.
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6.2.13 Archaeological and Heritage Resources
Archaeological sites and discoveries are protected pursuant to the Historic Resources Act 1985.
Council's policy is to protect its heritage resources and encourage the preservation of historic
buildings and sites. Council's policies concerning developments in that regard are that:
1) Development applications will be scrutinized for information on proximity to the known
registered sites in the municipal planning area. The specific locations are not identified
in the Municipal Plan or Development Regulations, to minimize their exposure to
vandalism and looting, but are known to the Council. Where the site of a proposed
development is on or in close proximity to a registered site, Council will notify the
Provincial Archaeological Office, and not proceed to approve the application until
authorized by the same.
2) Upon learning that a person has discovered potential artifacts during work on a
development, that person will be required to stop work and Council will report the
finding to the Provincial Archaeological Office, and continue a stop work order until
authorized by the same to remove it.
6.2.14 Temporary Uses
Generally, the Municipal Plan contemplates developments of a permanent nature. Council's
policy is that they may at their discretion approve temporary developments for accommodation
of itinerant or unusual short term activities such as placement of a motor vehicle or travel trailer
or equipment for short term events such as community festivals or for compassionate reasons.
Provisions will be included in the Development Regulations for suitable discretionary approval
criteria and maximum time periods applicable to these cases.
This policy is not to be confused with provisions for the phasing of construction of single
dwellings as "tiny houses" (see Section 6.2.6).
6.2.15 Advertisements (Signage)
All signs and advertisements are to be tastefully presented (in terms of lettering and overall
design), properly situated and well maintained in order to prevent unwanted visual effects, and
must be approved by Council. Obsolete and dilapidated signs may be subject to Council orders
to remove them.
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It is Council's policy to include detailed requirements in the Development Regulations. See also
Section 6.2.5 concerning signage near public highways.
6.2.16 Comprehensive Development
It is Council's policy that they may at their discretion approve major comprehensive
developments located within the municipal boundary and containing two or more individual
developments and at least one hectare in total area as a comprehensive development. Approval
is subject to site plan approval (see Section 7.2); other criteria will be given in the Development
Regulations.
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7.0 IMPLEMENTATION
7. 1 Implementation Policies
The policies of the Municipal Plan for the Hampden Municipal Planning Area will be
implemented by the exercise of appropriate Development Regulations, site plan control for larger
or more complex development proposals, and a planned sequence of public works.
All amendments to the Development Regulations will be checked against Future Land Use Maps
1 and 2 and the policies of the Municipal Plan for the purpose of conformity. This requires
proper professional advice and documentation prepared by a qualified planner and due process as
required by the Urban and Rural Planning Act 2000.
Before any development can take place, an application must first be made to Council for a
development permit. Development may take place only after Council or authorized staff have
reviewed the application and issued a permit. If the application is to be considered as a
discretionary use or if it is for a variance, the proper process of notice and Council deliberation
as detailed in Development Regulations shall be carried out. The development permit issued
pursuant to the Development Regulations does not substitute for or remove the need to secure
any permits required by building codes or provincial or federal government regulations such as
for private sewage disposal systems or access to public highways.
Council will consider the application to determine whether it conforms with the requirements of
the Development Regulations and the policies of the Municipal Plan. If it conforms, Council will
approve the application and inform the applicant and state any conditions that may apply. If the
proposed development does not conform to the Municipal Plan and Development Regulations,
the application must be refused. Any applicant who is dissatisfied with the decision of Council
may appeal to an Appeal Board. The Appeal Board will either confirm the decision or require
that Council's decision be varied or reversed.
Anyone who fails to follow the required application process or who otherwise violates the
Municipal Plan and Development Regulations can be prosecuted and may be ordered to remove
any illegal structure and restore the site and buildings on it to their original state.
Council has authority to grant a variance (not to be confused with a discretionary approval) of up
to l 0% of a quantified requirement applicable to a proposed development which does not strictly
comply with the development standards. However, the proposed development must conform to
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the general intent of the Municipal Plan. A proposed development must not change the permitted
land use, or significantly negatively impact adjoining properties, by virtue of grant of a variance.
Where Council deems it useful and necessary so as to better consider the details of large or
complex projects, a site plan may be required of the applicant. Site plan evaluation criteria are
appended to the Municipal Plan.
Municipalities in the province are encouraged to adopt the National Building Code. Its
requirements and administration are separate from those of the Municipal Plan and Development
Regulations. Often, building and planning regulations are considered in conjunction with each
other, as the prospective builder is usually considering them both at the same time, and the Town
may integrate information requirements on a common application form. However, the approval
of a building or construction permit under the National Building Code does not signify an
approval of a development permit pursuant to the Development Regulations, and vice versa.
Council's policy is that the Town of Hampden does not provide building inspection or plan
review services related to the National Building Code. Council's or staffs observations of new
construction will be only to ensure that the Development Regulations' requirements are met,
such as those concerning location of structures on the lot, parking, driveway location and
bridging roadside ditches and sidewalks, building height, and the land use of the development.
Persons requiring building inspection related to compliance with the National Building Code will
be advised to retain professional services at their own initiative and expense.
7.2 Site Plan Evaluation
Many of the land use planning issues associated with large residential subdivisions, multiple unit
residential, commercial, industrial and public uses and the like large or complex developments
can be avoided if sufficient concern for detailed design is incorporated in the development
approval process.
In order to fully assess such proposals and to apply conditions to such development permits,
Council may require a site plan to be prepared and approved by Council prior to approval of
applications. The Appendix to this Municipal Plan contains the site plan criteria required for the
preparation of a site plan.
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8.0 INTERPRETATION
8. 1 Land Use, Boundaries, and Roads
It is intended that the boundaries of the land use designations and location of roads and other
features shown on the Future Land Use Map 1 and the Zoning Map l in the Development
Regulations be considered as approximate, as the available base mapping does not provide
highly accurate information in some regards, except that the boundary of the Eliot Brook
Protected Public Water Supply Area which is designated pursuant to Section 10, Environment
Act, shall be strictly interpreted to be the boundary of that designated area.
Council's policies in this regard are:
1) The boundaries of the designations are to be interpreted as somewhat flexible in a limited
sense. Proposed developments which straddle or are very close to a boundary may be
considered in accordance with the policies of either designation, provided the proposed
development does not negatively impact the amenity and quiet enjoyment of areas in
either designation and respects the intent of other policies in this Municipal Plan.
2) With the exception just noted concerning the public water supply area, amendments to
the Municipal Plan or Development Regulations will not be required to support
reasonable interpretation by Council and staff concerning boundaries of designated areas
and zones, respectively. The intent and policies of the Municipal Plan are to guide the
interpretation of the mapped information.
8.2 Figures and Quantities Approximate
Figures and quantities herein shall be considered as approximate on any matter not involving
variances or a legislated requirement such requirements under the Water Resources Act or
regulations thereunder for the minimum width of buffers along watercourses. Amendments to
the Municipal Plan will not be required for reasonable interpretation of the meaning or precision
of other figures or quantities. Where there is conflict between references in the Municipal Plan or
Development Regulations to provincial government regulations or requirements, the provincial
matters shall prevail.
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APPENDIX: Site Plan Evaluation Criteria
When Site Plan approval is required, the owner or proponent shall prepare site development
plans, including any or all of the items listed below, according to the nature of the proposed
development and directions of Council:
1) the dimension of the site;
2) the area of the site;
3) dimensions to indicate the location of all buildings;
4) dimensions of buildings to provide comprehensive information of their plan form,
including future buildings or expansions;
5) the distance between buildings and all yards;
6) other uses, a breakdown of floor area by proposed use;
7) gross floor area of buildings;
8) dimensions of all parking areas, access roads and driveways;
9) function and type of landscaped areas;
10) landscaping plan and specifications including;
11) surface treatment ( asphalt, grass etc.)
12) tree and shrub types and sizes
13) location and number of trees to be retained or planted
14) dimensions of buffer zones, driveways, etc.
15) number and size of parking spaces and location
16) location and size of signage
17) location and width of all walkways, footpaths
18) location of loading zones
a) proposed contours and drainage of surface runoff ditching;
b) surrounding land uses;
c) existing access constraints, e.g. right-of-ways which exist on site or adjacent to it,
easements, or fire routes, and the means of satisfactorily addressing them;
d) location and intensity specifications for lighting;
e) location and use of outside storage areas;
f) perspective drawings and plans showing 4 point building elevations and 2-way
cross sections of buildings;
g) provisions for ongoing operation of features of the development which may
involve commitments or obligations of the Town of Hampden o_r its departments
and agencies.
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