Indian Bay, Newfoundland and Labrador
· adopted 2019-09-09
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Urban and Rural Planning Act, 2000
Resolution to Adopt
Town of Indian Bay Municipal Plan
2019 - 2029
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the
Town Council of Indian Bay adopts the Indian Bay Municipal Plan.
Adopted by the Town Council of Indian Bay on the 9th day of September 2019.
Signed and sealed this /5 day of (}cC , 2019
Mayor:
Christa Lane
(Council Seal)
Canadian Institute of Planners Certification
I certify that the attached Municipal Plan has been prepared in accordance with the
req irements of the Urban and Rural Planning Act, 2000.
-
Urban and Rural Planning Act, 2000
Resolution to Approve
Town of Indian Bay Municipal Plan
2019 - 2029
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural
Planning Act, 2000, the Town Council of Indian Bay
(a)
Adopted by the Indian Bay Municipal Plan on the 9th day of September 2019.
(b)
Gave notice of the adoption of the Indian Bay Municipal Plan by advertisement inserted
on the 18th day and the 25th day of September 2019 in the Central Voice newspaper.
(c)
Set the 7th day of October 2019 at the Town Hall, Indian Bay for the holding of a public
hearing to consider objections and submissions.
Now under the authority of section 23 of the Urban and Rural Planning Act, 2000, the Town
Council of Indian Bay approves the Indian Bay Municipal Plan as adopted.
SIGNED AND SEALED this /..) day of _O_c_-C __ 2019.
Mayor:
of)jJ (
Christa Lane
(Council Seal)
Clerk
~
~,._ Po.10,1~
Triffie
rsons
M11lli1.:ip:1I Plan/A mendment
REGISTERED
Table of Contents
1.0
INTRODUCTION .............................................................................................................. 1
1.1 Purpose of the Municipal Plan .......................................................................................... 1
1.2 Plan Preparation ............................................................................................................... 1
1.3 Contents of the Municipal Plan ......................................................................................... 1
1.4 Municipal Plan Administration ........................................................................................... 1
1.5 Interpretation ..................................................................................................................... 2
2.0
BACKGROUND REPORT ................................................................................................ 3
2.1 Geographical Setting ......................................................................................................... 3
2.2 Population ......................................................................................................................... 5
2.3 Age Structure .................................................................................................................... 5
2.4 Households and Housing .................................................................................................. 7
2.5 Agency Comments ............................................................................................................ 8
2.5.1
Service NL ............................................................................................................ 8
2.5.2
Forestry Branch (Fisheries and Land Resources) ................................................ 8
2.5.3
Office of Climate Change ...................................................................................... 8
2.5.4
Provincial Archaeology Office ............................................................................... 9
2.5.5
Wildlife Branch ...................................................................................................... 9
2.5.6
Water Resources Division ................................................................................... 10
2.5. 7
Crown Lands ....................................................................................................... 11
2.5.8
Land Management .............................................................................................. 11
2.5.9
Agricultural Lands SectionN ................................................................................ 11
2.5.10
Geological Survey - General Comments on Municipal Plan Reviews ................ 13
2.5.11
Mineral Lands ..................................................................................................... 16
2.6 Public Consultations ....................................................................................................... 21
2.6.1
First Open House -August 9, 2017 .................................................................... 21
2.6.2
Second Open Ho!Jse - September 12, 2019 ...................................................... 21
3.0
GOALS AND OBJECTIVES ............................................................................................ 22
3.1 Community Structure and Character .............................................................................. 22
3.2 Economic Growth and Development .............................................................................. 22
3.3 Environment .................................................................................................................... 23
3.4 Housing ........................................................................................................................... 23
3.5 Open Space and Recreation ........................................................................................... 23
3.6 Capital Works .................................................................................................................. 24
3. 7 Governance .................................................................................................................... 24
3.8 Municipal Finance ................ , .......................................................................................... 24
4.0
COMMUNITY WIDE POLICIES ...................................................................................... 25
4.1 Policy Framework ........................................................................................................... 25
4.2 General Land Use Policies ............................................................................................. 25
4.2.1
General Layout of the Town ................................................................................ 25
4.2.2
Land Development Proposals ............................................................................. 26
4.2.3
Discretionary Uses .............................................................................................. 27
4.2.4
Mineral and Petroleum Exploration ..................................................................... 27
4.2.5
Mineral Working .................................................................................................. 28
4.2.6
Forest Resources and Trees .............................................................................. 28
4.2. 7
Utilities ................................................................................................................ 28
4.2.8
Archaeological Resources .................................................................................. 28
4.3 General Environmental Policies ...................................................................................... 29
4.3.1
General Environment .......................................................................................... 29
4.3.2
Water Supply Areas ............................................................................................ 29
4.3.3
Waterfowl Habitat Conservation ......................................................................... 29
4.3.4
Soils and Drainage .............................................................................................. 30
4.3.5
Watercourse and Wetland Protection ................................................................. 30
4.3.6
Coastal Shorelines .............................................................................................. 30
4.3.7
Steep and Unstable Slopes ................................................................................ 30
4.3.8
Storm Drainage ................................................................................................... 30
4.3.9
Use of Discretionary Authority ............................................................................ 31
4.4 Infrastructure Policies ..................................................................................................... 31
4.4.1
Water Supply System ......................................................................................... 31
4.4.2
Sanitary Sewer System ....................................................................................... 31
4.4.3
Stormwater Management. ................................................................................... 31
4.4.4
Water and Sewer Requirements for New Development ..................................... 31
4.5 Transportation ................................................................................................................. 32
4.5.1
Consideration of Environmental Impacts ............................................................ 32
4.5.2
Arterial Roads ..................................................................................................... 32
4.5.3
Collector Roads .................................................................................................. 32
4.5.4
Local Roads ........................................................................................................ 32
4.5.5
Street Design and Construction .......................................................................... 33
4.5.6
Rural Access Roads ........................................................................................... 33
5.0
LAND USE DESIGNATIONS .......................................................................................... 34
5.1 Environmental Protection ................................................................................................ 34
5.1.1
Environmental Protection Zone ........................................................................... 34
5.2 Protected Watershed ...................................................................................................... 35
5.2.1
Protected Watershed Zone ................................................................................. 35
5.3 Coastal ............................................................................................................................ 35
5.3.1
Coastal Zone ....................................................................................................... 35
5.4 Residential ...................................................................................................................... 36
5.4.1
Land Use Zones .................................................................................................. 36
5.4.2
Residential Mixed Zone ...................................................................................... 37
5.4.3
Residential Zone ................................................................................................. 37
5.5 Residential Seasonal ...................................................................................................... 38
5.5.1
Residential Seasonal Zone ................................................................................. 38
5.6 Commercial ..................................................................................................................... 38
5.6.1
Commercial Zone ................................................................................................ 38
5.7 Tourism Resource ........................................................................................................... 39
5.7.1
Compatibility with the Indian Bay Brook Habitat Management Unit.. .................. 39
5.7.2
Tourism Resource Zone ..................................................................................... 39
5.8 Public Use ....................................................................................................................... 40
5.8.1
Public Use Zone .................................................................................................. 40
5.9 Rural ............................................................................................................................... 40
5.9.1
Rural Zone .......................................................................................................... 40
6.0
IMPLEMENTATION ........................................................................................................ 42
6.1 Administration of the Plan ............................................................................................... 42
6.1 .1
Map Interpretation ............................................................................................... 42
6.1 .2
Qevelopment Applications .................................................................................. 42
6.1.3
Subdivision Proposals and Agreements ............................................................. 43
6.1.4
Non-Conforming Uses ........................................................................................ 43
6.2 Public Participation ......................................................................................................... 44
6.3 Development Regulations ............................................................................................... 44
6.3.1
Council Responsibility ......................................................................................... 44
6.3.2
Content ............................................................................................................... 44
6.4 Development Control ...................................................................................................... 45
6.4.1
Municipal Plan is Binding .................................................................................... 45
6.4.2
Council Responsibility ......................................................................................... 45
6.4.3
Subdivision and Development Applications ........................................................ 45
6.4.4
Right to Appeal ................................................................................................... 45
6.4.5
Provincial and Federal Referrals ......................................................................... 45
6.5 Amending the Municipal Plan and Development Regulations ........................................ 45
6.5.1
Municipal Plan Amendment ................................................................................ 45
6.5.2
Stand-Alone Amendment to the Development Regulations ................................ 45
Indian Bay Municipal Plan, 2019-2029
Page 1
1.0 INTRODUCTION
1.1
Purpose of the Municipal Plan
The Indian Bay Municipal Plan is a comprehensive policy document to manage development and
growth within the Indian Bay municipal planning area over the ten-year planning period 2019-29.
This document has been prepared in compliance with the Urban and Rural Planning Act, 2000,
(also referred to as the Act).
The Plan was drafted following a comprehensive review of the former Municipal Plan and
Development Regulations and consultations with Council, residents, and appropriate government
agencies. Relevant planning issues have been reviewed as required under the Act, including a
study of land use, population change, economic and social issues, transportation, municipal
services, and environmental issues.
1.2
Plan Preparation
This Municipal Plan reflects the review of land use, environmental, demographic, social, and
economic issues, consultations with Town Councillors and staff, and public comments received
through the community participation process.
The Plan guides future growth and physical improvement of the Town by identifying locations and
policies for various types of land use development. The Municipal Plan provides the basis for the
Land Use, Zoning, and Subdivision Regulations (generally referred to as the Development
Regulations), which Council will administer through subdivision approvals and development
permits. The Municipal Plan authorizes Council to prevent the undertaking of any development
that contravenes a policy stated in the Municipal Plan.
1.3
Contents of the Municipal Plan
The Municipal Plan, comprising this document and the accompanying Future Land Use Maps,
constitutes a legal document pursuant to the Urban and Rural Planning Act, 2000. It contains:
-
The aims of Council (goals and objectives).
-
Land use policies for future development.
-
Future Land Use maps, which allocate land for future development, environmental
protection, and natural resource uses.
The Background Report in Section 2.0 describes conditions in the town at the time the Municipal
Plan was prepared and summarizes input received in the public consultations. The Background
Report does not form part of the legal document.
1.4
Municipal Plan Administration
After Ministerial approval of the Indian Bay Municipal Plan was published in the Newfoundland
and Labrador Gazette, the Plan became binding upon the Indian Bay Municipal Council and all
other persons, corporations and organizations.
Council administers the Municipal Plan by
carrying out the Plan's policies. This is done in several ways:
-
By preparing and implementing the Development Regulations,
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Indian Bay Municipal Plan, 2019-2029
Page2
-
By issuing development permits to applicants wishing to subdivide land, erect or
architecturally alter a building or structure, or change the use of a building or land, or
conversely, refusing to issue permits for developments that are not in accordance with the
Plan,
-
By issuing demolition permits to applicants wishing to remove buildings or structures, or
conversely, refusing to issue permits for demolitions that are not in accordance with the
Plan, and
-
By adopting or approving development schemes, concept plans, comprehensive plans,
and so forth.
In accordance with Section 25 of the Act, Council may make amendments to this Plan and
Development Regulations at any time. Amendments will be brought into effect by the same
process used to bring the Municipal Plan into effect. Sections 14 to 25 apply to an amendment
to the plan and development regulations.
1.5
Interpretation
In this Municipal Plan:
-
"Council" means the Council of the Town of Indian Bay.
-
"Development Regulations" mean the Indian Bay Land Use Zoning and Subdivision
Regulations.
-
"Municipal Planning Area" means the Indian Bay Municipal Planning Area.
-
"Town" means the Town of Indian Bay.
The boundaries between the different land use designations in the Municipal Plan are meant to
be general except where a boundary is delineated by a road or other prominent feature, in which
case it defines the exact limits between each designation.
Nothing in the Plan will affect the continuance of land uses that were lawfully established on the
date that this Plan came into effect.
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Indian Bay Municipal Plan, 2019-2029
2.0 BACKGROUND REPORT
2.1
Geographical Setting
Page3
As shown in Exhibit 2.1 the built-up Town of Indian Bay is located in Northwest Arm in Indian
Bay on the west side of Bonavista Bay. Its southern boundary abuts the Town of Centreville-
Wareham-Trinity and to the north it lies 29 kilometres from the Town of New-Wes-Valley.
Access to the Town is provided by the Bonavista North Highway (Route 320). By road Indian
Bay lies 49 kilometres north of the Trans Canada Highway.
Exhibit 2.1 Regional Setting
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-
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-
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Island
120m
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+
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-
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-
Exhibit 2.2 on the following page shows the limits of the Indian Bay Municipal Planning Area.
The Town's built-up community, in the southeastern portion of the Planning Area, abut the
coastline at the head of Northwest Arm, Indian Bay. The much larger undeveloped areas lie
west and north of the built-up town.
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Exhibit 2.2 - Indian Bay Municipal Planning Area
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Indian Bay Municipal Plan, 2019-2029
Page5
2.2
Population
Exhibit 2.3 compares Indian Bay's population change from 1996 to 2016 with Census Division No. 7, of
which Indian Bay is a part, and the province as a whole. Census Division No. 7 all of Bonavista North
and extends to Green Bay to the west. Over the 20-year period Indian Bay's population declined from
217 to 175 residents, a drop of 19.4%, which compares to a decline of 18.0% in the Census Division as
a whole and a decline of 5.8% in the province.
Exhibit 2.3 - Population Characteristics
(Source: Census Profiles)
Indian Bay
Census
NL
Division 7
Census Population
1996
217
41,534
551,792
2001
214
37,335
512,980
2006
205
35,550
505,470
2011
174
34,686
514,536
2016
175
34,090
519,716
5-Year Population Change
1996-01
-0.1%
-10.1%
-7.0%
2001-06
-4.2%
-4.8%
-1.5%
2006-11
-14.6%
-2.4%
1.8%
2011-16
+0.5%
-1.7%
1.0%
20-Year Change
-19.4%
-17.9%
-5.8%
2.3
Age Structure
Exhibit 2.4 profiles the median age of Indian Bay' s population from 2001 to 2016 and draws a
comparison with the surrounding Census region, the province, and Canada as a whole. As with all the
benchmarks, Indian Bay's population is getting older. This is happening at a similar rate as t he Census
Division, somewhat faster than the province, and quite a bit faster than the country. The Town's
median age increased by a margin of 9.5 years over the period (from 41.3 in 2001 to 50.8 in 2016). This
compared to a margin of 11.3 years in the Census region, 7.6 years in the province, and 3.6 years in
Canada. As of 2016 Indian Bay's median age was 0.3 years younger than the region, 4.8 years older
than the province, and 9.6 years older than the country.
Exhibit 2.4 - Median Age, Indian Bay & Benchmarks
(Source: Census Profiles)
Median Age of Population
Indian
Census
NL
Canada
Bay
Div. 7
2001
41.3
39.8
38.4
37.6
2006
46.0
45.1
41.7
39.5
2011
49.0
48.3
44.0
40.6
2016
50.8
51.1
46.0
41.2
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Exhibits 2.5 and 2.6 illustrate changes in Indian Bay's age structure from 1996 to 2016. While overall
the population decreased by 35 residents or 16.6%, there was wide variation by age group. While the
0-19 and 20-44 age groups decreased by 30 and 45 respectively, the 45-64 age group increased by 25,
and the 65+ age group decreased by 15. Exhibit 2.6 illustrates how each age group has changed
proportionately over the 25-year period. The 0-19 group declined from 28.6% of the total to 17.1%
while the 20-44 group declined from 40.5% to 22.9%. In contrast the 45-64 group climbed from 19.0%
of t he total to 37.1% and the 65+ group climbed from 11.9% to 22.9%.
45.0%
40.0%
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
Exhibit 2.5 - Indian Bay Age Distribution, 1991-2016
(Source: Census Profiles & NL Community Accounts)
Age
1996
2001
2006
2011
2016
Group
0-19
60
55
40
25
30
28.6%
26.2%
20.0%
14.7%
17.1%
20-44
85
75
55
40
40
40.5%
35.7%
27.5%
23.5%
22.9%
45-64
40
55
75
70
65
19.0%
26.2%
37.5%
41.2%
37.1%
65+
25
·25
30
35
40
11.9%
11.9%
15.0%
20.6%
22.9%
Total
210
210
200
170
175
100.0%
100.0%
100.0%
100.0%
100.0%
Exhibit 2.6
Percent Population by Major Age Groups
1996-2016
1996
2001
2006
2011
-
0-19 -
20-44 -
45-64 -
65+
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Indian Bay Municipal Plan, 2019-2029
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2.4
Households and Housing
Exhibit 2.7 compares household and housing characteristics in Indian Bay with the surrounding
census region and the province as a whole. Between 2001 and 2016 the number of households
in Indian Bay climbed by 12.3% while the average number of residents per household dropped
from 3.3 to 2.4. In 2016 Indian Bay's average household size of 2.4 residents compared to 2.3
in both the region and the province.
Exhibit 2.7 - Household Characteristics
(Community Accounts - Housing)
Indian Bay
Census Div.
NL
7
All Private Households 2001-11
2001
65
13,815
189,045
2006
70
14,010
197,185
2011
65
14,290
208,842
2016
73
14,571
218,675
Change 2001-16
+12.3%
+5.5%
+15.7%
Average Household Size (Census Profiles)
Persons/Household 2001
3.3
2.7
2.7
Persons/Household 2006
2.8
2.5
2.6
Persons/Household 2011
2.7
2.4
2.4
Persons/Household 2016
2.4
2.3
2.3
Exhibit 2.8 compares Indian Bay's occupied housing stock with the other benchmark areas.
Occupied dwellings include all dwellings that are permanently occupied but exclude dwellings
that are not occupied on a full-time basis.
Single detached dwellings make up 86.6% of Indian Bay's occupied housing stock, similar to
the surrounding region at 90.6%, but in contrast to the province as a whole, where detached
dwellings comprise a much lower 73.4%.
Exhibit 2.8 - Dwelling Types, 2016
(Source: 2016 Census Profile)
Indian Bay
Div. No.
NL
7
Detached house
65
86.6%
90.6%
73.3%
Apartments
5
6.7%
5.5%
17.2%
Other
5
6.7%
3.9%
9.5%
Total
75
100.0%
100.0%
100.0%
An interesting aspect community housing inventories is the number of dwellings that are
unoccupied. An unoccupied dwelling can include a house that is fully vacant or a house that is
not occupied by permanent residents. Seasonal vacation homes are the most common type of
unoccupied dwelling. Exhibit 2.9 calculates the number of unoccupied dwellings as the
difference between total private dwellings and occupied dwellings as identified in the Indian
Bay Census Profiles. Unoccupied dwellings over the period decreased from 51 in 2001 to 43
in 2016, and generally ranged from thirty-five to forty three percent of total dwellings in each
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Indian Bay Municipal Plan, 2019-2029
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Census period.
Exhibit 2.9 - Estimate of Unoccupied
Dwellings
'derived from Census Profiles)
Total
Occupied
Unoccupied
Dwellings
Dwellings
Dwellings
2001
116
65
51
2006
106
68
38
2011
107
66
41
2016
113
70
43
2.5
Agency Comments
This section includes comments from agencies and government departments on general or
specific land use issues relevant to the Municipal Plan Review. It includes a consolidation of
comments received through the Province's ILUC (Inter-Departmental Land Use Committee)
process.
Comments were received from Service NL, Forestry, the Office of Climate Change, the
Provincial Archaeology Office, Wildlife, Water Resources, Crown Lands, Lands Management,
Agricultural Lands, and the NL Geological Survey.
2.5.1
Service NL
Development in these areas may require permits and/or approvals from the Government
Service Centre. Prior to the start of any development, the proponent should contact the
Regional Office of the Government Service Centre, Gander, to discuss permits and/or
approvals that may be required.
2.5.2
Forestry Branch (Fisheries and Land Resources)
Domestic cutting area 40 encompasses most of the area and forestry requests this be retained
for domestic harvest for residents and cabin owners in the area.
As there is an area of pre-commercial thinning to the north of Four Mile Pond, Forestry requests
retention of the cutting rights for future commercial harvest.
There is a past agreement from 2010 with the Town of Indian Bay that the southeast portion of
this area not be harvested for viewscape value. Should the Town need to develop within this
viewscape area in future, forestry wishes to retain the cutting rights. In addition, there are areas
within this viewscape that has been silviculturally treated and Forestry wishes to retain cutting
rights.
Any development within the Indian Bay public protected water supply portion of the municipal
planning area will require consultation with forestry on the harvest of trees.
2.5.3
Office of Climate Change
Climate change is expected to result in more precipitation and more frequent extreme weather
events that may result in increased flooding, sea surge and coastal erosion. These factors
should be considered when allocating land for future developments that are in close proximity
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Indian Bay Municipal Plan, 2019-2029
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to a river, floodplain or coastline.
The Office suggests that provincial climate change projections for Gander Airport (the nearest
regional site) be considered in development stages. These projections suggest that extreme
precipitation events will become more intense. For example:
-
On a 24-hour basis, a 1-in-100 year storm is expected to bring 141.9 mm of precipitation
by mid-century, an increase from the current climate's 119.8 mm (18.4% growth); and
-
On a 12-hour basis, a 1-in-100 year storm is expected to bring 103.6 mm of precipitation
by mid-century, an increase from the current climate's 88 mm (17.7% growth).
More information on climate data can be provided by contacting Trina Caines (729-1485) or at
the following link: http://www.exec.gov.nl.ca/exec/ccee/publications/idf_curve_2015.pdf on
pages C-56 (current climate) and D-6 (projected climate).
The Office would also like to draw the Town of Indian Bay's attention to recent updates (Section
9.36) of the National Building Code, which now include energy efficiency requirements for new
buildings. The Town must comply with these new energy efficiency requirements for new
developments in the municipality.
2.5.4
Provincial Archaeology Office
The Provincial Archaeology Office (PAO) has a record of six known archaeological sites
located within the Municipal Planning boundaries of the Town of Indian Bay, which are
protected under the Historic Resources Act. A map of these sites has been provided to the
Town. If further information is required regarding the sites contact can be made with the PAO.
Any projects which involve major land use or ground disturbance should be reported to this
office in the planning stages so that necessary measures can be taken to ensure that historic
resources are not disturbed or destroyed.
2.5.5 Wildlife Branch
The Branch, through its involvement in the Eastern Habitat Joint Venture program, seeks to
work with municipalities in the development of municipal plans. We are very appreciative of the
Town's involvement in that program and the success of entering into a Municipal Stewardship
Agreement to protect wildlife and conservation values within its boundaries. We continue to
provide support and assistance to the town and are pleased to work with council/staff/
consultants
when
requested.
Please
contact
Jonathan
Sharpe
at
637-2013
or
[email protected] .ca.
The Forestry & Wildlife Branch would also like the municipality to consider general wildlife
habitat and landscape connectivity during their municipal review plan. This could include
(a)
Maintaining appropriate riparian buffers, which are natural green belts along wetlands
and waterbodies (ponds, rivers, creeks etc.). A 30-m minimum undisturbed natural
vegetated green belt could be a standard requirement when dealing with any type of
land use activity; wider green belts are suggested bordering salmon rivers or for land
uses that could include potentially harmful substances entering a nearby water system.
(b)
To maintain landscape connectivity, green belts should be connected to forested areas
or other habitat patches to create travel corridors for yarious wildlife species.
Development Regulations could incorporate a minimum percentage of forests to be
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maintained during lot clearing, for example. Vegetation clearing should always be done
outside the May 01 to July 31 period (note that some raptors start breeding in March)
as disturbance can be most detrimental during that sensitive breeding/ young rearing
period.
In case that the course of the boundary is still open for discussion, we strongly
recommend, where applicable, following natural features such as shorelines (ponds)
and rivers in order to manage green belts and landscape connectivity appropriately in
the Indian Bay area.
2.5.6
Water Resources Division
Under
the
authority
of
the
Water
Resources
Act,
SNL2002
cW-4.01
http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm, the Water Resources Management
Division (WRMD) http://www.env.gov.nl.ca/env/waterres/index.html is responsible for the
management of water resources in Newfoundland and Labrador. The WRMD has programs to
protect, enhance, conserve, develop, control, and effectively utilize the province's water
resources.
General for All Responses
Any effluent or runoff leaving the site will be required to conform to the requirements of the
Environmental
Control
Water
and
Sewage
Regulations,
2003
http://assembly.nl.ca/Legislation/sr/regu lations/rc030065. htm.
Application forms for permits and licenses, fee schedules, and guidelines are available at:
http://www.env.gov.nl.ca/env/waterres/regulations/appforms/index.html.
Work near or in a Body of Water
Prior to the start of construction, the proponent must apply for and obtain a permit under the
Water
Resources
Act,
2002,
specifically
Section
48
http://assembly.nl.ca/Legislation/sr/statutes/w04-01 .htm for any work near or in any body of
water (including wetland).
Contact: Manager, Water Rights, Investigations, and Modeling Section- (709) 729-2295
Wharf /Boathouse/SI i pway/Breakwater
A permit under Section 48 of the Water Resources is no longer required for some marine
structures. However, any proponent wishing to undertake such works must follow the new
guidelines for the Construction and Maintenance of Wharves, Breakwaters, Slipways and
Boathouses as found here, on the Government of NL website:
www.mae.gov.nl.ca/waterres/regulations/appforms/Guidelines_for_Wharves.pdf
Please note a permit will be required under Section 48 of the Water Resources Act for any
infilling or dredging work associated with these structures or other works in a body of water
Contact: Manager, Water Rights, Investigations, and Modeling Section- (709) 729-2295
Development Adjacent to or Within Protected Public Water Supply Area
Prior to the start of construction, the proponent must apply for and obtain a permit under the
Water
Resources
Act,
2002,
specifically
Section
39
http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm
for any proposed
development
adjacent to or within the Big Pond Protected Public Water Supply Area servicing the
Community of Indian Bay. Also, any work adjacent to or within this designated Protected Public
-
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Indian Bay Municipal Plan, 2019-2029
Page 11
Water Supply Area must comply with this Department's Policy for Land and Water Related
Developments in Protected Public Water Supply Areas.
www.env.gov.nl.ca/env/waterres/regulations/policies/water_related.html.
Contact: Manager, Drinking Water & Wastewater Section - (709) 729-4048
Other Comments
-
The Water Re·sources Management Division, Department of Environment and
Conservation no longer requires permits under Section 48 of the Water Resources Act
for some works within 15 meters of water bodies (including wetland). This does not
apply to Flood Risk Areas or work IN a body of water. The Regional Crown Lands office
should be consulted to determine if work is being completed within a Crown Lands
reservation (may be around waterbodies, streams, lakes, ponds, coastal areas, etc.)
-
The Water Resources Management Division generally does not recommend approval
for the construction of commercial or residential (single dwelling or subdivision)
properties, especially if un-serviced, within wetland areas. There is a risk that adjacent
properties could have water quality or quantity issues from these developments. As
well, the Water Resources Management Division does not recommend approval for the
infilling of water bodies, nor the diversion of streams to accommodate residential
development. Contact: Manager, Hydrologic Modeling Section - (709) 729-2295 5
2.5. 7 Crown Lands
Crown land applications within the area will require a referral being sent to the Town.
There are numerous existing titles and sites under application for Crown lands within this Town
planning area - proposed plans should take this into account as well as to giving consideration
to some possible future land uses.
2.5.8
Land Management
The proposed planning area takes in a large amount of the Indian Bay Ecosystem Cottage
Development Plan. As a result, there are a number of issued titles for cottages and a number
of applications. Consideration of the Cottage Plan must be given when developing a Municipal
Plan and Development Regulations.
2.5.9
Agricultural Lands Section
The Section's mandate is to protect existing and future agricultural activity, small or large scale,
in this province. Land and soil for agricultural development is limited within this province and
its protection is vital.
The Agricultural Land Section is satisfied with the proposed boundaries; provided that existing
agriculture properties and development must not be negatively impacted and permitted to
expand where permissible. This includes properties not identified on the attached map such as
small scale home gardens.
Baird Planning Associates
Indian Bay Municipal Plan, 2019-2029
,,
Raconvnendad Minimum Land Area for Manure Applications
,.
,.
.., .. ..
,. .. ..
'"'
HO
,,.
Nole For c~nmplc. a 10,000 hen la)-cr opcrouon (equal 10 40 animal untlS (AU) since 10,000 + 2S2
hcns/nn1mnl uni1 from Table I) l)would require u mmnnum ors hectares orloam sotl or 12
hcc1nrcs of sand , loam soil 1111s is calculalcd by cx1cnd1ng o honzorual lmc from 1hc 30-40
AU poinl on lhc vcrticnl ruos ovc, tu lhc lwo hcn,,y Imes and lhen drawmg ano1hcr line
downwards to 1he horvontul wcis 10 8 :ind 12 hectares, rcspec1ivcly This same process can
be repealed for any sued opcrouon once lhe AUs have bc:cn determined from Table C I
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11.l'fj 161,l
.IJri<ullurol uod 11""
Indian Dai, ~I.
""".,._.l..:IUM
- - ·- ·
__
, _____ _
- - ·
Gefwalllapt.....,.s
------
·· ---
- -·
- .. - ... .--
---
Indian Bay Municipal Plan, 2019-2029
Page 13
TABLE C.1 -Animal Unit Equivalents (A.U.) (C)
Type of
Avg. Weight per
Number of Livestock = 1
Number of AU per
Livestock
Animal
AU
Livestock
Layinq Hens
1.8
252
0.00396
Broilers
0.9
500
0.0019
Pullets
1.3
350
0.0029
Broiler Turkey
6.5
70
0.0143
Heavy Turkey
7.5
60
0.0165
Heavy Toms
12.0
40
0.0264
Dairy Cows
545.0-640.0
1
1.20-1.41
Heifers
300.0
2
1.30 (0.66 each)
Veal
91.0
5
1.0 (0.20 each)
Bulls
545.0
1
1.20
Beef Cattle
360.0
2
1.60 (0. 79 each)
Sows (F to F)
454.0
1
1.0
Sows
150.0
3
1.0 (0.33 each)
Hogs
75.0
6
1.0 (0.165 each)
Boars
150.0
3
1.0 (0.33 each)
Sheep (Ewe)
54.0
8
1.0 (0.119 each)
Sheep (Lamb)
27.0
16
1.0 (0.059 each)
Goats
64.0
7
1.0 (0.141 each)
Foxes (w/Litter)
11.35
40
1.0 (0.025 each)
Mink
3.0
150
1.0 (0.007 each)
Rabbits
2.27
200
1.0 (0.005 each)
Note:
One animal unit is equivalent to 454 kg (1,000 lb.) live weight
Source: NL Department of Forest Resources and Agrifoods
2.5.10 Geological Survey - General Comments on Municipal Plan Reviews
The following comments are provided as a general statement from the Geological Survey of
Newfoundland and Labrador, Department of Natural Resources, as part of the municipal plan
review process. Some of the areas of discussion may not apply to the community under review.
More details can be provided by contacting:
Martin Batterson
Director Geological Survey of Newfoundland and Labrador
Phone(709)729-3419
Email: [email protected]
Newfoundland and Labrador has a long history of geological disasters with over 290 incidences
of geologically-related impacts having been recorded from 150 communities in the province
over a 223-year period. There are likely numerous unrecorded events that have occurred in
areas currently within municipal boundaries at a time when there was no impact on
infrastructure. With community expansion and the pressure for development, these areas may
be considered for residential or commercial uses. To assist the municipal planning process in
identifying areas of geological hazard, the Geological Survey has begun a project to identify
areas at risk of geologically-related events (landslide, rockfall, avalanche, coastal erosion,
flooding) within municipalities in the Province.
(http://www.nr.gov.nl.ca/mines&en/geosurvey/disasters/)
The sections below on flooding, landslide and rockfalls, coastal erosion and climate change
should be considered in planning decisions:
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Indian Bay Municipal Plan, 2019-2029
Page 14
1.
Flooding
Flooding affects both inland and coastal areas. River flood plains are those areas adjacent to
modern rivers that overflow their banks during storm events or as a result of ice jams. Low-
lying coastal areas may be inundated by the sea during storm surge events, especially if
coastal protection (including beaches) is breached. Areas at river mouths are particularly
vulnerable during river flooding during periods of unusually high tide or storm events. Flood
risk maps for many areas of the Province have been released by Environment Canada and the
Newfoundland Department of Environment and Conservation. These maps indicate historical
events and show areas of potential threat from 1 :100 year flood events. The responsibility for
flooding related issue lies with the Water Resources Division, Department of Environment and
Conservation, and they should be consulted on this subject. Historical flood events have been
compiled
in
the
Geological
Survey's
database
of
geological
disasters
(http://www.nr.gov.nl.ca/mines&en/geosurvey/disasters/).
2.
Landslide and rockfall
Rockfall and landslide are common in Newfoundland. They are commonly triggered by heavy
rainfall on steep slopes. Any development at the base of a steep slope should consider rockfall
potential.
These are slope processes that involve the downslope movement of material (unconsolidated
sediment, bedrock and snow) in response to gravity. The slope angle and sediment
characteristics are important factors that influence slope stability. Rockfalls are the downslope
movement of boulders, either by free fall, rolling or sliding. These boulders may be dislodged
by freeze-thaw activity, erosion beneath the boulder, bedding plane failure or through human
activity. Rockfall may also impact a slope below and trigger a landslide. Rockfalls tend to occur
repeatedly, forming a talus cone of boulders at the foot of a steep slope. For single-block rock
falls, the concept of a 'shadow angle' is well established. The shadow angle is defined by the
angle below horizontal formed by the line lying between the apex of the slope subject to rock
fall and the extreme position of rock fall debris (boulders). Numerous studies have shown this
to be between 22° and 30°.
Landslides involve the downslope movement of unconsolidated material under the influence of
gravity and are capable of producing widespread damage. In Newfoundland and Labrador
landslides are commonly triggered by heavy rain or snowmelt, which introduce large quantities
of water to the slope. Sediment becomes saturated beyond its shear strength, at which point,
movement occurs. This movement may be rapid (e.g., debris flows) or slow (e.g., creep).
Historical landslide events have been compiled in the Geological Survey's database of
geological disasters (http://www.nr.gov.nl.ca/mines&en/geosurvey/disasters/).
3.
Avalanches
Avalanches are another rapid form of slope movement. They generally consist of a combination
of snow and ice, but may include sediment, rock, and vegetation. To occur, they require heavy
snowfall (either introduced by precipitation or wind), and a steep (30°-50°) slope. The trigger
for avalanche is commonly heavy snowfall over a smooth surface, produced from either a rapid
fall in temperature in the days preceding the snowfall or from a period of freezing rain or burial
of a weak layer in the snow. Alternatively, high winds blowing over a slope may create a cornice
which may break off, falling to the slope below and triggering an avalanche. Historical
avalanche events have been compiled in the Geological Survey's database of geological
disasters (http://www.nr.gov.nl.ca/mines&en/geosurvey/disasters/).
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Indian Bay Municipal Plan, 2019-2029
Page 15
4.
Coastal Erosion
Large parts of the coastline of Newfoundland and Labrador are composed of cliffs of
unconsolidated (non-rock) material. These areas are stable if covered by vegetation but may
erode quickly where exposed to waves. Rates of coastal recession up to 1 m per year have
been recorded in the province. Bedrock cliffs also erode, albeit at a slower rate.
Although there are Provincial regulations regarding development in relation to the high water
mark, in areas of unconsolidated material forming coastal cliffs or unconsolidated sediment on
bedrock however, set back from the cliff edge is, in our opinion, a more appropriate measure.
Based on an average recession rate of 15 cm per year and a 100 year life span for a structure,
we recommend a setback of at least 30m (twice the average erosion rate times 100 years)
from the cliff top to any planned residential or commercial development. A longer limit
should be considered in those areas where more active recession is noted.
The Geological Survey has recently initiated a coastal monitoring program that will provide data
on rates of coastal erosion for the Province. For more information on coastal vulnerability
contact Melanie Irvine at the Geological Survey (709-729-3489 or [email protected]).
5.
Climate Change
Wave magnitude and the frequency of extreme wave events (including storm surge) may be
expected to increase if predictions of global climate change and associated global sea level
rise occur. In Newfoundland and Labrador, the crust continues to move, albeit slowly, in
response to the last glacial period. Most of the Island of Newfoundland is currently experiencing
rising sea level, which will exacerbate the sea level rise as a result of climate change. Over the
next century sea level is be expected to rise by over 1 metre in eastern Newfoundland, 80-
90cm in western and southern Newfoundland, and less than 70 cm in Labrador; sea-level rise
will continue beyond 2099.
(http://www.nr.qov.nl.ca/nr/mines/qeoscience/publications/currentresearch/2010/batterson liv
er man.pdf).
Rising sea level will increasingly threaten our coastline and thus planning should restrict
development in low-lying areas or those adjacent to cliff edges that may experience enhanced
erosion. The increased risk of coastal erosion may be accentuated by increasing pressures on
the coast for residential development. Based on the potential future impact of sea level rise
and storm surge, areas below the present 2 m contour are considered to be highly
vulnerable to coastal flooding. Development within this area should be restricted to ensure
that appropriate mitigation measures are employed. These could include coastal protection
measures or enhanced engineering standards, although communities may choose to remove
these areas from development. Areas above the present 2 m contour may also be at risk from
coastal flooding, including storm surge.
The Government of Newfoundland and Labrador (Office of Climate Change and Energy
Efficiency) commissioned a study of the projected impacts of climate change in the province
for the period 2038-2070. The 2013 report, prepared by Dr. Joel Finnis of Memorial University,
incorporated data from 7 regional climate model (RCM) simulations provided by the North
American Regional Climate Change Assessment Project (NARCCAP). Model projections were
compared against observations collected by Environment Canada (EC) climate stations in the
province. With regards to predicted changes in temperature and precipitation the report
highlights that the climate will become warmer (especially winter temperatures) and wetter
(both intensity and duration) and that an increase in rain-on-snow events is likely. The latter
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Indian Bay Municipal Plan, 2019-2029
Page 16
could lead to an increased potential for flooding and landslides/ avalanches. Details of the
climate
change
projections
report
can
be
found
at:
http://www. turnbackthetide.ca/whatsnew/2013/nl_ climate_ change _projections_ summary. pdf
The Geological Survey is introducing a hazard mapping program for the province. Initial work
will
focus
on
the
north-east
Avalon
Peninsula
(e.g.,
http://www.nr.gov.nl.ca/nr/mines/geoscience/publications/openfiles/OF _001 N-0884.pdf).
Maps will be released as they are completed, and mapping will extend to other areas of the
province in due course.
As always, the Geological Survey is available for discussions on all geologically-related hazard
issues, including the potential impacts of, and adaptations to, climate change.
2.5.11 Mineral Lands
Attached is a map showing areas of recognized aggregate resource potential as before but
now also with quarry permit locations plotted. Black solid circles are quarry permits currently
issued. Yellow solid circles are quarry permits expired last year (and potentially to be renewed
this year). Red hollow circles are new applications for a quarry permit (there is one located
within the planning area, partially obscured by the label for Parsons Point). Of the quarry
permits located within the planning area, the site just east of Second Adurt Pond corresponding
to a current quarry permit and the site immediately south of North West Pond corresponding to
a quarry permit expired last year have both seen production, i.e., are established sites. The
site immediately north of Adurt Brook Pond is a new site and we don't yet know if ground has
been broken.
The proposed municipal planning area (MPA) contains two areas of recognized aggregate
resource potential (i.e. areas recognized as containing, or likely to contain, sand and gravel
deposits of suitable size and quality for quarrying), corresponding to glacial deposits located
near Indian Bay Brook (see attached map). Both of the deposits are inaccessible and to date
no one has sought permission to quarry either of them. One of the deposits is located north of
Indian Bay Brook and consists of an esker that the Geological Survey of Newfoundland and
Labrador estimates contains approximately 100,000 cubic metres of sand and gravel. This
deposit is located within the planned Indian Bay Eastern Habitat Joint Venture Management
Unit, and so quarrying of this deposit might not be permissible. The other deposit is located on
the south bank of Indian Bay Brook and consists of a terrace deposit that the Geological Survey
of Newfoundland and Labrador estimates contains approximately 200,000 cubic metres of
sand and gravel.
The Indian Bay Planning Area has seen minimal mineral exploration on the whole, however
significant mineral exploration, including test borehole drilling, has taken place historically in
the vicinity of Little Bear Cave Pond and Number Two Pond where there are recognized
occurrences of sulphide minerals. While any area of the proposed MPA may be of future
mineral exploration interest, future exploration activity is most likely to take place in the vicinity
of the western boundary.
Baird Planning Associates
-
----
-
are s of recognlzed aggregate resource
.1.
pot ntial (red) located in the Town of Indian 1
I
Ba proposed municipal planning area (MPA)
I
I
I
/
I
(
I
J
--,
I
I
I
'
lnd.1n
Bay
I
HI~
I
I
Point ,'h.Jsse/
8.JlilcCov.e
(
Indian Bay Municipal Plan, 2019-2029
Page 18
The Mines Branch offers the following general comments when drafting or revising a Municipal
Plan and Development Regulations (NOTE that this advice has been updated since originally
submitted to Municipal Affairs in mid-2017 regarding the Indian Bay proposed MPA):
The Municipal Plan and Development Regulations shall adhere to the following:
1.
"Mineral exploration (development)" shall be defined as:
the search for and sampling of minerals or quarry materials where the activity or
activities involved meet th·e definition of "development" under the Urban and Rural
Planning Act. "Mineral" and "quarry material" for the purpose of interpreting the
definition of mineral exploration (development) are as defined in the provincial Mineral
Act and Quarry Materials Act, 1998, respectively. Mineral exploration does not include
mining or mineral working (e.g., quarrying). Activities which meet the definition of
mineral exploration (development) are to be contrasted with mineral exploration
activities that do not meet the definition of development, examples of which typically
include traditional prospecting, geochemical sampling surveys (of rock, soil, sediment,
water, or vegetation), ground-based and airborne geophysical surveys, and the cutting
of survey lines.
2.
"Mineral working" shall be defined as
an operation consisting of one or more of the following activities: the digging for,
excavation, and removal of quarry materials (i.e., quarrying) (may involve blasting), the
removal of quarry materials previously excavated, the removal of quarry materials
previously deposited on site, the stockpiling of quarry materials, the processing of
quarry materials (e.g., crushing, screening, washing), the production of civil
construction materials which use quarry materials in their natural form (e.g., asphalt,
concrete), the re-processing of quarry materials including from reclaimed civil
construction materials (e.g., reclaimed asphalt, concrete), the production of soil by
blending organic materials with quarry materials, or the treatment or remediation of soil.
"Quarry material" for the purpose of interpreting the definition of mineral working is as
defined in the provincial Quarry Materials Act, 1998. Mineral working does not include
mining but may include mineral exploration (development) as a secondary activity.
Mineral working does not include the excavation and removal of quarry materials as a
by-product of an approved development.
3.
"Mining" shall be defined as
an operation involving the extraction of a mineral for sale and for which a mining lease
is required under the provincial Mineral Act administered by the Department of Natural
Resources. "Mineral" for the purpose of interpreting the definition of mining is as defined
under the Mineral Act. Mining may include, as secondary activities, mineral exploration
(development) and mineral working. Note that under the Mineral Act dimension stone
(i.e., stone used for building facades, gravestones, etc.) is considered a mineral in
Newfoundland (but a quarry material in Labrador) and therefore extraction of dimension
stone within the Town of Indian Bay Municipal Planning Area would be considered
mining.
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Indian Bay Municipal Plan, 2019-2029
Page 19
4.
Mineral working at quarry sites established before a zoning or other planning decision,
which restricts or disallows mineral working shall be considered a non-conforming use
as per section 108 of the Urban and Rural Planning Act, and allowed to continue
accordingly.
5.
Development Regulations typically establish minimum separation distances or buffers
between mineral workings and adjacent uses. Development Regulations shall also
contain a statement to the effect that, where a minimum required distance was originally
.observed when choosing the location of a mineral working, the mineral working shall
not be discontinued or impeded where the buffer is reduced to less than the required
distance due to encroachment of development towards the mineral working.
6.
In the Table of Use Classes, mineral working, mineral exploration (development), and
mining shall each be listed as their own, distinct Use Class. The same applies to
petroleum exploration and extraction.
The Municipal Plan and Development Regulations should adhere to the following:
7.
Mineral exploration (development) should at least be a discretionary use in all zones,
provided that the work is subject to conditions appropriate to the use zone and which
address any other concerns specific to the location.
8.
Mineral working should be a permitted use in areas zoned Rural and at least a
discretionary use in other relatively undeveloped zones in order to ensure that there is
adequate space for quarrying within the Planning Area to meet present and future
demand for construction aggregate and fill in the town. The cost of construction
aggregate and fill increases significantly with transportation distance, and this is why it
may not be prudent for municipalities to rely on more distant quarries to meet local
demand.
9.
The Development Regulations should contain a statement to the effect that "For
approved developments where the extraction of quarry materials is occurring or may be
expected occur, the Town will send a copy of the development permit to the Quarry
Materials Section, Mineral Lands Division, Department of Natural Resources. Note that
quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand,
clay, borrow material, topsoil, overburden, subsoil, peat." It is important that the
Department of Natural Resources have the documentation necessary to distinguish
excavation associated with an approved development from excavation that constitutes
quarrying; possessing development permits for developments which may involve
excavation will assist greatly in making this distinction.
· Background regulatory information:
Quarrying (the most common type of mineral working) and mineral exploration are already
highly regulated activities and the permitting process for each involves the municipality when
the proposed activity is located within a municipal planning area; we ask that municipalities
take this into account when developing their municipal plans and development regulations. The
following are summaries of how quarrying and mineral exploration are regulated in the
province:
Baird Planning Associates
Indian Bay Municipal Plan, 2019-2029
Page 20
(a) The Mineral Lands Division, Mines Branch, Department of Natural Resources, administers
the Quarry Materials Act, 1998, under which quarrying may be approved by the issuance
of either a quarry permit or lease. Quarry permits are issued for no longer than one year
and, strictly speaking, are not subject to renewal, however the holder of a quarry permit
one year gets the first opportunity to re-apply for a quarry permit covering the same area
next year. Once a quarried area is no longer covered by a quarry permit, then the most
recent quarry permit holder is required as a condition of that permit to rehabilitate the site
by re-sloping pit sides and placing stockpiled organic materials back over the site. Quarry
leases are issued instead of quarry permits where a longer term need has been
demonstrated, are issued for a period no longer than 20 years, and require a development
and reclamation plan and the posting offinancial assurance with the Department of Natural
Resources in an amount sufficient to complete the reclamation work outlined in the plan
should the company be unable to. Development and closure plans and the amount of
financial assurance are reviewed and approved by the Department and are required to be
kept up to date. All applications for quarry permits and leases for areas located within a
municipal planning area are referred to the municipality, in addition to other government
agencies, and terms and conditions are drafted to address any specific concerns raised
during the referral process. The Mineral Lands Division has three regional quarry
compliance officers who carry out inspections year-round to ensure that the terms and
conditions of quarry permits and quarry leases are adhered to, including that rehabilitation,
once due, is completed as required. Should a town have concerns about any quarrying
activity, whether before or after the issuance of a quarry permit or lease, the town should
contact the Mines Branch, Mineral Lands Division, in order to have the concerns
addressed.
(b) The Mineral Lands Division, Mines Branch, Department of Natural Resources, administers
the Mineral Act under which mineral licenses are issued and within the bounds of which
mineral exploration may be approved by the issuance of an "exploration approval".
Exploration approvals are generally issued for no longer than one year. Applications for
exploration approval involving areas within a municipal planning area and where the
activities proposed may involve ground disturbance, wildlife disturbance, water quality
impairments, or foreseeable land use conflict, are referred to the municipality, in addition
to other government agencies, and terms and conditions are drafted to address any
specific concerns raised during the referral process. That being said, basic environmental
requirements for mineral exploration are already set out in the Mineral Regulations under
the Mineral Act, for example, that all excavated, stripped, and grubbed sites be
rehabilitated by backfilling or re-contouring, as appropriate, and then placing stockpiled
organic materials back over the site. The Mineral Lands Division conducts inspections
year-round to ensure that the Mineral Regulations and the terms and conditions of
exploration approvals are adhered to, including that rehabilitation, once due, is completed
as required. Should a town have concerns about any mineral exploration activity, whether
before or after the issuance of an exploration approval from the Department of Natural
Resources to conduct the work, the town should contact the Mines Branch, Mineral Lands
Division, in order to have the concerns addressed. Mineral exploration activities may
include traditional prospecting, geochemical sampling, airborne and ground-based
geophysical surveys, survey line cutting, test pitting, stripping of bedrock, trenching, and
diamond drilling, and may be accompanied by the creation of new (temporary) access
trails, equipment laydown areas, campsites, or, less commonly, constructed access roads.
Exploration for quarry materials (e.g., sand, gravel) is permitted using the same procedure
and typically involves the excavation of test pits followed by their immediate rehabilitation.
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Indian Bay Municipal Plan, 2019-2029
Page 21
Questions about any aspect of quarrying, mineral exploration, or mining, or the above
comments should be directed to Stephen Hinchey, Land Use and Exploration Monitoring
Geologist, Mineral Lands Division, Mines Branch, Department of Natural Resources, at 729-
5748 or [email protected].
2.6
Public Consultations
2.6.1
First Open House - August 9, 2017
The first public consultation session for the Plan Review took place on June 13, 2017 at the
Indian Bay Town Hall. The session included an Open House from 2:00 pm to 5:00 pm and
again from 6:30 PM to 8:30 pm. Attendance included 3 Councillors and 5 members of the
public.
2.6.2 Second Open House - September 12, 2019
The second public consultation session took place on September 12, 2019 at the Indian Bay
Town Hall. The session included an Open House from 2:30 pm to 5:30 pm and again from
6:30 PM to 8:30 pm. Attendance included 3 Councillors and 6 members of the public. The draft
Municipal Plan and Developments Regulations were presented, and questions and concerns
discussed.
The following main issues were raised:
1. It was suggested that the former Bowater plant area fronting onto saltwater east
of the built-up area be designated for cottage development.
2. A resident objected that a wetland on his property was designated
Environmental Protection because this would prevent him from developing the
land.
3. Another resident objected to the proposed Residential designation of land on
the south side of the harbour. She said this land should be preserved for open
space uses such as nature trails.
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Indian Bay Municipal Plan, 2019-2029
Page 22
3.0 GOALS AND OBJECTIVES
This section outlines the Town's planning goals and objectives for the 2019-2029 period. A
goal is a desired state, which reflects the long-term intent of Council and relates to a major
area of interest or concern. An objective is a short-range step towards achieving the goal. In
this context, an objective is an outcome or output desired by Council in less than 10-years.
3.1
Community Structure and Character
Goals:
Ensure orderly and efficient land development and use of municipal services,
compatibility between land uses, and retention of the Town's attractive natural
and built features.
Objectives: Encourage and facilitate new development through infilling along Country Road
as well as new streets built in close proximity to existing streets and infrastructure.
Preserve and protect environmentally important and sensitive areas including
water supply areas, coastal and freshwater resources, and visually significant
features.
Encourage land development that is efficient in the use of municipal infrastructure
and sensitive to the existing physical form of the community.
3.2
Economic Growth and Development
Goal:
Encourage economic development that fosters employment opportunities,
promotes a high quality of life, contributes financially to the municipality, and
protects the environment.
Objectives: Support resources and activities that enhance tourism such as preservation and
development of trails, coastal shorelines, and visitor services and facilities.
Build on Indian Bay's economic strengths and opportunities, particularly with
respect to its function as a gateway to famous fishing and hunting grounds.
Allow for compatible mixed development of residential, commercial, tourism,
recreational, and open space uses.
Promote Indian Bay as an attractive place to live both year-round and seasonally,
drawing on its spectacular scenery, waterfront access, and recreational
amenities.
Encourage creative enterprises and home occupations that fit with the
neighbourhood character and do not impinge on the reasonable enjoyment of
neighbouring properties and the Town's landscape.
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Indian Bay Municipal Plan, 2019-2029
Page 23
3.3
Environment
Goal:
Conserve, protect, and enhance important and sensitive environmental
resources.
Objectives: Provide municipal services at environmentally acceptable standards.
Conserve, protect, and enhance important and sensitive environmental
resources, including coastal areas, lakes, streams, estuaries, wetlands, riparian
areas, steep slopes, wildlife habitat, and scenic vistas.
Protect the Indian Bay drinking water supply from land uses and activities that
could adversely affect water quality and quantity.
Reduce stormwater flows, erosion, and impacts on receiving waters by improving
how runoff is managed in developed and developing areas.
3.4
Housing
Goal:
Promote and facilitate adequate housing for all residents regardless of age,
income, abilities, and family status.
Ensure development proceeds in a way that maintains a pleasant residential
environment.
Objectives: Allocate sufficient residential land to meet anticipated requirements for the next
ten years.
Protect residential quality of life and property values.
Accommodate a range of housing types to satisfy market needs and ensure
housing is affordable for residents of different income levels, age groups, family
structures, and abilities.
Manage residential development in a manner that preserves and protects
sensitive environments and public open space.
3.5
Open Space and Recreation
Goals:
Maintain open space and natural areas to accommodate the recreational needs
of Indian Bay residents.
Objectives: Encourage public participation in the planning of open space and conservation
lands.
Encourage and support community organizations in organizing recreation and
festival activities and events.
Protect and enhance public access to the town's coastal and freshwater
shorelines.
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3.6
Capital Works
Goal:
Provide an acceptable and consistent level of water, sewer, and road services.
As much as possible, utilize existing capacity prior to investing in new streets and
municipal infrastructure.
Objectives: Maintain a water system within the Town capable of providing clean drinking
water to all feasible areas.
Provide a system of sanitary sewer trunk mains and local service lines capable of
accommodating existing and future sewage flows.
3. 7
Governance
Goal:
Provide municipal services and administration effectively, efficiently, and
equitably to all residents within the fiscal capacity of the Town.
Collaborate with other levels of government, community organizations, and the
business community to facilitate opportunities to improve local governance,
municipal services, and economic development.
Objectives: Encourage public interest and participation in municipal governing processes,
including Council elections, committee activities, and public participation in
decision-making.
Deliver municipal administration and services effectively, efficiently, openly, and
within the Town's fiscal capacity.
Ensure the Town is governed in compliance with relevant legislation such as the
Municipalities Act and the Urban and Rural Planning Act, 2000.
3.8
Municipal Finance
Goal:
Manage municipal expenditures and revenues so as to provide municipal services
within a framework of long-term financial stability.
Objectives: Manage municipal expenditures and debt burdens in a prudent manner and
according to the Town's ability to pay.
Encourage an enlarged economic base in the Town in order to generate more tax
revenues.
Ensure that growth-related capital costs for new developments do not place an
undue burden on residents' ability to pay.
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4.0 COMMUNITY WIDE POLICIES
4.1
Policy Framework
This section provides the policy framework for the planning of Indian Bay as expressed in the
Goals and Objectives outlined in Section 3.0.
The overriding thrust of the Municipal Plan is to ensure the development of an efficient and
sustainable community, maintain the town's attractive character based on a compatible mix of
built-up land uses and green space, and optimize economic development opportunities
particularly in relation to its function as a gateway to the rich fishing, hunting, and outdoor
recreation resources in the Indian Bay Brook watershed. This is important in order to achieve
the Town's development vision and contribute to environmental, economic, social, and financial
sustainability.
To accomplish the overall intent of the Plan, the following policy initiatives are put forward:
i)
Areas that can be developed and serviced at the most reasonable long-term costs to
the Town will be given priority for future growth. High priority is placed on the infilling of
vacant land on Country Road and along Route 320. Second priority is placed on areas
that are affordably close to existing streets and piped services.
ii)
Prominent natural features that help to preserve community character, such as the
mouth of Indian Bay Brook, coastal features, open space, and other scenic vistas will
be preserved.
iii)
A high standard will be maintained for both the built and natural environments,
particularly the protection of environmentally sensitive resources such as coastal
shorelines, wetlands, steep slopes, and vulnerable terrestrial and marine habitat.
iv)
Capital works will be undertaken in an efficient, financially prudent, and environmentally
responsible manner.
4.2
General Land Use Policies
4.2.1
General Layout of the Town
(1)
Council will encourage the consolidation of development in areas that are
economical to connect to existing roads and service with water and sewer. Of
particular focus will be suitable land abutting Country Road and along Route
320.
(2)
Council will pursue the future development of the scenic waterfront area abutting
the south side of the harbour at the mouth of Indian Bay Brook.
(3)
Council may refuse proposed developments in locations where municipal
services are inadequate or where it would be uneconomic to provide and
maintain municipal services.
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(4)
Council will require land developments to include reasonable measures to
reduce stormwater runoff from the site, including as necessary the setting-aside
of green areas for stormwater control and infiltration.
(5)
Council may refuse proposed new developments, building alterations, and
demolitions that would undermine conservation and preservation of the Town's
coastal scenery.
4.2.2
Land Development Proposals
(1)
Site Environmental Suitability
When reviewing a proposed development or subdivision of land, Council will consider
the site's suitability in terms of soils, geology, location of watercourses and wetlands,
steepness of grades, and overall environmental sensitivity. When considering approval,
Council will ensure that the development will have minimal negative effects on water
resources, and surrounding properties.
(2)
Land Needed for Environmental Protection
When approving a development, Council may require portions of the proposed site to
be set aside from development or vegetation clearing in order to reduce and control
stormwater drainage and erosion. Council's authority to require land to be set aside for
environmental purposes derives from Section 13(3) of the Urban and Rural Planning
Act, 2000. Land needed for such purposes will not be included in the calculation of land
for public use as set out in Section 37(1) of the Act.
(4)
Land for Public Use
In accordance with Section 37 of the Act, for each subdivision approval, Council may
require the developer to convey an area of land to the Town for open space or other
public use. This conveyance would be equal to up to ten per cent of the gross area of
the land to be developed. Land to be set aside must be high quality land suitable for
the purpose.
Alternatively, in lieu of land dedication, Council may accept a sum of money that is
equivalent to the value of the land that would have been conveyed.
(5)
Coordination with Surrounding Development
New developments will be coordinated with nearby existing developments, the street
network, and municipal infrastructure. New developments may be required to provide
for access to adjacent undeveloped lands.
(6)
Municipal Services and Access
The scale of new development must be appropriate to the availability of municipal
services and street access. Council will ensure that a new development will make
efficient use of existing streets and infrastructure and will not create unreasonable
servicing demands or costs. If Council deems that a proposed development cannot be
efficiently connected to or serviced by existing infrastructure, it may refuse the
development.
(7)
Public Input
Council will seek input from nearby residents and landowners when reviewing
development proposals that it deems may impact their properties or the area in general.
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(8)
Council Decision
Council will review each development application on a case by case basis and may:
(a)
Approve the application as proposed,
(b)
Approve the application subject to certain terms or conditions,
(c)
Defer a decision subject to more detailed information or requested modifications
to the proposal, or
(d)
Refuse the application if it deems that the development:
(i)
would be unsuitable for the location,
(ii) would be prohibitively expensive to service or maintain, or
(iii) would create environmental or other problems that cannot be sufficiently
corrected or mitigated.
4.2.3
Discretionary Uses
Council may decide that a land use should be set out as a discretionary use in a
particular zone in the Development Regulations, where:
(a)
the suitability of the use is not clear and may depend on the land use
characteristics and circumstances of individual locations within the zone,
(b)
Council determines that the use could negatively affect the predominant uses of
the zone and, in order to prevent or mitigate this impact, it would be desirable to
consult with the public prior to issuing, issuing subject to conditions, or refusing
a development permit,
(c)
Council determines that the use could negatively affect the general character of
an area or important coastal or scenic resources and, in order to prevent or
mitigate this impact, it would be desirable to consult with the public prior to
issuing, issuing subject to conditions, or refusing a development permit,
(d)
It is necessary to attach conditions to an approval to ensure that the use is
developed in a way that is compatible with nearby buildings and other
predominant uses of the area.
4.2.4 Mineral and Petroleum Exploration
(1)
Subject to other provisions of this Municipal Plan, mineral and petroleum
exploration that is not classed as a development (by virtue of drilling,
appreciable ground disturbance, or construction of access roads) may be
permitted anywhere in the Planning Area, provided that the Town is given
previous notice.
(2)
In accordance with Sections 12 and 13 of the Mineral Act, no exploration of any
type will be permitted on privately owned land without the consent of the
landowner.
(3)
Mineral and petroleum exploration that is classed as a development may be
permitted in certain designations, provided that adequate provision is made for
environmental protection, site reinstatement, landscaping, buffering, or
mitigations of impacts on residential, commercial, industrial, institutional and
recreational areas.
(4)
Mineral and petroleum exploration will be permitted only if all necessary
Provincial approvals have been obtained.
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4.2.5
Mineral Working
(1)
Mineral working operations, where permitted, will be subject to terms and
conditions to minimize impacts on environmentally sensitive areas and nearby
existing development.
(2)
Mineral working operations will take measures to minimize negative impacts on
water resources and other sensitive environmental resources.
4.2.6
Forest Resources and Trees
(1)
Forests will be preserved and protected for the production of timber-based
products as well as the realization of important non-timber values such as fish
and wildlife habitat, water quantity and quality, biodiversity, scenery, recreation,
tourism, and maintenance of landscape connectivity.
(2)
Harvesting of forests and trees will respect the Town's objectives for
environmental protection, preservation of scenery, outdoor recreation,
stormwater control, and drinking water protection.
(3)
In order to preserve a site's natural characteristics and attractiveness for
development, Council may restrict, or set conditions on, tree removal in areas
planned for future residential development.
4.2.7
Utilities
(1)
Utility Easements and Facilities
Utility facilities, such as transmission lines, communication towers, stormwater
drains, water and sewer pipes and treatment facilities, and pollution control
facilities, may be permitted in all land use designations subject to conditions set
by Council. Council may restrict, or place conditions on, the development of
certain utilities within the Environmental Protection and Coastal designations.
(2)
Alternative Energy Facilities
Wind, small hydro, and solar energy generation facilities may be permitted in
any land use designation except Environmental Protection subject to conditions
set by Council, including the following:
(a)
The location and design of such utilities shall take into consideration
potential impacts on nearby land uses, persons, and the natural
environment.
(b)
Wind generators permitted within built-up areas will be limited to single
turbines designed to serve individual properties.
(c)
To provide for adequate safety and comfort of persons and properties,
Council will ensure that there is an adequate separation distance
between any type of wind generator and nearby buildings and
structures.
(d)
Energy utilities are subject to required approvals by relevant provincial
and federal departments.
4.2.8
Archaeological Resources
Archaeological sites are protected under the Historic Resources Act. If such a site is
discovered, development will stop .and no further development will occur until the
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Provincial Archaeology Office has been notified and has provided direction on how the
development should best proceed.
Development buffers will be maintained around known archaeological sites until such
time as the Provincial Archaeology Office has been notified and advised on necessary
measures to ensure that the site is not disturbed or destroyed.
4.3
General Environmental Policies
Conservation values are intrinsic to this Municipal Plan. High priority is given to protecting
sensitive areas and habitat. Council will protect freshwater resources, particularly the Town's
water supply area with a focus on minimizing stormwater impacts, soil erosion, and
watercourse sedimentation. Council will also provide protection to all lands within the Indian
Bay Brook Habitat Management Unit. All land use decisions will duly consider environmental
sustainability and biodiversity objectives.
4.3.1
General Environment
(1)
Protection of Sensitive Areas
Environmentally sensitive lands, including water supply areas, the Indian Bay
Brook Habitat Management Unit, all watercourses, riparian areas, wetlands,
steep slopes, wet and unstable soils, and sensitive coastal features will be
protected from potentially damaging development.
(2)
Consideration of Environmental Impacts
Potential environmental effects will be considered when reviewing development
applications. At its discretion, and in accordance with other statutory
requirements, Council may refer development proposals for advice and/or
regulatory approval to Provincial and Federal departments and non-government
agencies such as Municipal Affairs and Environment, Service Newfoundland
and Labrador, Health and Community Services, Fisheries and Oceans Canada,
Environment Canada, and the Stewardship Association of Municipalities.
4.3.2
Water Supply Areas
Within the Indian Bay municipal boundaries are two protected water supply areas
covering a total area of approximately 83 square kilometres. The Indian Bay Brook
watershed, which takes up most of this area, is the water supply area for Indian Bay. A
much smaller area located in the southern part of the Planning Area forms part of the
Northwest Pond protected watershed. It is the water supply area for area for Centreville
and Wareham.
Existing development in the Indian Bay Brook watershed includes four recreational
cottage areas and a network of forest access roads. These roads are mainly used to
access cottages.
These water supply areas will be protected with appropriate land use designations.
4.3.3
Waterfowl Habitat Conservation
Indian Bay has inland areas that contain important habitat for waterfowl species such
as ducks and geese. Council has entered into a Stewardship Agreement with the
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Province to set aside a significant area of land for the conservation of waterfowl habitat.
This area is referred to as the Indian Bay Brook Habitat Management Unit. It overlaps
almost entirely with the Indian Bay Brook protected watershed.
Most lands within the Management Unit are designated Environmental Protection to
correspond with the intent of Management Unit. The only exception is the Indian Bay
municipal park, which is designated for campground use.
4.3.4
Soils and Drainage
(1)
Development shall be permitted only on lands with soil and drainage conditions
that, in the opinion of Council, are suitable for the proposed use.
(2)
Development in areas that are environmentally sensitive or hazardous due to
wet or unstable soils, a high water table, or unstable geological conditions, may
be restricted or subjected to terms and conditions to reduce potential impacts.
4.3.5 Watercourse and Wetland Protection
(1)
Development in the vicinity of a watercourse or wetland will be carried out in a
manner that minimizes the potential for environmental impacts, protects natural
drainage, and preserves existing public access to the water.
(2)
Conservation buffers will be established to protect watercourses from
stormwater discharges, erosion, sedimentation, and pollution.
(3)
Where it believes that a proposed development may affect a wetland, at its
discretion, Council may:
(a)
require the developer to have the wetland delineated by a qualified
consultant,
(b)
establish a sufficient buffer from the edge of the wetland in which
development may not be permitted,
(c)
require such other conditions or restrictions to protect the wetland,
and/or
(d)
refuse to approve the development if it believes that identified impacts
cannot be sufficiently minimized or mitigated.
4.3.6 Coastal Shorelines
Development in the vicinity of coastal shorelines shall be carried out in a manner that
minimizes environmental impacts, protects natural features, and preserves existing
public accesses to and along the shoreline.
4.3.7
Steep and Unstable Slopes
Steep and unstable slopes may be subject to development restrictions or other
conservation measures designed to minimize environmental impacts and hazards to
humans and properties resulting from development.
4.3.8
Storm Drainage
(1)
Development will not be permitted in a manner that may cause excessive
increases in stormwater runoff such that it could be detrimental to adjacent
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properties, steep or unstable slopes, nearby watercourses, coastal shorelines,
and other sensitive areas.
(2)
In areas where there is concern that development may contribute to increased
surface or sub-surface drainage, Council may require developers and
landowners to:
(a)
Set aside undeveloped land where stormwater can be discharged to
naturally infiltrate into the soil.
(b)
Maintain vegetated buffers between stormwater drainage outlets and
watercourses to minimize direct discharges into watercourses.
(c)
Preserve existing trees or plant additional trees and shrubs to promote
soil infiltration and capture sediments.
(d)
Channel runoff to gardens and low-lying areas on the development site
and on individual lots.
(e)
Take advantage of the topography to reduce storm drainage, for
example, retain natural depressions in the landscape to accumulate
runoff and promote soil infiltration.
(f)
Re-establish vegetative cover immediately on gravel surfaces, banks,
drainage ditches, and other areas disturbed by construction activity.
4.3.9 Use of Discretionary Authority
Council may exercise its discretionary authority to prohibit or set conditions on a
development when, in its opinion, the development might result in undesirable
environmental impacts, for example, excessive drainage onto adjacent properties,
flooding, soil erosion, or scouring and siltation of streams.
4.4
Infrastructure Policies
4.4.1
Water Supply System
Council will maintain its water supply system, including intake, treatment plant, lift
station(s), and distribution system, in good working order to ensure the availability of an
adequate quantity and quality of water for residents, businesses, and public facilities.
4.4.2
Sanitary Sewer System
Council will maintain the town's sanitary sewer system in good working order.
4.4.3 Stormwater Management
Council will maintain storm drainage ditches and facilities in good working order.
4.4.4
Water and Sewer Requirements for New Development
(1)
All water and sewer infrastructure associated with new land development must
meet the minimum standards of the Town.
(2)
The costs of installing water and sewer services and connecting new lots to the
municipal system will be the sole responsibility of the developer.
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4.5
Transportation
The transportation system in Indian Bay includes a hierarchy of arterial, collector, and local
roads, as well as public trails and walkways.
4.5.1
Consideration of Environmental Impacts
New highways, streets, water crossings, and associated infrastructure will be located and
constructed so as to minimize adverse impacts on environmentally sensitive areas and
resources.
4.5.2 Arterial Roads
(1)
Purpose
The primary purpose of an arterial road is to provide safe and efficient traffic
flow for vehicles travelling to and through the Planning Area. A secondary
purpose is to distribute traffic within the Planning Area.
(2)
Description
Route 320 is Indian Bay's only Arterial Road. It passes through the Town for a
distance of approximately 4 kilometres.
(3)
Individual Accesses
Council will use its discretionary authority if necessary to prevent development
of any driveway or other private access along Route 320 where it deems that
such access would adversely affect traffic safety and/or efficiency.
4.5.3 Collector Roads
(1)
Purpose
The primary purpose of a collector road is to distribute traffic between major
points and local streets within the Town.
(2)
Description
Main Road is the only collector road in Indian Bay.
(3)
Individual Accesses
Access to abutting properties on collector roads will not be restricted but will be
properly planned to ensure they do not impede safety and traffic efficiency.
4.5.4
Local Roads
(1)
Purpose
Local streets are intended to serve properties located on the street and
generally are not used by traffic except to access these properties and adjoining
local streets.
(2)
Description
Local streets include all remaining streets not referred to as arterials or
collectors.
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(3)
Future Road Connections
Council will ensure that appropriate street reservations are reserved along Local
Streets to provide for future connections to backland areas with development
potential.
4.5.5
Street Design and Construction
(1)
The location, design, and construction of public streets will meet Council's
minimum requirements for public safety, traffic efficiency, access to adjoining
land, and construction quality.
(2)
Except where it is not physically feasible, new streets shall be located such that
there will be sufficient land to develop lots on both sides in accordance with the
development standards of the zone.
(3)
The layout of a new street will provide adequate reservations to accommodate
road extensions and access to backland areas for future development.
(4)
The costs of constructing and connecting new streets to the municipal street
system will be the sole responsibility of the developer.
4.5.6 Rural Access Roads
There are many kilometres of rural gravel roads within the Indian Bay Municipal Area that are
used for access to hunting and fishing areas, remote cottages, and for natural resource
activities such as forestry. These roads are not owned by Council, nor are they Council's
responsibility to maintain.
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5.0 LAND USE DESIGNATIONS
In addition to general policies that apply throughout the Planning Area, The Town's growth and
development will be managed by designating lands to broad land use categories. These
designations are shown on Future Land Use Maps 1 and 2. Policies outlined in this section
specify Council's intent related to land use and forms of development in each of the following
land use designations.
Future Land Use
Zones
Desianations
Environmental Protection
Environmental Protection
EP
Protected Watershed
Protected Watershed
PW
Coastal
Coastal
co
Residential
Residential
RES
Residential Mixed
RM
Residential Seasonal
Residential Seasonal
RS
Commercial
Commercial
COM
Tourism Resource
Tourism Resource
TR
Public Use
Public Use
PU
Rural
Rural
RU
5.1
Environmental Protection
Land is designated Environmental Protection to protect environmentally sensitive and
important lands and natural resources including water resources, wetlands, steep slopes,
important waterfowl habitat, and other sensitive lands.
5.1.1
Environmental Protection Zone
1.
Land Use
(1)
Conservation uses are permitted.
(2)
At its discretion, Council may permit open space uses such as walking trails and
boardwalks in appropriate locations.
(3)
At its discretion, Council may permit water utility, communications, and
transportation uses. Transportation uses such as road crossings of streams,
bridges, culverts, and drainage ditches may be permitted only if alternative
locations are not feasible and Council considers the proposed development to
be in the public interest. Council may consult with the Department of Municipal
Affairs and Environment, Fisheries and Oceans Canada, the Department of
Natural Resources and other relevant agencies before approving any such
development.
(4)
Excavation and infilling of land and water will not be permitted unless it is to
redirect stormwater or is a public work that has been approved by the Water
Resources Division of the Department of Municipal Affairs and Environment.
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5.2
Protected Watershed
The Protected Watershed designation is established to protect source water for the Indian Bay
Brook municipal water supply area. The designation also includes small sections of the
Northwest Brook water supply area, which supplies the communities of Centreville and
Wareham. Highest priority of this designation is to ensure land uses and development will not
negatively affect surface water and recharge areas for these water supplies.
5.2.1
Protected Watershed Zone
Indian Bay's drinking water supply area is located within the Indian Bay Brook Water Supply
Area, which is designated under the Water Resources Act. Within this water supply area, the
Protected Watershed is combined with the Environmental Protection zone to protect the quality
of source water for the Town of Indian Bay. Small sections of the Northwest Pond Water Supply
Area for the Town of Centreville-Wareham-Trinity are also included in the Protected Watershed
zone.
1.
Land Use
(1)
Conservation and open space uses are permitted.
(2)
Discretionary uses may include communications, forestry, mineral and
petroleum exploration, recreational open space, and transportation.
2.
Department of Municipal Affairs and Environment
No development will be permitted in designated Protected Watershed areas without the
approval and guidance of the Water Resources Branch of the Department of
Environment and Conservation.
3.
Watershed Monitoring and Enforcement
(1)
Council will monitor land uses and activities in the Protected Watershed
designation to ensure they are being carried out in a manner that will not harm
water quantity and quality.
(2)
Uses or activities that are found to be taking place in a manner deleterious to
the water supply will be subject to an immediate stop-work order in
accordance with Section 102 of the Act.
5.3
Coastal
The purpose of the Coastal designation is to protect sensitive coastal features while allowing
certain infrastructure, commercial, and recreational uses that are coastal location essential.
5.3.1
Coastal Zone
In the Coastal zone priority is given to protecting sensitive coastal features and scenery, and
to accommodating community and marine activities that have a bona fide need for shoreline
access.
1.
Land Use
(1)
Permitted uses of land in this zone will include conservation and open space -
uses such as walking trails, lookouts, and picnic areas.
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(2)
At its discretion, Council may permit fisheries, marine, and marina facilities and
personal-use docks, slipways, and stages as long as they are deemed to be
coastal-location essential and compatible with protection of coastal features and
scenic viewsheds.
(3)
No residential development will be permitted in the Coastal zone except at
Council's discretion and only in a circumstance where a lot existed prior to the
registration date of this Plan and there is no opportunity on the lot to erect the
dwelling outside the Coastal zone.
(4)
Council may consult with the Department of Municipal Affairs and Environment,
Fisheries and Oceans Canada, and other relevant agencies before approving a
proposed development in the Coastal zone.
5.4
Residential
Land is designated Residential to preserve the amenity of existing residential areas and
accommodate new housing needs. Existing residential development consists primarily of single
detached dwellings.
The Residential designation will facilitate housing in a way that maintains a pleasant residential
environment and provides for a diversity of year-round and summer homes. The intent is also
to manage residential development in a manner that preserves and protects sensitive
environments and public open space. Limited non-residential development may be permitted
in the Residential designation.
5.4.1 Land Use Zones
The Development Regulations shall establish two land use zones within the Residential
designation.
Residential Designation - Land Use Zones
Zone
Intent
Application
Residential Mixed
Allow for a continuance of
Indian Bay's existing main
the existing development
development area lying
pattern consisting of
north of the harbour and
residential uses
more recent development
interspersed with some
on both sides of Country
compatible commercial
Road.
uses.
Residential
Promote new development
New areas identified for
areas primarily for single
future residential
dwellings. Also allow for
development.
development of mini-
homes and double
dwellings. Provide
discretion for home-based
economic activities.
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5.4.2
Residential Mixed Zone
Single detached dwellings will remain the predominant land use in this zone. Other types of
housing as well as non-residential uses will be encouraged to the extent that it is compatible
with existing development. Priority for development will be to optimize the use of infrastructure
through infill opportunities and new development in areas that can be economically connected
to existing piped services.
1.
Land Use
(1)
Permitted housing the Residential zone include single dwellings and subsidiary
apartments.
Accessory buildings will be permitted subject to standards and conditions.
Other permitted uses include conservation, open space, personal crop uses,
childcare, home offices, and transportation.
(2)
Double dwellings, mini-homes, and row dwellings may be permitted at Council's
discretion.
(3)
At Council's discretion, a home occupation may be permitted within a residential
dwelling or an accessory building in accordance with conditions required by
Council.
(4)
Bed and breakfasts and visitor rental dwellings may be permitted at Council's
discretion subject to conditions set by Council.
(5)
Other discretionary uses include arts and crafts studios, boarding houses,
campgrounds,
catering,
cemeteries,
clubs
and
lodges,
commercial
accommodations, communications, cultural and civic uses, emergency
services, energy generation facilities, garden centres, general assembly,
general service, indoor assembly, indoor markets, kennels, light industry,
medical services, offices, outdoor assembly, outdoor market, personal livestock
uses, personal services, recreational open space, residential care, shops, take-
out food services, tourist cottage establishments, and visitor rental dwellings.
5.4.3 Residential Zone
Single detached dwellings will be the predominant housing form in this zone. Mini-homes and
double dwellings will be considered on a case-by-case basis. Compatible home-based
businesses will be encouraged.
1.
Land Use
(1)
Permitted housing the Residential zone include single dwellings and subsidiary
apartments.
Accessory buildings will be permitted subject to standards and conditions.
Other permitted uses include conservation, open space, personal crop uses,
childcare, and home offices.
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(2)
Double dwellings, mini-homes, and row houses may be permitted at Council's
discretion.
(3)
At Council's discretion, a home occupation may be permitted within a residential
dwelling or an accessory building in accordance with conditions required by
Council.
( 4)
Bed and breakfasts and visitor rental dwellings may be permitted at Council's
discretion subject to conditions set by Council.
(5)
At Council's discretion, energy generation facilities, kennels, recreational open
space, residential care, and transportation uses may be permitted.
5.5
Residential Seasonal
Land is designated Residential Seasonal to accommodate demand for recreational cottages in
appropriate areas.
5.5.1
Residential Seasonal Zone
1.
Land Use
(1)
Permitted housing the Residential Seasonal zone includes single recreational
dwellings.
Accessory buildings will be permitted subject to standards and conditions.
Other permitted uses include conservation, open space, personal crop use.
5.6
Commercial
The Commercial designation includes existing and proposed commercial areas. In keeping
with Council's goal of increased economic activity, areas are designated Commercial to
facilitate business opportunities for the Town.
Presently three areas are designated Commercial, each one fronting onto Route 320.
5.6.1
Commercial Zone
The Commercial zone allows for the development of various types of retail, service and light
industrial uses.
1.
Land Use
(1)
Permitted business uses include catering, communications, garden centres,
general
services, indoor markets, light industries, medical services,
offices, outdoor markets, personal services, shops, and veterinary services.
(2)
Conservation, open space, and transportation are complementary permitted
uses.
(3)
Other permitted uses include childcare services, cultural and civic uses and
emergency services.
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(4)
Uses that may be permitted at Council's discretion include campgrounds, clubs
and lodges, commercial accommodations, drinking establishments, energy
generation facilities, entertainment, assembly uses, general garages, general
industries, kennels, recreational open space, recycling facilities, service
stations, subsidiary apartments, take-out food services, and tourist cottage
establishments.
5.7
Tourism Resource
The Tourism Resource designation is established to expand and enhance opportunities for
tourism development. Presently the only area designated Tourism Resource includes the
Indian Bay Municipal Park.
5.7.1
Compatibility with the Indian Bay Brook Habitat Management Unit
New development will be permitted to the extent that it concurs with the Town's Stewardship
Agreement with the Province and will not negatively affect the Indian Bay Brook Habitat
Management Unit. In particular campground development in the Municipal Park will not be
permitted to encroach any closer to the shoreline of Indian Bay Brook.
5.7.2
Tourism Resource Zone
The Tourism Resource zone will provide for a mix of visitor accommodation, visitor services,
and recreational uses. The intent of the Tourism Resource zone is to facilitate economic
activities related to Indian Bay's strategic advantage as a destination for consumptive and non-
consumptive tourism. Locations in this zone are regarded as attractive sites for campground
and tourist cottage development combined with passive open space uses such as trails and
the waterfowl viewing areas.
1.
Land Use
(1)
The Tourism Resource zone will allow for the development of a strategic mix of
campgrounds and/or tourist cottage establishments combined with outdoor
recreation and open space uses and appropriate accessory retail and service
uses.
(2)
Permitted uses in the Tourism Recreation zone include open space and
conservation.
(3)
Uses that may be permitted at Council's discretion include campgrounds,
catering, energy generation facilities, temporary outdoor markets, recreational
open space, shops, subsidiary apartments, take-out food services, tourist
cottage establishments, and transportation.
2.
Protecting Environmentally Sensitive and S_cenic Areas
Council may restrict or set conditions on development in locations that are identified as
environmentally or aesthetically sensitive. In such areas protection and conservation
will take priority over development.
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5.8
Public Use
Land is designated Public Use in order to permit the development of public and institutional
land uses.
5.8.1 Public Use Zone
1.
Land Uses
(1)
Permitted uses in the Public Use designation include childcare, educational
uses, and medical services.
Conservation, open space, and transportation are permitted complementary
uses.
(2)
Uses that may be permitted at Council's discretion include cemeteries, clubs
and lodges, cultural and civic uses, energy generation facilities, assembly uses,
places of worship, recreational open space, and residential care facilities.
Catering may be permitted in a main use if deemed by Council to be integral
and complementary to the operation of that use.
2.
Cemeteries
(1)
An application to develop or expand a cemetery must be accompanied by a site
design plan for Council's consideration.
(2)
Cemeteries will be protected from incompatible abutting development.
5.9
Rural
Areas are designated Rural to recognize their importance for natural resource utilization,
agriculture development and protection, outdoor recreation, and certain industrial activities that
may not be suitable in or near Indian Bay's built-up areas.
Urban encroachment into rural areas will be minimized in order to sustain resource-based
activities and reduce the loss, fragmentation, and degradation of potential agricultural land and
natural habitat.
5.9.1
Rural Zone
The Rural zone recognizes land used presently for agriculture, forestry, mineral working, and
other natural resource developments, or with the potential for these uses.
1.
Land Use
(1)
Permitted uses in the Rural zone include crop agriculture, forestry, mineral and
petroleum exploration, energy generation facilities, transportation, open space,
and conservation.
(2)
Uses that may be permitted at Council's discretion include cemeteries,
campgrounds, communications, livestock agriculture, mineral working, mining,
petroleum extraction, recreational open space, and salvage yards.
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At its discretion, Council may permit a single dwelling that is accessory to a
commercial agricultural use.
A general or light industrial use may be permitted at Council's discretion
provided that the use is accessory to a commercial agriculture, forestry, mineral
working, or is unsuitable for built-up areas of Indian Bay.
An outdoor market or shop may be permitted at Council's discretion provided
that the use is accessory to a commercial agriculture use or campground.
2.
Cemeteries
(1)
An application to develop or expand a cemetery must be accompanied by a site
design plan for Council's consideration.
(2)
Cemeteries will be protected from incompatible abutting development.
3.
Environmentally Sensitive and Scenic Areas
Council may restrict or set conditions on land uses and resource extraction activities in
locations where it deems that the use may adversely affect steep slopes, geologically
unstable areas, wetlands, watercourses and other sensitive areas. In these areas,
protection and conservation will take priority over development.
4.
Forestry
(1)
Forest harvesting and management activities will be subject to the requirements
and supervision of the Forestry Branch of the Department of Fisheries and Land
Resources.
(2)
Harvesting activities shall respect the Town's objectives for environmental
protection, municipal watershed protection, scenic preservation, and recreation
areas.
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6.0 IMPLEMENTATION
The Indian Bay Municipal Plan will be implemented over the next 10 years through decisions
of Council. Of particular importance to Council are the following:
-
Effective administration of the Municipal Plan
-
Public participation
-
Development Regulations
-
The basis of development control, and
-
The procedure for considering amendments to the Municipal Plan.
6.1
Administration of the Plan
The Indian Bay Municipal Plan is is comprised of goals and objectives (Section 3 of this
document), community-wide land use policies (Section 4), designation-specific land use
policies (Section 5), and a program of implementation (Section 6). The Background Report
(Section 2) provides information but does not form part of the legally binding Indian Bay
Municipal Plan. All development applications will be evaluated as to their conformity to the
policies in the Municipal Plan.
6.1.1
Map Interpretation
(1)
For the purpose of administering the Municipal Plan, Future Land Use Maps 1
and 2 shall be read only in conjunction with the goals, objectives and land use
policies of the Plan.
(2)
The boundaries of the land use designations shown on the Future Land Use
Maps are general only and, except where they coincide with roads, shorelines,
or other prominent physical features, are not intended to define exact limits. No
amendment to the Indian Bay Municipal Plan shall be required to allow minor
adjustments of the land use boundaries. Other than such minor boundary
adjustments, no development shall be permitted that does not conform to the
Plan.
6.1.2 Development Applications
(1)
A person wishing to develop land for any purpose within the Indian Bay
Municipal Planning Area must apply to Council for permission through the
established procedure. Council shall require that all development applications
conform fully to the Indian Bay Municipal Plan before proceeding. Council may
refuse or approve the application and may set conditions on approval. The
decision of Council may be appealed to the appropriate appeal board.
(2)
Once conformity to the Municipal Plan has been established, Council shall
ensure that each development proposal is given an evaluation.
·
(3)
If Council suspects that a Provincial or Federal policy or statute may come into
effect, it will refer the development proposal to the relevant government
department or agency for approval or comments.
(4)
Council's final decision on an application will be based on the desire to guide
the development of Indian Bay in the best long-term interest of residents and
landowners.
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(5)
Provisions regarding the appeal of Council decisions on development
applications will be contained in the Development Regulations.
6.1.3
Subdivision Proposals and Agreements
(1)
Evaluations of proposed subdivisions of land for development will include the
following:
(a)
An investigation of the physical conditions and features of the site,
opportunities for development, and constraints on development.
(b)
A demonstration of how the proposed subdivision will connect to existing
roads, how it will affect existing developments, and whether it will provide
future access to undeveloped lands in the area.
(c)
A demonstration that the proposed subdivision will be compatible with
surrounding land uses, both existing and future.
(d)
An examination of proposed municipal services and the long-term public
costs of providing and maintaining these services.
(e)
Consideration of how stormwater drainage will be managed to minimize
increased run-off onto adjacent lands.
(f)
Consideration of how the development may affect important and
sensitive environmental resources.
(2)
Before major land developments are approved in the Indian Bay Municipal
Planning Area, Council may require the developer to enter into a development
agreement with the Town. Such an agreement shall establish the conditions
under which development will proceed and shall be binding on both parties. Any
conditions governing the development will be enforced by attaching them to the
development permit.
6.1.4 Non-Conforming Uses
(1)
A building, structure, or other development that does not conform with the intent
and permitted land uses of this Municipal Plan, but which legally existed before
the registration date of the Plan, will be permitted to continue as a "non-
conforming use" subject to the provisions of Section 108 of the Act.
(2)
Notwithstanding subsection (1 ), if a non-conforming use is discontinued for a
consecutive period of twelve months, it shall not be recommenced and any
further use of the land or building shall conform to the intent of this Plan and its
Development Regulations.
(3)
A non-conforming use under this Municipal Plan:
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by Council,
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development,
(c)
shall not be reconstructed or repaired for use in the same non-
conforming manner where 50 percent or more of the value of that
building, structure or development has been destroyed,
(d)
may have the existing use for that building, structure or development
varied by Council to a use that is, in Council's opinion more compatible
with this Municipal Plan and its Development Regulations
(e)
may have the existing building extended where, in Council's opinion, that
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extension is not more than 50 percent of the existing building
(f)
where the non-conformity is with respect to the standards included in the
Development Regulations, shall not be expanded if the expansion would
increase the non-conformity; and
(g)
where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with this Municipal Plan and its
Development Regulations, be repaired or rebuilt where 50 percent or
more of the value of that building or structure is destroyed.
6.2
Public Participation
The Municipal Plan is an expression of the goals and aspirations of the citizens of Indian Bay,
therefore, periodic reviews of the Plan provide an opportunity for public participation and input
and can be an invaluable tool for the successful implementation of planning.
Council will take advantage of opportunities to involve the public in decision-making processes
with respect to future planning and development of the community.
6.3
Development Regulations
Pursuant to Section 35 of the Urban and Rural Planning Act, 2000, Council has adopted the
Indian Bay Land Use Zoning and Subdivision Regulations (referred to as the Development
Regulations) in order to implement the goals, objectives and land use policies of the Municipal
Plan. The Development Regulations control the subdivision and development of all land within
the Indian Bay Planning Area.
6.3.1
Council Responsibility
In accordance with Section 35 of the Urban and Rural Planning Act, 2000, the
Development Regulations have been established to ensure that land is controlled and
used only in accordance with the Indian Bay Municipal Plan.
6.3.2
Content
The Development Regulations:
(a) divide the Planning Area into land use zones
(b) indicate permitted and discretionary land uses in each land use zone,
(c) set out municipal-wide and zone-specific requirements and standards for the
subdivision and development of land,
(d) set out the administrative procedures for dealing with development permit
applications and the issuing of development and building permits,
(e) set out the regulations respecting the non-conforming development and use of
land,
(f) set the minimum notice periods for Council decisions respecting discretionary land
uses, non-conforming land uses, and variances,
(g) set out the regulations and procedures respecting appeals of Council decisions,
and
(h) set out the regulations respecting the enforcement of permit requirements.
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