Kippens, Newfoundland and Labrador
· adopted 2023-05-18
This is the exact embedded text of the captured official document.
Snapshot d6954d7894a6 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Prepared by:
~
-
SCP
Smllh Communll'-' Plonnlna
Project ID: MPR-01-2019-001
Town of Kippens
- MUNICIPAL PLAN (2023-33)
--.
-
. --
. --
... ----..
_
.. ._- .. -----
~-
-.
·, -
' -
-
Approved by Council on:~
---11---~ -{2-~ _-1_ ______ _
Registered in t he NL Gazette on: __________________________ _
____ .--<
Prepared for the Town Council of:
I
·'
, . .
,, .
:~
,l __ ,.r
URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF KIPPENS MUNICIPAL PLAN, 2023-33
Under the authority of section 16 of the Urban and Rural Planning Act, 2000, the Town
Council of Kippens adopts the Town of Kippens Municipal Plan, 2023-33.
Adopted by the Town Council of Kippens on the 18th day of May 2023.
Signed and sealed this~
day of~
- ~ D;J.3
Mayor:
Clerk:
Canadian Institute of Planners Certification
TOWN OF KIPPENS
2 Juniper Avenue
Kippens, Nt."".
A2N 3H8
I certify that the attached Town of Kippens Municipal Plan, 2023-33 has been prepared
in accordance with the requirements of the Urban and Rural Planning Act, 2000.
MCIP/FCIP:
Andrew C. Smith, MCIP
........
. ·. .
.. :..:- ---··-~ · -.
I:'
:
:
...
. ..:.. --
_.· ..
,.
8Vi3C!91), 7() !ltV\/OT
9ur1svA ·isqir.uL S
.,- .. ~~!/t ~~fH:qqi)!
BH~: MS:A
~·
'\
~
~
.~ . '
,? 5'? i
.......
✓-
~-
_·.--:.
---------
..
.
--::,.._.........~,....._,~rr,,,'r·-·-'
' .
' .
n
=' /
\
n
URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO APPROVE
TOWN OF KIPPENS MUNICIPAL PLAN, 2023-33
Under the authority of sections 16, 17 and 18 of the Urban and Rural Planning Act,
2000, the Town Council of Kippens:
1. Adopted the Kippens Municipal Plan, 2023-33 on the 18th day of May 2023;
2. Gave notice of the adoption of the Kippens Municipal Plan, 2023-33 by way of an
advertisement inserted in the West Coast Wire on the 12th day of July 2023 and
on the 26th day of July 2023; and
3. Set the 1st day of August 2023 at 7:00 p.m. at the Kippens Community Centre in
the Town of Kippens for the holding of a public hearing to consider objections
and submissions.
Now, under section 23 of the Urban and Rural Planning Act, 2000, the Town Council of
Kippens approves the Kippens Municipal Plan, 2023-33 on the 7th day of September
2023 as amended as follows:
(1) 'Domestic woodcutting' is added as a use that may be made under the 'Rural
Resource (RR)' future land use class (proposal B.2.1.3 (2) (c) iii.);
(2) Future streets labelled (g) (Unnamed Future Street, Simon Drive Extension, and
Orchard Lane), (h) (Simon Drive Extension), and (i) (Unnamed Future Street and
Simon Drive Extension) are removed from the table under proposal B.2.4.3 (4);
(3) Future street label 0) (Brake's Lane and Orchard Lane) is replaced with (g) in the
table under proposal B.2.4.3 (4);
(4) Future street label (k) (Marine Drive and McCarthy's Lane) is replaced with (h) in
the table under proposal B.2.4.3 (4);
(5) Proposal B.2.7.3 (3) is repealed and replaced with the following proposal:
B.2.7.3 (3) As per proposal B.2.1.3 (2), allow domestic woodcutting in
most use zones throughout the Municipal Planning Area. This includes,
but is not limited to, the area north of the transmission line (area
designated and zoned 'Rural Resource (RR)');
(6) Future streets labelled (g), (h), and (i) are removed from 'Schedule A: Future
Land Use Classes Map';
(7) Future street label U) is replaced with (g) on 'Schedule A: Future Land Use
Classes Map'; and
(8) Future street label (k) is replaced with (h) on 'Schedule A: Future Land Use
Classes Map'.
Signed and sealed this -'-5 day of __ S:_:<-i?- ~~~~-.... :v::~----
Mayor:
Clerk:
TOWN OF KIPPENS
2 Juniper Avenue
Kippens, NI-, ·
A2N 3H8
'
.. - .,
'
!' .
.:.-
-..
-,
..... _
........
3t;13q9f)1 iO vlVVOT
sunevA 1thJinul.. ~
r·~ 111 ,,miqqi>!
8Hf. h1~)\
------
..
..---:-..-
,,
,//~/r/"l'I''.
n
Canadian Institute of Planners Certification
I certify that the attached Town of Kippens Municipal Plan, 2023-33 has been prepared
in accordance with the requirements of the Urban and Rural Planning Act, 2000.
MCIP/FCIP:
Andrew C. Smith, MCIP
Municipal Plan/ Amendment
REGISTERED
Number _2 __ 6 ..... l_,5_-_ 2.._tJ_2
_____ 3_-____ D_D_() __
Date ___ 3_ fa_C{-t--2-{J
_ 2-D
___ ~----
Signature __.~--;,,-........ -~ .... -I .... ~
....... .......,,'----
__
__ >,.-.----
Section A: Plan Framework ..................................................................................................................................................... 2
A.1 Purpose and Contents ................................................................................................................................................. 2
A.2 The Planning Process .................................................................................................................................................. 4
Section B: Plan Direction ......................................................................................................................................................... 7
B.l Municipal Plan Goals and Objectives ......................................................................................................................... 7
B.2 Land Use Goals, Policies and Proposals ...................................................................................................................... 8
B.2.1 Overa II Development Strategy ........................................................................................................................... 8
B.2.2 Legal Non-Conforming Uses ............................................................................................................................. 16
B.2.3 First Nations ...................................................................................................................................................... 18
B.2.4 Public Streets and the Subdivision of Lands .................................................................................................... 20
B.2.5 Public and Safety Emergency Services ............................................................................................................. 28
B.2.6 Public Utilities ................................................................................................................................................... 33
B.2. 7 Hinterland Areas ............................................................................................................................................... 36
B.2.8 Residential Uses ................................................................................................................................................ 38
B.2.9 Economic Development, Commercial and Industrial Uses ............................................................................ .41
B.2.10 Protection of the Natural Environment.. ...................................................................................................... .45
B.2.11 Open Space and Recreational Uses ............................................................................................................... 52
B.2.12 Archaeological and Historical Sites ................................................................................................................ 57
B.2.13 Signs ................................................................................................................................................................ 58
Section C: lmplementation ................................................................................................................................................... 62
C.1 Overview .................................................................................................................................................................... 62
C.2 Administration of Plan and Regulations ................................................................................................................... 62
C.2.1 Division of Powers ............................................................................................................................................ 62
C.2.2 Public Consultation and Participation .............................................................................................................. 63
C.2.3 Development Review and Approval Process ................................................................................................... 63
C.2.4 Performance-based Discretionary Decision-making ..................... , ................................................................. 64
C.2.5 Professional Advice and Certification .............................................................................................................. 64
C.3 Recommended Studies and Initiatives ..................................................................................................................... 66
C.4 Municipal Land Assembly Program .......................................................................................................................... 66
C.5 Municipal Capital Works and Budgeting Program ......................................................... ...................................... 67
Appendix A: Amendments .................................................................................................................................................... 68
Appendix B: Future Land Use Classes and Use Zones ......................................................................................................... 69
Appendix C: Performance-based Rubric .............................................................................................................................. 70
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 1 of 74
A.1 PURPOSE AND CONTENTS
Note: Italicized words are defined in the 'Development Regulations (2023-
, 2033)'
The 'Town of Kippens Municipal Plan (2023-2033)' (henceforth the Plan) is the legal document for
guiding the future of the Town between 2022 and 2032. The Plan strives to manage growth and
development; promote economic development through supporting the local economy; and protect the
character of existing neighbourhoods, the natural environment and drinking water supplies.
The Plan is guided by the overarching goal and objectives (subsection 'B.1 Municipal Plan Goal and
Objectives'). These provide the context for the detailed land use subsections (subsection 'B.2 Land Use
Goals, Policies and Proposals'). Each subsection contains a guiding goal, general policies and specific
proposals of Council to give effect to the Plan. The 'Town of Kippens Development Regulations (2023-
2033)' (henceforth the Regulations) contain the detailed development provisions required to implement
the Plan. The relationship between the Plan and Regulations is shown in 'Illustration 1: Municipal Plan
and Development Regulations Framework.'
~-
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 2 of 74
Illustration 1: Municipal Plan and Development Regulations Framework
Municipal Plan Goal and Objectives
Land Use Goals
Land Use Policies
Land Use
Proposals
Development
Regulati9ns
(Part fl)
Municipal Plan
(Part I)
The Town's M unicipal Boundary (henceforth the MB), or commonly referred to as Town limits, extends
approximately 5.5km east-west along Kippens Road (Route #460). The Town's southerly boundary is the
coastline along Bay St. George and extends approximately 4km northward inland. However, the Town's
Municipal Planning Area (henceforth the MPA) extends approximately 6km northward inland to
accommodate the aquifer recharge area for the Town's wellhead public Protected Water Supply Area
(PWSA; see 'Illustration 2: Municipal Planning Area (MPA) and Municipal Boundary (MB)'). The MPA and
MB have approximate areas of 18km2 and 15km2 respectively. The Plan and the Regulations apply to all
public and private freehold lands within the MPA.
~.
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 3 of 74
Under the Urban and Rural Planning Act, 2000 (henceforth the Act), Council must review the Plan every
five (5) years from the date on which it came into effect; and if necessary, revise the Plan to reflect
changes in the community that can be foreseen during the next ten (10) year period. In response to
new development proposals or changes to community and Council priorities, policies or proposals, the
Plan may be amended as necessary prior to the legislative review period. Such amendments must
follow the process outlined under section 25 of the Act (see 'Appendix A: Amendments' for the current
list of legally enacted amendments to the Plan and Regulations).
A.2 THE PLANNING PROCESS1
The process to develop a new Municipal Plan takes place in several steps as shown in 'Illustration 3:
Planning Process.' The first step, 'Research & Analysis,' involves researching all relevant planning issues,
including a review of current land use, demographics, and economic data; and gathering the most
recent mapping and aerial imagery for the Town. The research also involves assessing other initiatives,
reports, and studies; and, where appropriate, incorporating them into the Municipal Plan. The
1
Section revised from Town of Norman's Cove- Long Cove, Municipal Plan 2012-2022, Subsection 1.5, Registration
113500-2013-006, Gazette Date August 2, 2013
Town of Kippens
Municipal Plan (2023-33)
Page 4 of 74
summary of this step is compiled in the associated Background Report, which was submitted to Council
for review prior to the development of this Plan.
The second step involves 'Stakeholder & Public Consultation.' The Plan is community-based and must
involve residents at a collaborative level in order to be relevant and effective. The document strives to
reflect the open and democratic process of planning, incorporating the input and views of residents and
community stakeholder groups. The Plan is meant to articulate a harmonized vision and direction in
which the residents wish to see the Town progress over the next ten (10) years.
The summary of this step is also compiled in the above-noted Background Report. Subsection 'B.6
Public Participation Summary' of the Report summarizes the various public participation strategies that
were implemented in order t o garner feedback from residents and commu nity stakeholder groups.
Strategies that were implemented include a community-wide survey, pop-up booth, stakeholder group
interviews and questionnaires, and public meetings.
Illustration 3: Planning Process
/0 ..
Research &
Analysis
Assessment of current
planning contexts, uses, and
interests; review of past
townscape and development
studies; and assembly of G/S
mapping data
- - -
,,, ..
Stakeholder &
Public Consultation
Consultation with residents,
provincial agencies, regional
authorities, and community
stakeholder groups
/
..
Draft Plan &
Mapping
Farmulatian of the braad
gaal and objectives of the
Municipal Plan; development
a/ the policies and proposals
of Council; and drafting of
the Development
Regulations to implement
the Municipal Plan
-
~ .. 0
Plan
Review
Department a/ Municipal
and Provincial Affairs reviews
the Municipal Plan far
canfarmity with provincial
interest, law and policy;
Council adopts the Municipal
Plan and schedules a public
hearing
Municipal Plan
Approved
Council considers the
Commissioner's report/ram
the public hearing and
approves the Municipal Plan;
Department of Municipal
and Provincial A/fairs reviews
the Municipal Plan for
registration requirements
In accordance with section 15 of the Act, the draft Municipal Plan is submitted to the Minister of
Municipal Affairs and Environment for review to ensure that the document conforms to provincial
interest, law and policy. Following the completion of the provincial review, Council may by resolution
formally adopt the Municipal Plan in accordance with section 16 of the Act. Council may then give
notice of adoption and tentative public hearing (section 17 of the Act). If the public hearing proceeds, a
Commissioner, who is appointed by Council, shall hear objections and representations at the hearing
and will follow up with a report to Council. The report must contain a recommendation with two copies
of evidence taken from the hearing (section 22 of the Act).
After the Commissioner's report has been submitted, Council considers the recommendation and may
approve the Plan, table the Plan, or approve the Plan with changes recommended by the
Commissioner. If approved, Council must then submit the Municipal Plan and Development Regulations
~
SCP
Town of Kippens
Municipal Plan (2023-33)
Page S of 74
to the Minister of Municipal Affairs and Environment to be registered in the planning registry
established by the Department (section 24 of the Act). The Municipal Plan comes into effect on the
date that the notice of its registration is published in the Newfoundland and Labrador Gazette
(subsection 24(3) of t he Act).
~·
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 6 of 74
Section B: Plan Direction
_..,,~
.... ~
~:,,,'
.,,. !'Iii.:~--
. . . ·- .. ..!-. -
-
8.1 MUNICIPAL PLAN GOALS AND OBJECTIVES
The overarching goal of this Plan is to facilitate a sustainable, safe, and healthy Town in which to work,
play, and rest.
The broad objectives of this Plan are to:
(a) Facilitate and maintain the established residential and rural character of the community;
(b) Support growth and development that is consistent with community values;
(c) Ensure land is used and developed in an environmentally responsible manner;
(d) Promote a healthy community t hat engages in active recreation and active transportation;
(e) Protect environmentally sensitive areas;
(f) Help support and protect First Nations' history, culture, and traditional land use activities;
(g) Recognize the traditional variety and mix of land uses, while separating incompatible uses and
minimizing the potential for land use conflicts;
(h) Support the revitalization of a healthy resource-based economy;
(i) Promote economic diversification;
(j) Protect existing and potential future surface and groundwater resources;
(k) Encourage a development pattern t hat will minimize future servicing needs and costs;
(I) Promote the utilization and upkeep of existing and proposed public infrastructure;
(m) Direct development away from areas that pose a risk to public health and safety, or where
property may be damaged; and
(n) Encourage the provision of areas for public open spaces and park uses.
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 7 of 74
The goal and objectives reflect Council's priorities for the future development of the MPA. The
objectives provide a reference for those who administer and enforce the Plan, and to use when making
land use decisions.
B.2 LAND USE GOALS, POLICIES AND PROPOSALS
8.2.1 OVERALL DEVELOPMENT STRATEGY
IB.2.1.1 Overview
The overall development strategy addresses the future distribution and form of development within the
MPA. A central thrust of the Plan and Regulations is to guide development in a manner that is
compatible with existing neighbourhoods and avoids or minimizes negative land use impacts. Negative
land use impacts include the creation of hazards or nuisances such as noise, dust, odour, vibration, or
light pollution. Much of the guiding direction of the Plan-as outlined through the following land use
goals, policies and proposals-revolves around this theme.
The overall development strategy also addresses the need for an efficient development pattern that
promotes active living and active transportation, but reduces overall resources and costs for
transportation, public and safety emergency services. However, Council understands that facilitating an
efficient development pattern must be balanced with the existing residential rural character of the
Town. On the whole, the municipality is characterized by a low density, rural residential development
pattern which allows for residents to maintain and enjoy the best of both rural and residential living.
The policies and proposals in the Plan are thus supportive of facilitating an efficient development
pattern, but are not overly restrictive in preventing the expansion of all development activities into
greenfield, hinterland areas of the MPA.
B.2.1.1.1 Future Land Use Classes and Implementing Use Zones
To achieve the overarching goal and objectives of this Plan, the MPA is divided into three (3) future land
use classes on the Future Land Use Classes Map ('Schedule A: Future Land Use Classes Map'). The
'Conservation (C)' future land use class is designated to protect environmentally significant and
sensitive features. This includes areas such as wetlands, water bodies, rivers and streams and buffers
therefrom (15m). The 'Rural Resource (RR)' future land use class is designated to protect the
undeveloped, rural hinterland area north of the transmission line from premature, unserviced urban
development pressures; and to facilitate mainly rural uses not requiring public services and typically
needing an expanse of land (e.g. agricultural uses, mineral working, forestry, and hunting/trapping).
The Town's wellheads and public PWSA are also located in this area, which further warrants the careful
long-term planning and protection of these lands. All remaining lands are designated 'Development (D)'
to allow the creation of a wide range of uses, which include agricultural uses, commercial uses,
industrial uses, institutional uses, residential uses, resources uses, and transportation uses. The policies,
proposals, and Regulations give more structure and direction to these three (3) future land use classes.
Tow n of Kip pens
Municipal Plan (2023-33)
Page 8 of 74
Despite the three (3) future land use classes and associated policies and proposals, select use groups,
use divisions, and uses may be created in any future land use use class. Examples include, but are not
limited to, public utilities, park uses, mobile and transient uses. Although these uses may not necessarily
be allowed in any use zone, allowing their creation affords Council with the flexibility to amend the
Regulations (e.g. considering a rezoning request) without amending the Plan to allow specific uses in
appropriate circumstances.
The future land use classes shall be implemented by six (6) initial use zones: 'Community Development
(CD)', 'Residential (RES)', 'Rural Development (RD)', 'Industrial (IND)', 'Rural Resource (RR)', and
'Conservation (C)'. As per subsection 13(2)(c) of the Act, these six (6) uses zones shall only contain
permitted and discretionary uses that are afforded by their parent future land use class. The
'Conservation (C)' and 'Rural Resource (RR)' future land use classes have use zones which by and large
mirror corresponding lands and allowed uses. The future land use classes and subsidiary use zones are
summarized in table format in 'Appendix B: Future Land Use Classes and Use Zones.'
The 'Development (D)' future land use class contains the CD, RES, RD, and IND use zones, in which
permitted and discretionary uses vary considerably. This gives Council increased flexibility in amending
the Regulations for specific development proposals (e.g. rezoning), as opposed to having to
concurrently amend the Plan. (Amending the Regulations is a more streamlined legislative process
compared with amending the Plan; and does not require initial review by the Department of Municipal
and Provincial Affairs or a public hearing presided over by a Commissioner.) The IND use zone is, at the
initial Gazette date of the Plan and Regulations, set up as a floating use zone mainly allowing industrial
uses and is not yet applied to any lands within the MPA. The intent of the IND use zone is to potentially
rezone future lands for industrial use development. This form of rezoning may be driven by an industrial
developer applying for a specific industry proposal within the MPA, which may have an adverse impact
on the community given the established rural residential character of the Town.
The broad 'Development (D)' future land use class also allows the creation of a new use zone to
accommodate a specific development proposal that is not allowed under t he respective use zone. For
example, as opposed to rezoning from RES to RD to allow an agricultural use (discretionary use), a new
use zone (e.g. RD-1) may be created to allow only the proposed use in the new RD-1 use zone. This
restricts the potential for other high impact land uses to be approved and developed on the subject
lands in the future.
Efficient Development Pattern
A low density development pattern, in which buildings, structures, and associated uses are few in
number but are widely spread apart, is very costly in terms of:
(1) providing public services such as water, road maintenance, snow clearing, parks upkeep, and
solid waste collection;
(2) providing safety emergency services such as fire, ambulance, and police services; and
~-
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 9 of 74
(3) overall transportation costs, presently borne by each resident (e.g. private motor vehicle travel
or taxi, since there is no public transit options for residents).
In order to facilitate an efficient development pattern, future development should be encouraged to
locate primarily in the existing built-up area of the Town, which is the eastern portion of the community
(i.e. areas accessed by Lakeview Drive and east thereof). This area possesses the highest residential
densities and bulk of infrastructure and serviced public streets. This area also contains the core
institutional and open space uses of the Town, including the Town Office, volunteer fire department,
community centre, and Kippens Recreational Complex. In order to reduce overall dependence on
private vehicle use and greenhouse gas emissions, and to potentially facilitate alternative transportation
options for residents of the Town, it is the intent of Council to explore rural transit opportunities
through the development of a feasibility study.
Active Living and Transportation
As the population ages, active living and active transportation will become increasingly important and
relied upon by seniors and other residents on fixed incomes. An efficient development pattern provides
opportunities for residents to visit friends and family in close proximity to their homes, and to walk to
stores and services. Facilitating opportunities for active living and active transportation will also help
promote the overall health and well-being of residents and the Town as a whole. It is the intent of
Council to develop an Active Transportation Plan, which would outline a future strategy for non-
motorized transportation in the Town. The development of this Plan will also explore the potential and
feasibility of developing a multi-use path adjacent to Kippens Road (Route #460).
Residential Rural Lifestyle and Development
Council recognizes that many residents enjoy living in the Town because of the residential rural lifestyle
it affords (i.e. offering the best of both residential and rural living). Many residents prefer to live in low
density residential areas where they are in a more natural environment and are distanced from
surrounding land use activity. Despite the promotion of an efficient development pattern in the eastern
portion of the Town, compatible development of an appropriate use and scale may be considered in
appropriately designated areas on the Future Land Use Classes Map. Where areas are not appropriately
zoned to accommodate a proposed use and development (e.g. agricultural use in the 'Residential (RES)'
zone), the proposal may be considered through the Regulations amendment application process (i.e.
rezoning process).
Having a rich history in farming and understanding the need for community self reliance and
sustainability, Council also recognizes the importance of promoting agricultural uses in appropriate
areas of the Town. The promotion of agricultural uses must be balanced with mitigating or eliminating
the potential for negative land use impacts on adjacent properties. It is thus the intent of Council to
categorize various agricultural uses into sub-uses within the Regulations, which may be allowed in
various use zones (i.e. listed as permitted or discretionary uses), depending on the nature, scale, and
potential for land use nuisance relating t o each development.
~
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 10 of 74
is.2.1.2 Goal and Policies
It is a goal of Council to guide development in the Municipal Planning Area that is compatible with
- existing neighbourhoods, minimizes or avoids negative land use impacts, and facilitates an efficient
development pattern that reduces overall costs and promotes active living and active transportation.
' It is a policy of Council to:
B.2.1.2 (1) Facilitate development that is compatible with the character of existing neighbourhoods and
minimizes or avoids negative land use impacts on existing, established land uses. Negative land use
impacts include the creation of hazards or nuisances such as, but not limited to, noise, dust, odour,
vibration, or light pollution.
B.2.1.2 (2) Guide future development in the Municipal Planning Area through the establishment of
future land use classes designated on the Future Land Use Classes Map.
B.2.1.2 (3) Despite policy B.2.1.2 (2), allow select use groups, use divisions, and uses to be made in any
f uture land use class in the Municipal Planning Area.
B.2.1.2 (4) Give priority to infilling vacant land, currently serviced by public water and fronting onto
existing public streets, over the development of new municipal streets and infrastructure.
B.2.1.2 (5) Promote a compact and efficient development pattern within the eastern portion of t he
Municipal Planning Area (areas accessed by Lakeview Drive and east thereof), in order to promote
active living and active transportation and to reduce the overall costs of transportation, public and
safety emergency services.
B.2.1.2 (6) In order to facilitate an efficient development pattern as per policy B.2.1.2 (S), encourage
new residential, commercial, and institutional uses to locate within the eastern portion of the Town.
B.2.1.2 (7) Allow compatible developments of an appropriate use and scale throughout the Municipal
Planning Area.
B.2.1.2 (8) Support and encourage the development of agricultural uses in appropriate locations within
the Municipal Planning Area. In accordance with the specific proposals under subsection B.2.1.3, which
are based on potential for land use impact and location within the Town, various types of agricultural
uses may be created in their respective future land use classes.
~
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 11 of 74
JB.2.1.3 Proposals
. It is a proposal of Council to:
B.2.1.3 (1) Adopt land use policies and proposals and implementing Regulations that facilitate
development that is compatible with the character of existing neighbourhoods and minimizes or avoids
negative land use impacts on existing, established land uses.
B.2.1.3 (2) Designate and divide land in the Municipal Planning Area into three (3) future land use
classes.
In accordance with subsection 13(2)(c) of the Act, the following tables outline the main uses that may
be made in each future land use class (i.e. included as permitted or discretionary uses in the use zone
tables under subsection 'E.2 Use Zone Regulations' of the Regulations). Uses that are not included in
the main uses category shall constitute prohibited uses that cannot be made in any use zone within the
respective use class. If a use is cross-referenced in 'Appendix C: Use Category Table' of the Regulations,
it may be created under the respective use group or use division (e.g. warehouse/indoor storage is
listed under both commercial and industrial use groups).
(a) Development (DJ This future land use class is designated to facilitate a wide range of uses
throughout the existing developed and rural, undeveloped areas within the Municipal Planning Area.
Development (D) i. Use Groups
Ii. Use Divisions
iii. Uses
Main Uses
(a) Agricultural
(N/A)
(N/A)
(b) Commercial
(c) Industrial
(d} Institutional
(e) Residential
(f) Resource
(g) Transportation
As of the initial Gazette date of the Plan and Regulations, the following use zones are seated under the
'Development (D)' future land use class: 'Community Development (CD)', 'Residential (RES)', 'Rural
Development (RD)', and 'industrial (IND).' This future land use class does not preclude the creation of
new use zones that contain the uses listed under the 'Development (D)' table above and/or the uses
listed under the 'All Areas within MPA Table' under proposal B.2.1.3 (3).
(b) Conservation (C): This future land use class is designated to protect sensitive environmental features
and to allow certain open space uses, and other select uses.
~-
SCP
-~~-
Town of Kippens
Municipal Plan (2023-33)
Page 12 of 74
Conservation (C) i. Use Groups
ii. Use Divisions
iii. Uses
Main Uses
(a) Open Space
(N/A)
(N/A)
As of the initial Gazette dat e of the Plan and Regulations, only t he 'Conservation (C)' use zone is seated
under t he 'Conservation (C)' future land use class. This future land use class does not preclude the
creation of new use zones that contain the uses listed under the 'Conservation (C)' table above and/or
t he uses listed under the 'All Areas w ithin MPA Table' under proposal B.2.1.3 (3).
(c) Rural Resource (RR): This future land use class is designated to protect the undeveloped, rural
hinterland area north of t he transmission line from premature, unserviced urban development
pressures; and to facilitate m ainly rural uses not requiring public services and typically needing an
expanse of land. This area contains t he wellheads and public Protected Water Supply Area (PWSA) of
the Town.
Rural Resource (RR)
Main Uses
~-
SCP
i. Use Groups
ii. Use Divisions
(a) Agricultural (excludes
{N/A)
Farm House)
(b) Open Space
Town of Kippens
Municipal Plan (2023-33)
Page 13 of 74
iii. Uses
(a) Industrial -
Manufacturing and
Processing - Manufacturing
Heavy (limited to sawmill)
{b) Institutional - Pets and
Animal Control - Kennel
(c) Institutional -
Posthumous - Graveyard
{d) Institutional - Research -
Research Farm
(e) Resource - Earth
Exploration -
Archaeological/Historical
Research Exploration
(f) Resource - Earth
Exploration - Mineral
Exploration
(g) Resource - Earth
Extraction - Mineral Working
(h) Resource - (N/A) -
Forestry
(i) Resource - (N/A) -
Domestic Woodcutting
(j) Resource - (N/A) -
Hunting/Trapping (excludes
Seasonal Residential Uses)
As of the initial Gazette date of t he Plan and Regulations, only the 'Rural Resource (RR)' use zone is
seated under the 'Rural Resource (RR)' future land use class. This future land use class does not
preclude the creation of new use zones that contain t he uses listed under t he 'Rural Resource (RR)'
table above and/or the uses listed under the 'All Areas within MPA Table' under proposal B.2.1.3 (3).
B.2.1.3 (3) Despite proposal B.2.1.3 (2), the following uses may be made t hroughout t he Municipal
Planning Area in any future land use class.
All Areas
i. Use Groups
ii. Use Divisions
iii. Uses
within MPA
Main Uses
(a) Open Space
(a) Agricultural - Small Scale
(a) Commercial/Industrial/Resource -
(b) Sign
(b) Resource - Earth Exploration
(N/A) -Warehouse/ Indoor
(c) Utilities
Storage
(b) Commercial/Institutional - (N/A) -
Special Function Tent
(c) Commercial - (N/A) -Vending
Facility
(d) Institutional - Educational -
Mobile Educational/Instructional
Use
(e) Institutional - (N/A) -
Government Use
(f) Institutional - Services - Safety
Emergency Services
(g) Transportation - (N/A) - Marina
(h) Transportation - (N/A) -
Transportation Hub
B.2.1.3 (4) Where on the Future Land Use Classes Map the use class boundary is uncertain, interpret
the boundary as to follow the Municipal Planning Area, street line, easement, right-of-way, trail,
walkway, nearest cliff edge adjacent to a watercourse or ocean coastline, or outermost reach of a
watercourse where no discernible cliff edge is present.
B.2.1.3 (5) Facilitate a mix of compatible developments of appropriate use and scale along Kippens Road
(Route #460). This shall be implemented through the application of a mixed-use, 'Community
Development (CD)' use zone. The initial application of this use zone extends approximately 100m from
the centre line of Kippens Road, containing lots fronting onto Kippens Road. However, t here are certain
instances where the CD use zone may be applied to lots not fronting onto Kippens Road and/ or
extending beyond 100m, including cases such as, but not limited to, existing, isolated commercial uses.
This proposal shall not limit the location of the future application of the CD use zone.
Uses allowed in the CD use zone shall include commercial uses, institutional uses, residential uses, and
other select uses. Residential uses with 5,40Us shall be listed as permitted uses, whereas higher density
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 14 of 74
uses (~SOUs) shall be listed as discretionary uses. Depending on the nature, scale, and compatibility of
other uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2) (a), they may be
listed as either permitted or discretionary uses in the CD use zone.
B.2.1.3 (6) Allow development in the hinterland areas throughout the Municipal Planning Area through
the application of 'Rural Development (RD)' and 'Rural Resource (RR)' use zones. Both the RD and RR
use zones shall include select agricultural uses, resources uses, and other compatible uses of a rural
nature; but residential uses shall be prohibited in these use zones unless specified as accessory to a
non-residential main use (e.g. farm house as an accessory use to a main agricultural use in the RD use
zone). Uses allowed in the RD and RR use zones generally require an expanse of land and separation
from urban uses. Depending on the nature, scale, and compatibility of other uses in the 'Development
(D)' future land use class under proposal B.2.1.3 (2) (a) or the 'Rural Resource (RR)' future land use class
under proposal B.2.1.3 (2)(c), they may be listed as either permitted or discretionary uses in the RD or
RR use zones respectively.
B.2.1.3 (7) 8.QQly the 'Residential (RES)' use zone to existing residential neighbourhoods and areas
planned for residential expansion during the lifespan of this Plan. Generally speaking, the RES use zone
shall be initially applied to lands south of Kippens Road (Route #460) and north of Kippens Road where
east of the Oceanview Drive area. Despite this, the RES use zone is not limited to these areas and may
be applied to other specific areas within the Town that are planned for residential expansion. Uses
allowed in the RES use zone shall include mainly residential uses and other select uses that are of low
land use impact and may be compatible with surrounding residential uses (e.g. place of worship,
governmental use, personal care home -
institutional). Depending on the nature, scale, and
compatibility of other uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2) (a),
they may be listed as either permitted or discretionary uses in t he RES use zone.
B.2.1.3 (8) Through the Regulations amendment application process, consider requests to rezone lands
wit hin the 'Development (D)' future land use class where the specific proposal is consistent with the
policies and proposals of this Plan and meets all of the applicable requirements of the Regulations.
Council may also consider the creation of new, tailored use zones within the D future land use class to
accommodate specific development proposals and to help protect adjacent properties from the future
development of incompatible uses.
B.2.1.3 (9) Protect environmentally significant and sensitive lands and features through the application
of a 'Conservation (C)' future land use class and use zone. Lands designated and zoned C include, but
are not limited to, sections of the coastline, wetlands, and a 15m buffer from wetlands, water bodies,
and watercourses. In order to avoid legal non-conforming uses and developments, the initial application
of this 15m buffer, C future land use class and use zone may be reduced in cases where existing
development is in place. Uses allowed in the C use zone shall include low impact uses such as, but not
limited to, passive parks (public and private), mobile/transient uses, and other select uses. Depending
on the nature, scale, and compatibility of other uses in the 'Conservation {C)' future land use class
Town of Kippens
Municipal Plan (2023-33)
Page 15 of 74
under proposal B.2.1.3 (2)(b), they may be listed as either permitted or discretionary uses in the C use
zone.
B.2.1.3 (10) Establish an 'Industrial (IND)' floating use zone for the potential rezoning of future lands for
industrial use development. As of the initial Gazette date of this Plan and Regulations, this use zone is
not applied to any lands within the Municipal Planning Area. Uses allowed in the IND use zone shall
include primarily industrial uses and other select uses. Depending on the nature, scale, and
compatibility of other uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2)(a),
they may be listed as either permitted or discretionary uses in the IND use zone. An amendment will still
be required if Council contemplates an industrial use zone in the future.
B.2.1.3 (11) In order to reduce overall dependence on private vehicle use and greenhouse gas
emissions, and to potentially facilitate alternative transportation options for residents of the Town,
explore rural transit opportunities through the development of a feasibility study.
B.2.1.3 (12) Develop an Active Transportation Plan, which would outline a future strategy for non-
motorized transportation in the Town.
B.2.1.3 (13) Further to proposal B.2.1.3 (11), explore the potential and feasibility of developing a multi-
use path adjacent to Kippens Road (Route #460). Since this main public street is provincially-owned and
-maintained, this initiative will entail liaising directly with the province in determining the potential for
developing active transportation facilities within the street reservation.
B.2.2 LEGAL NON-CONFORMING USES
Js.2.2.1 Overview
Section 108 of the Act allows the continuance of legal non-conforming uses and developments
throughout the MPA, despite the creation of prohibited uses in the future land use use classes in the
Plan and use zones in the Regulations. In general terms, legal non-conforming use rights are a form of
grandfathered rights applying to existing uses and developments, which were legal before the initial
Gazette date of the Plan and Regulations. There are, however, specific limitations associated with these
uses and developments. These limitations are outlined in detail under section 108 of the Act.
Although subsection 13(2)(f) of the Act requires provisions within the Plan that address legal non-
conforming uses and developments, the initial establishment of future land use classes and use zones
strives to ensure that all existing uses currently conform to the Plan and Regulations. In other words, all
efforts were made to appropriately designate and zone current uses on existing lots. As of the initial
Gazette date of the Plan and Regulations, Council has no intent to phase out any existing uses and
developments within the MPA.
~·
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 16 of 74
However, Council recognizes that modernized development standards are required for new
developments within the Town (e.g. establishing minimum yards and setbacks). Where developments
are removed (demolished or destroyed) and proposed to be replaced, said developments may have to
conform with all current development standards under the Regulations. Council acknowledges that
legal, non-conforming development rights have specific limitations; and as such, the respective
provisions under section 108 of the Act must be respected and adhered to when considering
development applications for the replacement of legal non-conforming uses and/or developments.
Section 108 of the Act provides for specific application types pertaining to non-conforming uses and
developments. For example, subsection 108{3)(d) of the Act gives the owner of a lot, with a legal non-
conforming use, the right to apply to Council to change said use to another use that is more compatible
with neighbouring properties, and the Plan and Regulations. In addition to the Act, the division of
powers and details of non-conforming use application types shall be outlined in the Regulations.
ls.2.2.2 Goal and Policies
· it is a goal of Council to respect the rights of property owners with legal non-conforming uses and/or :
i developments.
· It is a policy of Council to:
B.2.2.2 (1) When regulating legal nonconforming uses and/or developments, .filmly the provisions of
section 108 of the Act and allow non-conforming uses and/or developments to continue.
B.2.2.2 (2) As of the initial registration of the Plan and Regulations in the Gazette, avoid creating legal
non-conforming uses- of which said uses are regulated under section 108 of the Act- by applying the
appropriate future land use classes and use zones to existing lots with established uses and
developments.
B.2.2.2 (3) Outline specific provisions in the Regulations that address legal non-conforming uses and
non-conformance with respect to standards.
1B.2.2.3 Proposals
: It is a proposal of Council to:
B.2.2.3 (1) Further to policy B.2.2.2 (3), implement specific provisions in the Regulations that address a
non-conforming use application for:
(a) Changing a non-conforming use associated with a building, structure or development to a use
that is more compatible with the Plan and Regulations;
Town of Kippens
Municipal Plan {2023-33)
Page 17 of 74
(b) Internally or externally varying, extending or expanding an existing development with a non-
conforming use (an extension to an existing building with a non-conforming use shall not exceed
50% of the floor area of the building); and
(c) Other development as identified in section 108 of the Act.
B.2.2.3 (2) In accordance with subsection 108(2) of the Act and section 17 of the Minister's
Development Regulations, implement a specific provision in the Regulations that will allow the
resuming of a non-conforming use where discontinuance is no greater than 18 months.
8.2.3 FIRST NATIONS
JB.2.3.1 Overview
As highlighted in subsections 'B.1 History and Culture' and 'B.4.5 First Nations' in the Background
Report, residents of the Town have strong ties to First Nations, Mi'kmaq history and culture. Almost
half (43.5%) of the Town self identified as having aboriginal ancestry on the 2016 census. Approximately
one quarter (24.6%) of the Town self identified as a Registered or Treaty Indian. This high proportion of
registered residents is attributed to the recent formation of the Qalipu Mi'kmaq First Nation Band,
covering many traditional communities within western and central Newfoundland.
Jllustration 4: Bay St. George Mi'Kmaq Powwow (Photo by Jasen Benwah)
The Town is within the Port au Port Ward of the Qalipu Mi'kmaq First Nation Band. Representation for
Band members within the municipality is given through the Ward Councillor and the Western Region
Vice-Chief. The Ward Councillor was invited to participate and provide feedback into the development
Town of Kippens
Municipal Plan (2023-33)
Page 18 of 74
of this Plan. The summary of this feedback is under subsection 'B.6.3 Stakeholder Group Interviews and
Questionnaires' of the Background Report.
The main concern of the Port au Port Ward is to ensure that the Plan encourages and supports the fair
and equitable treatment of Band members that live in the Town; or live outside the Town and utilize
traditional lands within the MPA. The Plan and Regulations should not be prohibitive to members and
must allow for the continuance and strengthening of traditional activities such as hunting/trapping,
fishing, foraging and small scale agriculture. The Port au Port Ward also strongly encourages Council to
adopt policies and proposals within the Plan that support the future cultural and economic growth of
the Band and its members within the community.
Although zoning should be used to protect the unspoiled, natural lands within the Town, there should
be some degree of flexibility in land use whereby Band members are supported in furthering economic
development initiatives. It is also important that the Port au Port Ward Councillor be consulted on
development proposals that may impede or impact the future traditional use of lands by Band
members. These include, but are not limited to, new mining and mineral working uses, subdivision
developments, or industrial developments.
The Provincial Archaeology Office (PAO) has two (2) registered archaeological sites on record, both in
close proximity to one another along the coast within the eastern portion of the Town. These sites are
locally known to be of Mi'kmaq origin and are discussed further under subsection 'B.12 Archaeological
and Historical Sites.'
IB.2.3.2 Goal and Policies
, It is a goal of Council to help support and protect First Nations' history, culture, and traditional land ;
use activities
· It is a policy of Council to:
B.2.3.2 (1) Recognize and respect the traditional land use of First Nations individuals living within the
Town; or living outside the Town, but utilize traditional lands within the Municipal Planning Area.
B.2.3.2 (2) Assist the protection and strengthening of First Nations' history, culture, and traditional land
use by helping to facilitate connections and partnerships between First Nations groups and other
supportive groups, organizations, businesses, municipalities, departments or agencies of government.
~.
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 19 of 74
1B.2.3.3 Proposals
: It is a proposal of Council to:
B.2.3.3 (1) Further to policy B.2.3.2 (1), allow traditional land use activities-such as hunting/trapping,
foraging, and small scale agriculture-within the hinterland areas as implemented through the 'Rural
Development (RD)' and 'Rural Resource (RR)' use zones.
B.2.3.3 (2) Engage and consult First Nations groups, such as the Port au Port Ward of t he Qalipu
Mi'kmaq First Nation Band, when making discretionary decisions that may impact First Nations history,
culture, or traditional land use activities. These may include discretionary decisions to amend the Plan
or Regulations, or approve development applications.
B.2.3.3 (3) Support First Nations groups by helping advertise cultural activities, events, or ceremonies
via Town communication mediums.
B.2.3.3 (4) Support First Nations groups by hosting cultural activities, events, or ceremonies within
facilities or upon land owned by the Town.
B.2.3.3 (SJ Work with First Nations groups in exploring increased public access to the coastline to
promote and support traditional fishing activities.
B.2.3.3 (6) In accordance with policy B.2.12.2 (1) regarding the preservation and protection or
archaeological and historical sites, work with First Nations groups and the Provincial Archaeological
Office (PAO) to explore ways of enhancing and protecting existing First Nations sites; and to identify,
enhance and protect future sites.
B.2.4 PUBLIC STREETS AND THE SUBDIVISION OF LANDS
1B.2.4.1 Overview
Kippens Road (Route #460) is owned and maintained by the Province (see 'Illustration 5: Existing Street
Network'). This includes all snow clearing, servicing and improvements. The majority of streets are
owned and maintained by the Town. The bulk of residential subdivision development, and associated
municipal streets, is located north of Kippens Road accessed by four main collectors streets: Island Pond
Drive, Ocean View Drive, Gaudon's Lane, and Lakeview Drive. This area also contains the Town Office,
maintenance building, and Kippens Recreational Complex.
Town of Kippens
Municipal Plan (2023-33)
Page 20 of 74
r: -~ Municipal Boundary (MB)
Municipal Street
There are a series of private lanes within the municipality, which are not vested in the Town and are not
built t o any engineered standard. However, many of these private lanes have historical arrangements
with the Town to provide waste collection and snow clearing services (e.g. Patrick Lane and Josie's
Place). Other private lanes are historical back lot arrangements where typically family members have
constructed single unit dwellings behind existing single unit dwellings fronting onto Kippens Road; thus
not all private laneways have historical servicing arrangements with the Town.
Despite provincial or municipal ownership, Council promotes and supports safe streets that
accommodate active transportation, have low speed limits and clear sight lines at intersections and
driveway accesses. It is the intent of Council to liaise and work with the provincial Department of
Transportation and Infrastructure (OT/) to improve street safety along Kippens Road (Route #460)
including, but not limited to, developing traffic demand management strategies to manage peak
Average Daily Traffic (ADT) numbers; and referring development and amendment applications along
Kippens Road to DTI to help ensure safe access is achieved. It is also the intent of Council to implement
development standards in the Regulations that facilitate safe streets, such as the minimum setback of a
proposed driveway access to an intersection and the height restriction of vegetation and development
in daylighting triangles.
Town of Kippens
Municipal Plan (2023-33)
Page 21 of 74
Illustration 6: Kippens Road (Route #460), Intersection with Ocean View Drive
Council intends to improve street connectivity in certain neighbourhoods that are discontinuous
because of dead-end, cul-de-sac streets. Developing these connectors will improve overall public safety
(i.e. providing secondary emergency access) and will help facilitate active transportation modes and
overall community health and well-being. Connecting neighbourhoods will also allow for the
contiguous build out of planned neighbourhoods, thereby maximizing the development potential of
these lands.
Where Town resources are limited and except for designated 'future streets,' Council prefers not to
assume ownership and maintenance of additional municipal streets. As per policy B.2.1.2 (4) under
subsection 'B.2.1 Overall Development Strategy,' the infilling of vacant land, currently serviced by public
water and fronting onto existing public streets, is prioritized over the development of new public streets
and infrastructure. Financial resources permitting, it is the intent of Council to allocate any street
infrastructure funds to the improvement of existing municipal streets.
Where subdivision development is driven by a private developer, the cost of developing new streets,
and associated utility and public service infrastructure, shall be borne by the applicant. Prior to issuing a
development permit for a subdivision development, Council may require that the developer enter into a
legally binding development agreement to help ensure that the subdivision proposal is developed in
accordance with the submitted plans. The agreement may also include the requirement of upfront,
financial guarantees (deposits) and future service levies prior to issuing a development permit and work
being carried out. Council may also attach conditions to a development permit for a subdivision
~-.
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 22 of 74
development, which shall, in such case, reference the development agreement for enforcement
purposes.
A development permit application for subdivision development must encompass core elements
including, but not limited to, provisions for potable water and sewerage disposal, public utilities, lot
streetage, land for public open space, development phasing, on-site drainage, active transportation
connections, and future municipal streets and connections thereto. These requirements are outlined in
more detail under 'Section D: Subdivision' of the Regulations. As per the terms and conditions of a
development agreement, Council need not assume ownership, maintenance and upkeep of any new
streets constructed by a developer until all standards within the Regulations, and conditions of the
development permit and development agreement are met.
The development of new, dead-end cul-de-sac or p-loop streets is discouraged within the MPA. Dead-
end streets are often limited to one emergency access and do not facilitate connectivity within t he
Town. However, where the long-term phasing of a subdivision development is proposed, Council shall
require the development of a temporary cul-de-sac to ensure that the street segment (phase) can be
safely and efficiently maintained until such time that the respective subdivision street can be extended.
As a condition of a development permit, a temporary emergency vehicle access may also be required
where the long-term phasing of a subdivision development is proposed.
It is the intent of Council to promote an orderly lot development pattern within the Town. This includes
meeting minimum [lot] frontage, lot streetage, and lot depth requirements, as per subsection 'D.7 Lot
Creation Standards' of the Regulations. However, Council recognizes that this may not be possible for
the subdivision and development of existing infilling lots due to the irregular, historical subdivision of
lands within the Town. Although the creation and development of back lots is discouraged by Council,
this form of development may be considered by Council on a case-by-case basis similar to a
discretionary use, thereby requiring public notice in accordance with the Regulations. In order to help
ensure safe access for safety emergency services and to minimize the impact on adjacent lots, Council
shall implement specific standards for the creation of back lots.
Any proposal for an unserviced subdivision development must be forwarded to the provincial Water
Resources Management Division for review. For example, a proposed subdivision of more than four (4)
new lots will require a Level I Groundwater Supply Assessment, and a proposed subdivision of more
than 15 new lots will require a Level II Groundwater Supply Assessment, as per the provincial
'Groundwater Supply Assessment and Reporting Guidelines For Subdivisions Serviced by Individual
Private Wells.' These requirements are to help ensure that the groundwater supply will be of sufficient
quality and quantity for the homeowners of the subdivision development for both the short- and long-
term.
~
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 23 of 74
IB.2.4.2 Goal and Policies
· it is a goal of Council to prioritize the maintenance and upkeep of existing municipal streets over the ·
. development of new streets, whilst facilitating the regular and orderly subdivision of lands within the ,
Municipal Planning Area.
, It is a policy of Council to:
B.2.4.2 (1) Financial resources permitting, allocate any street infrastructure funds to the improvement
of existing municipal streets over the development of new streets.
B.2.4.2 (2) Support safe streets that accommodate active transportation and have low speed limits, and
clear sight lines at intersections and driveway accesses.
B.2.4.2 (3) Liaise and work with the provincial Department of Transportation and Infrastructure (OT/) to
improve street safety along Kippens Road (Route #460) including, but not limited to, developing traffic
demand management strategies to manage peak Average Daily Traffic (ADT) numbers; and referring
development and amendment applications along Kippens Road to DTI to help ensure safe access is
achieved.
B.2.4.2 (4) Where subdivision development is driven by a private developer, require the cost of
developing new streets, and associated utility and public service infrastructure, to be borne by the
applicant.
8.2.4.2 (5) Further to policy B.2.4.2 (4) and prior to issuing a development permit for a subdivision
development, consider the requirement of a development agreement, which may include provisions for
upfront financial guarantees (deposits) or service levies.
B.2.4.2 (6) Further to policy B.2.4.2 (5), reference a development agreement for subdivision
development as a condition of an associated development permit, which will allow Council to enforce
provisions within the agreement where necessary.
B.2.4.2 (7) Further to policy B.2.4.2 (5) and where detailed under the terms of a development
agreement, refrain from assuming ownership, maintenance and upkeep of any new streets constructed
by a developer until all standards within the Regulations, and conditions of the development permit and
development agreement are met.
B.2.4.2 (8) Discourage the development of new, dead-end cul-de-sac or p-loop streets within the
Municipal Planning Area.
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 24 of 74
8.2.4.2 (9) Despite policy B.2.4.2 (8) and where the long-term phasing of a subdivision development is
proposed, require the development of a temporary cul-de-sac to ensure that the street segment
(phase) can be safely and efficiently used and maintained until such time that the respective subdivision
street can be extended. As a condition of a development permit, a temporary emergency vehicle access
may also be required where the long-term phasing of subdivision development is proposed.
B.2.4.2 {10) Discourage the creation of back lots for development purposes.
B.2.4.2 (11) Despite policy B.2.4.2 (10), consider the creation of back lots for development purposes on
a case-by-case basis, similar to a discretionary use thereby requiring public notice in accordance with
the Regulations.
B.2.4.2 (12) Forward any proposal for an unserviced subdivision development to the provincial Water
Resources Management Division for review. For example, a proposed subdivision of more than four (4)
new lots will require a Level I Groundwater Supply Assessment, and a proposed subdivision of more
than 15 new lots will require a Level II Groundwater Supply Assessment, as per the provincial
'Groundwater Supply Assessment and Reporting Guidelines For Subdivisions Serviced by Individual
Private Wells.'
B.2.4.2 {13) Facilitate and improve street connectivity in specific neighbourhoods that are discontinuous
by designating 'future street,' street reservations. The purpose of implementing these connections is to
improve overall public safety (i.e. providing secondary emergency access) and help facilitate active
transportation modes and overall community health and well-being. Connecting neighbourhoods will
also allow for the contiguous build out of planned neighbourhoods, thereby maximizing the
development potential of these lands.
1B.2.4.3 Proposals
1 It is a proposal of Council to:
'
. .. .... ..
. .....
·--···
B.2.4.3 (1) Facilitate the regular and orderly subdivision of lands within the Municipal Planning Area
through the implementation of 'Section D: Subdivision' standards of the Regulations.
B.2.4.3 (2) Implement development standards in the Regulations that facilitate street safety, such as the
minimum setback of a proposed driveway access to an intersection and the height restriction of
vegetation and development in the daylighting triangle.
B.2.4.3 (3) Further to policy B.2.4.2 (11), implement back lot creation standards in the Regulations,
which will-in the event that Council approves such subdivision developments-help ensure safe access
for safety emergency services and minimize the impact of the development on adjacent lots.
~~
SCP
---
Town of Kip pens
Municipal Plan (2023-33)
Page 25 of 74
B.2.4.3 (4) Further t o policy B.2.4.2 (13) and in order to protect designated 'future street,' street
reservations, refuse any req uest for t he development of a building wit hin a street reservation of a
designat ed 'future street.' This development prohibition is null and void where the street is
subsequently constructed but is misaligned with the 'future street', street reservation. 'Future streets'
are outlined on both 'Schedule A: Future Land Use Classes Map' of t his Plan and 'Schedule A: Land Use
Zones Map' of t he Regulations. Designated 'future streets' have street reservation widths as per the
table below.
Future Land Use Classes Map I Connecting Street(s) or
Type of Street
Street Reservation Width
2
Zoning Map
Extension
Future Street Reference
(a)
Lakview Drive and
Local Street
15m
Gaudon's Lane
(b)
Gaudon's Lane
Local Street
15m
Extension
Cedar Drive and
(c)
Gaudon's Lane
Local Street
15m
Extension
Pine Avenue and
(d)
Gaudon's Lane
Local Street
15m
Extension
(e)
Oak Drive Extension
Local Street
15m
Unnamed Future
(f)
Street and Oak Drive
Local Street
15m
Extension
(g)
Brake's Lane and
Local Street
15m
Orchard Lane
(h)
Marine Drive and
Local Street
15m
McCarthy's Lane
2
E.g. a 15m wide street reservation is applied as a 7.Sm buffer from the centre line of the designated 'future street' on
the Future Land Use Classes Map or Zoning Map.
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 26 of 74
B.2.4.3 (S) Further to policy B.2.4.2 (13) and through regular housekeeping updates, amend the Plan
and Regulations to remove 'future street' alignments from 'Schedule A: Future Land Uses Classes Map'
and 'Schedule A: Land Use Zones Map' respectively following the construction of these streets.
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 27 of 74
8.2.5 PUBLIC AND SAFETY EMERGENCY SERVICES
ls.2.s.1 Overview
The Town is currently serviced by public water, solid waste and recycling pick-up. Safety emergency
services include Emergency Fire Services (EFS), Emergency Medical Services (EMS, ambulance
dispatch), and policing services. As outlined in proposal 8.2.1.2 (5), it is the intent of Council to promote
a compact and efficient development pattern within the eastern portion of the Municipal Planning Area
(areas accessed by Lakeview Drive and east thereof). In the long-term, this will help reduce overall costs
associated with public and safety emergency services.
Public Waterand Sewerage Services
The Town is semi-serviced with all public streets in the MPA having public water services. The municipal
water supply is fed by four (4) drilled wellheads located in the northeastern area of the Kippens MPA.
Although in close proximity to one another, one (1) wellhead is located within the Kippens MPA, two (2)
wellheads are located within the Stephenville boundary, and one (1) wellhead straddles both
boundaries (see 'Illustration 7: Kippens Wellhead Public Protected Water Supply Area (PWSA)'). All four
(4) wellheads are provincially designated and protected through the Notice of Wellhead Protected
Water Supply Area of Town of Kippens, NLR 45/00. As shown in Illustration 7, each wellhead has a series
of zones making up the PWSA. The Water Resources Management Division of MAE regulates the
specific activities permitted in each zone. Zone 1 is located immediately adjacent to the wellhead and is
the most sensitive t o potential sources of contamination (45m radial buffer from each wellhead). Zones
2 and 3 radiate outward from Zone 1 and allow a wider array of land use activities. The zones of the
public PWSA were originally developed by flow calculations, pumping rates, and mathematical
modelling taking into consideration the properties of the aquifer providing water to each wellhead.
~\
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 28 of 74
Legend
r--
- _ -- Kippens MPA
D Stephenville MPA
-
PWSAZonel
D
PWSAZone2
D PWSAZone3
Council does not intend on extending public water services into the hinterland areas (i.e. areas zoned
'Rural Development (RD)' and 'Rural Resource (RR)' under the Regulations). However, the expansion of
public water services into these areas may be considered on a case-by-case basis at the discretion of
Council (e.g. where triggered by a specific development application and associated costs to be borne by
the developer).
As outlined in proposal B.2.1.3 (3) under subsection 'B.2.1 Overall Development Strategy,' all uses
within the utility use group may be created throughout the MPA. This includes municipal utility
infrastructure to accommodate public water services. Council is aware that certain development
restrictions are in place within the public PWSA under the provincial Water Resources Act and
associat ed regulations. Despite the permitted and discretionary uses within underlying use zone(s}, the
provincial Water Resources Management Division may prohibit certain uses in the PWSA. It therefore
the intent of Council to refer any proposed development within the PWSA to the Water Resources
Management Division for review and the requirement/issuance of any applicable provincial permits.
The Town is not currently serviced with public sewerage. Individual properties have on-site septic for
sewerage disposal. The Town previously commissioned multiple studies to explore options for
~-
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 29 of 74
implementing public sewerage. The latest studies, both prepared by ABYDOZ Engineered Wetlands,
include the 2011 'Feasibility Study' and 2012 'Regional Sludge Treatment Study.' The former outlined
various options and associated costs to Council including: (A) Centralized System in Kippens, (B) De-
centralized System, and (C) Stephenville Expansion. Option (C) was recommended by the consultants.
This work, however, did not proceed as per Council direction at that time. Cou ncil may explore revisiting
the provision of public sewerage in the Town.
Solid Waste and Recycling Pick-up
The Town contracts out its regular solid waste (i.e. garbage) pick-up service to a private contractor. The
awarding of this contract was part of a regional tender, which included the Town of Stephenville and
four other neighbouring communities. The Town operates a small grubbing, compost drop-off site
located roughly 500m on the west side of the old Dump Road. Residents of the Town can dispose of
compostables here, such as yard waste. The Town also has a program to sell on-site composters to
residents at a reduced, subsidized rate. It is the intent of Council to explore the potential of
implementing a compostable pick-up program through the development of a feasibility study.
A curbside, recycling pick-up program was implemented through the provincially-mandated Western
Regional Service Board (Western Regional Waste Management (WRWM)) on July 16, 2018. The
mandatory program includes a two-tier sorting program (i.e. clear bags for garbage and blue bags for
recyclables).
It is the intent of Council to continue to contract feasible and efficient solid waste services. The Town
will further explore cost-effective ways of improving solid waste and recycling services whilst reducing
t he overall impact on the environment. This will entail liaising and working with WRWM in keeping up-
to-date with modern technologies and developing increasingly efficient approaches to the delivery of
solid waste and recycling pick-up services in the Town. Council also values the importance of reducing
waste at source in order to minimize the cost and resource burden on municipal pick-up services.
Council recognizes that it has an advocacy role to play in encouraging and facilitating the on-site re-use
and composting of solid waste.
Safety Emergency Services
Town has its own volunteer Fire Department to provide Emergency Fire Service (EFS). The Department
also acts as a backup service to adjacent municipalities such as t he Town of Stephenville and Port au
Port regional fire service. In turn, these neighbouring EFS departments provide backup services to the
Town. The Fire Department is housed in t he Town Office building on Juniper Avenue (see 'Illustration 8:
Town Office/ Fire Hall'). Main equipment includes a fire truck and a cube van (rescue vehicle). The
Department is volunteer-based and is made up of the Chief, Deputy Chief, and approximately 20 other
members from the Town and neighbouring communities. The service is funded through the Town's tax
base. Members are given a stipend to volunteer for the service.
~~
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 30 of 74
Illustration 8: Town Office I Fire Hall
The nearest Emergency Medical Service (EMS, ambulance dispatch) facility is operated by Russell's
Ambulance Services, 57 Prince Rupert Drive in Stephenville. The facility is located approximately 2km
from the Town's eastern boundary (Gaudon's Brook).
Policing services are provided by the Royal Canadian Mounted Police (RCMP). The nearest detachment
is located at 40 Oregon Drive in Stephenville. The office is located approximately 4km from the Town's
eastern boundary (Gaudon's Brook).
Council recognizes that it has a key role to play in the event of a community-wide emergency. Council
members and Town staff will likely have to work with non-profit groups, local businesses; and inter-
municipal, provincial, federal and RCMP representatives in helping to facilitate emergency response
measures following an event. This may include, but is not limited to, assisting with public works
equipment, communications, and/or the relocation of residents. It is therefore the intent of Council to
work with stakeholders in supporting the prompt and efficient implementation of emergency response
measures in the community. Resources pending, it is also the intent of Council to develop an
Emergency Measures Plan to help prepare the Town for specific types of community-wide emergencies.
Town of Kippens
Municipal Plan (2023-33}
Page 31 of 74
ls.2.s.2 Goal and Policies
- it is a goal of Council to facilitate the safe, efficient, and affordable delivery of public and emergency 1
. services throughout the Municipal Planning Area .
-....
········ .....
········-····
..............
··········-········ ······· .. , , .. ····---·······--· .. ··--·· .. ·-·-- ············ ····· ...... _ .. , ..........
....... .
, It is a policy of Council to:
B.2.5.2 (1) Limit the expansion of public water services into hinterland areas (specifically areas zoned
'Rural Development (RD)' and 'Rural Resource (RR)' under the Regulations).
B.2.5.2 (2) Despite policy B.2.5.2 (1), consider the expansion of public water services into hinterland
areas on a case-by-case basis for specific developments in which the developer may be required to
cover the costs associated with t he expansion.
B.2.5.2 (3) Refer any proposed development within the wellhead Public Water Supply Area (PWSA) to
the provincial Water Resources Management Division for review and requirement/issuance of any
applicable provincial permits.
B.2.5.2 (4) Continue to contract feasible and efficient solid waste services.
B.2.5.2 (S) Further explore cost-effective ways of improving solid waste and recycling services within the
Municipal Planning Area, whilst reducing the overall impact on the environment.
B.2.5.2 (6) Liaise and work with Western Regional Waste Management to remain up-to-date with
modern technologies, and to develop increasingly efficient approaches to the delivery of solid waste
and recycling pick-up services in the Town.
B.2.5.2 (7) In order to reduce the cost and resource burden on municipal pick-up services, adopt an
advocacy role in encouraging and facilitating the on-site re-use and composting of solid waste within
the Municipal Planning Area.
B.2.5.2 (8) Work with non-profit groups, local businesses; and inter-municipal, provincial, federal and
RCMP representatives in helping facilitate and support the prompt and efficient implementation of
emergency response measures in the community.
B.2.5.2 (9) Further explore a cost-effective and environmentally sustainable method of implementing
public sewerage within the Town.
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 32 of 74
1B.2.5.3 Proposals
It is a proposal of Council to:
B.2.5.3 [1) Further to policy B.2.5.2 (8), support and liaise with schools and environmental advocacy
groups in helping to promote on-site waste reduction and composting. This may include, but is not
limited to, using the Town's communication mediums for promoting sustainable waste management
practices.
B.2.5.3 (2) Develop and implement an Emergency Measures Plan to help support, facilitate and
coordinate safety emergency services in the event of a community-wide emergency.
B.2.5.3 (3) Explore the potential of implementing a compostable pick-up program through the
development of a feasibility study.
B.2.6 PUBLIC UTILITIES
jB.2.6.1 Overview
The provision of public utilities is essential to the day-to-day operations of the Town. Public utilities
include uses in conjunction with providing energy and electricity; municipal water; cable, telephone,
and telecommunication services. Public utility uses are for public consumption or benefit. As outlined in
proposal B.2.1.3 (3) under subsection 'B.2.1 Overall Development Strategy,' all uses within the utility
use group may be created throughout the Town.
Some utility uses, such as transformer stations and high voltage transmission lines, can have a major
impact on adjacent neighbours. Careful planning of the location of transmission lines and transformer
stations is needed to minimize the impacts of such public utilities. The Town will seek the cooperation of
utility companies and crown corporations when developing such infrastructure.
A main transmission line runs east-west through the centre of the MPA (see 'Illustration 9: Public Utility
Use, Main Transmission Line North of the Developed Portion of the Town'). This also serves as the
dividing line between the northern 'Rural Resource (RR)' and southern 'Development (D)' future land
use classes. It is the intent of Council to restrict any development within the easement of this main
transmission line. Any proposed development within proximity of this main transmission line shall be
forwarded to NL Power for review to ensure the protection of this easement.
The federal Minister of Innovation, Science and Economic Development (ISED, formerly Industry
Canada) retains the authority to regulate radiocommunications in Canada (e.g. telecommunications
towers and antennas). Council does not have the authority to unilaterally refuse the erection of new
towers or the extension of existing antennas. The service provider (e.g. Bell, Rogers, Eastlink) must,
however, consult the Town and the public in cases where antennas are not excluded from the federally-
~
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 33 of 74
mandated public consultation process. Where the Town does not have an antenna systems siting
protocol in place, the service provider must adhere to the minimum public consultation requirements
out lined under 'Section 4. Land-use Authority and Public Consultation' of ISED's 'CPC-2-0-03 -
Radiocommunication and Broadcasting Antenna Systems.' Depending on the height and nat ure of the
antenna proposal, the service provider may have to send notices to neighbours adjacent to t he
proposed site and publish a notice in the local newspaper.
11/ustratian 9: Public Utility Use, Main Transmission Line North of the Developed Area of the Town
For all non-excluded proposals, the service provider must seek the issuance of a Land Use Authority
(LUA) Concurrence from the Town. Although this does not constitute a development permit, the LUA
Concurrence functions as a formal response on behalf of the Town indicating Council's support of the
proposal. Where Council does not support t he proposal and refuses to issue an LUA Concurrence, ISED
will render the final decision to allow or refuse the respective radiocommunications proposal. The LUA
Concurrence process gives the Town an opportunity to provide input and voice concerns over any
proposal that Council feels is not in the best interest of the community or is not compatible with the
immediate neighbourhood of the proposed site.
Due to rising electricity costs, residents will increasingly be exploring alternative energy options.
Council is also supportive of private utility uses, such as rooftop solar panels and private wind energy
systems. These sustainable energy options will help mitigate overall greenhouse gas effects and global
warming. However, private wind turbines have the potential to create negative land use impacts on
adjacent neighbours due to aesthetic, vibration and noise effects created by these developments.
Private wind energy systems thus require specific development provisions and may be considered as a
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 34 of 74
discretionary use, on a case-by-case basis, where the proposed development is adjacent to existing or
future residential uses.
JB.2.6.2 Goal and Policies
........
........
........
. ..
- It is a goal of Council to promote the safe and efficient provIsIon of public and private utilities .
throughout the Municipal Planning Area, whilst avoiding or mitigating any potential negative impacts
associated from such developments.
It is a policy of Council to:
B.2.6.2 ll) Work collaboratively with public utility companies in helping to ensure that proposed
infrastructure and developments do not jeopardize the future subdivision of lands and do not negatively
impact critical view planes or the established character of neighbourhoods.
B.2.6.2 (2) Encourage the installation of private, sustainable energy sources such as, but not limited to,
rooftop solar panels and private wind energy systems.
B.2.6.2 (3) Refer any development application within or in proximity to a public utility easement to the
respective public utility company to ensure the protection of said easement.
JB.2.6.3 Proposals
- It is a proposal of Council to:
B.2.6.3 (1) As per proposal B.2.1.3 (3), allow the creation of public utilities uses throughout the
Municipal Planning Area.
B.2.6.3 (2) Develop an Anten na Systems Siting Protocol, which will give direction on issuing Land Use
Authority Concurrences and facilitating public consultation for radiocommunication towers and
antennas that are not excluded under the federal Department of Innovation, Science and Economic
Development's 'CPC-2-0-03 -
Radiocommunication and Broadcasting Antenna Systems.'
B.2.6.3 (3) Allow private wind energy systems throughout the Municipal Planning Area as either a
permitted or discretionary use in each use zone. Private wind energy system shall be a permitted use in
low-density, hinterland areas and as a discretionary use in existing built-up areas.
B.2.6.3 (4) Avoid and mitigate any potential negative land use impacts on adjacent properties created
by the development of private wind turbines through the implementation of specific development
provisions for private wind energy systems (see subsection 'C.5 Private Wind Energy System' of the
Regulations). ~-
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 35 of 74
B.2.6.3 (5) Restrict any development within the easement of the main transmission line. Any proposed
development within proximity of this main transmission line shall be forwarded to Newfoundland Power
for review to ensure the protection of this easement.
B.2.7 HINTERLAND AREAS
1B.2.7.1 Overview
The Town is rich in undeveloped hinterland areas. The MPA has a total area of approximately 18km2 and
extends roughly 5.5km east-west along Kippens Road (Route #460) and 6km northward inland (see
'Illustration 2: Town Municipal Planning Area (MPA) and Municipal Boundary (MB)'). The undeveloped
hinterland areas are mainly located west of the Ocean View Drive area and north of Kippens Road
(Route #460); and all lands north of the HVDC transmission line (including all lands outside of the MB,
but within the MPA). Most property south of the transmission line is privately owned whereas the
majority of property north of the transmission line is provincially-owned Crown lands falling under the
legal authority of the Lands Act. However, where the province does not have a mandatory land
registration system, it is difficult to ascertain an accurate account of public (Crown lands) and private
freehold lands within the MPA. As with private lands, the development of Crown lands is subject to the
provisions of the Plan and Regulations.
Illustration 10: Undeveloped Hinterland Area
The disposal of any Crown lands within the Town is subject to the provincial referral process. The Town,
provincial departments and agencies are notified of potential change in tenure of Crown lands within
the MPA. It is the intent of Council to assess Crown land applications on a case-by-case basis and where
Town of Kippens
Municipal Plan (2023-33)
Page 36 of 74
applicable seek the advice of a professional planner prior to indicating support of the application to the
Crown Lands Division. No approval in principle or development permit shall be issued for a proposed
development on provincial Crown land prior t o receiving confirmation that tenure has been secured by
the applicant.
With the exception of a campground (Zenzville), utility uses, few agricultural uses (e.g. Alexander
Christmas Tree Farm), wellhead public PWSAs, access lanes and trails, the hinterland areas of t he Town
are largely vacant, undeveloped and in their natural state. However, these areas are regularly used by
residents for recreational purposes (e.g. ATV use, swimming, hiking and mountain biking), hunting and
trapping. These activities are central to the culture and way of life of residents and should remain
permitted throughout the hinterland areas.
The portion of the MPA north of the HVDC transmission line is in a provincially designat ed, domestic
cutting area; however, there is no commercial forestry potential for these lands.
Natural renewable and non-renewable resources in the hinterland areas should be developed in a
responsible manner, which protects natural habitats and minimizes potential deterioration of the
environment. The protection of the natural environment in the Town is also critical to the economic
viability of potential hunting/trapping, fishing, and eco-tourism enterprises in the area.
As outlined in proposal B.2.1.3 (6) under subsection 'B.2.1 Overall Development Pattern,' it is the intent
of Council to allow development in the hinterland areas throughout the MPA through the application of
'Rural Development (RD)' and 'Rural Resource (RR)' use zones. Both the RD and RR use zones shall
include select agricultural uses, resources uses, and other compatible uses of a rural nature; but
residential uses shall be prohibited in these use zones unless specified as accessory to a non-residential
main use (e.g. farm house as an accessory use to a main agricultural use in the RD use zone). Uses
allowed in the RD and RR use zones generally require an expanse of land and separation from urban
uses.
IB.2.7.2 Goal and Policies
· it is a goal of Council to promote and protect traditional land use and activities within the hinterland
, areas, whilst allowing a wide range of other uses that generally require an expanse of land and ,
' separation from urban uses.
i It is a policy of Council to:
B.2.7.2 (1) Assess referral requests for Crown Lands on a case-by-case basis and where applicable seek
the advice of a professional planner prior to indicating support of the application to the Crown Lands
Division.
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 37 of 74
B.2.7.2 (2) Facilitate the responsible development of natural resources, which protects natural habitats
and minimizes deterioration of the environment.
B.2.7.2 (3) Regulate development in a way that is compliant with the Lands Act, including but not
limited to provisions related to the 17 survey control markers in the MPA. Any proposed development
within the vicinity of a survey control marker shall be referred to the GIS and Mapping Division of the
Department of Fisheries, Forestry and Agriculture.
!s.2.7.3 Proposals
' It is a proposal of Council to:
B.2.7.3 (1) As per proposal B.2.1.3 (6), allow development in the hinterland areas throughout the
Municipal Planning Area through the application of 'Rural Development (RD)' and 'Rural Resource (RR)'
use zones. Both the RD and RR use zones shall include select agricultural uses, resources uses, and other
compatible uses of a rural nature; but residential uses shall be prohibited in these use zones unless
specified as accessory to a non-residential main use (e.g. farm house as an accessory use to a main
agricultural use in the RD use zone). Uses allowed in the RD and RR use zones generally require an
expanse of land and separation from urban uses. Depending on the nature, scale, and compatibility of
other uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2) (a) or the 'Rural
Resource (RR)' future land use class under proposal B.2.1.3 (2)(c), they may be listed as either
permitted or discretionary uses in the RD or RR use zones respectively.
B.2.7.3 (2) As per proposal B.2.3.3 (1), allow traditional land use activities-such as hunting/trapping,
foraging, and small scale agriculture-within the hinterland areas as implemented through the 'Rural
Development (RD)' and 'Rural Resource (RR)' use zones.
B.2.7.3 (3) As per proposal B.2.1.3 (2), allow domestic woodcutting in most use zones throughout the
Municipal Planning Area. This includes, but is not limited to, the area north of the transmission line
(area designated and zoned 'Rural Resource (RR)').
8.2.8 RESIDENTIAL USES
!s.2.8.1 Overview
The Town is mainly rural residential in character. The primary housing type is the single unit dwelling
(see 'Illustration 11: Single Unit Dwellings along Fir Lane' ). Where many dwellings were developed prior
to the installation of public water services, preexisting lots tend to be large to accommodate on-site
well and septic (e.g. 1860m2 / 0.46 acres). This has yielded a low density lot fabric and development
pattern throughout most of the Town, despite that new lots can now be made smaller due to public
water services (e.g. 1400m2 / 0.35 acres). There are few other forms of housing in the Town, including,
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 38 of 74
for example, a personal care home - institutional (Silverwood Manor) and multiple unit dwellings in the
form of side-by-side town houses (west of and adjacent to Orchard Lane).
The transition of the area from mainly rural in character-with residents by and large having a
subsistence lifestyle, relying on fishing and agricultural uses to make a living-to rural residential is not
surprising given the history of the area. The development of the US Ernest Harmon Air Force Base in
Stephenville in the 1940s caused the population of the community to increase dramatically as
employment opportunities became available, both with construction of the base and the associated
service industry. This created a need for increased housing in which the undeveloped, greenfield lands
of Kippens were ripe for expansion and development.
Illustration 11: Single Unit Dwellings along Fir Lane
The most densely developed area of the Town is located east of the Oceanview Drive area. The bulk of
residential subdivision development is accessed from four (4) main collectors: Lakeview Drive, Gaudon's
Lane, Ocean View Drive, and Island Pond Drive. New residential subdivision development, occurring
over the past 20 years, is mainly located west of Lakeview Drive (e.g. Fir Lane and Crimson Avenue),
Oake Drive, McCarthy's Lane, and Orchard Lane; all of which are situated north of Kippens Road.
An analysis of demographic data and existing land use indicates that there is a need for a variety of
housing types in the Town to meet the existing and future needs of a range of age groups, household
structures, socioeconomic statuses, and persons with disabilities. If the current trend continues, single
unit dwellings will be the main form of residential development within the Town. However, as the
population ages, there may be an increased need for alternative housing forms that can be more
~
SCP
Town of Kippens
Municipal Plan (2023-33}
Page 39 of 74
economically viable and sustainable. These include, but are not limited to, personal care homes, double
unit dwellings, row houses, multi-unit dwellings, and other housing developments that facilitate cost
sharing between residents (e.g. sharing on-site snow clearing, maintenance equipment, hobby
gardens). More affordable housing types, such a mini home dwellings and micro home dwellings, may
also become increasingly popular for builders as the cost of construction rises. It is the intent of Council
to promote and facilitate a wide variety of housing forms where residential uses are allowed under the
Regulations.
In order to further promote diversity in housing options, Council should, where able, work with
provincial and federal housing agencies to facilitate the development of affordable housing projects to
meet the broad needs of existing and future residents of the Town.
Future residential developments should also be directed in a way that avoids potential land use conflict
with existing and future incompatible uses. This is achieved through zoning and associated Regulations.
Future development should also be compatible with the established character of neighbourhoods in the
Town.
IB.2.8.2 Goal and Policies
. It is a goal of Council to facilitate a broad range of compatible housing types, forms, and densities
: throughout the Municipal Planning Area to accommodate a wide range of age groups, family types,
. persons with disabilities, and socioeconomic statuses.
.......
. ......
· 1t is a policy of Council to:
B.2.8.2 (1) As per policy B.2.1.2 (6), encourage new residential uses to locate within the eastern portion
of the Town.
B.2.8.2 (2) Promote and facilitate a range of housing forms and options to meet the broad needs of
existing and future residents of the Town.
B.2.8.2 {3) Direct future residential development away from existing and future incompatible land uses.
B.2.8.2 (4) Facilitate residential development that is compatible with the established character of
neighbourhoods.
B.2.8.2 (5) Work collaboratively with provincial and federal housing agencies to facilitate the
development of affordable housing projects within the Town.
~\
SCP
-c--.,~
.
Town of Kippens
Municipal Plan (2023-33)
Page 40 of 74
ls.2.8.3 Proposals
B.2.8.3 (1) As per proposal B.2.1.3 (5), allow residential uses along Kippens Road (Route #460) through
the implementation of a 'Community Development (CD)' use zone. Residential uses with ~40Us shall be
listed as permitted uses, whereas higher density uses ("2'.SDUs) shall be listed as discretionary uses.
B.2.8.3 (2) As per proposal B.2.1.3 (7), illilllY the 'Residential (RES)' use zone to existing residential
neighbourhoods and areas planned for residential expansion during the lifespan of this Plan. Generally
speaking, the RES use zone shall be initially applied to lands south of Kippens Road (Route #460) and
north of Kippens Road where east of the Oceanview Drive area. Despite this, the RES use zone is not
limited to these areas and may be applied to other specific areas within the Town that are planned for
residential expansion. Uses allowed in the RES use zone shall include mainly residential uses and other
select uses that are of low land use impact and may be compatible with surrounding residential uses
( e.g. place of worship, governmental use, personal care home - institutional).
B.2.8.3 (3) As per proposal B.2.1.3 (6), prohibit residential uses in the hinterland areas of the Town
through the application of 'Rural Development (RD)' and 'Rural Resource (RR)' use zones. Residential
uses shall be prohibited in these use zones unless specified as accessory to a non-residential main use
(e.g. farm house as an accessory use to a main agricultural use in the RD use zone). As per proposal
B.2.1.3 (8), the expansion of residential uses into the 'Rural Development (RD)' designation may be
considered by Council on a case-by-case basis through the Regulations amendment application process
(i.e. rezoning process).
8.2.9 ECONOMIC DEVELOPMENT, COMMERCIAL AND INDUSTRIAL USES
ls.2.9.1 Overview
The primary employers and businesses within the Town include the municipality, Needs Convenience
(retail store, see 'Illustration 12: Needs Convenience' ), Lucy's Bar and Lounge, Zenzville Campground,
Alexander Simms Sports (retail store), Butcher Girls (butchery), Foot Stop (show repair and retail store),
and Silverwood Manor (personal care home - institutional). There are also smaller, home businesses
throughout the Town. Tourism is also an important aspect of the Town's economy. Council continues to
pursue partnerships with regional economic development entities to promote the Town as a tourist
destination.
There are currently no industrial use developments operating within the Town. This is not surprising,
given that most industrial uses require large, fully serviced lots with public water and sanitary. Given
that there is currently no land set aside for industrial use development within the Town-and that
neighbouring Stephenville contains numerous brownfield redevelopment opportunities on serviced
lands- it is reasonable to assume that there will be limited to no demand for this form of development
in the Town within the lifespan of this Plan. However, the Plan and Regulations should be flexible to
potentially accommodate an industrial use development if one is proposed in an appropriate location;
*
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 41 of 74
and if the development is of an appropriate use and scale as to minimize adverse land use impacts and
be compatible with neighbouring land uses. As per proposal B.2.1.3 (10), this Plan proposes to establish
an 'Industrial (IND)' floating use zone for the potential rezoning of future lands for industrial use
development. As of the initial Gazette date of this Plan and Regulations, this use zone is not applied to
any lands within the Municipal Planning Area. As per proposal B.2.1.3 (2)(a), the IND use zone is seated
under t he broader 'Development (D)' future land use.
Illustration 12: Needs Convenience
As illustrated in the origin-destination data of the Town outlined in section 'B.4.3 Transportation and
Commuting' of the Background Report, many residents are employed in Stephenville or further afield.
These outside employers are also critical economic drivers for the Town. Changes in economic activity
and employment opportunities within Stephenville and neighbouring communities thus have an effect
on the Town and its residents. Some businesses within the Town are members of the Bay St. George
Chamber of Commerce. The mandate of the Chamber is to help promote and support commercial and
business development within the Town (as a part of the Bay St. George Region).
As outlined in subsection 'B.6.1 Survey' of the Background Report, residents have an overall concern
with business and economic development in the area, and its impact on retaining and drawing young
people. Many residents feel that the Town should leverage and capitalize on its natural assets to spur
economic development. This includes promoting eco-tourism, canoeing, kayaking, hiking and nature
watching businesses; and camping, guiding, outfitting, fishing and hunting businesses. Home businesses
and home industries are also viewed as important sources of income for residents (e.g. small engine
repair, hair salons, convenience stores). In this light, the protection and sustainable use of natural
resources should go hand-in-hand with promoting economic development with the Town.
~.
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 42 of 74
As the population ages, there will be an increased need for healthcare and other related support
services. This may provide an opportunity for commercial enterprises in t he area. There will likely be an
increased need for home support and transportation services. As outlined in subsection 'B.2.8
Residential Uses,' changing demographics may also result in the need for diversified housing such as
increased personal care homes and apartment units.
Despite economic and demographic challenges, it is the intent of Council to adopt an innovative and
supportive approach to promoting and supporting economic development within the Town. This
involves working with existing business stakeholder groups and building new business support networks
and relationships. It is the intent of Council to focus on leveraging strengths and opportunities to build,
attract and retain business. The development of a ten (10) year Economic Development Plan will also
help give focus and direction to fostering commercial activity within the Town.
Despite the overall promotion of commercial development, Council recognizes that adult establishment
uses are not compatible with the existing rural residential character and land use of the Town. It is
therefore the intent of Council to prohibit these uses in all use zones. However, adult establishment
uses may be considered by Council on a case-by-case basis through the Regulations amendment
application process (i.e. rezoning).
1B.2.9.2 Goal and Policies
- It is a goal of Council to promote commercial uses in appropriate locations considering transportation
: requirements, environmental impact, neighbourhood character and the compatibility of existing and
· future surrounding uses.
; It is a policy of Council to:
B.2.9.2 (1) As per policy B.2.1.2 (6), encourage new commercial uses to locate within the eastern
portion of the Town.
B.2.9.2 (2) Facilitate commercial development that does not negatively impact existing and future
residential neighbourhoods or other incompatible uses.
B.2.9.2 (3) Utilize natural resources in order to promote outfitting and eco-tourism businesses.
B.2.9.2 (4) Strengthen existing and build new networks of business stakeholder groups for increasing
business development within the Town.
B.2.9.2 (S) Prohibit adult establishment uses throughout the Municipal Planning Area. Despite this,
adult establishment uses may be considered by Council on a case-by-case basis through the Regulations
amendment application process (i.e. rezoning).
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 43 of 74
ls.2.9.3 Proposals
. It is a proposal of Council to:
B.2.9.3 ll) As per proposal B.2.1.3 (5), allow commercial uses in the Town through the implementation
of a 'Community Development (CD)' use zone. Depending on the nature, scale, and compatibility of
commercial uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2) (a), they may
be listed as either permitted or discretionary uses in the CD use zone.
B.2.9.3 (2) Allow home businesses and home industries as accessory uses to residential uses through t he
implementation of specific provisions under subsection 'C.3 Home Businesses and Industries' and use
zones of the Regulations.
B.2.9.3 (3) Develop a ten (10) year Economic Development Plan for the Town, including a detailed
analysis of existing Strengths, Weaknesses, Opportunities and Threats (SWOT).
B.2.9.3 (4J As per proposal B.2.1.3 (10), establish an 'Industrial (IND)' floating use zone for the potential
rezoning of future lands for industrial use development. As of the initial Gazette date of this Plan and
Regulations, this use zone is not applied to any lands within the Municipal Planning Area. Uses allowed
in the IND use zone shall include primarily industrial uses and other select uses. Depending on the
nature, scale, and compatibility of other uses in the 'Development (D)' future land use class under
proposal B.2.1.3 (2)(a), they may be listed as either permitted or discretionary uses in the IND use zone.
~·
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 44 of 74
8.2.10 PROTECTION OF THE NATURAL ENVIRONMENT
IB.2.10.1 Overview
The Town is rich in physical environmental features including a pristine coastline, forested areas,
wetlands and watersheds. Lands within the MPA slope gently to the southwest. As such, watercourses
generally flow in this direction into Bay St. George (see 'Illustration 13: Hydrology'). The most
prominent watercourses include Romaine's River and Gaudon's Brook, acting as the western boundary
and portion of the eastern boundary of the MPA, respectively (see 'Illustration 14: Gypsum Cliffs of
Romaine's River'). The bulk of water bodies and watercourses are located within the southern half of
t he MPA. Main water bodies north of Kippens Road include Doucette's Pond, Long Pond, and Island
Pond. There is one prominent water body south of Kippens Road, which is west of Birch Drive. An
analysis of historical aerial imagery shows that many smaller streams have been diverted or covered in
as a result of increased development over the years. Other stream beds remain dry throughout the
year, primarily carrying flows during high precipitation events.
Wetlands
Water Bodies
*
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 45 of 74
Illustration 14: Gypsum Cliffs of Romaine's River
The area shown in Illustration 14 is also a provincially designated 'Sensitive Wildlife Area' (see also
'Illustration 15: Romaine's River Sensitive Wildlife Area'). This area provides habitat for the Olive-sided
Flycatcher and Rusty Blackbird, both of which are avian species listed under the provincial Endangered
Species Act. There are also other sensitive species of rare flora located in this area. The Wildlife Division
of the Department of Environment and Climate Change (DECC) recommends an undisturbed (no
development) buffer of S0m from Romaine's River in this area. Further, and in order to provide
increased protection to Sensitive Wildlife Areas, Council may explore with the Wildlife Division entering
into a Municipal Habitat Stewardship Agreement.
As outlined under subsection B.2.7, the Town is rich in undeveloped hinterland areas. These areas are
mainly located west of the Ocean View Drive area and north of Kippens Road (Route #460); and all
lands north of the HVDC transmission line. These areas contain an expanse of picturesque wilderness;
any proposed development in these areas must be done in a manner as to not jeopardize the overall
natural character of these lands.
The natural beauty of the Town is intrinsically linked with economic development opportunities and the
overall quality of life of residents and visitors alike. The protection of the coastline, watercourses and
wetlands are especially important, as they are an economic lifeline for the community. Tourism,
recreation, hunting/trapping activities are all in some way directly or indirectly related to these natural
assets. As outlined in subsection 'B.2.3 First Nations,' the protection of natural areas is also critical in
helping to promote and preserve First Nations' culture and traditional land use activities.
~-
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 46 of 74
Future development should be guided away from watercourses, wetlands, and other sensitive
environmental features. These areas, and adequate buffers therefrom, should be designated and zoned
accordingly to protect natural assets from future incompatible uses that may jeopardize the ecological
integrity and functioning of these natural systems.
. . , . . .
,
-
;I
- ,
Legend
r--
, -- - MPA
_
Sensitive Wildlife Area
As required under the provincial Water Resources Act and associated Policy for Development in Shore
Water Zones, any proposed construction within a wetland or water body, or within the shore waters of
a water body, requires prior approval from the provincial Water Resources Management Division.
Despite that an applicant may obtain a permit from the province for this form of development, Council
does not support the infilling of wetlands, piping of watercourses, or the creation of land along the
coastline for development purposes. However, Council recognizes that there are instances where minor
sections of wetlands or watercourses may need to be developed for streets to access isolated sections
of greenfield developable lands.
The construction of some buildings or structures along the coastline may also require a permit in
accordance with the provincial Water Resources Act. It is therefore the intent of Council to forward any
development proposal along the coastline to the provincial Water Resources Management Division.
Where development along the coastline does not require a permit from the province, Council shall
Town of Kippens
Municipal Plan (2023-33)
Page 47 of 74
follow the provincial 'Chapter 14: Environmental Guidelines for Construction and Maintenance of
Wharves, Breakwaters, Slipways and Boathouses' when regulating such developments.
As outlined in subsection 'A.2 Physiography and Geology' of the Background Report, the coastline of the
Town is comprised of sand and gravel. The average rate of erosion of the clifftop is 20cm per year.
Waves do not currently reach the base of cliffs, but will in the future due to an increase in sea level and
severity of storms. The coastline of the Town is thus sensitive and highly susceptible to erosion. This
area also contains existing residential uses and has increased pressure for future residential
development, since there are still some undeveloped oceanfront properties. As was received through
the provincial referral process, the Geological Survey of Newfoundland and Labrador recommends a
40m development setback from the cliff edge. It is the intent of Council to prohibit the development of
main buildings of residential uses and select institutional uses (associated with vulnerable populations)
within this buffer, despite the permitted uses and discretionary uses of any underlying use zone. It is also
the intent of Council to prohibit any private, on-site septic or drainage infrastructure within this buffer.
Depending on the nature, impact and use of any other development proposal within this buffer, Council
may require a Geo-Technical Study, prepared by a professional geologist or engineer, prior to issuing a
development permit within this 40m cliff edge buffer. Further, and where practical, it is the intent of
Council to avoid locating public infrastructure (e.g. public streets and public utilities) within t his 40m cliff
edge buffer.
Global warming and climate change will have an overall negative impact on the Town. Extreme weather
events will increase in intensity and be more frequent in nature. Combined with a rise in sea level, this
will exacerbate storm surge and coastal rates of erosion. Overland flooding and infrastructure washouts
are also expected to increase due to higher precipitation events brought on by extreme weather. It is
the intent of Council to declare a climate emergency to emphasize the importance of t his issue and to
show leadership in the community. Further, it is the intent of Council to conduct a Climate Change
Adaptation Study. The findings from this Study will help guide and inform Council on how to avoid and
mitigate potential negative effects caused by global warming and climate change.
Town of Kip pens
Municipal Plan (2023-33)
Page 48 of 74
A portion of Gaudon's Brook, adjacent to the bridge
connecting Kippens and Stephenville, is mapped as
a flood risk area under the 'Canada-Newfoundland
Flood Damage Reduction Program.' The 'Flood
Information Map - Gaudon's Brook and Cold Brook
Areas Newfoundland' under this program is dated
February, 1997 (see 'Illustration 16: Excerpt of
Canada-Newfoundland Flood Damage Reduction
Program Map'). Despite that this mapping requires
updating, lands within this flood risk area remain
subject to the requirements of the 'Newfoundland
and Labrador Provincial Land Use Policy - Flood Risk
Area.' The Policy also regulates development within
a 15m buffer of any designated 'floodway' (1:20
flood zone) or designated 'floodway fringe' (1:100
year flood zone), as section 11. reads:
Illustration 16: Excerpt from Canada-Newfoundland Flood
Damage Reduction Program Map
· N A
Scoe
(tlld 1fti) -
0
! V 10Ci l S.:
Gaudon's 8roo~ _
.<:==,
Limits or
lv'oapphg
Development in the ffoodway, ffoodway fringe and in a 15 metre buffer around these zones
as well as any area known to be subject to flooding must obtain prior written approval of the
Minister of Environment and Conservation in accordance with section 48 of the Water Resources
Act.
The furthest extent of the flood risk area is immediately south of the bridge. The designated floodway
fringe in this area extends 25.0Sm from the centre line of Gaudon's Brook (see measurement on
Illustration 16). It is thus the intent of Council to implement a 40m 'flood risk buffer' on the Future Land
Use Classes Map and Zoning Map, which captures the entire area affected by the provincial policy.
It is the intent of Council to update and complete new Flood Risk Area mapping for the Town. This
includes, but is not limited to, the floodplain around Blanche Brook at the eastern border of the Town.
It is also the intent of Council to submit a request to the provincial Water Resources Management
Division to have the Flood Risk Area mapping of the Town updated and any new mapping completed.
Despite this and where resource constraints prohibit the province from conducting the desired work in
a timely manner, the Town may complete Flood Risk Area mapping through contracting the work out
directly to an appropriate professional (e.g. Professional Engineer (P. Eng) or Professional Geoscientist
(P. Geo)). Where completed under a private contractor, Council shall submit the new mapping to the
Town of Kippens
Municipal Plan (2023-33)
Page 49 of 74
province for filing and future application of the 'Newfoundland and Labrador Provincial Land Use Policy-
Flood Risk Area.'
Council encourages and supports environmentally responsible development within the Town. This
includes, but is not limited to development proposals that maximize the use of land whilst reducing
overall environmental impact, conservation design for subdivisions, and renewable power generation.
IB.2.10.2 Goal and Policies
: It is a goal of Council to promote sustainable development in the Municipal Planning Area, whilst
- preserving and enhancing sensitive environmental features.
: It is a policy of Council to:
B.2.10.2 (lj Direct high impact land uses away from sensitive environmental features such as coastlines,
wetlands, water bodies and watercourses. Where such uses are proposed and are allowed as
discretionary uses under the Regulations, it is the intent of Council to require adequate buffers from
sensitive environmental features. Adding buffers under this policy is a discretionary decision of Council,
which may be added as a condition to the issuance of a development permit.
B.2.10.2 (2) Discourage the infilling of wetlands, piping of watercourses, or the creation of land along
the coastline for development purposes. However, Council recognizes that there are instances where
minor sections of wet lands or watercourses may need to be developed for streets to access isolated
sections of greenfield developable lands.
B.2.10.2 (3) Forward any development proposal along the coastline and in the shore water to the
provincial Water Resources Management Division for any requirement/issuance of a provincial permit.
B.2.10.2 (4) Where no provincial permit is required under policy B.2.10.2 (3), follow the provincial
'Chapter 14: Environmental Guidelines for Construction and Maintenance of Wharves, Breakwaters,
Slipways and Boathouses' when regulating proposed developments along the coastline.
B.2.10.2 (5) Avoid natural hazards and protect the coastline by discouraging future development in
areas that are acutely susceptible to erosion. Exercising authority of this provision is at the discretion of
Council.
B.2.10.2 (6) Encourage and support environmentally responsible development, including, but not
limited to, development proposals that maximize the use of land whilst reducing overall environmental
impact, conservation design for subdivisions, and renewable power generation.
Town of Kippens
Municipal Plan (2023-33)
Page SO of 74
B.2.10.2 (7) Declare a climate emergency to emphasize the importance of this issue and to show
leadership in the community.
B.2.10.2 (SJ Consider climate change impacts when assessing applications for development, initiatives
and capital works projects.
B.2.10.2 (9) Regulate development in a manner that is consistent with the 'Newfoundland and Labrador
Provincial Land Use Policy - Flood Risk Areas.' Where there is conflict between the Plan and Policy or
Regulations and Policy, the Policy shall prevail in either case.
B.2.10.2 (10) Protect sensitive wildlife in the provincial designated 'Sensitive Wildlife Area' adjacent to
Romaine's River (see location on 'Illustration 15: Romaine's River Sensitive Wildlife Area').
B.2.10.2 (11) Explore with the Wildlife Division entering into a Municipal Habitat Stewardship
Agreement to provide increased protection to 'Sensitive Wildlife Areas.'
B.2.10.2 (12) Update and complete new Flood Risk Area mapping for t he Town. This includes, but is not
limited to, the floodplain around Blanche Brook at the eastern border of the Town.
IB.2.10.3 Proposals
It is a proposal of Council to:
·-
......
. ..
B.2.10.3 (1) As per proposals B.2.1.3 (2) (b) and B.2.1.3 (9), protect environmentally significant and
sensitive lands and features through the application of a 'Conservation (C)' future land use class and
use zone. Lands designated and zoned C include, but are not limited to, sections of the coastline,
wetlands, and a 15m buffer from wetlands, water bodies, and watercourses. In order to avoid legal non-
conforming uses and developments, the initial application of this 15m buffer, Cfuture land use class and
use zone may be reduced in cases where existing development is in place.
B.2.10.3 (2) Further to policies B.2.10.2 (3) and (5), implement an overlay, 'Cliff Edge Buffer (40m)' on
the Future Land Use Classes Map and Zoning Map. Main buildings of residential uses and select
institutional uses (associated with vulnerable populations) shall be prohibited within this buffer, despite
the permitted uses and discretionary uses of any underlying use zone. Any private, on-site septic or
drainage infrastructure shall also be prohibited within this buffer. When considering any other
development application within this buffer- and depending on the nature, impact and use of the
development proposal- Council may require a Geo-Technical Report, prepared by a professional
geologist or engineer, prior to issuing a development permit within this buffer. Council shall also forward
any development proposal within this buffer to the Water Resources Management Division to
determine any provincial permitting requirements and development recommendations on the
protection of the coastline.
Town of Kippens
Municipal Plan (2023-33)
Page 51 of 74
B.2.10.3 (3J Conduct a Climate Change Adaptation Study. The findings from this Study will help guide
and inform Council on how to avoid and mitigate potential negative effects caused by global warming
and climate change.
B.2.10.3 (4) Further to policy B.2.10.2 (5), and where practical, avoid locating public infrastructure (e.g.
public streets and public utilities) within t he 40m cliff edge buffer as outlined on the Future Land Use
Classes Map and Zoning Map.
B.2.10.3 (5) Further to policy B.2.10.2 (9), implement an overlay 'Flood Risk Buffer (40ml' on the Future
Land Use Classes Map and Zoning Map. Any development proposal within this buffer shall be forwarded
to the provincial Water Resources Management Division for any requirement/issuance of a provincial
permit.
B.2.10.3 (6) Furt her to policy B.2.10.2 (10), restrict development in the provincial designated 'Significant
Wildlife Area' adjacent to Romaine's River through the application of a 'Conservation (C)' future fond
use class and use zone. Lands designated and zoned C in this area include a 50m buffer from Romaine's
River and land bounded by the main branch of Romaine's River and its eastern tributary.
B.2.10.3 (7) Further to policy B.2.10.2 (12), submit a request to the provincial Water Resources
Management Division to have the Flood Risk Area mapping of the Town updated and any new mapping
completed. Despite this and where resource constraints prohibit the province from conducting the
desired work in a timely manner, the Town may complete Flood Risk Area mapping t hrough contracting
the work out directly to an appropriate professional (e.g. Professional Engineer (P. Eng) or Professional
Geoscientist (P. Geo)). Where completed under a private contractor, Council shall submit t he new
mapping to the province for filing and future application of the 'Newfoundland and Labrador Provincial
Land Use Policy- Flood Risk Area.'
B.2.11 OPEN SPACE AND RECREATIONAL USES
ls .2.11.1 Overview
Trails maintained by the Town are limited to the Kippens Recreational Complex area. This area is bound
by Juniper Avenue to the south, Gaudon's Lane to the west, and Ocean View Drive to the east (see
'Illustration 17: Kippens Recreational Complex Layout '). The area contains a small network of forested
trails that extends approximately 500m north-south. The trail system is unpaved and is multi-use. The
Recreational Complex Area, including the trail system, was developed and is currently maintained by
the Town.
In addition to the scenic walking trails, the Recreational Complex Area also has other recreational
facilities for use by residents. Facilities include a kiddies' playground, soccer pitch, tennis court, softball
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 52 of 74
diamond, basketball courts, dog park, and community garden (see 'Illustration 18: Kippens Recreational
Complex Area'). It is the intent of Council to retain existing municipal lands within the Recreational
Complex Area for continued public use. The maintenance and upkeep of these lands is central to
promoting the health of residents and overall community well-being. Further, Council may explore
expanding recreational activities within this area.
The Town maintains the Kippens Community Centre, which is adjacent to the Town Office. This general
assembly hall is multi-purpose and is used for numerous cultural events, celebrations, and gatherings.
The Town also contains numerous non-maintained, informal trails throughout its interior, north of
Kippens Road. These trails are predominantly used for All-Terrain Vehicle (ATV) and snowmobile use;
but are also used by walkers, runners, and mountain bikers alike. Although the majority of these trails
are informal in nature, it is the intent of Council to explore the possibility of conducting a field study to
map these routes. Council may then consider protecting these corridors through attaining Crown Lands,
and re-designating the corridors on the Future Land Use Classes Map and rezoning on the Zoning Map.
Romaine's River is a regional destination for residents as it is a scenic watercourse used in the summer
for camping and freshwater swimming. As highlighted in subsection 8.2.10, the river is a natural asset
and should be protected. As per proposal B.2.10.3 (1), it is the intent of Council to apply the
'Conservation (C)' future land use class and use zone within 15m of watercourses within the MPA. This
includes Romaine's River and will also help protect this riverbed and adjacent lands for recreational use.
~
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 53 of 74
The Town also contributes towards the use of regional recreational facilities such as the Stephenville
Dome (hockey arena) and Regional Aquatic Centre (swimming pool). In order to further facilitate the
efficient coordination and sharing of resources, it is also the intent of Council to increase collaboration
with nearby municipalities and schools in offering complementary recreational facilities and the shared
use of facilities.
Where improvements to existing facilities or additions to the Kippens Recreational Complex Area are
implemented, it is t he intent of Council to help ensure that initiatives meet the diverse needs of
residents, including but not limited to youth, seniors, and persons with disabilities. Where possible, this
may include developing facilities and trails that incorporate universal design principles. Further, it is also
the intent of Council to liaise and strengthen partnerships with non-profit recreation groups (e.g. Bay
St. George Baseball, Kippens Recreation Committee, Girl Guides of Canada) to develop new and
enhance existing recreational facilities.
Town of Kippens
Municipal Plan (2023-33)
Page 54 of 74
Illustration 18: Kippens Recreational Complex Areo
IB.2.11.2 Goal and Policies
. It is a goal of Council to promote and enhance recreational facilities and public open spaces in the ,
· Municipal Planning Area.
·
: It is a policy of Council to:
B.2.11.2 (1) Maintain existing municipal lands within the Recreational Complex Area for continued
public use.
B.2.11.2 (2) Explore community support and feasibility of broadening recreational activities within the
Recreational Complex Area.
B.2.11.2 (3) Increase collaboration with nearby municipalities and schools in offering complementary
recreational facilities and the shared use of facilities.
B.2.11.2 (4) Support existing and future recreational facilities and public open spaces that will meet the
diverse needs of residents, including but not limited to youth, seniors, and persons with disabilities.
B.2.11.2 (S) Liaise and strengthen partnerships with non-profit recreation groups (e.g. Bay St. George
Baseball, Kippens Recreation Committee, Girl Guides of Canada) to develop new and enhance existing
recreational facilities.
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 55 of 74
IB.2.11.3 Proposals
' It is a proposal of Council to:
B.2.11.3 (1) Explore the possibility of conducting a field study to map informal trails throughout the
interior, northern portion of the MPA. Council may then consider protecting these corridors through
attaining Crown Lands, and re-designating the corridors on the Future Land Use Classes Map or
rezoning on the Zoning Map.
B.2.11.3 (2) Develop future recreational facilities and public open spaces that incorporate universal
design principles:
(a) Equitable Use: The design is useful and marketable to people with diverse abilities.
(b) Flexibility in Use: The design accommodates a wide range of individual preferences and abilities.
(c) Simple and Intuitive Use: Use of the design is easy to understand, regardless of the user's
experience, knowledge, language skills, or current concentration level.
(d) Perceptible Information: The design communicates necessary information effectively to the
user, regardless of ambient conditions or the user's sensory abilities.
(e) Tolerance for Error: The design minimizes hazards and the adverse consequences of accidental
or unintended actions.
(f) Low Physical Effort: The design can be used efficiently and comfortably with minimum fatigue.
(g) Size and Space for Approach and Use: Appropriate size and space is provided for approach,
reach, manipulation, and use regardless of user's body size, posture, or mobility.
B.2.11.3 (3) Acquire land for public open space through the subdivision process, in accordance with the
Regulations, and other means such as purchase, easements, lease agreements, or expropriation. The
following will be considered during the process of acquiring land for open space:
(a) The likely impact on maintenance and property tax costs;
(b) Existence of other nearby facilities;
(c) Physical suitability for the intended purpose;
(d) Potential for integration with existing recreational facilities and public open spaces; and
(e) Compatibility with existing and proposed adjacent land uses.
~.
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 56 of 74
8.2.12 ARCHAEOLOGICAL AND HISTORICAL SITES
IB.2.12.1 Overview
The Provincial Archaeology Office (PAO) has two (2) registered archaeological sites on record, both in
close proximity to one another along the coast within the eastern portion of the Town. The first is an
unmarked cemetery with just over 30 burials and the second is an oval depression with a small lip
around the outer edge, which is likely a collapsed root cellar (roughly 2-3m by 3-4m in size). Although
there is no excavation evidence to support the claim, the cemetery is locally known as a Mi'kmaq burial
ground. The site contains numerous undulations, which may be evidence of shallow graves. According
to local knowledge, burying the deceased in shallow graves was a common practice of the Mi'kmaq
people in the region. However, where further archaeological investigations of the site have not been
conducted, the purported burial ground is not officially (by the PAO) attributed to a particular cultural
group. Further, there are no buildings with historic designations within the Town.
Council recognizes the importance of the Town's sites of archaeological and historical significance. The
Town will take a proactive and supportive approach in protecting these sites in perpetuity. Council is
also aware of the importance of identifying, prot ecting and preserving future sites.
IB.2.12.2 Goal and Policies
It is a goal of Council to support and encourage the protection and preservation of archaeological and ;
historical sites.
It is a policy of Council to:
B.2.12.2 (1) Work collaboratively with the Provincial Archaeology Office in helping to preserve and
protect known archaeological and historical sites; and to help identify, protect and preserve future
sites.
IB.2.12.3 Proposals
- It is a proposal of Council to:
..
.......
. ..
B.2.12.3 {1} Refer any public works or major development plan within the Town to the Provincial
Archaeology Office for review. In accordance with paragraph 13(1)(a) of the Historic Resources Act and
where deemed appropriate by the Provincial Archaeology Office, archaeological surveys may be
required by the Provincial Archaeology Office in areas of high potential for discovery prior to
development to safeguard any site of historic significance yet to be discovered.
Town of Kippens
Municipal Plan (2023-33)
Page 57 of 74
B.2.12.3 (2) In accordance with subsection 10(1) of the Historic Resources Act, the discovery of historic
resources that has occurred in result of undertaking any development or land disturbance activity,
immediately notify the Provincial Archaeological Office. In accordance with subsection 10(2) of the
Historic Resources Act, a person, other than one to whom a permit has been issued under the Historic
Resources Act, who discovers an archaeological object or a significant fossil shall not move, destroy,
damage, deface, obliterate, alter, add to, mark or interfere with or remove that object or fossil from the
province. The Provincial Archaeology Office may issue a temporary stop work order for said
development or land disturbance activity in accordance with section 31 of the Historic Resources Act.
B.2.12.3 (3) Build awareness in the local builder and developer community of the requirements of the
Provincial Archaeology Office regarding the discovery of historic resources.
B.2.13 SIGNS
IB.2.13.1 Overview
Council recognizes the importance of signs for commercial businesses, governmental organizations,
non-profit organizations and community events. Signs are an integral part of economic development
and distributing community-wide messages. Sign installation constitutes development as defined under
the Urban and Rural Planning Act, 2000. Unless otherwise exempted under the Plan and Regulations, a
development permit is required from the Town prior to sign installation. Signage did not emerge as a
contentious issue through the public participation program for the development of this Plan. This is
unsurprising given that t he Town is primarily a residential community and signage is largely associated
with commercial uses and developments. However, in order to be prepared for potential, future land
use conflict, it is the intent of Council to have robust signage provisions in place to control the future
development of signs within t he Town.
Town of Kippens
Municipal Plan (2023-33)
Page 58 of 74
Illustration 19: Town Electronic Message Board Side on Kippens Road (Route 11460) 1~
~~::C__---~,.
Although the signage provisions in the Regulations shall be robust enough to deal with any type of sign
installation, it is the intent of Council to take an overall permissive approach to the regulation of signs
within the Town. Despite being permissive, robust signage provisions will help ensure that any future
signs are installed in a safe manner that respects neighbourhood character and minimizes land use
conflict.
The various sign types are listed under 'Appendix C: Use Category Table' of the Regulations. For
clarification and ease of use, signs are listed under its own use group in Appendix C. Each sign type is
also defined under 'Appendix B: Definitions' of the Regulations. Each use zone under subsection 'E.2
Use Zone Regulations' has its own sign category to indicate permitted, discretionary, and prohibited use.
In the 'Community Development (CD)' use zone, for example, all sign types except for billboard signs
and electronic message board signs constitute permitted uses. A billboard sign or an electronic message
board sign can have a substantial land use impact on neighbouring property owners, therefore it is
critical to notify these residents and take their concerns into consideration prior to issuing a
development permit. Signage provisions are outlined as a stand-alone section in the Regulations (see
subsection 'C.2 Signage' in the Regulations).
Signs can create safety hazards such as obstructing the sight-lines of drivers (e.g. a large sign installed at
the intersection of streets); creating excessive diversion of the attention of drivers (e.g. through
excessive brightness, flashing messages or lights); or being structurally unsafe or placed as a potential
obstruction hazard (e.g. portable signs that are lightweight and may be blown into the street). It is
therefore the intent of Council to regulate signs in safe manner that helps mitigate and avoid the risk of
Town of Kippens
Municipal Plan (2023-33)
Page 59 of 74
hazards. Subsection 'C.2.4 Prohibitions' in the Regulations therefore includes a wide range of safety
provisions for the development of signs, which may be updated and amended by Council from time-to-
time.
Sign installation along provincial streets within the Town is regulated under the provincial Highway Sign
Regulations, 1999. As per subsection 5(3) of the regulations, the control lines of provincial authority are
within 100m of the centre line of a provincial street within a municipality. This covers a large
developable portion of the Town. It is the intent of Council to avoid the duplication of municipal and
provincial signage provisions and permits. An amendment was made to the Highway Sign Regulations,
1999 in 2016 to allow municipalities to apply for an exclusion from the regulations. Where all provincial
roads within the Town have a speed limit of 60km/h or less, it is the intent of Council to avail of this
provision by applying to the Minister of Municipal and Provincial Affairs for an exclusion from the
application of the Highway Sign Regulations, 1999 within the MPA.
IB.2.13.2 Goal and Policies
It is a goal of Council to support the development of signs for commercial businesses, governmental
organizations, non-profit organizations and community events by regulating signs in a permissive yet
: safe manner.
It is a policy of Council to:
B.2.13.2 (1) Implement robust signage prov1s1ons in the Regulations, which prepare the Town for
potential, future land use conflict and the enforcement of unsafe signs.
B.2.13.2 (2) Outline sign types with high potential for land use conflict as discretionary or prohibited
uses in the use zones of the Regulations.
B.2.13.2 (3) Avoid the duplication of municipal and provincial signage provisions and permits.
IB.3.13.3 Proposals
· It is a proposal of Council to:
..........
..... --
B.3.13.3 (1) Further to policy B.13.2 (3), consider an electronic message board sign as a discretionary
use in the 'Community Development (CD)', 'Residential (RES)', 'Rural Development (RD)', and 'Industrial
(IND)' use zones. An electronic message board sign shall constitute a prohibited use in the 'Rural
Resource (RR)' and 'Conservation (C)' use zones.
B.3.13.3 (2) Further to policy B.13.2 (3), consider a billboard sign as a discretionary use in the
'Community Development (CD)', 'Rural Development (RD)', and 'Industrial (IND)' use zones. A billboard
~
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 60 of 74
sign shall constitute a prohibited use in the 'Residential (RES)', 'Rural Resource (RR)', and 'Conservation
(C)' use zones.
B.2.13.3 (3) Unless otherwise specified in the Regulations, require a development permit for billboard
signs, electronic message board signs, and ground signs only.
B.2.13.3 (4) Alli1!Y, at a future time subsequent to the initial Gazette date of the Plan and Regulations,
to the M inister of Municipal and Provincial Affairs for an exclusion from the application of the provincial
Highway Sign Regulations, 1999 within the Municipal Planning Area.3
3
If an exclusion is obtained from the Minister in accordance with proposal B.2.13.3 (5), Council must amend the Plan and
Regulations in order to apply the Town's signage provisions to the current area of provincial jurisdiction as outlined in
the Highway Sign Regulations, 1999.
,-.
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 61 of 74
C.1 OVERVIEW
The Plan serves as the blueprint for the future of the Town for 2022- 2032. However, it is critical that
the Plan is put into action through a strategic implementation program. Any growth and development
that will occur in the MPA will largely be driven by private investment. The Town's role in
implementation is to help guide and shape private investment, and in effect implement the Plan in a
cooperative framework with the private sector. Municipal services, regulations, and expenditures are a
means to encourage or discourage the extent and form of new development. Successful
implementation of the Plan involves:
-
Effectively administering the Plan and Regulations;
-
Conducting and implementing recommended studies;
-
Developing and implementing municipal land assembly programs; and
-
Adopting a municipal capital works and budgeting program.
C.2 ADMINISTRATION OF PLAN AND REGULATIONS
C.2.1 DIVISION OF POWERS
In order to effectively administer the Plan and Regulations, Council should assign the majority of its
operational tasks to an employee of the Town. This employee may also be given delegated authority by
Council, pursuant to the Act, to issue orders and render decisions (i.e. approve or reject applications, to
develop land in accordance with the Plan and Regulations, and may outline the conditions applicable to
that development). Operational tasks include the intake of applications and requests, and fulfillment of
administrative requests. Where an employee is given delegated authority under the Act, this would also
include the issuance of basic development/building permits for uses and developments that do not
warrant discretionary approval from Council (e.g. permitted uses). This approach will help ensure that
requests and applications are reviewed, approved, and implemented in a straightforward and timely
manner. ~-
SCP
Town of Kip pens
Municipal Plan {2023-33)
Page 62 of 74
There are certain types of discretionary approvals that the Delegated Employee shall not issue a
development/building permit for. These include applications for discretionary uses, variances, non-
conforming uses, and amendments to the Plan and/or Regulations. It is thus important that Council
adopt Regulations that make clear the division of powers between the Delegated Employee and
Council. This streamlining of areas of jurisdiction, administrative requests and application types will help
clarify the day-to-day roles and responsibilities of the Delegated Employee and Council in implementing
the Plan and Regulations.
C.2.2 PUBLIC CONSULTATION ANO PARTICIPATION
This Plan was developed through the implementation of a thorough public participation program (see
subsection 'B.6 Public Participation Summary' in the Background Report). The requirement of public
consultation is detailed under section 14 of the Act. This section requires Council to engage and consult
"interested persons, community groups, municipalities, local service districts, regional economic
development boards and the departments of the government of the province." Section 25 requires
Council to implement the same consultation process under section 14 for an amendment to the Plan.
The Act and Minister's Development Regulations also require the Town to engage and consult the public
when rendering decisions on certain planning applications (e.g. discretionary uses, variances, non-
conforming uses). These requirements must be reflected in the authority's Development Regulations;
and are thus summarized in subsection 'A.2.2.12 Public Notice and Written Comments' of the
Regulations.
However, the legislative requirements for discretionary applications and amendments should be viewed
as a minimum in conducting public participation for substantive developments and community-wide
planning initiatives. Involving residents prior to the formal application stage and legislative process is an
opportunity to promote community-based design and may help align the interests and goals of
residents, community stakeholder groups, developers, and Council alike. The successful implementation
of this Plan will thus hinge on the degree of involvement of residents and community stakeholder
groups in helping shape the future of the Town.
C.2.3 DEVELOPMENT REVIEW ANO APPROVAL PROCESS
A clear, concise, and understandable development review and approval process under the Regulations is
required for the successful implementation of this Plan. As outlined in subsection 'C.2.1 Division of
Powers,' Council should delegate as much decision-making authority as possible to the Delegated
Employee to help expedite the day-to-day operations of development matters within the Town. The
Regulations should be viewed as an initial structure for framing out the development review and
approval process. As the implementation period of this Plan progresses, the Delegated Employee and
Council may require the creation of additional application forms, standard operating procedures, and
policies of Council to help improve service levels and operational efficiencies.
~.
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 63 of 74
C.2.4 PERFORMANCE-BASED DISCRETIONARY DECISION-MAKING
The provincial legislative planning framework in Newfoundland and Labrador affords Council with broad
discretionary powers to regulate development for the health and well-being of residents in the MPA. As
opposed to other provincial contexts, property owners do not have as-of-right development rights.
Despite that a proposed development meets all the development provisions of the Regulations, Council
retains the right to refuse the proposal if there is justification that the development is not in harmony
with the policies and proposals of the Plan. These overarching discretionary powers are implemented
through subsection 'A.2.2.7 Refusal or Conditions - Council' of the Regulations.
However, Council is expected to act in good faith when making discretionary decisions on development
applications. Refusing a proposed development or adding conditions to a development permit (or
approval in principle request) must include reasons in writing that are based on provisions of the Plan
and Regulations. This is required in accordance with subsection 35(1)(g) of the Act and is implemented
through subsection 'A.2.1.6 Refusal or Conditions - Delegated Employee' of the Regulations. In making
discretionary decisions, Council should adopt a consistent and methodical process for considering each
application. Adopting a performance-based approach allows Council to assess the proposal based on
the specific nature, scale, and land use context of the proposed use and development.
'Appendix C: Performance-based Rubric' is included as a tool to help Council in exercising discretionary
decision-making authority-specifically when making a discretionary decision to refuse or add
conditions to a development permit. The rubric is divided into three sections:
1. Potential for Nuisance;
2. Neighbourhood Compatibility; and
3. Policies and Proposals of the Municipal Plan.
The proposed development is assessed for each category. Depending on the number of points scored
by the proposed development, Council may refuse or approval the development application. This
structured approach will help ensure that Council is exercising its discretionary, decision-making
authority in a consistent and structured manner. The results of the rubric assessment may also be used
to supply to the applicant in justifying the decision of Council, thus fulfilling the above-noted
requirements of the Act.
C.2.5 PROFESSIONAL ADVICE AND CERTIFICATION
The implementation of the Plan and Regulations may require the occasional professional consultant to
give advice and certify plans, reports, or other documents. In accordance with subsection 13(1) of the
Act, "A plan and development regulations made under this Act and amendments to them shall be
certified by a person who is a fellow or full member of the Canadian Institute of Planners"-an FCIP or
MCIP professional planner; respectively. A Plan amendment application or Regulations amendment
application therefore requires the certification of an MCIP or FCIP professional planner. As a part of
~--
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 64 of 74
rendering services to Council, certification encompasses professional planning advice on whether or not
the proposed amendment meets the intent of the Plan and detailed provisions of the Regulations.
Additional information or study may be required by an employee of the Town or Council to evaluate the
impact of a proposed development on the:
i.
Town's infrastructure including, but not limited to, the required upgrading of public streets and
public utilities;
ii.
Compatibility with surrounding land uses;
iii. Established character of the immediate neighbourhood;
iv. Health, safety, and general well-being of residents of adjacent properties, the immediate
neighbourhood, or the Town as a whole; and
v. Natural environment, which may include, but is not limited to, steep slopes, watercourses,
water bodies, watersheds, water supplies, wetlands, and wildlife habitats.
The Delegated Employee or Council may therefore require the submission of certified reports or studies
prepared by professionals including, but not limited to, planners, engineers, geologists, surveyors, or
landscape architects. Where the initiative or proposal is not driven by Council, the cost of such reports
or studies should be borne by the applicant. This provision is implemented in further detail through
subsection 'A.2.1.3 Requirement for Additional Information or Study' of the Regulations.
~.
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 65 of 74
C.3 RECOMMENDED STUDIES AND INITIATIVES
There are numerous studies and initiatives called for throughout the proposals of Council under
subsection 'B.2 Land Use Goals, Policies and Proposals.' Although the Plan is the overarching blueprint
for the future direction of the Town, supporting studies and initiatives help realize the goals and
objectives therein. A summary from subsection B.2 is outlined in the following table.
Proposal
Study or Initiative
Professional
B.2.1.3 (11) Feasibility Study- Rural Transit
Planner (FCIP or MCIP; Fellow of the Canadian
Institute of Planners or Member of the
Canadian Institute of Planners, respectively) or
Professional (Transportation) Engineer (P. Eng;
Professional Engineer)
B.2.1.3 (12) Active Transportation Plan
Planner (FCIP or MCIP)
B.2.1.3 (13) Feasibility Study- Multi-use Path Adjacent to Kippens Road
Engineer (P. Eng)
(Route #460)
B.2.5.3 (2)
Emergency Measures Plan
NA
B.2.5.3 (3)
Feasibility Study - Municipal Compostable Pick-up Program
Engineer (P. Eng)
B.2.6.3 (2)
Antenna Systems Siting Protocol
Planner (FCIP or MCIP)
B.2.9.3 (3)
Economic Development Plan (10-year)
Economic Development Officer (Ee. D.;
Economic Developers Association of Canada)
B.2.10.3 (3) Climate Change Adaptation Study
Planner (FCIP or MCIP)
B.2.11.3 (1) Delineation of and Protection of Informal Trails
Planner (FCIP or MCIP)
It is important to note that Council is not obligated to complete any study or initiative outlined in the
Plan. Further, the summary of proposed studies and initiatives is not exhaustive; Council may retain
professional consultants or other researchers and individuals to conduct studies or implement
initiatives on behalf of the Town.
C.4 MUNICIPAL LAND ASSEMBLY PROGRAM
In order to implement certain policies and proposals of the Plan, Council may need to develop and
implement a municipal land assembly program for certain projects or initiatives. Council may attain land
through various means such as private sale and purchase, expropriation, granting of Crown Lands, or
requiring land for public open space through the subdivision process (see subsection 'D.8 Land for
Public Open Space' in the Regulations).
However, Council is given specific authority under the Municipalities Act, 1999 to attain, use, and
expropriate lands for intended purposes. In accordance with subsection 201(2) of the Municipalities
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 66 of 74
Act, 1999, Council must receive ministerial approval prior to attaining lands that are not required for the
necessary operations of Council (e.g. economic development initiatives).
As per section 9 of the Lands Act, the Minister may grant lands up to lOha in area to the Town-free of
charge, but with an administration fee-for an undertaking that is in the public interest, which does not
include economic development purposes. The granting of Crown Lands in excess of lOha requires the
approval of the Lieutenant-Governor in Council.
Part IX of the Urban and Rural Planning Act, 2000 and Part X of the Municipalities Act, 1999 outline the
powers of expropriation that may be exercised by Council. Each expropriation request requires approval
from the Minister of Municipal and Provincial Affairs. In general, Council may expropriate lands for
public parks and trails and the regular operations of the Town (e.g. acquiring lands for new streets,
widening existing streets, or for new municipal facilities or infrastructure). Council is not permitted to
exercise expropriation powers for economic development purposes.
C.S MUNICIPAL CAPITAL WORKS AND BUDGETING PROGRAM
Where and how Council chooses to spend funds each year can have a significant impact on the future
development of the Town. Developing a municipal capital works and budgeting program will help
Council plan and prioritize annual expenditures. Funds should be strategically allocated in a manner
that helps achieve the specific proposals outlined in subsection 'B.2 Land Use Goals, Policies and
Proposals.' Further, it is the intent of Council to apply for and avail of funding from the provincial,
Municipal Capital Works program in order to help implement this Plan.
~
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 67 of 74
Appendix A: Amendments
Municipal Plan
Amendments
Format: MPA-YYYY-##
Section and/or
Development Regulations
Schedule Amended
Amendments
Format: DRA-YYYY-##
Town of Kippens
Municipal Plan (2023-33)
Page 68 of 74
Section and/or
Gazette Date
Schedule Amended
( Lega I Effect)
Appendix B: Future Land Use Classes and Use Zones
Note: The following table summarizes the future land use classes (see attached Future Land Use Classes
Map) and subsidiary use zones (see the Zoning Map of the 'Development Regulations (2022-32)').
Future
Land Use
Classes
Land Use Zones
~-
SCP
Development (D)
Community
Residential
Development
(RES)
(CD)
Rural
Industrial (IND)
Development
(RD)
Town of Kippens
Municipal Plan (2023-33)
Page 69 of 74
Conservation
Rural Resource
(C)
(RR)
Conservation
Rural Resource
(C)
(RR)
Appendix C: Performance-based Rubric
Overview:
The following performance-based rubric is intended as a guide to assist Council in making discretionary
decisions for development applications (e.g. refusing a permitted use; refusing or adding conditions to a
discretionary use, variance, or non-conforming use application). However, the rubric need not be used
by Council in making discretionary decisions.
This rubric should not be used for rendering a decision on a Plan amendment application or
Regulations amendment application (subsection 'A.2.2.11 Amendment to Plan and/or Regulations'). A
decision to refuse an amendment application need not be justified by Council and cannot be appealed
by the applicant under the Urban and Rural Planning Act, 2000.
How to Use the Rubric:
The rubric is designed to help Council rationalize a discretionary decision. Each category is assigned a
weighted value between 1 (undesirable) and 5 (desirable). There are three sections for performance-
based assessment:
1. Potential for Nuisance;
2. Neighbourhood Compatibility; and
3. Policies and Proposals of the Municipal Plan
In order for the proposed development to be approved by Council, the proposal must attain a 'pass' in
each section. In order to attain a pass in each section, the proposed development must score:
1. No less than 3 in any applicable category; and
2. A total of 4 X (# of applicable categories).
Depending on the nature of the proposed development and surrounding land use context, not all
categories will apply. Council will have to make this initial determination of which categories are
'Applicable (A)' or 'Not Applicable (NA).'
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 70 of 74
1. Potential for Nuisance
Applicable (A) or
Nuisance Category
1
2
3
4
5
Not Applicable
(High)
(Med-High)
(Med)
(Med-Low)
(Low)
(NA)
Dust-
Noise
5
Odour6
Light Pollution7
Vibration
8
Note: The temporary construction of structures and buildings should not be included in this analysis, as the effects of which
are temporary in nature and not a part of the ongoing use of the development.
4
E.g. Dust from an industrial use or commercial - automotive establishment use
5
E.g. Noise from traffic or trucking, animals, indoor or outdoor entertainment use
6
E.g. Odour from industrial use processes or agricultural- large scale use
7
E.g. Light trespass from an illuminated parking lot, electronic message board or back-lit signs
8
E.g. Vibration from mine or mineral working uses, or commercial wind farm
Town of Kippens
Municipal Plan (2023-33)
Page 71 of 74
2. Neighbourhood Compatibility
Applicable (A) or
Compatibility
1
2
3
4
5
Not Applicable
category
(Low)
(Med-Low)
(Med)
(Med-High)
(High)
(NA)
Public Support
9
Nature and Intensity
of Use10
Building/ Structure
Massing and Height11
Building
Architectural Style12
Alignment of
Development
13
9
As determined through feedback from the public notice and consultation requirements, which are summarized under
subsection 'A.2.2.12 Public Notice and Written Comments' of the Regulations.
10 'Nature and scale of use' refers to how the proposed use is compatible with neighbouring properties. (E.g. On the
whole, does Council feel the proposed use would positively or negatively change the character of the neighbourhood?)
11 'Building/ structure massing' refers to how the proposed development is within reasonable range of the footprints and
heights of neighbouring buildings and structures. (E.g. Would the proposed development dominate over neighbouring
small scale structures and buildings?)
12 'Building architectural style' refers to how the proposed building is in harmony with the architectural styles of
neighbouring buildings.
13 'Alignment of development' refers to how the proposed structure or building generally aligns with neighbouring
developments. (E.g. Does the proposed development meet the requirements of subsection '8.11 Building and Structure
Line Setback' of the Regulations? Are porches, stairs, and decks in general alignment of one another, thus contributing
or detracting from the established character of the neighbourhood and streetscape?)
~-
SCP
---
Town of Kippens
Municipal Plan (2023-33)
Page 72 of 74
3 P r ·
o 1c1es an dP
f h M
roposa so t e
unic1pa I Pl an
Applicable (A) or
Land Use Goals,
1
2
3
4
5
Not Applicable
Policies and Proposal (Low)
(Med-Low)
(Med)
(Med-High)
(High)
(NA)
Section of Municipal
Plan (B.2)
B.2.1 Overall
Development
Strategy
B.2.2 Legal Non-
conforming Uses
B.2.3 First Nations
B.2.4 Public Streets
and the Subdivision
of Lands
B.2.5 Public and
Safety Emergency
Services
B.2.6 Public Utilities
B.2.7 Hinterland
Areas
B.2.8 Residential
Uses
B.2.9 Economic
Development,
Commercial and
Industrial Uses
B.2.10 Protection of
t he Nat ural
Environment
B.2.11 Open Space
and Recreational
Uses
B.2.12
Archaeological and
Historical Sites
B.2.13 Signs
Note: Where 1 (Low) or 2 (Med-Low) is assigned to any category, Council should elaborate by specifying and explaining which
policies or proposals are not aligned with the proposed development as per the following template.
Town of Kip pens
Municipal Plan (2023-33)
Page 73 of 74
Category: _____
(e.g. B.2.1)
Policy or Proposal:
(e.g. B.2.1.2 (1))
Reason(s) why the proposed development is not aligned with the policy or proposal:
Category: _____ (e.g. B.2.1)
Policy or Proposal:
(e.g. B.2.1.2 (1))
Reason(s) why the proposed development is not aligned with the policy or proposal:
Category: _____ (e.g. B.2.1)
Policy or Proposal:
(e.g. B.2.1.2 (1))
Reason(s) why the proposed development is not aligned with the policy or proposal:
~-
SCP
Town of Kippens
Municipal Plan (2023-33)
Page 74 of 74