L'Anse-au-Clair, Newfoundland and Labrador
· adopted 2020-11-23
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Municipal Plan 2019 - 2029
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L'Anse au Clair Municipal Plan 2019 - 2029
Council Resolution to Adopt
L'Anse au Clair Municipal Plan 2019-2029
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Council
of L'Anse au Clair hereby adopts the L'Anse au Clair Municipal Plan 2019 - 2029.
Adopted by the Town Council of L'Anse au Clair on the 23rd day of November, 2020.
Signed and sealed this --=-18~1-h __ day of October
2021
Mayor:
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Canadian Institute of Planners Certification
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I hereby certify that this document has been prepared under the provisions of the Urban
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L'Anse au Clair Municipal Plan 2019- 2029
Municipal Plan/Amendment
REGIS:.,ERED
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CIL"RESULUTION"T'n->l-Dtl~~m
L'Anse au Clair Municipal Plan 2019 - 2029
Under the authority of sections 16, 17 and 18 of the Urban and Rural Planning Act 2000, the
Town Council of L'Anse au Clair:
a)
adopted the L'Anse au Clair Municipal Plan on the 23rd day of November. 2020.
b)
As there is no newspaper published in the area, gave notice of the adoption
of said document by:
-
Posting the notice on the Town's Facebook page on April 26, 2021;
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Posting the notice on the Town's website on April 26, 2021;
-
Placing posters in prominent locations including the town hall, etc.; and
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Sending notices to the mailboxes of all residents on April 26. 2021
c)
Set the ~day of May
at 7:30
p.m. at the
AMG Community Centre
for the holding of a physical public hearing to
consider objections and submissions.
Now under section 23 of the Urban and Rural Planning Act 2000, the Town Council of L'Anse
au Clair approves the L'Anse au Clair Municipal Plan 2019 - 2029 as adopted on the above
date and amended following the Public Hearing of May 12, 2021 and the Commissioner's
Report, dated May 31st , 2 021
Signed and sealed this -=--18=--th _
_ day of October
2021
Mayor:
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L'Anse au Clair Municipal Plan 2019- 2029
Table of Contents
Approval Certificates
1. Introduction
2
5
2. The Plan
2.1 Objectives
7
A. Economic Growth
8
B. Land Use Management
9
C. Health and Wellness
10
D. Planning for Climate Change and Preserving the Environment
11
E. Municipal Administration and Finance
12
2.2 Land Use Policies
14
Mixed
14
Residential
15
Public
16
Conservation.
17
Industrial/Commercial
17
Municipal Watershed
18
Rural
19
General Policies
20
2.3 Plan Implementation
22
Ill
Administration of the Plan
22
Amending & Reviewing the Plan
22
Development Regulations
23
Capital Works Program & Budgeting
25
Future Land Use Maps
Map 1
Map 2 (attached)
26
.... page 4
L'Anse au Clair Municipal Plan 2019 - 2029
1. Introduction
1.1 Purpose of the Municipal Plan
The L'Anse au Clair Municipal Plan is Council's comprehensive policy document
for the management of growth and land use within the Municipal Planning Area
over the 2019-2029 Planning Period. It was prepared under the authority of the
Urban and Rural Planning Act 2000 and repeals and replaces the 1995 L'Anse au
Clair Municipal Plan.
1.2 Interpretation
In this Plan:
- Council means the Council of the Town of L'Anse au Clair.
- Development Regulations means the L'Anse au Clair Development Regulations
2019-2029.
- Municipal Planning Area or Planning Area means the L'Anse au Clair
Municipal Planning Area, as outlined on Map l : Future Land Use, included in
this document.
- Planning Period means the period 2019 - 2029. The Plan will remain in effect
until replaced by a new/revised Plan.
- Town means the Town of L'Anse au Clair.
Ill
... pages
L'Anse au Clair Municipal Plan 2019- 2029
1.3 Structure of this Document
The document is organized as follows:
I. Introduction of the Plan and its purpose.
2. The Plan is presented in the following sections:
Ill
Objectives, outlining the overall priorities of Council for the Planning
Period in fulfilling its mandate of managing growth, the use of land and
the delivery of services.
Land Use Policies, which divide the Planning Area into land use
designations (as opposed to zones, which are addressed in the
Development Regulations).
Plan Implementation, which addresses how Council will work to
implement the objectives and policies outlined in the Plan over the l 0
Year Planning Period.
Accompanying Future Land Use Maps.
... . page6
L'Anse au Clair Municipal Plan 2019-2029
2. The Plan
The Plan is divided into three parts:
Objectives,
Land Use Policies, and
Plan Implementation
2.1 Objectives
It is the overriding aim of Council to support the continued development of
L'Anse au Clair, deliver services efficiently and practise comprehensive land
use management within the Municipal Planning Area during the 2019-2029
Planning Period.
The Town's objectives to be pursued during the Planning Period are outlined below
under the following five headings:
-
Economic Growth,
-
Land Use Management,
-
Health and Wellness,
-
Planning for Climate Change and Preserving the Natural Environment, and
-
Municipal Administration and Finance.
Ill
.... page 7
L'Anse au Clair Municipal Plan 2019- 2029
A. Economic Growth
Strengthening the local economy will continue to be a first order priority for the Town
throughout the Planning Period. The fishery has traditionally been the primary industry
in the region, led by the Labrador Fishermens' Union Shrimp Company headquartered in
L'Anse au Loup. L'Anse au Clair is a Gateway community into Labrador and the Trans
Labrador Highway (as well as to the Quebec Lower North Shore, which extends from
Blanc Sablon through a series of communities 65 kilometres to Vieux-Fort).
With this strategic location, there is significant potential for further development of
L'Anse au Clair and the Labrador Straits as a tourism destination, in collaboration with
the Lower North Shore of Quebec. This can provide additional small business
opportunities in, for example, arts and crafts, tour packaging and food/ accommodations.
Possibilities in other sectors include information technology-enabled small business.
Objectives for 2019-2029:
1) To promote fu11her development of young entrepreneurs in L'Anse au Clair by
encouraging initiatives such as awareness-raising through school programming
and events and mentoring by business owners.
2) To support the development of viable, long term business and employment
opportunities in the local and regional economy, including the fishery, tourism
and public service. This will include making every effort to match new
development opportunities with the required land and municipal services.
3) To support the further development of facilities and attractions that will grow the
tourism industry in L'Anse au Clair such as the designation of historic sites and
buildings and community beautification programs, in collaboration with
Destination Labrador.
4) Further to the Province's immigration strategy', to work with organizations and
businesses to prepare a plan of action to attract and integrate immigrants into
L'Anse au Clair.
5) To accommodate small business wherever possible, including home occupations
that are compatible with adjoining residential uses.
6) To collaborate with the Government of Newfoundland and Labrador in ensuring
that highway entrance signage on Route 510 (Trans Labrador Highway) present a
high-level introduction to the Town and to Labrador.
7) To work with neighbouring towns towards enhancement of communications
infrastructure within the region, including broadband internet services.
1 The Way Forward on J111111igratio11 in Newf ound/and and Labrador.
II
. . page 8
L'Anse au Clair Municipal Plan 2019-2029
B. Land Use Management
L'Anse au Clair has a compact community form with available land for limited infilling
as well as expansion, to the north. Commercial/industrial uses can be accommodated in
the Dam Road/Main Road (Route 510) area.
Objectives for 2019-2029, cont'd:
8) To plan for a 5% increase overall in the current population by 2029 (increasing to
approximately 226 in 2029).
9) To encourage infilling where possible within the built-up community, given the
high cost of extending services.
l 0) To continue to ensure that L'Anse au Clair expands in a way that ensures the most
economical use of land and municipal services. Land areas are identified for
future expansion along the Main Road to the north (Mixed Use) and on Dam
Road (Industrial/Commercial and Residential).
11) To encourage more land-intensive uses (such as warehousing and equipment
storage) to locate in areas not serviced by municipal water and sewerage.
12) To require that new buildings meet the standards of the National Building Code,
including the updated energy efficiency standards (Section 9.36 of the Code).
13) To pursue the sound management of all Crown Land within the Planning Area, in
collaboration with Crown Lands Division, Department of Fisheries, Forestry and
Agriculture and the Department of Municipal and Provincial Affairs.
Housing
14) To plan for a minimum of 20 new dwelling units by 20292.
15) To establish residential lot sizes that make maximum use of available land, meet
the minimum safety and servicing requirements of Council, and the lifestyle
requirements of residents.
16) To investigate innovative housing designs that increase the economical use of
land and municipal services and serve the needs and interests of the population,
i.e. singles, families and seniors.
2 Assuming 2.9 persons/household, i.e., the Canadian average in 2016.
Ill
.... page 9
L'Anse au Clair Municipal Plan 2019 - 2029
C. Health & Wellness
The promotion of health and wellness is a prio1ity for the community, which includes
making it possible for all residents to participate in community life and the use of
municipal services. Community health and wellness is also served when affordable
housing is available to a range of income levels. 3
The Department of Children, Seniors and Social Development administers the
Community Healthy Living Fund. It is a program that supports "The Way Forward: A
Vision for Sustainability and Growth in Newfoundland and Labrador" and provides a
funding opportunity to communities and organizations for projects, programs and
initiatives that demonstrate direct, measurable results towards the targets outlined in "The
Way Forward", specifically: increased physical activity and the rate of vegetable and fruit
consumption. See https://www .cssd.gov .nl.ca/grants/pdf/201 8-
19 CHL Fund Guidelines.pdf. A few words about each of these.
Physical Activity: Projects and programs that provide opportunities for exercise and
socializing for all ages, with facilities such as parks/playgrounds, indoor recreation space
and walking trails.
Vegetable & Fruit Consumption: Another essential part of healthy living is healthy
eating. There is a cu1Tent movement in the province to increase local food production
and thereby our level of food sustainability. At the community level, this translates into
initiatives such as community gardens, backyard gardening and greenhousing.
Finally, the preservation (and celebration) of a Town's heritage, both cultural and natural,
is invaluable in building identity and sense of place.
Objectives for 2019-2029, cont'd:
I 7) To encourage local food production through means such as community and
private gardens, greenhouses and hydroponic growing.
18) To support the sp011s, recreation and health needs of all age groups within the
community.
Heritage Preservation
19) To support heritage preservation projects such as development of hiking trails, the
erection of storyboards interpreting local heritage and the collection and recording
of stories about L'Anse au Clair.
20) To encourage the designation of all archaeological sites and sites of historic
significance in all land use designations identified in this plan.
3 CMHC defines affordable housing as housing that meets the needs of a variety of households in the low to
moderate income range. Typically it is housing that costs below 30% of before-tax income (including
mortgage/rent payments, taxes and utilities).
II
.... page 10
L'Anse au Clair Municipal Plan 2019 - 2029
21) To ensure that the natural heritage of the Town is preserved, including its scenic
beauty and the environmental quality of landscapes within the Planning Area.
D. Planning for Climate Change and Preserving the Natural
Environment
Climate change and the need to protect the natural environment are realities that will
influence a wide range of decisions on land use management and infrastructure during the
Planning Period. The Newfoundland and Labrador Office of Climate Change and Energy
Efficiency has developed a number of conclusions and recommendations on the
consequences of climate change, including:
-
A rise in sea level of 80 cm - I metre is projected over the next century,
-
An 18 - 20% growth in annual precipitation and increases in extreme weather
events by mid-century, and
-
Ongoing climate warming (especially winter).4
These and related changes are projected to cause increased flooding, coastal erosion and
landslides/rockfalls. Lands that will become more vulnerable to change will include:
-
Coastal lands (particularly those below the present 2 metre contour),
-
Cliff edges (an average annual recession rate of 15 cm is expected for the
province),
-
Riparian land along river banks and particularly land near the mouths of rivers
such as Eastern and Western Brooks, and
-
Steep lands, particularly those with unstable soil and at the base of steep slopes.
Wate1ways and wetlands will play important roles by helping to retain and control the
runoff of stormwater.
Objectives for 2019-2029, cont'd:
22) To incorporate the projected impacts of Climate Change, e.g., increased sea levels
and flooding potential, into the Town's land use management decisions, in
keeping with Federal and Provincial climate change plans5
23) To conserve the integrity of the land, shoreline and marine environments within
the planning area, and particularly lands that are environmentally sensitive (e.g.,
river banks, shorelines), unsuitable for development (e.g., at risk of flooding,
4 A recent report by Environment and Climate Change Canada, Canada in a Changing Climate, concluded
that Canada is warming at twice the global rate.
5 Including the national Framework on Clean Growth and Climate Change and the NL Climate Change
Action Plan.
Ill
.. . . page 11
L'Anse au Clair Municipal Plan 2019 - 2029
coastal erosion or landslides), or that are valuable for stormwater management
(e.g., wetlands), keeping in mind the impacts of climate change.
24) To meet Fisheries Act Regulations for treatment of the Town's wastewater.
25) To oversee management of the natural resources of the community, including the
requirement that undertakings having significant environmental effect be
registered under the Environmental Protection Act.
26) To ensure that any contamination of sites by oil and other substances is
remediated on an urgent basis.
E. Municipal Administration and Finance
Council will continue to provide sound governance during the Planning Period in the best
long-term interests of the municipality, promoting development and delivering the most
efficient and effective services to the public within its means.
Objectives for 2019-2029, cont'd:
27) To administer the Municipality of L'Anse au Clair within the framework laid out
in the Municipalities Act, 2000, including Part III, Administration and Staff.
28) To pursue training and upgrading opportunities for municipal staff and ensure that
municipal employees are serving the town with maximum productivity. This will
take different forms, including:
o Video-conferencing through the facilities of Smart Labrador, and
o
Individual training requests to the Department of Municipal and Provincial
Affairs.
29) To manage the Town's finances with the objective that total annual debt charges
not exceed 25% of total revenues.
Municipal Services
30) To prepare and implement a Capital Works Plan annually through the Planning
Period, in conformity with this Plan.
31) To deliver municipal services to residents to the highest quality of possible, given
available resources.
32) To provide piped services that adhere with the Limit of Services Agreement with
the Department of Municipal and Provincial Affairs and any amendments that
may be approved subsequent to this Plan coming into effect.
II
.... page 12
L'Anse au Clair Municipal Plan 2019- 2029
33) To continue to provide and upgrade drainage ditches for flood prevention and
erosion control.
34) To preserve the environmental quality of the L'Anse au Clair Water Supply Area
and to apply for its protection under provincial legislation administered by the
Water Resources Management Division, Department of Environment and Climate
Change.
35) To participate in the effort to establish a regional waste disposal facility for the
Labrador Straits/Eastern Labrador Region.
Cannabis
36) To respond to any enquires made to the Town concerning the growing or retailing
of Cannabis. In particular, the following is noted:
Ill
a. Household growing (up to 4 plants) of non-medical Cannabis may be
permitted for personal recreational purposes under the Cannabis Act,
administered by Health Canada (no permit required from the Town). Plants
must be grown from licensed seeds supplied by the NL Liquor Corporation.
Growing Cannabis for personal medical purposes may be pennitted, subject to
licensing by Health Canada. The number of plants permitted, etc will be
specified on the license.
b. These activities do not constitute development and do not require municipal
approval, unless an accessory building is required.
c. Commercial growing of Cannabis requires a license under the Cannabis Act
and authorization from the NL Liquor Corporation. A proposed operation will
be subject to a provincial environmental assessment, with the Town providing
input. Any production facility would need to be located on land designated
Industrial in this Plan.
d. Retailing of Cannabis products is administered by the NL Liquor Corporation
under Provincial Bill 20 (see www.cannabiscompliance.com). A retail
establishment would need to be located on propetty designated for
commercial purposes in this Plan.
.... page 13
L'Anse au Clair Municipal Plan 2019-2029
2.2 Land Use Policies
Land Use Designations have been developed to express the objectives and land use
policies of Council for the 2019 - 2029 Planning Period. They are:
Mixed,
Residential,
Public,
Conservation,
Industrial/Commercial,
Municipal Watershed, and
Rural.
The policies that follow, including General Policies and Future Land Use Maps 1 and 2
constitute the land use policy component of this Plan.
Mixed
i) General Intent
The intent of this designation is to continue the traditional mix of residential, public and
commercial uses that have always co-existed in L'Anse au Clair, primarily along the
Main Road (Route 510). In addition to Route 510, the designation is applied to two other
sites; one on Oceanview and the other fronting on Lodge and Western Brook Roads.
ii) Uses
Uses that shall be permitted in this designation include single and double dwelling
residential, bed and breakfast, conservation and recreational open space.
A wide range of uses may be permitted at the discretion of Council. They include
commercial uses (personal service, general service, catering, service station, light
industry, convenience store, shop, take-out food service, commercial residential, office,
home business, indoor and outdoor market, boarding house residential, club and lodge,
apartment building, medical and professional, amusement and theatre).
Other discretionary uses are mobile home, police station, child care, place of worship,
funeral home, cultural & civic, general assembly, indoor assembly, antenna,
communications and agriculture uses.
These uses may be permitted, provided Council is satisfied that any concerns re heritage
preservation, public safety, amenity and the natural environment are met.
Ill
.... page 14
L'Anse au Clair Municipal Plan 2019- 2029
iii) Commercial
Commercial and small-scale industrial uses in, for example, tourism and retail, engine
repair and manufacturing may be permitted, providing they allow for proper traffic access
and parking and are not a hazard or nuisance to adjoining uses.
iv) Public Service
Uses such as recreation, education, religious, health and other services designed for the
public good may be permitted in Mixed Use areas, provided they meet the standards of
Council for building, parking and the extension of services.
v) Heritage Preservation
Council will assign high priority to the preservation of structures and sites within Mixed
Use areas that demonstrate and represent the cultural and natural heritage of L'Anse au
Clair and its people, including aboriginal sites. To this end, development proposals will
be circulated to the Provincial Archaeology Office for comment.
vi) Environmental Quality
It is the policy of Council to see that all environmental regulations are employed to
ensure a clean environment is maintained throughout the community. Maintaining
attractive properties throughout the Town, including those fronting onto Main Road, will
be a priority.
Measures of environmental improvement will include the upgrading of small open
spaces, planting and signage. Council will apply such measures to its buildings and will
expect other property owners to do the same.
vii) Buffering
Council may require buffering or screening between land uses where the enjoyment of
property is an issue.
Residential
i)
General Intent
The intent of this designation is to continue primarily residential uses in established areas
and to encourage new development where infilling or rounding out of development is
possible. New development shall be supplied with municipal water and sewage services.
ii) Uses
Uses that shall be permitted in this designation include single dwelling and double
dwelling residential, recreational open space and conservation uses.
Ill
. ... page 15
L'Anse au Clair Municipal Plan 2019 -2029
Uses that may be permitted at the discretion of Council include antenna, apartment
building (including family & group home), mobile home, subsidiary apartment, child
care, home business, personal service, bed and breakfast, boarding house residential,
medical treatment & special care (home for the aged) and convenience stores. Other uses
traditional to the community such as the storage of gear and equipment related to
recreation and traditional subsistence activities, may be considered, provided they do not
detract from the residential character of the area or result in any environmental or safety
hazards.
iii) Road Standards
Where proposed development requires construction of a new road or road extension,
Council shall ensure that it will be developed to an acceptable standard prior to issuing
permits for development.
iv) Dam Road Expansion Area - General Intent
The Residential designation recognizes land abutting Dam Road as by far the best option
for residential expansion available to the Town (e.g., slope and drainage conditions and
the water main from the Park Lake water supply running through the property). New
development must be supplied with municipal water and sewage services and this land is
outside the Limit of Service agreement reached with the Provincial Government in 2001.
The agreement will therefore need to be re-negotiated before the Town is eligible for
provincial funding support of water and/or sewer projects for the area. It is Council's
intention to pursue this re-negotiation within a year of this Plan being approved.
v) Development Standards
In addition to the Limit of Service issue, prior to approving development, Council will be
satisfied that the Dam Road expansion area is properly designed before any development
is considered, piecemeal. This will include having a layout for the area completed to
Council's satisfaction and ensuring that proposed water and sewer services are checked
by a qualified Engineer and constructed to Council's standards. The Basque Snowmobile
Trail also runs through the area, which will need to be accommodated in the layout.
The design will also need to provide for a secondary road access to the Main Road (the
provincial guideline, in the interest of resident safety and security, is that cul-de-sacs not
exceed 300 metres unless secondary access is provided for).
Public
i)
General Intent
Lands are designated Public to permit institutional-type uses that will serve the public of
L'Anse au Clair, beginning with the new Council building.
Ill
.... page 16
L'Anse au Clair Municipal Plan 2019-2029
ii) Uses
Permitted uses shall include cultural and civic uses, indoor and outdoor assembly, general
assembly, recreational open space, office, place of worship and conservation uses.
Child care, antenna and facilities of community service organizations may also be
permitted on a discretionary basis. This could also include an affordable housing project
for senior citizens, run by a not-for-profit organization.
Public uses are also permitted in the Mixed Use and Residential designations. In
addition, Jersey Trail, Labrador Pioneer Footpath and the Basque Snowmobile Trail are
examples of facilities within the Planning Area available for use by the L'Anse au Clair
public.
Conservation
i) General Intent
The intent of this designation is to preserve lands that are environmentally sensitive
(susceptible to flooding, erosion, valuable wetlands, etc). It includes land along the
banks of Western Brook and the shoreline of L'Anse au Clair Cove. These areas are also
to be preserved for public access and enjoyment. An additional intent is to preserve any
archaeological resources discovered on the land. In this event, the Provincial
Archaeology Office is to be notified. These priorities are also emphasized in the Rural
designation.
ii) Uses
The uses permitted in this designation will focus on the conservation of natural resources.
Uses that may be permitted include agriculture and antenna. Hiking trails such as the
Jersey Trail, may be permitted if it doesn't compromise the preservation of natural
heritage.
Industrial/Commercial
i) General Intent
Land on Dam Road is designated Industrial/Commercial to accommodate new industrial
development and commercial uses not requiring frontage on Main Road. For the land
designated Industrial/Commercial on the waterfront, the intent is to continue to
accommodate uses associated with marine transportation and fishing.
Uses on Dam Road will be limited to those not requiring municipal water supply and
sewage disposal services, until such services are available .
-
. ... page 17
L'Anse au Clair Municipal Plan 2019-2029
ii) Uses
Uses to be permitted on Dam Road shall include indoor assembly, general commercial
(e.g., outdoor market), light industry, antenna and conservation.
Uses that may be permitted on Dam R_oad at the discretion of Council include general
industry, agriculture, outdoor assembly and recreational open space. Mineral Working
(qurury) uses may be permitted, subject to regulations and review under the Quarry
Materials Act and/or the Mineral Act. This will include a requirement for rehabilitation
of quarry sites under the Quarry Materials Act.
On the waterfront, permitted uses shall include general industry (e.g., seafood processing,
marine repair and supply), transportation and antenna.
Uses that may be permitted at the discretion of Council include catering, recreational
open space and utilities.
The bulk storage of hazardous substances shall be excluded from the Industrial/
Commercial designation.
iii) Buffering
Unsightly operations must be screened from public view.
Municipal Watershed
i) General Intent
The intent of this designation is to prevent any development or extraction activity that
would affect the quality of the municipal water supply. It is vital that residents have an
adequate supply of quality, potable water.
ii) Uses
No development shall be permitted except those aimed at environmental conservation.
Passive recreation (such as hiking and canoeing) may be permitted. Antenna and utility
uses may be permitted, subject to criteria (e.g., that they don't cause pollution, erosion or
other major alteration).
iii) Protection Measures
All development proposals shall be required to show plans for grading, ditching and
landscaping. Where necessary, Council will create awareness of the Town' s water
supply and the need to protect it, including the posting of signs along the watershed
boundary. Environmental monitoring and remediation shall be carried out where
required.
Ill
.. . page 18
L'Anse au Clair Municipal Plan 2019 - 2029
Rural
i) General Intent
The balance of land within the L'Anse au Clair Planning Area is designated Rural on
Future Land Use Maps 1 and 2. The intent is that the traditional use of these lands for
subsistence, recreation, public utility and other purposes, be continued. Development of
natural resources on-site will be considered where such uses are not suitable for serviced
community locations. Further, this designation is to ensure the environmental protection
of sensitive and hazardous lands, including those subject to flooding.
These areas are also to be preserved for public access and enjoyment. An additional
intent is to preserve any archaeological resources discovered on the land. Development
proposals are to be circulated to the Provincial Archaeology Office for comment and they
are to be notified of any discovery of archaeological resources.
ii) Uses
Rural lands will generally be retained in their natural state. Permitted uses will be limited
to environmental conservation, and traditional, resource-based activities such as home
gardening or commercial fur farming (see (v) below). Forestry will be a permitted use,
subject to the approval of the Department of Fisheries, Forestry and Agriculture.
Uses that may be permitted at Council's discretion include mineral exploration, mineral
working (see (iii) below), solid waste disposal (see (iv) below), recreational open space,
outdoor assembly, transportation and cemetery.
Public utility uses, including wind power generation facilities, may be permitted subject
to the approval of Council and relevant provincial and federal authorities. Council will
evaluate each development proposal to determine impacts on the natural environment and
L'Anse au Clair's cultural heritage.
Resource-based industry (general industry) may be considered within the Rural
designation where being located next to the resource is a requirement or where siting the
use within the serviced community is undesirable.
Subsidiary buildings such as a dwelling, storage shed or barn may be permitted where
Council is of the opinion that it is necessary for the successful operation of the main use.
Other discretionary uses include communications and antenna.
Any proposed development accessing onto the Trans Labrador Highway (Route 510) will
be scrutinized carefully using criteria such as the following:
a) Approval to be secured from the Department of Transportation and Infrastructure,
all other relevant provincial agencies and Council,
b) A full landscaping plan for the property to be developed, with all outdoor storage
areas properly screened from view of the passing public, and
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c) Design of buildings, facilities and signage to be approved by Council and the
Provincial Government, including the Department of Tourism, Culture, Arts and
Recreation, ensuring all is in keeping with a major Gateway to the Province and
the Town of L'Anse au Clair.
iii) Mining
Mineral working may be permitted in the Planning Area if approved through a
comprehensive environmental impact assessment.
When issuing a pennit for any mining operation, Council may attach such conditions as,
in its opinion, are necessary. These could relate to, for example,
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noise, dust and pollution control, and
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site rehabilitation.
Existing quarry sites are to be exhausted before new sites are developed.
iv) Solid Waste Disposal
A buffer of not less than 1.6 km (1 mile) is to be maintained around any disposal site
used by the Town, to protect against smell, rodents and other adverse environmental
effects.
v) Agriculture & Traditional Harvesting
Agricultural uses that may be permitted include traditional resource-based activities such
as home gardening and fur farming. Trapping and snaring of animals will not be
permitted within or near the built-up community.
General Policies
The following policies will apply to all Land Use Designations within this Municipal
Plan.
i)
Steep Slopes
Any proposal to develop a structure on a site with slopes in excess of 15% is to be
certified by a Professional Engineer.
ii) Transportation
Municipal roads are to be maintained in an acceptable condition to maximize safety and
convenience for the public.
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iii) Property Maintenance
The exteriors of buildings are to be finished and maintained to the satisfaction of Council,
particularly with respect to public safety and general appearance. Owners of dilapidated
structures shall be required to repair or remove them if they present a safety hazard.
Wrecked or inoperable vehicles, machinery or equipment of any kind shall not be stored
or abandoned where they may be in general public view.
iv) Development Near Waterbodies
Development will not be permitted within 15 metres of the high water mark of all water
bodies within the Planning Area, including rivers, streams, ponds and wetlands, except
for the following, and then only with approval from the Departments of Environment and
Climate Change and Fisheries and Oceans:
- wharves, slipways and sheds along the coast to allow for marine operations, and
- public works and utilities.
v) Recreation/Tourism
Creating and preserving recreation experiences for both residents and visitors is a priority
for Council. This includes playgrounds, Jersey Trail, the L'Anse au Clair portion of the
Labrador Pioneer Trail and Basque Whalers Snowmobile Trail and the scenic beauty of
the landscape throughout the Planning Area.
vi) Non-Conforming Uses
Land uses that legally existed at the time of the registration of this Municipal Plan will be
allowed to continue irrespective of its conformity to this Municipal Plan. Specific
provisions concerning legal non-conforming uses shall be set out in the Development
Regulations.
- It is the intent of this Plan that non-conforming uses shall, over the long term, cease
to exist or be relocated to a more suitable location within the Municipal Planning
Area.
- Council may permit changes in non-conforming uses where the change is to a more
compatible use. Where possible these shall be replaced by uses that conform to the
land uses and policies of this Plan.
- Renovation, alteration, reconstruction or limited enlargement of a non-conforming
use in circumstances specifically set down in its regulation may be permitted,
provided that to do so would not constitute a hazard, or have any other deleterious
effect on surrounding uses.
vii) Heritage Preservation
Council will assign high priority to the preservation of structures and sites that
demonstrate and represent the cultural and natural heritage of L'Anse au Clair and its
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people, including aboriginal sites. The designation of any heritage structures will be
pursued under provision 248 of the Municipalities Act 1999:
The council may, by regulation, designate real property as heritage buildings,
structures or lands.
Council may also declare Heritage Areas under Section 200 of the Municipalities Act
1999.
viii) Archaeological Sites
Council recognizes the high potential for new archaeological sites to be located within
the Planning Area and will make it a priority to have close consultation with the
Provincial Archaeology Office.
ix) Off-Street Parking
In planning sites for new development or re-development, adequate space for off-street
parking of motorized vehicles will be reserved.
2.3 Plan Implementation
The adoption of this Plan represents the start of the 2019 - 2029 planning process. The
Plan will be implemented over the next ten years through ongoing review and decisions
of Council and in co-operation with Council and bodies such as the Labrador Straits
Historical Development Corporation. Of particular importance to Council are the
following:
Administration of the Plan
This Plan will be an ongoing guide to Council and its officials in pursuing its goals,
objectives, policies and programs. All development within the Planning Area shall
confonn to this Plan. It is intended that no amendment of this Plan will be required to
permit minor adjustments of the Plan's boundaries.
Control of Development
Council will exercise control over all development within the Planning Area in
accordance with this Plan and the Development Regulations.
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L'Anse au Clair Municipal Plan 2019 - 2029
Any person wishing to develop or subdivide land for any purpose within the L'Anse au
Clair Planning Area shall make application for permission to Council. All new
development or redevelopment as well as any change of use or alteration or improvement
to any land or existing building will require a permit from Council. A separate petmit
will be required for all building work and the occupancy of a building. A building permit
will not be granted until a development and/or subdivision permit has been obtained.
Public Consultation
Council is committed to consultation with citizens and will seek input from the public on
planning and development matters that, for example, require a change of Town policy,
amendment to this Plan or the L'Anse au Clair Development Regulations.
Amending & Reviewing the Plan
Amendments to the Plan may be considered by Council under certain conditions, such as:
o If changing circumstances require that a Plan policy be re-examined,
o If studies have been undertaken which contain recommendations or policies that
should be incorporated into the Plan, or
o If a provincial land use policy has been released that requires a change in policy by
the Town.
While the boundaries of the land use designations outlined in this Plan can be subject to
some interpretation, any change to these boundaries (beyond such interpretation) will
require a Plan amendment.
Should amendments to the Plan be necessary during the Planning Period, they shall be
prepared according to the Urban and Rural Planning Act 2000, Sections 16 - 30.
After five years from the date on which this Plan comes into effect, Council shall review
the Plan and revise it if necessary. Revisions will take account of development which can
be foreseen during the following 10 years.
Development Regulations
Once this Plan is adopted, Council will adopt Land Use Zoning, Subdivision and
Advertisement Regulations (or Development Regulations) pursuant to Section 35 of the
Urban and Rural Planning Act 2000 which states in part:
A council shall, to ensure that land is controlled and used only in accordance with the
Municipal Plan, make development regulations respecting:
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land use zoning,
-
the requirements f or residential lots, and
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L'Anse au Clair Municipal Plan 2019 - 2029
-
the development of and requirements for, subdivisions.
Permitted and Discretionary Uses
Each of the Use Zones laid out in Schedule 'C' of the Development Regulations will
include Permitted and Discretionary Uses. The issuing of permits for permitted uses is
usually straight forward, subject to the requirements set out in the Regulations and any
further conditions imposed by Council.
Discretionary uses are those that may be allowed in a zone if:
o The development is not contrary to the general intent and purpose of this Municipal
Plan, the L'Anse au Clair Development Regulations, or any other regulations
pertinent to the Town,
o Proper public notice has been given and Council is satisfied that it is not against the
public interest and will fit into the zone as a complementary or non-damaging use,
and
o Council is satisfied that the discretionary use is suitably located within the zone
proposed.
Re-zonings
For any proposed mapping amendments to the Development Regulations (i.e., a
rezoning), Council shall require a clear proposal that shows:
o The location of the subject property (to scale), showing lot dimensions, area and road
frontages,
o The means by which the site will be serviced,
o The location of driveway and parking areas, and
o The location of all proposed buildings.
Criteria to be Considered
In its review of proposals for amendments to the Development Regulations, Council shall
consider the following:
o Conformity with the intent of this Plan and with the requirements of Town
regulations,
o The ability of the Town to absorb any related costs,
o The adequacy of proposed water and sewer services, or of physical site conditions to
accommodate services,
o The adequacy of the road adjacent to or leading to the development,
o The potential for the development to contaminate watercourses or cause erosion,
o The potential for other environmental impacts of the development (e.g., air, soil
pollution and noise impacts),
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L'Anse au Clair Municipal Plan 2019-2029
o Previous uses of the site which may have caused soil or groundwater contamination,
and
o The bio-physical suitability of the site (e.g., grades, soil and bedrock conditions and
the location of watercourses and marshes).
Capital Works Program and Budgeting
Annual works will be carried out by Council according to its Capital Works Plan, in
conformity with this Plan. Non-capital works initiatives will be carried out by Council as
detailed in this document.
It is the policy of Council to carry out multi-year programming, with pre-planning and
engineering carried out well in advance of construction.
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L'Anse au Clair Municipal Plan 2019 - 2029
Future Land Use Maps
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L'Anse au Clair Municipal Plan 2019 - 2029
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