Town of Irishtown-Summerside Municipal Plan (effective May 7, 2021)
Irishtown-Summerside, Newfoundland and Labrador
· adopted 2021-05-07
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Town of Irishtown-Summerside
Municipal Plan 2020-2030
Prepared by
Baird Planning Associates
March 2021
Urban and Rural Planning Act 2000
Resolution to Approve
Town of lrishtown-Summerside Municipal Plan, 2020 - 2030
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of lrishtown-Summerside
(a) Adopted by the lrishtown-Summerside Municipal Plan on the 8th day of December 2020.
(b) Gave notice of the adoption of the lrishtown-Summerside Municipal Plan by advertisement:
Posted at the Town Hall and on bulletin boards at the Canada Post community mailbox
station, Brent's Convenience, and First Stop Convenience on December 14, 2020.
Posted on the Town's Facebook page on December 14, 2020.
(c)
Set the 18th day of January 2021 at the Town Hall, lrishtown-Summerside for receipt of
objections and other representations for consideration by the Public Hearing Commissioner.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town
Council of lrishtown-Summerside approves the lrishtown-Summerside Municipal Plan.
SIGNED AND SEALED this 10th day of March 2020.
Mayor:
tfl
Anthony Blanchard
(Council Seal)
Clerk:
J3/0e1
Rita Blanchard
Municipal Plan
REGISTERED
Number 2425-2021-000_____
Date ------------
Signature _________ _
April 30, 2021
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
2.2.1
Current and Historical Population .................................................................................................... 5
2.2.2
Age Structure .................................................................................................................................... 6
2.2.3
Population Forecast .......................................................................................................................... 8
2.3
Households and Housing ..................................................................................................... 9
2.4
Agency Comments .............................................................................................................. 12
2.4.1
Provincial Archaeology Office ......................................................................................................... 12
2.4.2
Energy Branch ................................................................................................................................. 12
2.4.3
Office of Climate Change ................................................................................................................ 13
2.4.4
Water Resources ............................................................................................................................ 14
2.4.5
Forestry ........................................................................................................................................... 16
2.4.6
GIS and Mapping ............................................................................................................................ 16
2.4.7
Land Management - Agriculture ..................................................................................................... 16
2.4.8
Mines - General Comments ........................................................................................................... 16
2.4.9
Mines - Geological Hazards ............................................................................................................ 22
2.4.10
Local Governance ........................................................................................................................... 26
2.4.11
Digital Government and Service Newfoundland and Labrador ...................................................... 27
2.4.12
Wildlife Division .............................................................................................................................. 27
2.5
Public Consultations ........................................................................................................... 28
2.5.1
First Open House ............................................................................................................................ 28
2.5.2
Second Open House ....................................................................................................................... 28
2.5.3
Consultation with Wildlife Division and Stewardship Association of Municipalities ...................... 29
3.0
GOALS AND OBJECTIVES ............................................................................................. 30
3.1
Community Structure and Character .................................................................................. 30
3.2
Economic Growth and Development .................................................................................. 30
3.3
Environment ...................................................................................................................... 31
3.4
Health and Social Well-Being .............................................................................................. 31
3.5
Housing .............................................................................................................................. 32
3.6
Transportation ................................................................................................................... 32
3.7
Open Space and Recreation ................................................................................................ 32
3.8
Capital Works ..................................................................................................................... 33
3.9
Governance ........................................................................................................................ 33
3.10
Municipal Finance .............................................................................................................. 33
4.0
COMMUNITY WIDE POLICIES ...................................................................................... 34
4.1
Policy Framework ............................................................................................................... 34
4.2
General Land Use Policies ................................................................................................... 34
4.2.1
General Layout of the Town ........................................................................................................... 34
4.2.2
Compatibility of Uses ...................................................................................................................... 35
4.2.3
Non-Conforming Uses .................................................................................................................... 35
4.2.4
Land Development Proposals ......................................................................................................... 35
4.2.5
Consolidation and Infill of Serviced Areas ...................................................................................... 36
4.2.6
Adaptive Re-use of Existing Buildings and Properties .................................................................... 37
4.2.7
Discretionary Uses .......................................................................................................................... 37
4.2.8
Mineral and Petroleum Exploration ............................................................................................... 37
4.2.9
Mineral Working ............................................................................................................................. 37
4.2.10
Forest Resources and Trees ............................................................................................................ 37
4.2.11
Utilities ........................................................................................................................................... 38
4.2.12
Archaeological Resources ............................................................................................................... 38
4.2.13
Provision for the Disabled and Elderly ............................................................................................ 38
4.2.14
Signs ................................................................................................................................................ 38
4.2.15
Use of Discretionary Authority ....................................................................................................... 39
4.3
General Environmental Policies .......................................................................................... 39
4.3.1
General Environment ..................................................................................................................... 39
4.3.2
Soils and Drainage .......................................................................................................................... 39
4.3.3
Watercourse and Wetland Protection ............................................................................................ 39
4.3.4
Freshwater and Coastal Shorelines ................................................................................................ 40
4.3.5
Steep and Unstable Slopes ............................................................................................................. 40
4.3.6
Storm Drainage ............................................................................................................................... 40
4.3.7
Threatened and Vulnerable Species ............................................................................................... 40
4.3.8
Hughes Brook Watershed ............................................................................................................... 41
4.3.9
Use of Discretionary Authority ....................................................................................................... 41
4.4
Infrastructure Policies ........................................................................................................ 41
4.4.1
Water Supply System ...................................................................................................................... 41
4.4.2
Sanitary Sewer System ................................................................................................................... 41
4.4.3
Stormwater Management .............................................................................................................. 42
4.4.4
Water and Sewer Requirements for New Development ................................................................ 42
4.5
Transportation Policies ....................................................................................................... 42
4.5.1
Consideration of Environmental Impacts ....................................................................................... 42
4.5.2
Arterial Roads ................................................................................................................................. 42
4.5.3
Collector Streets ............................................................................................................................. 42
4.5.4
Local Streets ................................................................................................................................... 43
4.5.5
Street Design and Construction ...................................................................................................... 43
4.5.6
Provision for the Disabled and Elderly ............................................................................................ 43
5.0
LAND USE DESIGNATIONS .......................................................................................... 44
5.1
Conservation ...................................................................................................................... 44
5.1.1
General Intent ................................................................................................................................ 44
5.1.2
Land Use Zones ............................................................................................................................... 44
5.1.3
Environmental Protection Zone ...................................................................................................... 45
5.1.4
Conservation Area Zone ................................................................................................................. 46
5.2
Mixed Development ........................................................................................................... 46
5.2.1
General Intent ................................................................................................................................ 46
5.2.2
Compatibility of Uses ...................................................................................................................... 46
5.2.3
Use of Discretionary Authority ....................................................................................................... 47
5.2.4
Mixed Development Zone .............................................................................................................. 47
5.3
Residential ......................................................................................................................... 48
5.3.1
General Intent ................................................................................................................................ 48
5.3.2
Land Use Zones ............................................................................................................................... 48
5.3.3
Residential Low Density Zone ......................................................................................................... 49
5.3.4
Residential Medium Density Zone .................................................................................................. 49
5.4
Open Space ........................................................................................................................ 50
5.4.1
General Intent ................................................................................................................................ 50
5.4.2
Open Space Zone ............................................................................................................................ 50
5.5
Rural .................................................................................................................................. 51
5.5.1
General Intent ................................................................................................................................ 51
5.5.2
Land Use Zones ............................................................................................................................... 51
5.5.3
Rural Residential Zone .................................................................................................................... 51
5.5.4
Rural Zone ....................................................................................................................................... 52
6.0
IMPLEMENTATION ..................................................................................................... 54
6.1
Administration of the Plan ................................................................................................. 54
6.1.1
Map Interpretation ......................................................................................................................... 54
6.1.2
Development Applications ............................................................................................................. 54
6.1.3
Subdivision Proposals and Agreements .......................................................................................... 55
6.1.4
Non-Conforming Uses .................................................................................................................... 55
6.2
Public Participation ............................................................................................................ 56
6.3
Development Regulations .................................................................................................. 56
6.3.1
Council Responsibility ..................................................................................................................... 56
6.3.2
Content ........................................................................................................................................... 56
6.4
Development Control ......................................................................................................... 56
6.4.1
Municipal Plan is Binding ................................................................................................................ 56
6.4.2
Council Responsibility ..................................................................................................................... 57
6.4.3
Subdivision and Development Applications ................................................................................... 57
6.4.4
Right to Appeal ............................................................................................................................... 57
6.4.5
Provincial and Federal Referrals ..................................................................................................... 57
6.5
Amending the Municipal Plan and Development Regulations ............................................. 57
6.5.1
Municipal Plan Amendment ........................................................................................................... 57
6.5.2
Stand-Alone Amendment to the Development Regulations .......................................................... 57
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 1
1.0 INTRODUCTION
1.1
Purpose of the Municipal Plan
The Irishtown-Summerside Municipal Plan, 2020-2030 will provide for the development of the
planning area over the ten-year planning period from 2020 to 2030 in accordance with Section
13(2) of the Urban and Rural Planning Act 2000 (also referred to as the Act). It repeals and
replaces the Irishtown-Summerside Municipal Plan 2000-2010.
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 Irishtown-Summerside Municipal Plan was published in the
Newfoundland and Labrador Gazette, the Plan became binding upon 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,
-
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
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 2
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 or demolitions that are not in accordance with the
Plan,
-
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 Irishtown-Summerside.
-
"Development Regulations" mean the Irishtown-Summerside Land Use Zoning and
Subdivision Regulations.
-
"Municipal Planning Area" means the Irishtown-Summerside Municipal Planning Area.
-
"Town" means the Town of Irishtown-Summerside.
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.
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 3
2.0 BACKGROUND REPORT
2.1
Geographical Setting
The Town of Irishtown-Summerside is located on the north shore of Humber Arm on the opposite
side of the bay from Corner Brook. The built-up area of the town extends approximately 11
kilometres along Route 440 running parallel to the Bay of Islands shoreline. The geographic
centre of the town lies approximately 11.5 kilometres from the Trans Canada Highway at Corner
Brook and 20 kilometres from Cox's Cove at the western terminus of Route 440.
Exhibit 2.1 Regional Setting
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 4
Exhibit 2.2 Local Setting
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 5
.
Exhibit 2.3: Irishtown-Summerside Municipal Planning Area
2.2
Population
2.2.1 Current and Historical Population
Exhibit 2.4 profiles Irishtown-Summerside's population change over the period 1991-2016. It
compares the Town's population change over that period with two benchmarks - Census Division
No. 5 of which the town is a part and the province as a whole.
Exhibit 2.4 - Population Change Compared to Benchmarks
(2016 Census Profile)
Census
Irishtown-
Summerside
Census Division
No. 5
Newfoundland
and Labrador
Pop'n
Change
Pop.n
Change
Pop'n
Change
1991
1,560
45,314
568,474
1996
1,424
-8.7%
44,319
-2.2%
551,792
-2.9%
2001
1,304
-8.4%
40,466
-8.7%
512,980
-7.0%
2006
1,290
-1.1%
40,805
0.8%
505,470
-1.5%
2011
1,428
10.7%
41,004
0.5%
514,536
1.8%
2016
1,418
-0.7%
42,014
2.5%
519,716
1.0%
1991-2016
-142
-9.1%
-3,300
-7.3%
-48,758
-8.6%
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 6
After a period of negative growth in the 1990's, Irishtown-Summerside's population began a
modest recovery after 2006. The town's population of 1,418 in 2016 represented a growth of 9.9%
from 2006, reversing a decline of similar magnitude over the preceding decade. This growth rate
was more than three times higher than both the surrounding census region and the province as
a whole over the 2006-16 period.
Despite this strong recent growth, the town's 2016 population of 1,418 had 142 fewer residents
than it 1991 population of 1,560, representing a decline of 9.1% over the period. As shown in the
table, this mirrored similar drops of 7.3% and 8.6% in the regional and provincial populations
respectively over the same timeframe.
2.2.2 Age Structure
Exhibit 2.6 profiles the median age of Irishtown-Summerside's population from 2001 to 2016 and
draws a comparison with the census region of which it is a part, the province, and the country. As
with the benchmarks Irishtown-Summerside's population is getting older. Its 2016 median age of
48.2 compared to 48.0 in the surrounding region, 46.0 provincially, and 41.2 nationally. From
2001 to 2016, its median age increased by a margin of 9.3 years compared to 7.9 in the region,
7.6 in the province, and 3.6 in the country. As of 2016 the town's median age was 0.2 years older
than the region, 2.2 years older than the province, and 7.0 years older than the country.
-10.0%
-5.0%
0.0%
5.0%
10.0%
15.0%
1991
1996
2001
2006
2011
2016
Exhibit 2.5
Population Change from 1991
Irishtown-Summerside & Benchmarks
Irishtown-Summerside
Census Division 5
NL
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 7
Exhibit 2.6
Median Age - Irishtown-Summerside & Benchmarks
(2016 Census Profile)
Median Age of Population
Irishtown-
Summerside
Division
No. 5*
NL
Canada
2001
38.9
40.1
38.4
37.6
2006
41.1
43.1
41.7
39.5
2011
43.9
45.6
44.0
40.6
2016
48.2
48.0
46.0
41.2
Exhibits 2.7 and 2.8 illustrate changes in Irishtown-Summerside's age structure over 25 years
from 1991 to 2016. While the population as a whole declined by only 125 residents, the age
distribution between the age groups changed dramatically. The 0-19 age group fell from 535 to
250 or 53.3% while the 20-44 age group dropped from 680 to 380 or 44.1%. In clear contrast the
45-64 age group increased by 210 or 82.4% and the 65+ age group increased by 240 or 266.7%.
In proportional terms, the 0-19 age group dropped from 34.3% of the population in 1991 to 17.5%
in 2016 while the 65+ age group increased from 5.8% to 23.2%.
Exhibit 2.7
Irishtown-Summerside Age Distribution, 1991-2016
(2016 Census Profile)
Age
Group
1991
1996
2001
2006
2011
2016
0-19
535
405
335
295
310
250
34.3%
28.3%
25.4%
22.9%
21.6%
17.5%
20-44
680
590
470
420
430
380
43.6%
41.3%
35.6%
32.6%
30.0%
26.7%
45-64
255
310
380
430
485
465
16.3%
21.7%
28.8%
33.3%
33.8%
32.6%
65+
90
125
135
145
210
330
5.8%
8.7%
10.2%
11.2%
14.6%
23.2%
Total
1560
1430
1320
1290
1435
1425
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 8
2.2.3 Population Forecast
Irishtown-Summerside is located in in Economic Zone 8. Between 2006 and 2016, the Town's
population grew by 9.9% while Zone 8 grew by only 2.0%. A review of census data since 1991
indicates an average difference of about 6% between the rates of change for Irishtown-
Summerside and the remainder of Zone 8 (Statistics Canada 2017).
The NL Statistics Agency provides population projections to 2036 for the province and each
economic zone. These projections are based on low, medium and high scenarios. Over the next
four census periods, the low, medium and high projections for Zone 8 show the population
declining in each five-year period from 2016 to 2036 under each scenario (NLSA 2017).
A population forecast for Irishtown-Summerside was prepared using Government's low and high
projections for Zone 8 as a benchmark. It assumes that the five-year rate of change in Irishtown-
Summerside will be an average 4.0% higher than the projected rate for Zone 8 as a whole. This
is slightly lower than the actual differential between the town's population change over the
previous 25 years and that of Zone 8 as a whole.
Exhibit 2.9 - Population Forecast to 2036
Year
Low-Growth Scenario
High-Growth Scenario
Pop'n
Change
% Change
Pop'n
Change
% Change
2016 (Actual)
1418
1418
2021
1447
28
2.0%
1469
51
3.6%
2026
1475
29
2.0%
1522
53
3.6%
2031
1495
19
1.3%
1548
26
1.7%
2036
1502
7
0.5%
1573
25
1.6%
20-Year Change -
83
5.9%
155
10.9%
0
100
200
300
400
500
600
700
800
1991
1996
2001
2006
2011
2016
Exhibit 2.8
Change in Age Distribution: 1991-2016
0-19
20-44
45-64
65+
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 9
2.3
Households and Housing
Change in housing needs in a community is driven by two factors - population change and change
in average household size. Exhibit 2.12 compares actual changes in Irishtown-Summerside's
population and its housing stock from 1996 to 2016. It shows a population drop of 6 residents
alongside a housing growth of 101 dwelling units. While the population remained essentially
unchanged, the housing stock increased by 21.5%. This impressive housing growth resulted
almost entirely from the drop in the population to dwellings ratio from 3.03 in 1996 to 2.48 by
2016.
Exhibit 2.11
Housing Inventory 1996 - 2016
(2016 Census Profile)
Population Occupied
Dwellings
Population
per
Dwelling
1996
1424
470
3.03
2001
1304
485
2.69
2006
1290
497
2.60
2011
1428
547
2.61
2016
1418
571
2.48
20-Year Change
-6
-0.4%
+101
+21.5%
-0.55
-18.2%
According to Statistics Canada, the shift to smaller households is a long-term trend driven by
demographic and societal changes. For example, from 1961 to 2011 the average number of
children per family dropped from 2.7 to 1.9. Single-person households and couples-without-
children households both now outnumber couples-with-children households.
1300
1350
1400
1450
1500
1550
1600
2016
2021
2026
2031
2036
Exhibit 2.10
Population Forecast: 2016-2036
Low Forecast
High Forecast
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 10
Exhibit 2.12 provides a forecast of Irishtown-Summerside's housing needs based on the low and
high scenarios of population change provided in Exhibit 2.10. It assumes that average household
size will decline at a rate 0.07 persons per household in each five-year interval, similar to the rate
of change from 2001 to 2016. Under the low scenario, there will be a need for approximately 112
units over the next twenty years for an average of 5.6 units per year. Under the high scenario,
there will be a need for 144 units for an average of 7.2 units per year.
Exhibit 2.12
Estimate of Future Housing Needs - 2016-2036
Year
Forecast
Person/
Household
Low-Growth Scenario
High-Growth Scenario
Population Dwelling
Units
Avg. New
Units/Year
Population Dwelling
Units
Avg. New
Units/Year
2016
2.48
1418
571
1418
571
2021
2.41
1447
600
5.8
1469
610
7.8
2026
2.34
1475
630
6.0
1522
650
8.0
2031
2.27
1495
659
5.8
1548
682
6.4
2036
2.20
1502
683
4.8
1573
715
6.6
Total
Increase
84
5.9%
112
19.6%
5.6
155
10.9%
144
25.2%
7.2
Exhibit 2.13 profiles Irishtown-Summerside's occupied housing stock by dwelling type. It shows
that detached dwellings make up over 95% of total dwellings with hardly any proportional change
over the 2006-16 period.
Exhibit 2.13
Housing by Dwelling Type 2006-16
(2016 Census Profile)
2006
2016
Change 2006-16
Number Percent Number Percent
Number
Single Units
475
96.0%
545
95.6%
+70
Double Units
15
2.6%
+15
Apartment Units
20
4.0%
10
1.8%
-10
Total
495
100.0%
570
100.0%
+75
Exhibit 2.14 shows the change in owner and renter occupied housing over the 2006-16 period.
While owner occupied dwellings continue to dominate the housing stock, rental units experienced
a significant proportional increase over the period. Whereas rental units comprised 4.0% of the
total in 2006, this increased to 9.6% by 2016. This can probably be attributed, at least in part, to
increasing provision of senior's rental housing in the town.
Exhibit 2.14
Owner Occupied Versus Renter Occupied Housing: 2006-16
(2016 Census Profile)
2006
2016
New Units
Number Percent Number Percent Number
Percent
Owner Occupied
475
96.0%
515
90.4%
40
53.3%
Renter Occupied
20
4.0%
55
9.6%
35
46.7%
Total
495
100.0%
570
100.0%
75
100.0%
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 11
Exhibit 2.15 shows the age of housing in the town as of 2016. It shows an approximate even split
in the proportion of housing built before and after 1980. Of the town's 570 dwellings, 295 were
built before 1980 and 275 were built after. In comparison at the regional level, 57.8% of units was
built prior to 1980 and 42.2% after. In the province as a whole, 52.4% was built prior to 1980 and
the remainder after.
Exhibit 2.15 also provides data on the condition of housing in 2016. In Irishtown-Summerside, it
show that 3.5% of the housing stock (approximately 20 units) needed major repairs. In
comparison, 6.2% and 7.4% needed major repairs respectively in the surrounding region and the
province as a whole.
Exhibit 2.15
Age of Housing 2016
(2016 Census - Dwellings by Period of Construction)
Irishtown-Summerside
Division 5
NL
Number
Percent
Percent
Percent
1960 or before
95
16.7%
22.7%
19.8%
1961-1980
200
35.1%
35.1%
32.6%
1981-1990
95
16.7%
13.6%
15.6%
1991-2000
55
9.6%
11.1%
11.6%
2001-2010
65
11.4%
11.3%
13.0%
2011-2016
60
10.5%
6.2%
7.4%
570
100.0%
100.0%
100.0%
Condition of Housing 2016
(2016 Census - Dwellings by Dwelling Condition)
Needs regular maintenance only
96.5%
93.0%
93.5%
Needs major repairs
3.5%
7.0%
6.5%
Exhibit 2.16 compares average household size in Irishtown-Summerside with the surrounding
census region and the province as a whole. Between 2001 and 2016 the average number of
residents per household in the town dropped from 2.6 to 2.1. In 2016 Irishtown-Summerside's
average household size of 2.1 residents compared to 2.3 in both the region and the province.
Exhibit 2.16 - Average Household Size
(Community Accounts - Housing)
Irishtown-
Summerside
Census Div.
5
NL
Average Household Size (Census Profiles)
Persons/Household 2001
2.6
2.7
2.7
Persons/Household 2006
2.4
2.5
2.6
Persons/Household 2011
2.3
2.4
2.4
Persons/Household 2016
2.1
2.3
2.3
An interesting aspect of 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 2.17 calculates the number of unoccupied dwellings as the
difference between the number of private dwellings and occupied dwellings as identified in the
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Irishtown-Summerside Census Profiles. Unoccupied dwellings over the period increased from
ranged from a low of 24 in 2011 to a high of 45 in 2001 and again in 2016. As a proportion of the
total, unoccupied dwellings ranged from 4.4% to 8.5% of the total. In 2016 7.9% of Irishtown-
Summerside's housing was unoccupied.
Exhibit 2.17
Estimate of Unoccupied Dwellings
(derived from Census Profiles)
Total
Dwellings
Occupied
Dwellings
Unoccupied Dwellings
2001
530
485
45
8.5%
2006
534
497
37
6.9%
2011
571
547
24
4.2%
2016
616
571
45
7.3%
2.4
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 the Provincial Archaeology Office, Energy Branch, Office of
Climate Change, Water Resources Management Division, Forestry Division, GIS and Mapping,
Agricultural Land Management, Mines Branch, Local Governance and Planning, Digital
Government and Service NL, and Wildlife Division.
The Pollution Prevention Division, Nalcor, NL Hydro, and the Parks Division responded that they
had no concerns, No responses were received from Transportation or Environmental
Assessment.
2.4.1 Provincial Archaeology Office (Tourism, Culture, Industry & Innovation)
The Provincial Archaeology Office (PAO) does not have any archaeological concerns within the
Municipal boundaries of the Town of Irishtown-Summerside, however there is always the
possibility that historic resources may be present. Any accidental discoveries of historic resources
should be reported to the PAO.
2.4.2 Energy Branch (Industry, Energy and Technology)
The Energy Branch has no concerns with this submission.
Electricity - as per the screenshot below, a main transmission line falls within the southern portion
of the shape file. As such, it is recommended that the proponent consult with Newfoundland Power
and Newfoundland and Labrador Hydro to avoid any potential conflict with utility assets in the
area such as transmission and distribution lines, dams and terminal stations to ensure the reliable
supply of power to residents and businesses of the area. As NL Hydro is on the referral list their
staff should address this issue.
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Alternative Energy - no issues from an alternative energy perspective.
Petroleum - this project does lie within a hydrocarbon basin having oil & gas potential; is not
within an onshore petroleum permit/licence of lease; and it is not within 100 meters of an onshore
petroleum well.
2.4.3 Office of Climate Change (Environment, Climate Change and Municipalities)
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 to a river,
floodplain or coastline.
The Office suggests that provincial climate change projections for Deer Lake (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 113 mm of precipitation by
mid-century, an increase from the current climate's 85 mm (32% growth); and
-
On a 12-hour basis, a 1-in-100 year storm is expected to bring between 92 mm of
precipitation by mid-century, up from the current climate's 70 mm (31% growth).
More information on climate data can be provided by contacting Trina Caines (729-1485) or at
the following link:
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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 Irishtown-Summerside'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.
2.4.4 Water Resources (Environment, Climate Change and Municipalities)
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 water resources of the
province.
General for All Responses
Application forms for permits and licences, fee schedules, and guidelines are available at:
http://www.env.gov.nl.ca/env/waterres/regulations/appforms/index.html.
Conditions
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 in
any body of water (including wetland) prior to the start of construction.
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/regulations/rc030065.htm.
Non-Domestic Water Use for Any Purpose
Prior to the start of construction, the proponent must apply for and obtain a water use licence
under the Water Resources Act, 2002 for the use of water from any water source for any purpose.
This must be stated for all non-domestic uses with an existing, new or planned water use from
any water source.
http://assembly.nl.ca/Legislation/sr/statutes/w04- 01.htm
Wharf/Boathouse/Slipway/Breakwater
A permit under Section 48 of the Water Resources Act, 2002 is no longer required for the applied
structures. http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm However, the proponent
must follow the guidelines for the Construction and Maintenance of Wharves, Breakwaters,
Slipways
and
Boathouses
which
are
available
at:
https://www.mae.gov.nl.ca/waterres/regulations/appforms/Guidelines_for_Wharves.pdf.
The proponent must apply for and obtain a permit under Section 48 of the Water Resources Act,
2002 for any infilling or dredging work associated with these structures or other works in any body
of water prior to the start of construction.
Development in Shore Water Zones
The proponent must apply for and obtain a permit under Section 48 of the Water Resources Act,
2002 for any work in Shore Water Zones prior to the start of construction. Also, any work in the
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Shore Water Zones must comply with this Department's Policy for Development in Shore Water
Zones:
http://www.mae.gov.nl.ca/waterres/regulations/policies/shore_water.html
Infilling within 15 metres of Bodies of Water
The proponent must apply for and obtain a permit under Section 48 of the Water Resources Act,
2002 for any infilling work within fifteen (15) metres of a body of water prior to the start of infilling.
Also, any proposed infilling within fifteen (15) metres of a body of water must comply with this
Department's Policy for Infilling Bodies of water:
http://www.mae.gov.nl.ca/waterres/regulations/policies/bodies_of_water.html.
Contact: Manager, Water Rights, Investigations and Modelling Section - (709) 729-2295,
[email protected]
Public Drinking Water or Wastewater System
The installation of any water or sewer mains requires approval of ENVC under Sections 36 and
37 of the Water Resources Act. Water and sewer shall be designed according to the NL
Guidelines for the Design, Construction and Operation of Water and Sewerage Systems.
Contact: Manager, Drinking Water & Wastewater Section - (709) 729-4048
Development Adjacent to or Within Protected Public Water Supply Area
The Municipal Planning Area contain the following protected public water supply area (PPWSA)
designated under Section 39 of the Water Resources Act:
-
Irishtown Brook PPWSA used by the Town of Irishtown-Summerside (90% contained
within the MPA)
-
Pynn's Brook PPWSA used by the Town of Irishtown-Summerside (100% contained within
the MPA)
In any area designated a PPWSA under Section 39 of the Water Resources Act, development
activity in this area must adhere to the Policy Directive for Land and Water Related Developments
in PPWSA and be approved of by the Minister of Environment, Climate Change and
Municipalities:
Proponent(s) must apply for and obtain a permit under the Water Resources Act, 2002,
specifically Section 39. Work adjacent to or within a designated Protected Public Water Supply
Area must comply with this Department's Policy for Land and Water Related Developments in
Protected Public Water Supply Areas
https://www.mae.gov.nl.ca/waterres/regulations/policies/water_related.html
The application is available under Surface Water at:
https://www.mae.gov.nl.ca/waterres/regulations/appforms/
The MPA boundary does not include all areas of the PPWSA, and should be amended to do so.
Contact: Manager, Drinking Water & Wastewater Section - (709) 729-4048
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2.4.5 Forestry (Fisheries, Forestry and Agriculture)
There is a domestic cutting area within the boundary. We would like to be able to continue
providing permits in this area for residents to cut timber for domestic purposes.
2.4.6 GIS and Mapping (Fisheries, Forestry and Agriculture)
There are approximately 9 survey monuments in the municipal planning area for the Town of
Irishtown-Summerside. Under the Lands Act a surveyor may enter upon lands at any time for the
purpose of making observations to or from a control survey marker. The Lands Act also provides
that a person who knowingly or willfully pulls down, defaces, alters or removes a control survey
marker is guilty of an offence and liable on summary conviction to a fine not exceeding $500 or
imprisonment for a period not exceeding 3 months.
GIS and Mapping Division is required to be contacted ([email protected]) if works within the town
have the potential of disturbing an existing Control Survey Marker. The locations of the markers
can be viewed at https://arcg.is/1rWnSC.
2.4.7 Land Management - Agriculture (Fisheries, Forestry, and Agriculture)
Mixed Development: In the existing plan, "mixed development" essentially includes built up areas
along the north shore highway and branch roads. Agriculture is a discretionary use in this
designation where the municipality will consider the affects, if any, of the proposed development
on neighboring properties.
Rural Resource: The majority of the existing plan is zoned "rural resource." As the name implies,
this designation permits activities such as agriculture and forestry.
Rural Residential: Agriculture is a discretionary use in this designation where the municipality will
consider the effects, if any, of the proposed development on neighboring properties.
Environmental Protection: This zoning in the existing plan is for the watershed for the water supply
for the community. Agriculture is a discretionary use where no building associated with the
development will be permitted.
The New Plan: The existing plan is approximately 20 years old and there were few zoning
designations. The new plan will likely see an expansion in the "mixed development zone" and the
introduction of other zonings such as "residential" and "commercial."
Wherever possible the use of the "rural zoning" should be encouraged and agriculture should be
a permitted use.
Backyard gardens and the keeping of limited livestock, such as laying hens should be encouraged
and permitted wherever possible.
2.4.8 Mines - General Comments (Industry, Energy and Technology)
The Mines Branch, Department of Industry, Energy and Technology, regulates quarrying, mineral
exploration, and mining within the province. All municipalities with planning authority should
ensure that their Municipal Plan and Development Regulations adequately address these
activities.
In addition, the Mines Branch, through the Geological Survey of Newfoundland and Labrador,
studies the potential for geological hazards in the province, including the potential for hazards
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related to the effects of climate change. All municipalities with planning authority should take the
potential for geological hazards into account when making planning decisions, including zoning.
Based on a cursory study, the Geological Survey has identified the red area depicted on the
attached map as consisting of marine sediments and being at risk for coastal erosion and slope
movement. Note that natural hazard potential may exist elsewhere in the planning area in addition
to the area depicted and the area depicted should be considered provisional based on limited
information and analysis. Development restrictions should be considered for this area. Should
development or modification to the landscape be proposed in this area, further study of hazard
potential and infrastructure adaptions may be necessary. For additional information about natural
hazards please see the attached document prepared by the Geological Survey providing general
advice to inform the municipal planning process on the subject of geological hazards and climate
change.
The Town of Irishtown-Summerside Municipal Planning Area (MPA) contains no areas covered
by a quarry permit except for two areas that border or slightly overlap the MPA in the easternmost
corner near Hughes Brook. The approximate locations of the two quarry permits are indicated by
white circles on the attached map. The MPA contains two areas of recognized aggregate resource
potential (i.e., areas containing, or likely to contain, sand and gravel deposits of suitable size and
quality for quarrying) depicted in pink on the attached map. One of these areas corresponds to
the developed part of Irishtown and the other to the Hughes Brook valley.
There is a recognized occurrence of slate located inland of Pettipas Point that was quarried over
a century ago from approximately 1903 to 1909 - refer to the attached map for the approximate
location. The slate is described as grey-green to red and tens of thousands of pieces were
produced while the quarry was active.
The Town of Irishtown-Summerside MPA appears to have little history of mineral exploration. Any
area within the MPA may potentially be of future mineral exploration interest and future mineral
discoveries of potential economic significance may be made.
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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 the 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 Industry, Energy and Technology. "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.
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
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a statement to the effect that where the municipal authority is satisfied that the mineral
working will not adversely affect the specified adjacent use or natural feature, mineral
working may be permitted closer than the minimum separation distance or buffer specified.
By allowing the municipality to waive pre-set separation distances where it is satisfied
there will be no adverse effect provides for greater flexibility in selecting sites where
mineral workings may be permitted. Such flexibility is especially important in larger
municipalities where the demand for construction aggregate is greater while at the same
time space more limited. Where mineral workings are proposed within a specified distance
of a specified adjacent use or natural feature that could be adversely affected by the
mineral workings, special conditions should be applied to mitigate, reduce, limit, or
eliminate the anticipated negative effects.
6. 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
or zoning boundaries towards the mineral working.
7. 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:
8. 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.
9. 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 city. Areas of recognized aggregate resource
potential (where identified) and areas where quarrying is already an established land use
should be prioritized for being zoned such that mineral working is a permitted use. Some
municipalities establish a dedicated Mineral Working zone for preserving areas for
quarrying, whereas most municipalities rely on the Rural zone (and sometimes also the
Industrial zone) to preserve space for resource uses such as quarrying. 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.
10. 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 Industry, Energy and Technology, at
[email protected]. 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 Industry, Energy and Technology have the
documentation necessary to distinguish excavation associated with an approved
development from excavation that constitutes quarrying; possessing development permits
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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:
a) The Mineral Lands Division, Mines Branch, Department of Industry, Energy and
Technology, 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 of financial assurance with the Department of
Industry, Energy and Technology 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 municipality have concerns about any quarrying activity, whether before or after
the issuance of a quarry permit or lease, the municipality should contact the Mines Branch,
Mineral Lands Division in order to have the concerns addressed.
b) The Mineral Lands Division, Mines Branch, Department of Industry, Energy and
Technology, administers the Mineral Act under which mineral licences 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
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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 municipality have concerns about any mineral exploration activity, whether
before or after the issuance of an exploration approval from the Department of Industry,
Energy and Technology to conduct the work, the municipality 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.
Questions about any aspect of quarrying, mineral exploration, or mining, or the above comments
should be directed to Stephen Hinchey, Land Use Geologist, Mineral Lands Division, Mines
Branch,
Department
of
Industry,
Energy
and
Technology,
at
729-5748
or
[email protected].
2.4.9 Mines - Geological Hazards (Industry, Energy and Technology)
The following comments on geological hazards are provided from the Geological Survey of
Newfoundland and Labrador, Department of Industry, Energy and Technology, for the purpose of
informing development planning decisions. Our observations are based on field work and surficial
geology mapping, and data collected during our Coastal Monitoring program. Some of the areas
of discussion may not apply to the location or community under review. More details can be
provided by contacting:
Melanie Irvine, Project Geologist
Geological Survey of Newfoundland and Labrador
Phone (709) 729-3489 Email: [email protected]
Newfoundland and Labrador has a long history of geological disasters with over 290 incidences
having
been
recorded
from
150
communities
(for
more
information
go
to
https://tinyurl.com/y673mdg6. The determination of current and future landscape changes is
integral in making constructive land-use decisions, and to assist the municipal planning process
in identifying areas of potential geological hazard.
Slope Movement
Slope movement are processes that involve the downslope movement of material
(unconsolidated sediment, bedrock and snow) in response to gravity, and include rockfalls,
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landslides and avalanches. The slope angle, sediment characteristics and snow conditions are
important factors that influence slope stability, and generally the steeper the slope, the greater
the risk.
Rockfalls
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 human activity. Rockfalls may also impact a slope below and trigger a landslide.
Landslides
Landslides involve the downslope movement of unconsolidated material under the influence of
gravity, and 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. Undercutting of the base of the slope is also a common trigger. Landslides
may be rapid (e.g., debris flows) or slow (e.g., creep), and typically occur on slopes between 20°
and 45°.
Avalanches
Avalanches are rapid, and consist of a combination of snow and ice, but may include sediment,
rock, and vegetation. Avalanches require heavy snowfall (either introduced by precipitation or
wind), and a steep (30°-50°) slope. The triggers include heavy snowfall over a smooth surface or
winds blowing and depositing snow on slope.
Human activities have direct and indirect impacts, and modifications of the environment may
unintentionally enhance slope movement.
-
The building of infrastructure on the top of a slope adds weight, which increases the shear
stress on the slope; if the shear stress impacting a slope exceeds the shear strength, the
slope will fail.
-
Housing, industrial and agricultural developments change the hydrological cycle, as the
removal or modification of vegetation, irrigation, watering and paving of natural surfaces
increases the quantity of surface and groundwater entering the environment.
-
Removal of sediment or rock at the slope base will increase slope angle, and can trigger
slope movement.
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. Areas at
river mouths are particularly vulnerable to 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 and Labrador Department of Environment, Climate Change and
Municipalities. These maps indicate historical events and show areas of potential threat from
1:100 year flood events. The responsibility for river flooding related issues lies with the Water
Resources Management Division, Department of Environment, Climate Change and
Municipalities, and they should be consulted on this subject.
Low-lying coastal areas may be inundated by the sea, especially if coastal protection (including
beaches) is breached. Waves at the coast (wave climate) are controlled by numerous factors,
most importantly weather (generally the stronger the winds the larger the waves), fetch (the
distance of open-ocean over which the wind can blow with constant speed and direction; areas
with a larger fetch have the potential for larger waves to form), nearshore bathymetry (a gently
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sloping sea floor near the shore can lead to larger waves than a steep sea floor), tides (large
waves on a high tide will have more impact on the coastline than the same waves on a low tide)
and storm surge. Storm surge is an increase in mean water level produced by a combination of
water pushed ashore by wind around the eye of a hurricane or major depression, and the increase
in surface water elevation in areas of low pressure. In some places, storm surge in combination
with normal tidal activity can increase mean water level by 5 metres or more, and the most
damaging typically occur during a high tide.
Human activities have direct and indirect impacts, and modifications of the environment may
unintentionally enhance flooding.
-
Hardening of ground surfaces, such as paving over previously permeable surfaces, can
increase the risk to flooding.
-
Although culverts can divert water away from an area, they must be properly designed,
maintained and kept clear of debris.
-
The passage of all-terrain vehicles (ATV) and foot traffic on dunes cause erosion and
enhance blowouts, thereby increasing the risk to flooding.
-
Barrier beaches can be artificially lowered by ATV use, resulting in an increased
susceptibility to overwashing and breaching.
For more information on coastal vulnerability contact Melanie Irvine at the Geological Survey
(709-729-3489 or [email protected]).
Coastal erosion
Coastal cliffs are subject to erosion. The rates of erosion are controlled by numerous factors,
including wave impact, composition of cliff, surface runoff, groundwater flow, wind, and beach
width and height. Large portions of the coastline in Newfoundland and Labrador are composed of
cliffs, and the bedrock cliffs commonly erode much more slowly than those composed of
unconsolidated material. Many of our unconsolidated cliffs are composed of till, a sediment
composed of a wide range of grain sizes deposited by a glacier, but cliffs composed of sand, sand
and gravel, and silt and clay are also found. The actions of water (both waves, groundwater and
surface water) and wind will result in erosion of unconsolidated cliffs, especially if there is no
vegetation cover. Surface water will create gullies and rills on the slopes, groundwater can flow
along impervious layers in the cliff and remove sediment when it exits the cliff face, and wind
removes sand from the cliff face. If there are cobbles or boulders in the cliff, they will roll down
the cliff after release by erosion, and provide some protection to the fine-grained sediment from
the waves.
Erosion can also result if waves impact the base of cliffs composed of unconsolidated sediment,
and this process leads to over-steeping of the cliff. The frequency of wave impact at the base of
cliffs is controlled by the wave climate, and the width and shape of the beach (low lying, narrow
beaches commonly result in more wave impacts than wide, steep beaches). The removal of
material from the base of the cliff causes the material above to fail, and can trigger a landslide,
which is the rapid, downward movement of material due to gravity, and can result in significant
(metres to tens of metres) loss of coastal cliffs within a short time.
Human activities have direct and indirect impacts, and modifications of the environment may
unintentionally enhance erosion.
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-
Solid structures such as groins or jetties decrease longshore drift, resulting in the
accumulation of sediment on the up-drift side, and erosion on the down-drift side of the
structure.
-
Hardening of the coastline with boulders, concrete or other solid materials can cause
beaches down-drift to be starved of sediment.
-
The vibrations from vehicles or construction can trigger a landslide.
-
The removal of vegetation from the face of a cliff will increase the susceptibility to erosion
from water and wind.
-
Housing, industrial and agricultural developments change the hydrological cycle, and
irrigation, watering and paving of natural surfaces increases the quantity of surface and
groundwater entering the coastal environment.
The Geological Survey has initiated a coastal monitoring program that provides information 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]).
Future Impacts
The intensity and frequency of geological change will likely increase, and new locations maybe
be impacted in the future due to two main factors. First, regional climate projections for the
Province indicate the climate will become warmer (especially in winter), wetter (both in terms of
precipitation intensity and duration) and there will be increases in extreme precipitation, such as
rain-on-snow events. Also, storm surges are forecasted to increase in intensity and frequency.
Details of the climate change projections report can be found at: https://tinyurl.com/y55rz8yh.
Second, sea level is rising. Changes in the climate are causing a rise in sea level due to thermal
expansion of the ocean and an increase in water supply from melting glaciers and ice sheets. Sea
level around the Avalon Peninsula will likely be about 100 cm higher by 2100 compared to 2000.
Other areas of the Province are experiencing less sea level rise than the Avalon Peninsula
because they are still experiencing uplift as a result of the last glacial period, and this uplift will
partially offset the global sea level rise caused by climate change. In western and southern
Newfoundland, sea level will rise by 80-90 cm, and 70 cm in Labrador. Sea level rise will continue
beyond
2099
everywhere
in
the
Province
(for
more
information,
go
to
https://tinyurl.com/yy38y4vp).
Recommendations
Based on the potential future impact of sea level rise and storm surge, the Geological Survey
considers that areas below the present 4 m contour are highly vulnerable to coastal
flooding. Development within this area should be restricted to ensure that appropriate mitigation
measures are employed, e.g., coastal protection measures or enhanced engineering standards.
Alternatively, municipalities with planning authority may choose to remove these areas from
development by re-zoning. Areas above the present 4 m contour may also be at risk from coastal
flooding and erosion, including storm surge.
Municipal planning should consider rates of cliff erosion and coastal setback limits, which should
aim for a 100-year time-frame. To ensure that episodic events are accounted for, the suggested
setback limit is twice the average yearly erosion rate, multiplied by 100. In areas where erosion
rates are not known, the average rate of erosion for unconsolidated coastlines for the province,
which is 15 cm per year, should be used. A setback of at least 30 m from the cliff edge is
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recommended, although greater set-back limits should be considered in areas with demonstrated
enhanced erosion rates or in high-risk areas. Disturbances within this setback area, including
changes in ground surface, and the removal of sediment or vegetation, should be avoided.
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. If you have any
questions, or would like more detailed information onto the above, please contact us.
2.4.10 Local Governance and Land Use Planning (Environment, Climate Change and
Municipalities)
Public Consultation and Transparency
Section 14 of the Urban and Rural Planning Act, 2000 outlines public consultation
requirements. In general terms, public consultation must include:
-
Consultation opportunities for a range of stakeholders and government departments to:
o Provide input; and
o Receive information on the development of the plan and regulations.
-
Consultation must:
o Reflect the size, structure and complexity of planning and policy issues; and
o Include presentation of relevant land use and other studies or surveys that inform
the plan and regulations.
To ensure that the planning process is transparent, an opportunity must be provided for residents,
stakeholders and other interested parties to review the final draft plan before it is submitted to
LGLUP for section 15 review and release.
Please ensure that a statement outlining the public consultation process is included with the
submission of the final draft municipal plan and development regulations. This statement must
demonstrate how these public consultation requirement have been met. Please ensure that
supporting documentation is included with your submission.
Interdepartmental Committee on Land Use (ILUC)
Please ensure that the interests and provincial policy identified in the ILUC referral are addressed
in the Municipal Plan and Development Regulations. Please provide LGLUP with any additional
correspondence or consultation with relevant government departments as part of the section 15
submission.
Highway Signs
The Highway Sign Regulations apply to all highways constructed and maintained by the
Department of Transportation and Infrastructure. A permit is required for any sign erected within
designated control lines of a highway. Government Service Centre, Digital Government and
Service NL, is the authority for the Highway Sign Regulations.
(https://www.assembly.nl.ca/Legislation/sr/regulations/rc990085.htm)
According to section 5, the control lines extends 400 metres from the centerline of the road expect
within an incorporated municipalities where the control line extends 100 metres from the
centerline. Within this control line, corridor 1 is reserved for regulatory, directional and fingerboard
information signs. Off-site promotional signs are restricted to those associated with uses listed in
the Schedule and are restricted to corridor 2. The Highway Sign Regulations do not provide for
other types of off-site signage including digital signs. The requirements of the Highway Sign
Regulations must be reflected in Municipal Plan and Development Regulations.
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2.4.11 Digital Government and Service Newfoundland and Labrador
Digital
Government
and
Service
NL
like
to
advise
that any development on
the referenced property may require permits and/or approvals from the Government Service
Centre.
It is advised that prior to the start of any development, the proponent contact the Regional Office
of the Government Service Centre, Sir Richard Squires Building, P. O. Box 2006, 84 Mount
Bernard Avenue, Corner Brook, NL, A2H 6J8, Telephone (709) 637-2204, Fax (709) 637-2905 to
discuss any relevant permits and/or approvals that may be required.
2.4.12 Wildlife Division (Fisheries, Forestry and Agriculture)
The Wildlife Division, through its involvement in the Eastern Habitat Joint Venture, seeks to work
with municipalities in the development of municipal plans or municipal plan updates and would be
pleased to meet with council/staff/consultants to discuss the incorporation of wildlife and
conservation values in municipal plans and associated development regulations. Please contact
Jonathan Sharpe (Wildlife Division, Corner Brook) at 637-2013 or [email protected] for
more information.
Core habitat for the NL Marten, that is currently listed as Threatened under the Newfoundland
and Labrador Endangered Species Act (NLESA), occurs within the outlined Municipal Planning
Area (MPA). Section 16 (1) of NLESA states, "A person shall not disturb, harass, injure, or kill an
individual of a species designated as threatened, endangered, or extirpated". Denning of female
marten and young occurs from early April to the end of June and dens must be protected from
damage and disturbance during this time period as dens are protected under both the provincial
NL Endangered Species Act and the federal Species at Risk Act.
There is also an avian species (Rusty Blackbird) listed as Vulnerable under the Newfoundland
and Labrador Endangered Species Act (NLESA) that has been reported within the MPA.
Fact sheet for Rusty Blackbird are available on the Government of Newfoundland and Labrador
website or by clicking the links below:
https://www.flr.gov.nl.ca/wildlife/endangeredspecies/Rusty_Blackbird_Information_Sheet.pdf
The Wildlife Division requests a minimum 50 m naturally vegetated buffer to be maintained along
Hughes Brook, a scheduled salmon river, to protect sensitive riparian and aquatic species, and
their habitat.
There are a number of rare plant species that are associated with the Hughes Brook Area, more
specifically in the floodplain forest, in the tidal marsh at the brook mouth, and in shallow water of
the back water pools. By maintaining the 50m buffer, as stated above, should be sufficient to
protect these plants as well as the riparian zone.
The Wildlife Division would like the municipality to consider general wildlife habitat and landscape
connectivity during the next phase of their municipal review plan.
This could include
-
Maintaining appropriate riparian buffers, which are natural green belts along wetlands and
waterbodies (ponds, rivers, creeks etc.). A 30m minimum undisturbed natural vegetated
green belt could be a standard requirement when dealing with any type of land use activity;
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wider green belts are suggested when bordering land uses include for example agricultural
practices.
-
To maintain landscape connectivity, green belts should be connected to forested areas or
other habitat patches to create travel corridors for various wildlife species. Development
Regulations could incorporate a minimum percentage of forests to be 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.
2.5
Public Consultations
2.5.1 First Open House - October 29, 2019
The first public consultation session for the Plan Review took place on October 29, 2019 at the
Irishtown-Summerside Town Hall. The session included an Open House from 2:30 pm to 5:00 pm
and again from 6:30 PM to 8:30 pm. It was attended by three residents as well as the Mayor,
Deputy Mayor, and Town Clerk.
The main planning issues raised during the session included the following:
-
The need to identify an area that would allow a complementary mix of rural commercial
and rural residential and rural commercial development. The proposed area is located at
eastern end of the town north of Main Street and generally west of Hughes Brook.
-
The need to preserve land south of Main Street abutting the outlet of Hughes Brook for
open space and nature trails. This scenic riparian and beachfront area is environmentally
sensitive and not suitable for built-up development, however, is ideally suited for low-
impact types of land uses and passive recreational activity.
2.5.2 Second Open House - June 11, 2020
The second public consultation session for the Plan Review took place on June 11, 20209 at the
Town Hall. The session included an Open House from 2:30 pm to 5:00 pm and again from 6:30
PM to 8:30 pm. It was attended by six residents as well as the Mayor, one Councillor, and the
Town Clerk.
The public notice for the open house said residents could request electronic copies of the draft
documents and maps. As a result, the documents were emailed to 19 residents.
The following planning issues were raised by participants.
1.
Will cabins be permitted in remote areas?
Recreational dwelling is proposed as a discretionary use in the Rural zone. This means that,
after providing public notice, Council has discretionary authority to approve or refuse an
application for a cabin in the Rural zone.
2.
Is domestic cutting permitted in protected water supply areas.
Forestry is proposed as a discretionary use in the Environmental Protection zone, which
covers the Town's two protected watersheds. This will give Council discretionary authority to
allow or prohibit cutting activity in these areas. Another option is to remove forestry as a
discretionary use, which means cutting would be prohibited under the Municipal Plan.
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If Council wishes to prohibit all cutting in its water supply areas, this can be done by removing
forestry from the list of discretionary uses in the Environmental Protection zone. However, it
is possible this may conflict with Provincial policy, therefore the Province should be consulted
on whether this will be authorized.
Carla Hayes of the Water Resources Division in Corner Brook indicated that domestic cutting
can be permitted in a protected water supply area under a blanket permit issued to Provincial
Forestry or Corner Brook Pulp and Paper, which in turn can issue individual cutting permits.
However, no such permit has been issued in the Irishtown-Summerside water supply areas.
Therefore, any current cutting in these areas is not authorized by the Province.
3.
New house in Meadows built too close to Main Street
The Town Clerk indicated the house was built closer to the street than was approved in the
building permit.
4.
Application for 3 houses and a heavy equipment garage in the area west of Hughes Brook
Single dwellings are permitted uses in the current zoning and a garage can be considered as
a discretionary use under the category, "general industry". Council indicated a decision on
approval will be made at its June 16 meeting. Notice of discretionary use was posted by the
Town and one enquiry was received.
In the draft Municipal Plan and Development Regulations, the site in question is designated
Rural on the Future Land Use map and zoned Rural Residential on the Land Use Zoning
map. The proposed developments would be compliant under the new Plan.
2.5.3 Consultation with Wildlife Division and Stewardship Association of Municipalities
Council and the planning consultant met with Jonatan Sharpe of the Wildlife Division and
Elisabeth Belanzaran of the Stewardship Association of Municipalities (SAM) regarding a
proposal to establish a habitat management area in the Hughes Brook watershed. Since this
conservation area would overlap with the Hughes Brook and Corner Brook municipal boundaries,
it would require joint jurisdiction of the three towns.
Council responded positively to this proposal. Although a formal written proposal has not yet been
received, Council has approved the designation of the land in question as Conservation in the
proposed Municipal Plan and Conservation Area zone in the proposed Development Regulations.
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3.0 GOALS AND OBJECTIVES
This section outlines the Town's planning goals and objectives for the 2020-2030 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
Goal:
Orderly and efficient land development and use of municipal services, compatibility
between land uses, avoidance of sprawl, and retention of the Town's attractive
natural and built features.
Objectives: Encourage and facilitate new development through infilling along existing serviced
streets, as well as through 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, steep slopes, and visually
significant features.
Encourage land development that is efficient in the use of municipal infrastructure
and sensitive to the existing physical form and historic character of the community.
Improve land and building accessibility standards to facilitate better mobility by
disabled and elderly residents.
Improve the safety and efficiency of the Town's physical transportation system for
vehicles and pedestrians.
3.2
Economic Growth and Development
Goal:
Diversified and balanced 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 scenery, open space, trails, coastal shorelines, and visitor amenities
and services.
Allow for compatible mixed development of residential, commercial, tourism,
recreation and open space.
Promote Irishtown-Summerside as an attractive place to live year-round, 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 natural landscapes and scenery.
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3.3
Environment
Goals:
Conservation, protection, and enhancement of biodiversity and important and
sensitive environmental resources.
Conservation and protection of core habitat of threatened and vulnerable species.
Objectives: Provide municipal services at environmentally acceptable standards.
Minimize potential adverse effects of development on ecosystem biodiversity.
Conserve, protect, and enhance important and sensitive environmental resources,
including coastal shorelines, lakes, streams, estuaries, wetlands, riparian areas,
steep slopes, wildlife habitat, and scenic vistas.
Protect the Irishtown-Summerside 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.
Limit development and land use activities that would be injurious to the habitat of
Newfoundland marten (Threatened species), Rusty Blackbird (Vulnerable species).
Limit development and land use activities that would be injurious to rare plant
species in the floodplain forest, tidal marsh, and shallow waters in and near the
mouth of Hughes Brook.
3.4
Health and Social Well-Being
Goal:
Maintenance and enhancement of the welfare and quality of life of all Irishtown-
Summerside residents.
Objectives: Promote opportunities to meet the needs of residents for food, shelter, health care,
education, employment, income, and safety.
Promote access to childcare, youth and seniors programs, and family services.
Facilitate the housing needs of residents of all ages, income levels, and physical and
mental abilities (also see Section 3.5).
Enhance Irishtown-Summerside as an accessible and age-friendly community by
improving development standards for the mobility needs of disabled and elderly
residents.
Promote opportunities for inclusion of low-income and disadvantaged residents into
all aspects of community life.
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3.5
Housing
Goal:
Adequate housing for all residents regardless of age, income, abilities, and family
status.
Development and maintenance of 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.
Encourage development of single, double, and multi-unit housing in appropriate
locations through infilling along existing streets and adaptive reuse of existing
buildings.
3.6
Transportation
Goal:
An efficient and safe network of roads, trails, and pedestrian facilities to serve
motorized and non-motorized transportation needs in Irishtown-Summerside.
Objectives: Maintain safe and efficient access to all residential developments, commercial
establishments, and recreational areas.
Ensure the needs of disabled and elderly residents are appropriately addressed in
the planning and design of streets, sidewalks, crosswalks, parking areas, and trail
systems.
3.7
Open Space and Recreation
Goals:
Development and maintenance of built facilities and natural areas to accommodate
the active and passive recreational needs of Irishtown-Summerside residents.
Objectives: Encourage public participation in the planning of open space and conservation
lands.
Encourage and support community organizations in organizing sports, recreation,
festivals and events.
Protect and enhance public access to the town's coastal and freshwater shorelines.
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3.8
Capital Works
Goal:
Acceptable and consistent level of water, sewer, and transportation services.
Optimal utilization of existing streets and municipal infrastructure.
Objectives: Maintain a water system within the Town capable of providing an adequate quantity
and quality of drinking water to all feasible areas.
Maintain an efficient sanitary sewer system capable of accommodating existing and
future sewage flows.
Maintain a safe and efficient transportation system for automobiles and pedestrians.
3.9
Governance
Goal:
Municipal services and administration that is effective, efficient, and equitable for all
residents and businesses within the fiscal capacity of the Town.
Pursuance and facilitation of opportunities to improve local governance, municipal
services, and economic development.
Objectives: Collaborate with other levels of government, community organizations, and the
business community to improve municipal governance and services.
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.
3.10
Municipal Finance
Goal:
Provision of 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 Irishtown-Summerside as
expressed in the Goals and Objectives outlined in Section 3.0.
The overriding thrust of the Irishtown-Summerside Municipal Plan is to ensure the continuance
of an efficient and sustainable community, maintain the town's attractive character based on a
compatible mix of built-up development and green space, and optimize economic development
opportunities. This is important in order to provide continuity with the past, achieve the Town's
development vision, maintain its distinct identity, preserve scenic viewsheds, and contribute to
environmental, economic, social, and financial sustainability.
To accomplish the overall intent of the Plan, the following policy initiatives are put forward:
(a)
Areas that can be developed and serviced at the most reasonable long-term costs to the
Town will be given priority for future growth. Highest priority is placed on the infilling of
vacant land along serviced streets. Second priority is placed on areas that are affordably
close to existing streets and piped services. Development will be restricted in areas that
would entail prohibitive or unnecessary costs to develop and maintain new infrastructure
and provide services.
(b)
Prominent features that help to preserve community character, such as heights of land,
coastal features, open space, and scenic vistas will be preserved.
(c)
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, marine, and aquatic habitat.
(d)
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.
(2)
Council will give priority to infilling vacant serviced land over the development of new
streets and infrastructure.
(3)
Council may refuse proposed developments in locations where municipal services are
inadequate or 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)
In certain areas with limited opportunity for connection to municipal water and/or sewer
services, Council may consider allowing unserviced residential development subject to
compliance with relevant Provincial regulations and standards.
4.2.2 Compatibility of Uses
(1)
As much as reasonably possible, Council will ensure that new developments will not
negatively affect existing land uses through the creation of hazards or nuisances such as
noise, dust, odour, congestion, or unsightly appearance.
(2)
As much as reasonably possible, Council will ensure that development will not negatively
affect the character of existing neighbourhoods and scenic viewsheds.
4.2.3 Non-Conforming Uses
In accordance with the Urban and Rural Planning Act 2000, a use of land that legally existed on
the date of the registration of this Municipal Plan shall be allowed to continue irrespective of its
conformity to the Plan or Development Regulations. Specific provisions concerning legal non-
conforming uses are set out in Section 6.1.4 of this Municipal Plan
4.2.4 Land Development Proposals
1.
Coordination with Surrounding Development
New developments will be coordinated with surrounding existing developments, the street
network, and municipal infrastructure. New developments may be required to provide for
access to adjacent undeveloped lands.
2.
Municipal Services and Access
The scale of new development must be appropriate with the provision 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 will refuse the development.
3.
Unserviced Development
Before approving a subdivision or building permit application in a location where municipal
water and/or sewer services cannot be provided, Council will ensure that the development
complies with all applicable Provincial regulations and requirements for unserviced
development including:
(a)
The "Groundwater Supply Assessment and Reporting Guidelines for Subdivisions
Serviced by Individual Private Wells"
(www.gov.nl.ca/mae/files/waterres-regulations-appforms-unserviced-subdivision-
gw-assessment-guidelines-dwh-revisions.pdf)
(b)
The Sanitation Regulations under the Public Health Act
(www.assembly.nl.ca/legislation/sr/regulations/rc960803.htm)
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4.
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, impact on open space and viewsheds, impact on threatened and
vulnerable animal, bird, and plant species, and general environmental sensitivity.
5.
Land Needed for Environmental Protection
When approving a development, Council may require portions of the proposed site to be
set aside from development in order to protect environmentally sensitive land. 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.
6.
Land for Public Use
In accordance with Section 37 of the Act, for each subdivision approval, Council shall
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.
7.
Public Input
Council may seek input from nearby residents and landowners when reviewing
development proposals.
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,
(iii) would create environmental or other problems that cannot be sufficiently
corrected or mitigated.
4.2.5 Consolidation and Infill of Serviced Areas
(1)
Council will encourage moderate intensification of development in areas that are
accessible to piped water and sewer services. This can occur through infilling of vacant
land along existing roads and keeping new street development in close proximity to
existing infrastructure.
(2)
Site plans for infill development must meet the approval of Council. Developments must
be compatible with the existing neighbourhood character and in accordance with Council's
development standards with respect to lot size, frontages, installation of municipal
services, environmental protection, retention of open space, and matters concerning
current or future public works.
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4.2.6 Adaptive Re-use of Existing Buildings and Properties
Council will encourage adaptive reuse of existing buildings and properties for land uses that are
permitted within the designation and would be compatible with nearby existing land uses.
4.2.7 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 land 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 a development permit, issuing a development permit subject to
conditions, or refusing a development permit,
(c)
Council determines that the use could negatively affect the general character of an area or
an important coastal or other scenic resource and, in order to prevent or mitigate this impact,
it would be desirable to consult with the public prior to issuing a development permit, issuing
a development permit 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 land uses and other predominant uses permitted in the
zone.
4.2.8 Mineral and Petroleum Exploration
(1)
Mineral and petroleum exploration that is classed as a development (by virtue of drilling,
appreciable ground disturbance, or construction of access roads) may be permitted in
certain designations, provided that necessary Provincial approvals have been obtained and
adequate provision has been made for environmental protection, site reinstatement,
landscaping, buffering, or mitigations of impacts on residential, commercial, industrial,
institutional and recreational areas.
(2)
Mineral and petroleum exploration that is not classed as a development will be permitted
anywhere in the Planning Area provided that the Town is given reasonable notice,
necessary Provincial approvals have been obtained, and owners of private land have given
consent as per Paragraph (3) below.
(3)
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.
4.2.9 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.
4.2.10 Forest Resources and Trees
(1)
Forests will be preserved and protected for the production of timber-based products and
domestic wood harvesting, as well as the realization of important non-timber values such
as fish and wildlife habitat, water quantity and quality, biodiversity, scenery, recreation and
tourism.
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(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.
4.2.11 Utilities
1.
Utility Easements and Facilities
Utility uses, such as transmission lines, communication towers, stormwater drains, water
and sewer pipes and treatment facilities, energy generation facilities, and pollution control
facilities, may be permitted in all land use designations subject to conditions set by
Council. Council may restrict the development of certain utilities within the Conservation
designation.
2.
Alternative Energy Facilities
At Council's discretion. wind, small hydro, and solar energy generation facilities may be
permitted in any land use designation subject to conditions, 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.
4.2.12 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
Provincial Archaeology Office has been notified and provided directions on how the
development should best proceed.
4.2.13 Provision for the Disabled and Elderly
Council will consider the mobility needs of disabled and elderly residents in the planning
and design of municipal streets, recreational facilities, and when approving commercial,
public, and large residential buildings and facilities.
4.2.14 Signs
(1)
Unless otherwise exempted in the Development Regulations, the erection of advertising
and notice signs will be subject to the approval and standards of Council.
(2)
In addition to a permit from Council, the erection or display of a sign on Provincial Route
440 (aka Main Street) will require approval from Digital Government and Service
Newfoundland and Labrador.
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4.2.15 Use of Discretionary Authority
Council may exercise its discretionary authority to prohibit or set conditions on a
development when, in its opinion, that development might be incompatible with, or result
in undesirable impacts on, nearby existing land uses.
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. Environmental sensitivity will also be of primary consideration when considering
proposed developments in the vicinity of marine waters and steep hillsides. Land use decisions
will always duly consider environmental sustainability and biodiversity objectives.
4.3.1 General Environment
1.
Biodiversity
Maintaining biodiversity will be of foremost consideration in the planning and approval of
future development in the Municipal Planning Area.
2.
Protection of Sensitive Areas
Environmentally sensitive lands, including the water supply area, watercourses, riparian
areas, wetlands, steep slopes, wet and unstable soils, sensitive coastal features, and
terrestrial and marine habitat, will be protected from potentially damaging development.
3.
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 agencies such as Environment, Climate Change and
Municipalities, Service Newfoundland and Labrador, Health and Community Services, the
Provincial Wildlife Division, Fisheries and Oceans Canada, and Environment Canada.
4.3.2 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.
4.3.3 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, pollution, and damage to important habitat for aquatic
and terrestrial species.
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(3)
Where it believes that a proposed development may affect a watercourse or wetland, at
its discretion, Council may:
(a)
establish a sufficient buffer from the edge of the watercourse or wetland in
which development may not be permitted,
(b)
require such other conditions or restrictions as it deems necessary to protect the
watercourse or wetland, and/or
(c)
refuse to approve a development if it believes that identified impacts cannot be
sufficiently minimized or mitigated.
4.3.4 Freshwater and Coastal Shorelines
Development in the vicinity of freshwater and coastal shorelines shall be carried out in a manner
that is in accordance with the Provincial Policy for Development in Shorewater Zones and aims
to minimize environmental impacts, protect natural features, and preserve existing public
accesses to and along the shoreline.
4.3.5 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.
4.3.6 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 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.
4.3.7 Threatened and Vulnerable Species
(1)
Pine Marten
The Irishtown-Summerside Municipal Planning Area is known to contain core habitat for
Newfoundland Pine Marten, which is listed as Threatened under the NL Endangered
Species Act. Denning of female marten and young occurs from early April to the end of
June and dens must be protected from damage and disturbance during this time period
as dens are protected under both the provincial NL Endangered Species Act and the
federal Species at Risk Act.
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In areas where there is concern that development may affect core habitat and/or denning
activities of the Pine Marten, Council will seek input from and cooperate with the Provincial
Wildlife Division to ensure impacts on the species will be minimized.
(2)
Rusty Blackbird
The Rusty Blackbird, which is listed as a Vulnerable avian species under the NL
Endangered Species Act, is reported to occur within the Municipal Planning Area. The
Wildlife Division's website on endangered species states that the Rusty Blackbird is
associated with forest wetlands, including slow-moving streams, peat bogs, sedge
meadows, and ponds, dominated by conifer forest and scrub edges. In the winter, they
occur in damp woodlands and cultivated fields.
Conservation buffers established to protect the environment of wetlands and watercourses
will help to provide protection for Rusty Bird habitat. In addition, when any significant new
area is being planned for development, Council will seek input from and cooperate with
the Provincial Wildlife Division to ensure impacts on the species will be minimized.
4.3.8 Hughes Brook Watershed
Hughes Brook is a scheduled salmon river that forms the boundary line between Irishtown-
Summerside and the Town of Hughes Brook. From its mouth into Humber Arm to the northern
extent of the Irishtown-Summerside municipal boundary, the western side of Hughes Brook
meanders for a distance of approximately 3.2 kilometres within the Town's planning area.
According to comments from the Wildlife Division, the Hughes Brook watershed contains
sensitive riparian and aquatic habitat and a number of rare plant species in its floodplain forest,
tidal marsh at its mouth, and shallow backwater pools. The Division has requested that Council
maintain a minimum 50-metre naturally vegetated buffer abutting Hughes Brook to protect
sensitive riparian and aquatic species and their habitat.
A naturally vegetated riparian buffer will be maintained along the entire western portion of the
Hughes Brook watershed located within the Irishtown-Summerside municipal boundary to protect
the sensitive resources along this stretch of river.
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, scouring and
siltation of streams, or injury to rare and sensitive species and habitat.
4.4
Infrastructure Policies
4.4.1 Water Supply System
Council will maintain its water supply system, including intakes, treatment plants, and distribution
system, in good working order to ensure the availability of an adequate quantity and quality of
water for the town.
4.4.2 Sanitary Sewer System
Council will maintain the town's sanitary sewer system in good working order.
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4.4.3 Stormwater Management
Council will maintain storm drains, drainage ditches, and related 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.
4.5
Transportation Policies
The transportation system in Irishtown-Summerside includes a hierarchy of arterial, collector, and
local streets as well as public trails and walkways.
4.5.1 Consideration of Environmental Impacts
New 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 street 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
Main Street (aka Provincial Route 440) is Irishtown-Summerside's only Arterial Street.
Running parallel to the Humber Arm shoreline, it extends approximately 11 kilometres
from the town's eastern boundary with the Town of Hughes Brook to the western boundary
with the Town of Meadows.
3.
Individual Accesses
Council will use its discretionary authority if necessary to prevent development of any
driveway or other private access along Main Street where it deems that such access would
adversely affect traffic safety and/or efficiency.
4.5.3 Collector Streets
1.
Purpose
The primary purpose of collector streets is to distribute traffic between major points and
local streets within the Town.
2.
Description
As all local streets connect directly to Main Street, Irishtown-Summerside presently does
not have any street that can be described as a collector street.
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4.5.4 Local Streets
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 streets except for Main Street.
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 Provision for the Disabled and Elderly
Streets, sidewalks, public walkways, parking areas, and access points to public and commercial
buildings will be designed to facilitate easy access and movement by disabled and elderly
persons.
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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, 2, and 3. 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 Designations
Zones
Conservation
Environmental Protection
Conservation Area
EP
CA
Mixed Development
Mixed Development
MD
Residential
Residential Low Density
Residential Medium Density
RLD
RMD
Open Space
Open Space
OS
Rural
Rural
Rural Residential
RU
RR
5.1
Conservation
5.1.1 General Intent
Land is designated Conservation to protect environmentally sensitive and important lands and
natural resources including protected water supply areas, other surface water resources,
wetlands, estuaries, flood risk areas, steep slopes and cliffs, and rare and protected species.
5.1.2 Land Use Zones
The Development Regulations will establish two land use zones within the Conservation
designation.
Conservation Designation - Land Use Zones
Zone
Intent
Application
Environmental Protection
Protect water supply areas,
watercourses, wetlands,
flood risk areas, steep
slopes, important habitat,
and other sensitive lands.
Protected water supplies,
rivers, lakes, streams,
wetlands, floodplains,
estuaries, coastal features,
and sensitive habitat.
Conservation Area
Conserve and protect
sensitive land and
resources including habitat
of rare and threatened
species.
Corresponds to the
boundaries of the proposed
Hughes Brook stewardship
area.
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5.1.3 Environmental Protection Zone
1.
Land Use
(1)
Conservation and open space are permitted. Open space may include low-impact
uses such as walking trails, boardwalks, viewing platforms, picnic tables, and
outdoor interpretation facilities.
(2)
At its discretion, Council may permit docks, slipways, boathouses, stages,
stageheads, fisheries facilities, marine facilities, and marinas in coastal (i.e.
saltwater) areas subject to conditions to protect sensitive resources and habitat.
These uses will not be permitted in freshwater shoreline areas. Council approval
of such developments will be subject to necessary Provincial approvals and
requirements.
Transportation infrastructure and utilities may be permitted at Council's discretion
only if alternative locations are not feasible and Council considers the proposed
development to be in the public interest. It will be limited to essential infrastructure
such as road crossings of streams, bridges, culverts, drainage ditches, electrical
transmission lines, water supply infrastructure, and sewer infrastructure. Council
may consult with the Department of Environment, Climate Change and
Municipalities, Fisheries and Oceans Canada, the Department of Industry, Energy
and Technology and other relevant agencies before approving any such
development.
At its discretion, Council may permit mineral and petroleum exploration that is
classed as a development subject to the provisions of Section 4.2.8, necessary
Provincial approvals, and other conditions deemed necessary by Council.
Other uses that may be permitted at Council's discretion include antennas, forestry,
and recreational open space only in the form of multi-use trails.
2.
Pynn's Pond and Irishtown Brook Protected Water Supply Areas
(1)
The Environmental Protection designation includes two Provincially protected
water supply areas: the Pynn's Pond Protected Water Supply Area and the
Irishtown Brook Protected Water Supply Area. Highest priority within these areas
is to ensure land uses and development will not negatively affect surface water and
recharge areas for these water supplies.
(2)
No development of any kind will be permitted in the Pynn's Pond and Irishtown
Brook Protected Water Supply Areas without the required permit(s) and guidance
of the Water Resources Management Division of the Department of Environment,
Climate Change and Municipalities.
(3)
Council will monitor land uses and activities in both Protected Water Supply Areas
to ensure they are carried out in a manner that will not harm water quantity and
quality.
(4)
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.
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4.
Excavation and Infilling of Land and Water
Excavation and infilling of land and water will not be permitted unless it is to redirect
stormwater, is related to a permitted coastal development, or is a work that has been
approved by the Water Resources Management Division of the Department of
Environment, Climate Change and Municipalities.
Council will not approve any infilling or dredging work within 15 metres of a body of water
unless a permit from the Province has been issued under the Water Resources Act 2002.
Also, all proposed infilling must comply with the Province's Policy for Infilling Bodies of
Water.
5.1.4 Conservation Area Zone
1.
Land Use
Conservation and open space are permitted. Open space may include low-impact uses such as
walking trails, boardwalks, viewing platforms, picnic tables, and outdoor interpretation facilities.
Transportation infrastructure and utilities may be permitted at Council's discretion only if
alternative locations are not feasible and Council considers the proposed development to be in
the public interest. This will be limited to essential infrastructure such as road crossings of
streams, bridges, culverts, drainage ditches, electrical transmission lines, and water and sewer
infrastructure.
5.2
Mixed Development
The Mixed Development designation applies to some older developed area fronting onto Main
Street. This designation recognizes the existing mix of residential, commercial, and public uses
that has evolved over time and opportunities to accommodate future commercial development in
the town.
5.2.1 General Intent
(1)
Council will carefully manage new development in this designation to facilitate compatible
residential and non-residential development along Main Street. Land uses and design
approaches will be promoted that preserve and enhance the traditional character of these
areas.
(2)
The Mixed Development designation will accommodate a compatible mix of land uses to
enhance the potential of these areas to function as hubs of community and commercial
activity.
5.2.2 Compatibility of Uses
(1)
In evaluating development proposals, Council will pay particular attention to the
compatibility of uses, particularly between residential and non-residential uses.
(2)
Where an area within the Mixed Development designation is predominantly residential in
character, proposed non-residential uses will not be approved if they are deemed to be
incompatible with existing uses and the residential character of the area.
(3)
Before permitting any non-residential development, Council will be satisfied that its
requirements with respect to building setbacks, buffering between uses, off-street parking,
outdoor storage, and other site related matters can be met.
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(4)
Council may impose conditions to require commercial, industrial, and other non-residential
uses to maintain an attractive appearance and minimize adverse impacts on existing uses,
including proper site layout, buffering, screening, and control or restriction of potentially
noxious activities.
5.2.3 Use of Discretionary Authority
If Council deems that a proposed development in the Mixed Development designation will
adversely affect the character of the area, it may exercise its discretionary authority to set terms
and conditions on the development or to refuse the application.
5.2.4 Mixed Development Zone
The Development Regulations will establish one land use zone within the Mixed Development
designation - also referred to as Mixed Development.
1.
Land Use
(1)
The Mixed Development designation will accommodate a compatible mix of
community, commercial, and residential uses. The designation will allow for the
development of various types of housing, public buildings, open space, and low-
impact commercial and industrial uses.
Single dwellings, double dwellings, subsidiary apartments, boarding houses, and
accessory buildings will generally be permitted except where they are deemed by
Council to be incompatible with existing commercial or other non-residential uses.
Childcare, community gardens, conservation, open space, transportation, and
utilities are complementary uses that will be permitted.
(2)
Apartment buildings, row dwellings, residential care homes, and retirement homes
may be permitted at Council's discretion.
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.
Arts and craft studios, assembly uses, clubs and lodges, communications, crop
agriculture, cultural and civic uses, educational uses, emergency services, general
services, indoor markets, kennels, medical services, medical treatment facilities,
offices, outdoor markets, personal services, places of worship, recreational open
space, recycling facilities, shops, vehicle sales, and veterinary services may be
permitted at Council's discretion except where they are deemed by Council to be
incompatible with existing residential uses.
Bed and breakfasts, campgrounds, catering, commercial residential, drinking
establishments, entertainment, funeral homes, take-out food services, temporary
vending facilities, tourist cottage establishments, and visitor rental dwellings may
be permitted at Council's discretion if they are deemed to be suitable for the area
and compatible with existing land uses.
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At Council's discretion, domestic sawmills and personal livestock uses may be
permitted as an accessory use to a permitted main use.
At its discretion, Council may permit mineral and petroleum exploration that is
classed as a development subject to the provisions of Section 4.2.8, necessary
Provincial approvals, and other conditions deemed necessary by Council.
Other uses that may be permitted at Council's discretion include energy generation
facilities, garden centres, general garages, light industry, and service stations.
5.3
Residential
5.3.1 General Intent
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 accommodates a diversity of housing needs. By permitting a variety of housing
forms, it is Council's objective to ensure housing remains affordable for all socio-economic
groups. The intent is also to manage residential development in a manner that preserves and
protects sensitive environments, public open space, and scenic values.
5.3.2 Land Use Zones
The Development Regulations shall establish two land use zones within the Residential
designation. The Residential Low Density zone takes in newer development areas, where it is
Council's objective to require larger lots than in the older more densely developed areas of the
town.
Residential Designation - Land Use Zones
Zone
Intent
Application
Residential Low Density
Recognize existing and
accommodate future low-
density neighbourhoods of
predominately single-detached
dwellings. Allow for higher
density housing at Council's
discretion.
Existing neighbourhoods and
future subdivisions.
Residential Medium
Density
Recognize existing and
accommodate future medium-
density neighbourhoods of
single-detached dwellings and,
at Council's discretion, double
and multi-unit dwellings.
Existing neighbourhoods and
future subdivisions.
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5.3.3 Residential Low Density Zone
The Residential Low Density zone applies to existing residential areas in the eastern section of
Irishtown-Summerside, taking in both sides of Main Street as well as adjoining streets including
Highland Drive, Celtic Drive, Clover Street, Shamrock Crescent, Meadow Lane and Jarvis
Road. This zone includes significant undeveloped areas to accommodate future development.
While single detached dwellings will remain the primary housing form in this zone, applications
for double and multi-unit dwellings and residential care homes may be considered.
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 community gardens, conservation, open space,
transportation and utilities.
(2)
At Council's discretion, apartment buildings, boarding houses, double dwellings,
row dwellings, residential care homes, and retirement homes may be permitted
subject to conditions.
At Council's discretion, a home occupation within a residential dwelling or a
residential accessory building may be permitted subject to conditions.
At Council's discretion, bed and breakfasts and visitor rental dwellings may be
permitted subject to conditions.
At Council's discretion, antennas, childcare, convenience stores, crop agriculture,
domestic sawmills, energy generation facilities, kennels, personal livestock uses,
and recreational open space may be permitted subject to conditions.
At its discretion, Council may permit mineral and petroleum exploration that is
classed as a development subject to the provisions of Section 4.2.8, necessary
Provincial approvals, and other conditions deemed necessary by Council.
5.3.4 Residential Medium Density Zone
The Residential Medium Density zone applies to existing residential areas mainly lying back
from Main Street and extending from the Humber View Road in the east to the western
boundary of the town. Development opportunities in this zone include some potential infill on
existing streets and more likely through minor extensions to existing streets.
While single detached dwellings will remain the primary housing form in this zone, applications
for double and multi-unit dwellings and residential care homes will be encouraged.
1.
Land Use
(1)
Permitted housing the Residential Medium Density zone include single dwellings
and subsidiary apartments.
Accessory buildings will be permitted subject to standards and conditions.
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Other permitted uses include community gardens, conservation, open space,
transportation and utilities.
(2)
At Council's discretion, apartment buildings, boarding houses, double dwellings,
row dwellings, residential care homes, and retirement homes may be permitted
subject to conditions.
At Council's discretion, a home occupation within a residential dwelling or a
residential accessory building may be permitted subject to conditions.
At Council's discretion, bed and breakfasts and visitor rental dwellings may be
permitted subject to conditions.
At Council's discretion, antennas, childcare, convenience stores, crop agriculture,
domestic sawmills, energy generation facilities, kennels, personal livestock uses,
and recreational open space may be permitted subject to conditions.
At its discretion, Council may permit mineral and petroleum exploration that is
classed as a development subject to the provisions of Section 4.2.8, necessary
Provincial approvals, and other conditions deemed necessary by Council.
5.4
Open Space
5.4.1 General Intent
The Open Space designation refers to lands set aside for parks and open space, passive
recreational uses, trails, and cemeteries.
5.4.2 Open Space Zone
The Development Regulations shall establish one land use zone within the Open Space
designation, also referred to as Open Space.
1.
Land Use
(1)
Permitted uses in the Open Space zone include community gardens, conservation
and open space.
Other permitted uses include transportation and utilities.
(2)
Uses that may be permitted at Council's discretion include cemeteries, crop
agriculture, outdoor assembly, and recreational open space.
At Council's discretion, catering, take-out food services, and temporary vending
facilities may be permitted that are accessory to a main use such as an outdoor
assembly event or recreational open space use.
At Council's discretion, an outdoor market may be permitted on a temporary basis,
for example, as part of a community event.
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 51
At its discretion, Council may permit mineral and petroleum exploration that is
classed as a development subject to the provisions of Section 4.2.8, necessary
Provincial approvals, and other conditions deemed necessary by Council.
2.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design
plan for Council's consideration.
5.5
Rural
5.5.1 General Intent
Areas are designated Rural to recognize their potential for natural resource utilization, agriculture,
outdoor recreation, and certain industrial activities that may not be suitable in or near Irishtown-
Summerside'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 resource
lands and natural habitat.
5.5.2 Land Use Zones
The Development Regulations shall establish two land use zones within the Rural designation.
Rural Designation - Land Use Zones
Zone
Intent
Application
Rural Residential
Recognize the need for rural
economic activity supported by nearby
family housing.
Allow for unserviced residential
dwellings that can be mixed
with rural economic activity.
Rural
Recognize lands presently used for or
with potential for forestry, mineral
working outdoor recreation, and
natural resource development.
Undeveloped lands lying
outside existing built-up areas.
5.5.3 Rural Residential Zone
The Rural Residential zone takes in one site located north of Main Street in the vicinity of Hughes
Brook.
1.
Land Use
(1)
Permitted housing the Residential Rural zone include single dwellings and
subsidiary apartments.
Accessory buildings will be permitted subject to standards and conditions.
Other permitted uses include community gardens, conservation, open space,
transportation and utilities.
(2)
At Council's discretion, a home occupation may be permitted subject to conditions.
At its discretion, Council may permit mineral and petroleum exploration that is
classed as a development subject to the provisions of Section 4.2.8, necessary
Provincial approvals, and other conditions deemed necessary by Council.
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 52
Other uses that may be permitted at Council discretion include antennas, bed and
breakfasts, campgrounds, construction yards, crop agriculture, domestic sawmills,
energy generation facilities, general and light industry, kennels, personal livestock
uses, and recreational open space.
5.5.4 Rural Zone
The Rural zone recognizes land used presently or with the potential for forestry, mineral working,
agriculture and other natural resource developments.
1.
Land Use
(1)
Permitted uses in the Rural zone include antennas, conservation, crop agriculture,
energy generation facilities, forestry, mineral and petroleum exploration, open
space, transportation and utilities.
(2)
Uses that may be permitted at Council's discretion include cemeteries,
construction yards, livestock agriculture, mineral working, mining, petroleum
extraction, recreational dwellings, and recreational open space.
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, or mineral working
use, or is unsuitable for development within built-up areas of Irishtown-
Summerside.
A salvage yard may be permitted at Council's discretion subject to conditions.
An outdoor market or shop may be permitted at Council's discretion provided that
the use is accessory to a commercial agriculture use.
2.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design
plan for Council's consideration.
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, Forestry
and Agriculture.
(2)
Logging activities shall respect the Town's objectives for environmental protection,
municipal watershed protection, scenic preservation, and recreation areas.
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 53
(3)
Domestic wood cutting will be permitted in areas designated for that purpose by
the Provincial Forestry and Wildlife Division.
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 54
6.0 IMPLEMENTATION
The Irishtown-Summerside 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 Irishtown-Summerside Municipal Plan 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 Irishtown-Summerside 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, 2, and 3
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 Irishtown-
Summerside 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 Irishtown-Summerside
Municipal Planning Area must apply to Council for permission through the established
procedure. Council shall require that all development applications conform fully to the
Irishtown-Summerside 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 Irishtown-Summerside in the best long-term interest of residents and
landowners.
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 55
(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 Irishtown-Summerside 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 extension
is not more than 50 percent of the existing building
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 56
(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 Irishtown-
Summerside, 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
Irishtown-Summerside 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 Irishtown-Summerside 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 Irishtown-Summerside 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.
6.4
Development Control
6.4.1 Municipal Plan is Binding
The Irishtown-Summerside Municipal Plan is a legal document that is binding upon all persons
and organizations including Council.
Irishtown-Summerside Municipal Plan, 2020-2030
Baird Planning Associates
Page 57
6.4.2 Council Responsibility
Council shall exercise appropriate control over development in the Irishtown-Summerside
Planning Area in accordance with the Municipal Plan and the Development Regulations.
6.4.3 Subdivision and Development Applications
(1)
All persons wishing to subdivide or develop land for any purpose within the Planning Area
shall apply to Council for permission on the prescribed application form and shall submit
a detailed drawing of the proposal indicating the location and dimensions of the land and
the development.
(2)
Council will examine the application on the basis of the Development Regulations. Council
may approve the application, approve it with conditions, or refuse it.
6.4.4 Right to Appeal
An applicant who receives a refusal decision from Council on a development application may
appeal that decision to the Appeal Board in accordance with the Irishtown-Summerside
Development Regulations.
6.4.5 Provincial and Federal Referrals
If Council deems that a proposed development may be affected by the policies or regulations of
a Provincial or Federal department, the application will be referred to the concerned department
for comments before a permit is issued.
6.5
Amending the Municipal Plan and Development Regulations
This Municipal Plan was prepared on the basis of existing and expected future conditions. It is
Council's intention not to amend the Plan for a five-year period after its adoption, after which
another Plan Review will be undertaken. Nevertheless, if circumstances change in unforeseen
ways during the planning period, Council may consider possible amendments to the Plan.
6.5.1 Municipal Plan Amendment
If Council decides to adopt an amendment to the Municipal Plan, in accordance with Section 25
of the Urban and Rural Planning Act 2000, the amendment procedure will be the same as for the
adoption of the Municipal Plan as a whole. This procedure is outlined in Sections 14 to 24 of the
Act.
6.5.2 Stand-Alone Amendment to the Development Regulations
(1)
If Council decides to adopt an amendment to the Development Regulations that does not
also require a change to the Municipal Plan, the amendment procedure will be in
accordance with Section 35 (5) of the Act.
(2)
Council shall give notice of the proposed change in a newspaper circulated in the area
and shall receive representations with respect to those changes before forwarding the
adopted amendment to the Department of Municipal and Intergovernmental Affairs and
for registration under Section 24 of the Act.
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